TERMS OF USE OF SERVICES****

CMINER PRIVATE LIMITED
(CIN U72900TN2021PTC147713)

**** (Its mandatory for all customers to read and acknowledge this terms of use of services document before purchasing TH from C Miner Pvt Ltd)

These Terms of use of Services (hereinafter referred to as “Terms”) is entered between the Customer and Cminer Pvt Ltd’s shared BTC Cloud Mining Platform (hereinafter referred as “C miner”) that applies to the Client’s use of any and/or all Services, products and content provided by the C miner.

As used herein, the “C miner” refers to the company Cminer Pvt Ltd India including but not limited to, its directors, officers, employees, agents or other related parties, unless otherwise provided herein.

These Terms of Services contains important provisions, which the Customer must consider carefully when choosing whether to visit the website and use the services, products and content of C miner. Please read these Terms of Service carefully before agreeing to them. By accessing, downloading, using or clicking on “I agree” to accept any of our services (as defined below) provided by C miner, you agree that you have read, understood and accept all the terms and conditions contained in these Terms as well as our Privacy Policy & Risk Disclosure.

I . Terms of use of our Services:

a. Using the services of C Miner, the customer agrees that the customer has fully read and accepted all the terms and conditions laid down in this document , as well as familiarized with Privacy Policy and Risk Disclosure of C Miner which are given separately to the customer to review, then the customer is at liberty to accept/reject.

b. If the customer does not agree with any of the Terms and / or conditions contained in this document, or in the Privacy Policy or in the Risk Disclosure, the customer should immediately stop using the services of the C Miner.

c. By creating an account for participating in the shared BTC Cloud Mining Platform with C Miner, the customer agrees that he / she has given consent to the terms and conditions outlined in this Terms of Service.

d. If you have any queries related to the Terms of Service, you may contact our customer support team at [email protected]

II. Terms and Definitions

a. This Agreement contains a list of conditions for our customers that must be accepted before continue working with C Miner

b. A personal account page of a customer is a dashboard inside the shared BTC Cloud Mining Platform of C Miner and that is created as a result of registration and acceptance of the terms of use by a customer.

c. Privacy policy - these are the rules for the collection, storage and use of personal information of a customer of the shared BTC Cloud Mining Platform of C Miner.

d. Purchase of a higher quantity of Terra Hash means the process of online transfer of the customer's funds from his/her personal account to C Miner and it happens when the customer purchases a higher quantity of Terra Hash value for the cloud mining of BTC with C Miner.

e. KYC or Personal data of the customer means and includes the name of the customer, Aadhar Card Number, PAN Number, address, payment information, email address, and phone contact that the user shared while registering on the Shared BTC Cloud Mining Platform of C Miner.

III. Terms of Agreement

a. If the customer accepts to join the shared BTC Cloud Mining Platform of C Miner, then its deemed that before proceeding further the customer need to accept the following terms of use.

b. By opening a customer account in the shared BTC cloud mining platform of C Miner, you confirm that you are an Indian Citizen and of at least 18 years of age and you are an individual or legal entity or an entity that is fully authorized to accept this terms of use between you and C Miner.

IV. Prohibition of use

a. By using the services of the shared BTC Cloud Mining Platform of C Miner , at www.cloudminergpt.com you declare that you are not barred by Govt of India and not named on any list of trade or economic sanctions by Govt of India or any similar to the List of Sanctions of the United Nations Security Council or any other country.

b. The terms of use of this document cannot be excluded under the laws of India where the user is a citizen.

