Step 1 of 7 - MaraPool Pool Services Agreement
This MaraPool Services User Agreement (this “Agreement”) is made and entered into as of the acceptance date (the “Effective Date”), by MARATHON DIGITAL HOLDINGS, INC, a corporation located in Nevada, USA, and the accepting party (“Pool User”). Pool users and Marathon Digital Holdings, Inc are collectively referred to as the “Parties”, and each individually as a “Party.”
These terms outline user’s rights and responsibilities when using MaraPool products and services whether via the application programming interfaces (“API”) or online at MaraPool’s website or the MaraPool web interface at www.dashboard.marapool.com (the “MaraPool”), so read them carefully. Additional terms may apply to the use of the MaraPool, including additional terms of service, terms within the accompanying products documentation, and any applicable policies or guidelines. If there is a conflict between these terms and the additional terms, the additional terms apply for that conflict. If User uses the MaraPool as an interface to, or in conjunction with other MaraPool products and services, then the terms for such products and services also apply.
User may not use the MaraPool and may not accept the Terms if (a) User is not of legal age to form a binding contract with MaraPool, or (b) User is an entity barred from using or receiving the MaraPool under the applicable laws of Canada, the United States, Europe or other countries including the country in which User is a resident or from which User uses the MaraPool.
User may need to create a MaraPool account in order to use MaraPool or a MaraPool account may be assigned by an administrator, such as a MaraPool employer. It is User’s responsibility to keep its password, account credentials, and accounts secure. If User learns of any unauthorized use of its account, contact MaraPool immediately.
In order to obtain a MaraPool Account, Users will need to go through MaraPool’s KYC process, which requires User to provide certain information (such as identification or contact details) as part of the registration process for the MaraPool Account, or as part of continued use of the MaraPool. Users agrees that any registration information it gives to MaraPool will always be accurate and up to date.
User will use the MaraPool only as permitted by law (including without limitation laws regarding the import or export of data or software, privacy, or local laws). Users will not use the MaraPool to encourage or promote illegal activity.
Users will only access (or attempt to access) MaraPool by the means described in the documentation of that MaraPool.
User agrees that MaraPool may send it certain communications in connection with its use of the MaraPool.
If User provides feedback or suggestions about the MaraPool, then MaraPool may use such information without obligation to User.
MaraPool shall have the right to charge fees for specific Services in accordance with applicable fee schedule ("Exhibit A").
The User hereby acknowledges that they are responsible for obtaining necessary information about tax or similar obligations arising in relation to the provision of crypto mining on the MaraPool. The User hereby further acknowledges that the MaraPool is responsible neither for obtaining the above-mentioned information nor for fulfillment of such tax (or similar) obligations.
When using the MaraPool, the following prohibitions apply:
Content accessible through our MaraPool may be subject to intellectual property rights, and, if so, User may not use it unless licensed to do so by the owner of that content or otherwise permitted by law. User's access to the content provided by the MaraPool may be restricted, limited, or filtered in accordance with local laws, regulations, and policies.
MaraPool reserves the right in its discretion to include advertising in the content returned through the MaraPool. If any advertisements are returned, User may not modify such advertisements and User must show them in accordance with the relevant MaraPool documentation.
Unless expressly permitted by the content owner or by applicable law, User agrees that it will not, and will not permit its end users to, do the following with content returned from the MaraPool:
“Brand Features” is defined as the trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of each party. Except where expressly stated, these terms do not grant either party any right, title, or interest in or to the other party’s Brand Features. All use by User of MaraPool’s Brand Features (including any goodwill associated therewith) will inure to the benefit of MaraPool.
User agrees to display any attribution(s) required by MaraPool. MaraPool hereby grants to User a non-transferable, non-sublicensable, nonexclusive license during the term to display MaraPool’s Brand Features for the purpose of promoting or advertising that User uses the MaraPool. User must use the MaraPool Brand Features in only accordance with these terms and for the purpose of fulfilling User's obligations under this Section. User understands and agrees that MaraPool has the sole discretion to determine whether User's attribution(s) and use of MaraPool’s Brand Features are in accordance with the above requirements and guidelines.
User may stop using the MaraPool and close his account at any time, following the settlement of any pending transactions.
If any of the following situations occurred, MaraPool have the right of cutting off or terminating the services:
MaraPool may also terminate User’s MaraPool account at any time at our sole discretion after informing User by email or other methods. MaraPool may shut down User’s access to services if User are failing to comply with this Term, constitute unacceptable fraud or administrative risk to MaraPool, or if User provides false, incomplete, inaccurate or misleading information. MaraPool will not be liable for any losses caused by User’ termination or the suspension of User’s MaraPool account.
User can shut down MaraPool account at any time, but User is still obligated to perform obligations to any pending transaction. Besides, you will be responsible to us for any costs incurred prior to shutting down.
If a third-party software is used to perform User’s the mining operations. MaraPool is not liable for any collection of User’s personal data by this their party, for the activities performed by such software, or for the direct and indirect effects on User’s hardware components.
Neither MaraPool nor any other person providing the operation of MaraPool are liable for any damage incurred by the User as a consequence of planned or unplanned shutdown or outage of the Pool. The User is solely responsible for setting up its hardware in a way that allows the hardware to reconnect to MaraPool automatically when MaraPool becomes available after the shutdown or outage.
User acknowledges that they are solely responsible for setting up mining hardware devices used for providing the computing power for the Mining on MaraPool. The User also acknowledges that the mining process is very demanding on the computing power of the hardware, which can cause an increase in electricity consumption and accelerate wear on some of the hardware components. Therefore, MaraPool is not liable for any such costs, wear and tear or damages incurred thereby.
User hereby waives to the fullest extent permitted by applicable law the right to claim damages incurred in relation to computing power provision (services provision) as well as damages incurred in relation to any other Pool activity or in relation to information published on the Pool website and also any other related damages, in particular the damages (loss of earnings) incurred as a result of non-fulfillment of User‘s expectations regarding the amount of remuneration for the provided services, a complete failure to provide a remuneration, damages to software or hardware of the User and also damages incurred in relation to any loss of data on the hardware and software components of the User.
Nothing in the Terms of Service excludes or limits the liability of the User for fraud, death or personal injury caused by its negligence, breach of terms implied by operation of law, or any other liability which may not by law be limited or excluded.
MaraPool may modify these terms or any additional terms that apply to MaraPool occasionally, for example, to reflect changes to the law or changes to our MaraPool. MaraPool will post notice of modifications to these terms or the additional terms within the documentation of each applicable MaraPool. Changes are effective seven (7) days after they are posted. However, changes specific to new functionality for MaraPool or changes made for legal reasons will be effective immediately. User agrees that its continued use of the MaraPool constitutes an acceptance of the modified terms.
Fee adjustments based on hashrate contribution are reset on the 1st of each month and are assessed using the Pool Users running 30-day average hashrate.