If you are accessing Services as a customer of a Tokenpay Cloud MIning reseller, the terms below do not apply to you, and your agreement with your reseller governs your use of the Services. These Terms of Service (the “Agreement”) is made and entered into by and between Tokenpay Cloud Mining Alliance (“Tokenpay Cloud Mining”) and the entity or person agreeing to these terms (the “Customer”). This Agreement is effective as of the date that the Customer clicks to accept the Agreement (the “Effective Date”). If you are accepting on behalf of the Customer, you represent and warrant that: (i) you have full legal authority to bind the Customer to this Agreement; (ii) you have read and understood this Agreement; and (iii) you agree, on behalf of the Customer, to this Agreement. If you do not have the legal authority to bind the Customer, please do not click to accept. This Agreement governs the Customer’s access to and use of the hosted computational services offered by Tokenpay Cloud Mining (the “Services”). For an offline variant of this Agreement, you may contact Tokepay Cloud MIning for more information. 1. PROVISION OF SERVICES 1.1. Algorithm. This agreement is for the use of one algorithm in connection with transaction verification for one or more blockchain protocols. At the start of the Term of Agreement, Customer's selected algorithm may be used to mine certain cryptocurrencies using the Technology Waves Protocol. As described in Section 3 below, the Customer acknowledges the risks associated with blockchain technology and acknowledges that variations may occur with the protocols used to perform blockchain transaction verification ("mining") for cryptocurrencies using algorithms selected by Tokenpay Cloud Mining Service . The chosen algorithm is reflected in the Tokenpay Cloud Mining Service Agreement Specification document (“Agreement Specifications”). 1.2. Computing Power and Hash Rate. Tokenpay Cloud Mining will provide Customer's computing power at the hash rate specified for the Term of the Agreement, subject to Section 1.3 (Service Levels and Variances Agreement). The hash rate chosen by the Customer is reflected in the Agreement Specifications. 1.3. Service Level and Variance Agreements. The customer acknowledges that the Service will be provided on a best effort basis. The availability of computing power and, accordingly, the output and yield of the Service and any cryptocurrency may vary by up to 5%. Notwithstanding the above-mentioned differences, Tokenpay Cloud Mining will make reasonable efforts to ensure that all facilities and supplies relevant to providing the Service are maintained in good working order to avoid discrepancies with the same due diligence it applies in its own dealings. 1.4. Hash Rate Output. Selection of the Tokenpay Cloud Mining Service from an algorithm, selection of the quantity of computing power or hash rate, allocation of computing power, and use of the Service may result in the acceptance of cryptocurrency, subject to Maintenance Fees, Blockchain Transaction Fees, and Third-Party Fees (each described in Section 2 below). Tokenpay Cloud Mining has the discretion to accumulate or bundle the Cryptocurrency generated Hash Rate Output in the Customer's digital omnibus account until the accumulated value is high enough to exceed the Blockchain Transaction Fee requirements. The Tokenpay Cloud Mining Service can set and adjust the threshold for sending Hash Rate Output at its discretion, which can be done even without prior notification to the Customer. Adjustments are generally made due to a material increase or decrease in Blockchain Transaction Fees or operational degradation, bottlenecks, failures or disruptions other than the blockchain network used by the Customer. For avoidance of doubt, the Customer remains the beneficial owner of the accumulated Hash Rate Output. 1.5. Hash Rate Output Conversion. As described in Section 1.4 (Hash Rate Output) above, the Tokenpay Cloud Mining Service algorithm selection, computational power allocation, and use of the Service may result in the reward of one or more cryptocurrencies. If applicable, the Tokenpay Cloud MIning Service may provide the Customer with the option to receive a Hash Rate Output in one or more cryptocurrencies of the same value as the cryptocurrencies mined by the Customer. 1.6. Service Use. During the Term, Customer may: (i) use the Service, and (ii) use any Software provided by Tokenpay Cloud Mining as part of the Service. Customer may not sub-license or assign these rights. 1.7. Dashboard. As part of receiving the Service, the Customer will have access to the Dashboard where the Customer can manage the Service, including the management and allocation of computing power in connection with the algorithm used by the Tokenpay Cloud Mining Service. The Dashboard also provides Customer tools to direct cryptocurrency transfers to Customer's cryptocurrency wallet or the Customer's preferred cryptocurrency as described in Section 1.5 (Hash Rate Output Conversions). 