V. Details of service

a. The customer fully understood and agrees that he/she is given an opportunity to open an account to participate in the shared BTC Cloud Mining Platform of C Miner by paying a minimum amount in INR at the prevailing rate offered per 1 TH value (One Tera Hash value) + 18% GST and the customer has made such a purchase of TH without any compulsion, pressure, or promise on returns in a time frame by its staff, or through its website, or in its social media promotions, or in its leaflets, or in its brochures or other mode.

b. The customer further agrees that any amount paid by the customer for acquiring Tera Hash to participate in the shared BTC Cloud Mining Platform from C Miner are non fundable and non returnable.

c. The Customer agrees that the customer while using the purchased services of the C Miner shared BTC cloud mining platform are allotted 50% (fifty percentage) of the totally mined BTC for any given week and which are transferred to customer’s owned Cminer wallet” on every Wednesday.

d. The customer further understood and agrees that remaining 50% (fifty percentage) of the accrued BTC mined during the said week is set aside towards the expenses incurred (eg. Electricity, hosting charge, insurance, security & Safety of the machine) and retained by cloud mining facility provider of C Miner.

e. The Customer also agrees that he/she is aware of all the risks associated with all possible movements of the value of virtual asset and he/she has been warned of such risks before purchasing TH.

f. Withdrawal process: The Customer has the option to initiate a fund withdrawal or transfer from their own Cminer wallet to their linked bank account or to an account held with any other financial institution. In the case of such transactions, a transaction charge will be deducted by the relevant blockchain network in accordance with prevailing market rates. The platform is not involved in setting or determining this charge; it is a direct fee imposed by the blockchain network for the computational resources required to validate and process the withdrawal transaction. This transaction charge is not retained by Cminer and does not contribute to the Cminer's revenue stream.

g. C Miner or its staff or its mining facilitator shall not require or ask the customer to transfer own virtual assets to the wallet of a third party. As part of its compliance with Anti-Money Laundering (AML) regulations, the platform will implement measures to limit and oversee the movement of assets from the customer's Cminer wallet to wallets owned by third parties. This is a proactive step taken to ensure that any potential transactions are thoroughly reviewed and validated to prevent any illicit financial activities. In violation of the above directions, if the customer is in receipt of any communication to the contrary, such requests must be repudiated by the customer and the customer should keep in touch with the [email protected] at the earliest.

h. The customer shall not share his/her account password with any third party. C Miner or its staff shall never ask the customer to share the same with anyone else.

i. All communications from C Miner will be delivered to the customer’s e-mail shared during registration from the official e-mail of C Miner and no communication of any other sort like the phone or social media shall be accepted by C Miner as a record or evidence from the customer. Similarly, all communications by the customer to C Miner should be sent to the official e-mail ID` [email protected].

j. The list of fraudulent transactions is much wider, the customer agrees that C Miner Pvt Ltd does not take responsibility for any loss of funds resulting from the situations mentioned above.

k. By acknowledging this terms of use of C Miner Pvt Ltd shared BTC cloud mining platform at www.cloudminergpt.com at the time of registration, the customer confirms that all information provided to C Miner under this terms of use is true, complete and accurate.

l. A customer agrees that, if he/she intends to participate in the shared cloud mining process, should initiate the process of registration at own will, the customer also should accept to the Terms of use , Risk Disclosure document, and Privacy Policy at www.cloudminergpt.com of C Miner Pvt Ltd.

VI. Instructions to Customers on KYC Process

a. Your registration with C miner will be deemed your agreement to provide required personal information for identity verification. Such information will be used for the purposes of verifying your identity and for the detection of third-party payments, money laundering, terrorist financing, fraud, or any other type of financial crime, and permit us to keep a record of such information indefinitely. You will be required to complete certain verification procedures before you are permitted to use the C miner Services. C Miner will collect, use and share such information in accordance with our Privacy Policy.

b. Identification and verification procedures (also known as 'Know Your Customer' or 'KYC') are required for all Transactions. If the Customer refuses to provide required documents and information under KYC, C miner reserves the right to immediately terminate the Services provided to the Customer.

c. To open a customer account with C Miner to participate in shared BTC cloud mining platform, a customer needs to provide scan copy of his/her Aadhar Card Number ( front and rear pages), PAN, electronic mail id, a self photo and phone number.

d. By creating an account with C Miner, you agree to provide personal data to verify the authenticity of your identity. (These measures are necessary to detect and for compliance of AML legislations, fraud, financing of terrorist organizations and other financial crimes.)

e. Before the registration, the customer must ensure that the information provided is complete and truthful, and you will update C Miner on time in the event of any change.

f. If there is any doubt that the information you submitted is untrue or is outdated or incomplete, C Miner has the right to send you a notification asking you to correct or update personal data.

g. The customer takes full legal responsibility for any losses or expenses incurred at the time of use of the shared BTC Cloud Mining platform of C Miner if he/she could not contact us on time and update personal information. By accepting these terms of use, you acknowledge that you undertake to update personal information in case of any changes.

h. Based on the outcome of the verification of KYC data provided by the customer, it’s the sole discretion of C Miner to accept or refuse to open an account.

