TERMS AND CONDITIONS FOR HIVEON OS

1.1. These Terms and Conditions (the ”Terms”) outline the rules and regulations for the use of Hiveon OS and other Hiveon Services provided by the Company.

1.2. The following definitions apply to these Terms and Conditions:

1.2.1. ”Client”, ”You” and ”Your” or ”User” refers to you, the person accessing this website and accepting the Company’s terms and conditions.

1.2.2. ”Company”, ”Hiveon”, ”Operator”, ”Ourselves”, ”We”, ”Our” and ”Us” refers to Big Bang Block Ltd., a legal entity registered under the laws of the British Virgin Islands, company number 2107338.

1.2.3. ”Party”, ”Parties”, or ”Us” refers to both the Client and ourselves, or either the Client or ourselves.

1.2.4. ”Pool” or ”Hiveon Pool” refers to Hiveon mining Pool for ETH, ETC, RVN accessible at https://hiveon.net and means pooling of resources by miners, who share their processing power over a network, to split the reward equally, according to the amount of work they contributed to the probability of finding a block.

1.2.5. ”Software” or ”Hiveon OS” refers to operating system used for cryptocurrency mining accessible at https://hiveon.com/os created and owned by the Company, that helps to monitor and keep data on all devices of the users involved in mining.

1.2.6. ”Website” refers to https://hiveon.com/os.

1.2.7. ”Hiveon ID” refers to the authorisation method used by the Company for instant access to all of its services which requires email, login and a password.

1.2.8. ”Hiveon firmware” refers to hardware offered and supported by Hiveon for the users.

1.2.9. ”Hiveon asic hub” refers to the service allowing quick installation and efficient maintenance of asic devices of the users.

1.2.10. ”Account” or ”Hiveon Account” refers to Hiveon ID account of the User.

1.2.11. ”Hiveon Services” refers to all services related to Hiveon OS provided by the Company available at: https://hiveon.com/features/, including but not limited to Hiveon Pool, Hiveon firmware and Hiveon Asic Hub.

1.2.12. Any use of the above definitions or other words in the singular, plural, capitalisation are taken as interchangeable and therefore as referring to the same.

1.3. Please read these Terms and Conditions (the ”Terms”) carefully before using the Services described herein. By accessing the website or using Hiveon OS and other Services, you are acknowledging that you have read these Terms, as amended from time to time, and you agree to be bound by them. If you do not agree to these Terms, or any subsequent amendments, changes or updates, do not access the website or use Hiveon Pool.

2.1. By using the Website and the Software, you represent and warrant that you:

2.1.1. are at least 18 years and have the capacity to form a binding contract;

2.1.2. have not previously been suspended or removed from the Software;

2.1.3. have full power and authority to enter into this agreement and, in doing so, will not violate any other agreement to which you are a party;

2.1.4. are not furthering, performing, undertaking, engaging in, aiding, or abetting any unlawful activity through your relationship with us, through your use of Software or use of Services;

2.1.5. will not use Services if any applicable laws in your country prohibit you from doing so under these Terms.

2.1.6. are not a resident of one of the following sanctioned countries: North Korea, Iran, Russia, Belarus.

2.2. We may terminate your access to the Services for any breach of the Terms at our sole and absolute discretion.

2.3. Depending on your country of residence, incorporation, or registered office, you may not be able to use all the functions of the Services provided therein. You are responsible for following the rules and laws in your country of residence and/or country from which you access the Services.

3.1. Use of the Software and other Services is available only to the Users who have been authorised by having valid Hiveon ID.

3.2. Using Hiveon ID, you warrant that you agree with these Terms and Eligibility clause.

3.3. Unauthorised use of the Website and/or our systems, including, but not limited to, unauthorised entry into and/or any attempted access of Hiveon’s systems and/or any restricted areas of any of the Website, misuse or sharing of passwords or misuse of any other information, is strictly prohibited.

3.4. You may not use any Services in any manner that could damage, disable, overburden, or impair any part of the Services or interfere with any other party’s use of any of Services.