1.8. New Apps and Services. Tokenpay Cloud MIning Service may: (i) make new applications, tools, features or functions available from time to time through the Service; and (ii) add new services to this Section 1 (Provision of Services) from time to time, the use of which may be subject to Customer's agreement to additional terms. 1.9. Service and Agreement Modifications. Tokenpay Cloud Mining Service may make commercially reasonable Service updates from time to time. If Tokenpay Cloud Mining makes material changes to the Service, the Customer fully agrees that the change in these terms is the full authority of Tokenpay Cloud Mining Service to make these changes as a step that is considered important to maintain the continuity of the Tokenpay Cloud Mining Service mining ecosystem. Tokenpay Cloud Mining Service may amend this Agreement, and any related documents, from time to time. Unless stated otherwise, material changes to the Agreement will be effective in accordance with applicable provisions unless the changes apply to new functions that will take effect immediately. Tokenpay Cloud Mining Service does not have to provide formal prior notice to make material changes to any Service Level Agreement 2. TERMS OF PAYMENT, FEES AND TAXES 2.1. Upfront Costs. This Agreement and the provision of Services agreed herein are subject to Customer satisfaction of the prepayment of a value set by the Tokenpay Cloud Mining Service, the hash rate assigned (“Upfront Fee”). 2.2. Maintenance cost. Customer shall pay and owe Tokenpay Cloud Mining the costs of maintaining certain data center operations (“Maintenance Fees”) for use of the Service as described in this Agreement and the relevant Service Specification Terms. Tokenpay Cloud Mining will calculate and automatically deduct the Maintenance Fee from the Customer's Output Hash Rate every day. If the Hash Rate Output for one or more days does not meet the Maintenance Fee, Tokenpay Cloud Mining may deduct the Maintenance Fee from the next Hash Rate Output during the Term of the Agreement. Tokenpay Cloud Mining may from time to time offer promotions whereby the Customer may pay a Maintenance Fee in advance. Tokenpay Cloud MIning may, from time to time, offer certain services, products or promotions for which there is no Maintenance Fee or the Maintenance Fee has been waived, modified or discounted (for example, Radiant Zero). 2.3. Blockchain Transaction Fees. The sending and receiving of Customer's cryptocurrency is subject to network or transaction fees charged by the blockchain associated with the Tokenpay Cloud Mining Service algorithm (“Blockchain Transaction Fees”). Blockchain Transaction Fees are paid for transmitting, recording, verifying, and processing transactions on the blockchain and are not stored by Tokenpay Cloud Mining Service. 2.4. Third Party Fees. Digital wallets, wallet addresses, tools, and certain third party software and devices (“Third Party Wallets”) used by Customers may also charge Customers fees, including fees per transaction or transfer. The customer is responsible for knowing and complying with such charges. Customers should note that any such fees can significantly reduce Customer's Hash Rate Output and therefore Customers are responsible for managing the selection, use, and the rate and frequency of their acceptance of such Hash Rate Output to Third Party Wallets. 2.5. Tax. Customer is responsible for any taxes, and Customer will pay Tokenpay Cloud Mining for the Service without tax deduction. If the Tokenpay Cloud Mining Service is required to collect or pay Tax, Tax will be billed to the Customer and/or deducted from the Customer's Output Hash Rate, unless the Customer provides Tokenpay Cloud Mining with a valid and timely certificate of tax exemption authorized by the tax authorities. . In some countries, states, and provinces, sales tax is charged on the total purchase price at the time of sale and must be invoiced and collected at the time of sale. If Customer is required by law to withhold any tax from his payments to the Tokenpay Cloud Mining Service, Customer must provide Tokenpay Cloud Mining an official tax receipt or other appropriate documentation to support such withholding. If under applicable tax laws the Service is subject to local value added tax (“VAT”) and the Customer is required to make local VAT withholding from the amount payable to the Tokenpay Cloud Mining Service, the value of the Service calculated according to the above procedure will be increased (summed) by the Customer for each local VAT amount and the gross amount will be deemed the price including VAT. The amount of local VAT deducted from the price including VAT will be remitted to the applicable local tax entity by the Customer and the Customer will ensure that the Tokenpay Cloud Mining Service will receive payment for its services for the net amount that should be due (VAT-price including minus local VAT withheld and deposited with the applicable tax authorities). If required by applicable law, Customer will provide the Tokenpay Cloud Mining Service with applicable tax identification information that may be required by the Tokenpay Cloud Mining Service to ensure its compliance with applicable tax regulations and authorities in the applicable jurisdictions. The customer will be responsible for paying (or reimbursing the Tokenpay Cloud Mining Service for) any taxes, interest, penalties or fines arising from a misrepresentation by the customer. 