VII. Security of the Customer Account:

a. C Miner , shall strive our best to ensure maximum security to preserve user data and mined BTC in his/her wallet, but you are solely responsible for maintaining the security of your wallet at C Miner Pvt Ltd shared BTC cloud mining platform, by maintaining the secrecy of the password, and your electronic login address.

b. C Miner Pvt Ltd requests you, as account holders, also be extremely careful and take precautions to protect your account and personal information.

c. That you will comply with the tax laws, security system, authentication, and processing while you intend to dispose of the accrued BTC in your account.

d. That you immediately notify C Miner, if you become aware of any unauthorized use of your account and password in C Miner Pvt Ltd shared BTC cloud mining platform by another person, or other violations of security rules.

e. C Miner Pvt Ltd and its shared BTC cloud mining platform do not take responsibility for any losses and consequences caused by the neglect of the above account security statement by the customer.

f. The Customer is responsible for maintaining the confidentiality of information on their account, including, but not limited to their password, email, wallet address, wallet balance and of all activities including transactions made via their account. If there is any suspicious activity related to the Customer’s account, C miner may request additional information from the Customer, including authenticating documents and freeze the account for the review time under intimation to the Customer. The Customer is obligated to comply with these security requests or accept termination of their account.

g. It is advisable to change the Customer’s password regularly at least every three (3) months or more frequently to reduce the risk of a security breach in relation to the account. C miner also advises the Customer not to choose a password that is easily guessed from information someone might know or gather about the Customer or a password that has a meaning. The Customer must never allow anyone to access his/her account or watch the Customer accessing his/her account.

VIII. SERVICES AVAILABILITY

All services are provided “AS IS”, without guarantees of any kind, either expressed or implied.

a. The Customer will strive to keep the Platform up and running 24/7; however, all online services may suffer from occasional disruptions and outages and C miner is not liable for any disruption or loss the Customer may suffer as a result beyond our control. Thus, C miner does not provide any guarantees that access to the Platform will not be interrupted or that there will be no delays, failures, errors, omissions or loss of transmitted information.

b. ii. C miner will use reasonable endeavours to ensure that the Customer can normally access the Platform in accordance with the Terms. C miner may suspend use of the Platform for maintenance and will make reasonable efforts to give the Customer a notice. The Customer acknowledges that this may not be possible in an emergency.

IX. ILLEGAL TRANSACTIONS

A. The C miner reserves the right to suspend or terminate Customer’s Account at any time if the C miner reasonably believes to be required to do so by the law or in order to comply with recommendations issued by a relevant government authority or recognized body for the prevention of financial crime.

B. It is strictly forbidden to use the Account for any illegal purposes. The C miner will report any suspicious activity to the relevant law enforcement agencies.

C. The Customer shall ensure that they do not use the Services for the transactions relating to:

a) money laundering, terrorist financing, proliferation of weapons of mass destruction;

b) human trafficking;

c) any goods or services that are illegal or the promotion, offer or marketing of which is illegal or that are offered in connection with illegal, obscene or pornographic content, depict children or minors in sexual postures, depict means of propaganda or signs of unconstitutional organization’s glorifying war or violating human dignity;

d) any goods or services, promotion, offer or marketing of which would violate copyrights, industrial property rights or other rights of any person;

e) drugs, narcotics or hallucinogens;

f) weapons of any kind;

g) illegal gambling services;

h) any other illegal goods, services or transactions.