3.5. You may not attempt to gain unauthorised access to any Hiveon service, computer systems or networks connected to Hiveon Website or service through hacking, password mining or any other means. You may not screen-scrape, data scrape and/or use any automated means to acquire data and/or information from our Website.

3.6. You agree that you will not engage in any activities related to any of the Services that are contrary to these Terms of Service and/or any applicable laws or regulations.

3.7. You agree to notify us immediately if you learn or suspect that the security of your password may have been compromised. You further agree that you are responsible for any unauthorised use of your password before you have notified us, and we have had a reasonable opportunity to act on that notice.

3.8. We reserve the right to suspend or cancel your Hiveon ID account, if we suspect it is being used in an unauthorised or fraudulent manner, even without receiving the above mentioned notice from you.

3.9. We do not provide services to clients from the sanctioned countries, namely Russia and Iran. Therefore, we reserve the right to conduct selective KYC and KYB and block accounts of residents of the named sanctioned countries.

3.10. You have the right to provide the Company with comments, suggestions, and other information regarding the functionality, operations, errors, and vulnerabilities of the Hiveon OS, Hiveon Account, Hiveon ID, Website, and Hiveon Services. The Company, at its sole discretion, conducts an assessment and evaluation of the provided data and may grant you a reward in cryptocurrency. Details of the rewards are determined individually in each instance. The right to receive the compensation is subject to limitations set in Section 2. More details are provided here https://hiveon.com/vulnerability-disclosure-policy/

3.11. The Software may collect information about the User, the User’s actions in connection with the Software, the results of using the Software. The Company receives this information and may use it to improve the Software, provide better services and share the data with third parties, including the name and particulars of the User. Such data may include: the country, figures, indicators, screenshots from the Software etc.

4.1. Hiveon grants to the users non-exclusive, personal, revokable, non-sublicensable, non-transferable licence to use the Software for the term of this Agreement exclusively for the purpose stipulated herein.

4.2. Hiveon shall retain ownership of all Intellectual Property Rights in the Software.

4.3. The users shall not (a) modify, copy, decompile, disassemble, or reverse engineer, or cause any other party to modify, copy, decompile, disassemble, or reverse engineer the software, technology, and/or other services; (b) sublicense any of Hiveon’s Intellectual Property Rights to third parties or sell, resell, rent, sublicense, or lease the services to third parties; (c) otherwise violate the license grant or restrictions set forth herein; (d) use the Services to store or transmit malicious code; (e) interfere with or disrupt the integrity or performance of the services, Hiveon’s operations, or third-party’s data contained therein, either directly or using third party technology; (f) alter, copy, move, or delete any tags or codes placed as part of the services; (g) misappropriate any of Hiveon’s software, technology, or other services; (h) use, permit, enable, or assist any third party to use the services to create competing products or services.

5.1. While accessing the Software or any other Service, you warrant and agree that you:

5.1.1. will not use the Services for any purpose that is unlawful or prohibited by these Terms;

5.1.2. will not violate any law, contract, intellectual property or other third-party right or commit a tort;

5.1.3. are solely responsible for your conduct while accessing the Software;

5.1.4. will not access the Software in any manner that could damage, disable, overburden, or impair the provision of the Services or interfere with any other party's use of the Services.

5.2. Harassment in any manner or form on the Services, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Hiveon Team or other licensed employee, admin, or representative, as well as other members or visitors on the Services is prohibited.

5.3. You may not upload to, distribute, or otherwise publish through the use of the Services any content which is libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offence, violate the rights of any party or which may otherwise give rise to liability or violate any law.

5.4. You may not upload commercial content on the Services or use the Services to solicit others to join or become members of any other commercial online service or other organization.

5.5. You may not create multiple accounts for the purpose of using the services for free. You are allowed to have only one Hiveon OS account. In case you create multiple accounts, all of them will be detected and banned, and the mining process on all the farms of these accounts will be suspended. If you use system bugs that allow avoiding payment, your account will also be banned.