3. CUSTOMER OBLIGATIONS 3.1. Algorithm Selection. The customer is fully responsible for his decision to accept the selection of algorithms determined by Tokenpay Cloud Mining Service and understands and accepts the risks associated with blockchain technology, cryptocurrencies and cryptocurrency mining. 3.2. Hash Rate Allocation. The customer is responsible for allocating the hash value purchased by the customer under this Agreement. The customer acknowledges that the Tokenpay Cloud Mining Service is exempt from any form of claim whatsoever for all risks related to the choice of protocol used by Tokenpay Cloud Mining and based on this Agreement all risk provisions for protocol selection are consciously accepted by the customer. Customer should monitor and allocate hash rate via Dashboard. Customer acknowledges that mining difficulties may vary and tend to increase during the Term of this Agreement and Customer must understand all circumstances and situations that may change from time to time in various aspects that impact risks under this Agreement. 3.3. Digital Wallets and Private Keys. The Customer represents and warrants that the Customer is aware of and accepts the risks associated with digital wallets and private keys, including the risks described in this Section 3.3. The Customer's digital wallet or safe may require a private key, or a combination of private keys, for access. Therefore, loss of the necessary private key associated with the Customer's digital wallet or the vault holding the cryptocurrency will result in loss of said cryptocurrency, access to the Customer's cryptocurrency balance and/or any initial balances on the blockchain. In addition, any third party that gains access to such private key(s), including by gaining access to login credentials from the hosted wallet or vault service that the Customer uses, may misappropriate the Customer's cryptocurrency. The Tokenpay Cloud Mining Service is not responsible for these losses. 3.4. Login Credentials. The Customer represents and warrants that the Customer is responsible for maintaining the confidentiality of the Customer's login credentials. Tokenpay Cloud Mining login credentials and generated by the Service are for Customer's internal use only and Customers are strictly prohibited from selling, transferring or sub-licensing them to any other entity or person. 3.5. Blockchain Network Risks. The Customer represents and warrants that the Customer accepts the risks of the blockchain protocol and network, including instability, congestion, high transaction fees, network latency, information security, regulatory risks, and technological and operational errors. Customer understands that this risk may result in delays or failure to process transactions, failure to transmit Hash Rate Outputs, and high Blockchain Transaction Fees. The customer acknowledges that the customer understands and agrees that the Tokenpay Cloud Mining Service is not responsible for any reduction in the Service, related features, or capabilities resulting from blockchain network risks. As provided in Section 1.4 (Hash Rate Exceptions), in the event of a material increase or decrease in Blockchain Transaction Fees or operational degradation, congestion, failure, or disruption of any other than the blockchain network used by the Customer, the Tokenpay Cloud Mining Service may, at its sole discretion and without prior notification to the Customer, increase or decrease the threshold for sending the Customer's cryptocurrency. 3.6. Blockchain Modification Risks. Customer represents and warrants that Customer understands and accepts the risks associated with blockchain development and code changes, including the risks described in this Section 3.6. Blockchain technology is still under development and may experience significant changes from time to time. Blockchain Developers can make changes to the algorithm features and specifications selected by the Tokenpay Cloud Mining Service. Such changes may include or result in the removal of support for and/or efficient use of the chip used by the Tokenpay Cloud Mining Service. In addition, blockchain developers may also decide to modify the cryptographic verification process in such a way that the blockchain can no longer be verified through Delegate Proof of Stake (DPOS) and instead adopt Other Mining Algorithm methodologies deemed more relevant. 3.7. Evidence of Job Change Risk. In addition to the blockchain modification risk, blockchain developers may also decide to modify the cryptographic verification process in such a way that the blockchain can no longer be verified through Delegate Proof of Stake (DPOS) and instead adopt Other Mining Algorithm methodologies deemed more relevant. . Thus Customer's hash Rate for the Remaining Term of the Agreement if such protocol switch occurs can be allocated proportionally to this Agreement.Terms and Conditions