X. Directions to comply:

i. You shall hereby agree to abide when you use the C Miner Pvt Ltd shared BTC cloud mining platform that:

a. shall not fail to pay taxes or fees any or all due to the Govt of India.

b. all the actions you take while using C Miner Pvt Ltd shared BTC cloud mining platform shall meet the requirements of applicable laws, as well as rules laid by C Miner Pvt Ltd.

c. this agreement and the rules contained therein laid down by C Miner Pvt Ltd shall NOT be violated.

ii. If you happen to violate any of the rules of the above paragraphs and this has led to any legal consequences, you accept that you shall independently carry out all legal remedy on your behalf and also protect and absolve C Miner , its staff, employees and its facilitator from all claims and costs associated with such a violation.

iii. You agree to use the C Miner Pvt Ltd shared BTC cloud mining platform by following the Risk Disclosure document, Privacy Policy document and Terms of Service, without causing any interference with the normal operation of the platform.

XI. INTELLECTUAL PROPERTY RIGHTS.

a. All content on the C miner’s website is the property of C miner and is protected by copyright, patent, trademark and any other applicable laws, unless otherwise specified hereby.

b. The trademarks, trade names, service marks and logos of C miner and others used on the website (hereinafter the “Trademarks”) are the property of C miner and its respective owners. The software, applications, text, images, graphics, data, prices, charts, graphs, video and audio materials used on C minor’s website belong to C miner. The Trademarks and other content on the website should not be copied, reproduced, modified, republished, uploaded, posted, transmitted, scraped, collected or distributed in any form or by any means, no matter manual or automated. The use of any content from the website on any other site or a networked computer environment for any other purpose is strictly prohibited; any such unauthorized use may violate copyright, patent, trademark and any other applicable laws and could result in criminal or civil penalties.

c. C miner supports the protection of intellectual property. If you would like to submit (i) a trademark claim for violation of a mark on which you hold a valid, registered trademark or service mark, or (ii) a copyright claim for any material on which you hold a bona fide copyright, please send us an email to the authorized email of the C miner.

XII. GOVERNING LAW

These Terms and Conditions shall be governed by and construed in accordance with the laws of India. Subject to the arbitration clause, all disputes arising out of or in relation to this terms and conditions, shall be subject to the exclusive jurisdiction of the courts in the Corporation of Greater Chennai, India.

XIII. GOVERNING LANGUAGE:

English shall be the governing language of the C miner.

XIV. . Liability and Limitation:

A. In no event shall the C miner, its officers, directors, employees, shareholders, attorneys, agents, representatives, and all third party service providers be liable to the customer or any other person or entity for any direct, indirect, incidental, special, punitive or consequential damages whatsoever, including any that may result from:

B. accuracy, completeness or content of the platform and the website,

C. accuracy, completeness or content of any websites linked (through hyperlinks, banner advertising or otherwise) to the platform and the website,

D. the services permitted by the C miner or the services provided by any other websites linked (through hyperlinks, banner advertising or otherwise) to the platform or C miner website,

E. personal injury or property damage of any nature whatsoever,

F. third-party conduct of any nature whatsoever,

G. any unauthorized access to or use of platform servers and/or any and all content, personal information, financial information or other information and data stored with the C miner,

H. any interruption or cessation of services to or from the platform or the c miner website or any websites linked (through hyperlinks, banner advertising or otherwise) to the platform or the C miner website,

I. any viruses, worms, bugs, trojan horses or the like, which may be transmitted to or from the C miner website or any websites linked (through hyperlinks, banner advertising or otherwise) to the platform or to the C miner website,

J. any user content or content that is defamatory, harassing, abusive, harmful to minors or any protected class, pornographic, “x-rated”, obscene or otherwise objectionable and/ or

K. any loss or damage of any kind incurred as a result of the customers use of the platform or the website or the services, whether based on warranty, contract, tort or any other legal or equitable theory and whether or not the C miner is advised of the possibility of such damages. In addition, you specifically acknowledge and agree that any cause of action arising out of or related to the platform or the website or the services must be commenced within thirty days after the cause of action accrues, otherwise such cause of action shall be permanently barred.