5.6. In case of violation of any of the Restrictions, Hiveon reserves the right to immediately suspend or terminate your Hiveon Account and suspend your access to the Software, mainly if we believe that such Hiveon Account violates these Terms or Privacy Policy or any applicable laws and regulation.

5.7. It shall not be permitted for the users to return their personal wallet deposits, bonuses and funds that were deposited during the promotions and led to the receipt of bonuses.

6.1. You expressly understand and agree that:

6.1.1. Hiveon provides Hiveon OS, Hiveon Firmware and all its other products and services on “as is” basis and makes no other warranties related to Hiveon OS and Hiveon Firmware, whether express, implied or statutory, and you accept this. Hiveon specifically disclaims any implied warranties of merchantability, fitness for a particular purpose, and non-infringement regarding Hiveon OS and Hiveon Firmware. Hiveon expressly disclaims all warranties, representations and conditions of any kind, whether express or implied, including, but not limited to the implied warranties, representations and conditions of merchantability, fitness for a particular purpose and non-infringement, endorsements or representations whatsoever as to the operation of the Website, information, content, materials, or products. This shall include, but not be limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement, and warranties that access to or use the service will be uninterrupted or error-free or that defects in the service will be corrected.

6.1.2. Hiveon does not warrant that the functions of Hiveon OS, Hiveon Firmware and all its other products and services

(I) will meet your requirements or

(ii) that operation of Hiveon OS, Hiveon Firmware and all its other products and services will be uninterrupted, timely, secure, or error free, or

(iii) that the results obtained from the use of Hiveon OS, Hiveon Firmware and all its other products and services will be effective, accurate, or reliable, or

(iv) that the quality of any products, services, information, or other material purchased or obtained by you through the services will meet your expectations, or

(v) that any errors or defects in Hiveon OS, Hiveon Firmware and all its other products and services will be corrected.

6.1.3. Any material downloaded or otherwise obtained through the use of the services is done at your own discretion and risk and that you will be solely responsible for any damage to your hardware and computer systems or loss of data that results from the download of any such material.

6.1.4. No advice or information, whether oral or written, obtained by you from Hiveon or through or from the Services shall create any warranty not expressly stated in the terms.

6.1.5. Hiveon reserves the right at any time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Hiveon will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

6.1.6. Hiveon shall not be liable to you for direct, special, indirect, consequential, punitive or exemplary damages suffered by such party resulting from or arising out of this agreement or the breach thereof or under any other theory of liability, whether tort, negligence, strict liability, breach of contract, warranty, indemnity or otherwise, including loss of use, increased cost of operations, loss of profit or revenue, or business interruptions. Under certain laws it may not be possible to disclaim liability and warranties completely, in such cases the liability of Hiveon in direct damages under the contract is limited to the amount of payments completed by you to Hiveon in the year preceding such liability.

7.1. You acknowledge and agree that the Website and Software (including Your account) may contain proprietary and confidential information, including trademarks, service marks and patents protected by intellectual property laws and international intellectual property treaties. The Company authorises you to view and make a single copy of portions of its content for offline, personal, non-commercial use. Our content may not be sold, reproduced, or distributed. Any third-party trademarks, service marks and logos are the property of their respective owners. Any further rights not expressly granted herein are reserved.

7.2. The Company retains all copyright and other intellectual property rights, including inventions, discoveries, know-how, processes, marks, methods, compositions, formulae, techniques, software, information and data, whether or not patentable, copyrightable or protectable in trademark, and any trademarks, copyrights or patents based thereon over all content and other materials contained on Website or provided in connection with the Services, including, without limitation, Hiveon logo and all designs, text, graphics, pictures, information, data, software, source code, as well as the compilation thereof, sound files, other files and the selection and arrangement thereof.

8.1. The Website may include connections to third-party websites and/or services (each referred to as a "Third Party Site/Content"). These links are only provided for your convenience. The inclusion of any link is not, and does not imply, an association, sponsorship, endorsement, approval, investigation, control, verification, or monitoring of any content provided on any third party site by Hiveon.