L. The foregoing limitation of liability shall apply to the fullest extent permitted by law and shall survive any termination or expiration of this agreement or the customer's use of the platform or the website or the services of C miner.

M. C Miner Pvt Ltd shall also not be responsible for any of your losses resulting from the events described below, but not limited to:

i. unauthorized alteration of your data by third parties.

ii. loss of profit, goodwill, or other intangible losses.

iii. unauthorized use of your account.

iv. other losses if any.

Note: The customer also agree to protect C Miner Pvt Ltd, its employees, directors, affiliates and agents from all kinds of losses incurred by a third party as a result of your actions in violation of this Agreement.

XV. INDEMNITY

The Client agrees to protect, defend, indemnify and hold harmless the C miner and its officers, directors, employees, agents and third-party service providers from and against any and all claims, demands, costs, expenses, losses, proceedings, investigations, suits, liabilities and damages of every kind and nature (including, without limitation, attorneys’ fees and fines or penalties imposed by any regulatory authority) imposed upon or incurred by the C miner directly or indirectly arising out or related to

(i) the Customer’s use of and access to the Platform or the Services;

(ii) the Customer’s violation of any provision of the Terms or the policies or agreements which are incorporated herein; and/or

(iii) the Customer’s violation of any applicable law, regulation, or rights of any third-party, including without limitation any intellectual property or another proprietary right during the use of C miner services. The indemnification obligations under this section shall survive any termination or expiration of the Terms or the Customer’s use of the Platform or the Services.

XVI. MODIFICATIONS AND AMENDMENTS

The C miner reserves the right to update, amend, modify, revise or suspend any portion of these Terms, Privacy Policy, Risk disclosure subject to applicable law at any time by publishing the revised version. The changes will become effective and shall be deemed accepted by the Customer, the first time the Customer uses the services after the publishing of the revised Terms and shall apply on a going-forward basis with respect to any activity initiated after publishing. You hereby consent and agree that it is your responsibility to ensure that your understanding of this Section is up to date. In the event that the Customer does not agree with any such modification, the Customer's sole and exclusive remedy is to terminate the use of the Services and close the Account. The Customer agrees that the C miner shall not be liable to the Customer or any third party as a result of any losses suffered by any modification or amendment of these Terms.

XVII. TERMINATION

You agree that C Miner has the right to stop your use of the shared BTC cloud mining platform, and block funds if it is suspected that such accounts have violated the Terms, the Privacy Policy, or other applicable legislation. C Miner has the right to save, use and provide transaction data of violators at the request of law enforcement agencies.

The termination of the terms of this document is possible with such factors:

i. by order of a court or by a competent regulatory authority.

ii. if unauthorized access to the account is detected.

iii. if non-natural , illegal account activity is detected.

iv. by the promulgation of any new statute by Govt of India

After the account is closed and the funds are blocked, the entire balance of the user will go to pay off all costs.

XVIII. FORCE MAJEURE

If C miner is unable to perform the Services outlined in this document due to the factors beyond its control including but not limited to the event of Force Majeure, change of law or change in sanctions policy, the C miner will not have any responsibility to the Customer with respect to the Services provided hereunder and for a time period coincident with the event.

XIX. CONCILIATION

All claims, differences and disputes, between a customer and the C miner, arising out of or in connection with the Transactions on the platform including any agreements and contracts, made subject to these Terms of C miner or with reference to anything incidental thereto or in pursuance thereof or relating to their validity, construction, interpretation, fulfilment or the rights, obligations and liabilities of the parties thereof and including any question of whether such agreements, contracts and transactions have been entered into or not, the parties shall adopt conciliation proceedings, before a conciliator or a panel of conciliator appointed by the C miner prior to referring the dispute to arbitration, subject to the provisions of this Terms and any Rules & regulations made thereunder.

The place of Conciliation shall be at the Conciliation Centre at the C miner or any place prescribed by the C miner.

The C miner shall prescribe the Norms, Procedure and Fees including the procedure for appointment of a Conciliator for such conciliation process.

XX. ARBITRATION

a. All claims, differences and disputes, between Customer and the C miner, arising out of or in connection with the Transactions on the platform including any agreements and contracts, made subject to these Terms the C miner or with reference to anything incidental thereto or in pursuance thereof or relating to their validity, construction, interpretation, fulfilment or the rights, obligations and liabilities of the parties thereof and including any question of whether such agreements, contracts and transactions have been entered into or not, which the party fails to resolve through conciliation shall be referred for arbitration The arbitration provisions set forth in this Section will survive termination of these Terms. The process of arbitration shall be in accordance to the Arbitration and Conciliation Act 1996 which derives its basis from the 1985 UNCITRAL Model on International Commercial Arbitration and UNCITRAL Arbitration Rules of 1976.

b. The seat of Arbitration: The seat of Arbitration shall be at Chennai India.

c. Language of Arbitration: The language of Arbitration shall be in English and the proceedings also conducted in the English Language. If the documents are in a language other than English, parties shall submit their true copies along with the documents links to the third party links if any.

d. The Platform and the Website may contain links to third-party websites that are not owned or controlled by C miner. The C miner assumes no responsibility for the content, terms and conditions, privacy policies or practices of any third-party websites. In addition, C miner does not censor or edit the content of any third-party websites. By using the Platform or the Website, you expressly release the C miner from any and all liability arising from the Customer's use of any third-party website. Accordingly, the C Miner encourages the Customer to be aware when the Customer leaves the Platform or the Website, or the Services of C miner and to review the terms and conditions, privacy policies and other governing documents of any other website that you may visit.

XXI. SEVERABILITY

If any provision of this Terms at any time held unlawful, invalid or unenforceable at any aspect under any law of any jurisdiction, such portion shall be deemed severable and shall not affect the other provisions of these Terms, which will remain in full force and effect, and the invalid or unenforceable portion will be given effect to the greatest extent possible.

XXII. WAIVER

The failure of one party to require the performance of any provision will not affect that party’s right to require performance at any time thereafter. At the same time, the waiver of one party to seek recovery for the other party’s violation of these Terms or any provision of applicable terms shall not constitute a waiver by that party of any subsequent breach or violation by the other party or of the provision itself.

XXIII. DISCLAIMER

a. The information provided by C miner through its various publications is purely for market awareness purpose. Moreover, C miner doesn’t hold responsible or liability for any profit or loss made by clients during the usage of this shared BTC Cloud Mining Platform.

b. By accepting this Terms of Use document, the Risk Disclosure document and the Privacy Policy terms document, the customer agrees to reimburse all losses and expenses incurred by C Miner if the user's actions led to such losses.

c. C Miner Pvt Ltd is not responsible for errors and inaccuracies associated with the use of its services.

XXIV. COMPLIANCE WITH LOCAL LAWS

It is the customer’s bounden responsibility to abide by local laws of India in relation to the legal usage of Services of the platform in their local jurisdiction as well as other laws and regulations applicable to the customer. Customers must also factor, to the extent of their local laws all aspects of taxation, the withholding, collection, reporting and remittance to their appropriate tax authorities. The customer shall acknowledge and declare that their funds come from legitimate sources and do not originate from illegal activities. Customers also agree that C miner will require them to provide or otherwise collect the necessary information and materials as per relevant laws or government orders to verify the legality of the sources and use of their funds. The C miner maintains a stance of cooperation with law enforcement authorities globally and will not hesitate to seize, freeze, or terminate customer’s accounts and funds which are flagged out or investigated by legal mandate.

XXV. ANNOUNCEMENTS:

Please be aware that all official announcements, news, promotions, competitions and airdrops will be listed on our website www.cloudminergpt.com from time to time. Our Customers undertake to refer to these information regularly and promptly. C miner will not be held liable or responsible in any manner of compensation should users incur personal losses arising from ignorance or negligence of the announcements.

XXVI. CUSTOMER SUPPORT

If you have any queries about any of the above terms, please contact [email protected]