8.2. In no event shall Hiveon be liable for any third party site’s information or your use or failure to utilise such site. You should also be aware that the terms and conditions and privacy policies of each third party site, will differ from those that apply to your use of the Website. For details on the applicable third party site’s terms and conditions and/or privacy policy, you should contact the operator of that site.

8.3. Certain portions of the Website may contain unedited or third-party content, including, without limitation, user submitted content.

8.4. All user submitted content, as well as all other postings, messages, text, images, links to third-party websites, or other materials published on or otherwise made available by parties other than Hiveon are solely the responsibility of the person(s) who originated such content.

9.1. Please refer to our Privacy Policy published on the Website for information about how we collect, use and share your data and what options you have regarding your personal information. We employ the use of cookies. By using Hiveon websites you consent to the use of cookies in accordance with Hiveon Privacy Policy. Most of the contemporary interactive websites use cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting.

10.1. You understand and agree that the Company and any of its subsidiaries and affiliates, as well as its founders and participants, managers and directors, employees and contractors, officers and agents shall in no event be liable for any direct, indirect, incidental, special, consequential, or exemplary damages. This shall include, but not be limited to damages for loss of profits, business interruption, business reputation or goodwill, loss of programs or information or other intangible loss arising out of:

10.1.1. the use of or the inability to use the services or information, or

10.1.2. any permanent or temporary cessation of such service or access to information, or

10.1.3. the deletion or corruption of any content or information, or

10.1.4. the failure to store any content or information.

10.1.5. the cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into through or from the services;

10.1.6. unauthorized access to or alteration of your transmissions or data;

10.1.7. statements or conduct of any third party on the services; or

10.1.8. any other matter relating to the services.

10.2. The above limitation shall apply whether or not Hiveon has been advised of or should have been aware of the possibility of such damages. In jurisdictions where the exclusion or limitation of liability for damages is not allowed, the liability of Hiveon is limited to the greatest extent permitted by law.

10.3. You agree to indemnify and hold harmless Hiveon, its subsidiaries and affiliates, as well as its founders and participants, managers and directors, employees and contractors, officers and agents from and against any claims, actions, proceedings, investigations, demands, suits, costs, expenses and damages (including attorneys’ fees, fines or penalties imposed by any regulatory authority) arising out of or related to:

10.3.1. your use of, or conduct in connection with, Services,

10.3.2. your breach or our enforcement of these Terms, or

10.3.3. your violation of any applicable law, regulation, or rights of any third party during your use of Services.

10.4. If you are obligated to indemnify Hiveon pursuant to these Terms, Hiveon will have the right, in its sole discretion, to control any action or proceeding and to determine whether Hiveon wishes to settle, and if so, on what terms.

10.5. The disclaimer and/or limitation of liability provisions contained herein shall be applied to the greatest extent permitted by law in certain jurisdiction.

11.1. You agree and consent to receive all communications, agreements, documents, receipts, notices and disclosures electronically that Hiveon provides in connection with your Account or use of the Software. You agree that Hiveon may provide these communications to you by posting them via the Account or emailing them to you at your email address. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy.

11.2. You may receive notifications from Hiveon using the Telegram bot or Discord bot of Hiveon.

11.3. In case of necessity to send a notice to us, you may contact us at: [email protected].

11.4. All complaints and/or concerns of any nature from external parties can be addressed to the email: [email protected]

12.1. These Terms shall be governed, construed and enforced under the laws of the British Virgin Islands, without regard to conflicts of legal rules.

12.2. Unless otherwise agreed in writing between you and us, any dispute arising out of or relating to the Agreement, or the breach hereof, shall be finally resolved by the relevant courts of the British Virgin Islands.

13.1. If for any reason any provision of these Terms, or a portion thereof, shall be unenforceable, that provision shall be enforced to the maximum extent permissible to effect the intent of these Terms, and the remainder of these Terms shall continue in full force and effect.

13.2. Hiveon reserves the right to modify these Terms from time to time at our sole discretion and without any notice. Changes to our Terms become effective on the date they are posted, and your continued use of Hiveon after any changes to Terms will signify your agreement to be bound by them.