Stax Digital LLC Terms of Service
These Terms of Service and any terms expressly incorporated herein ("Terms") apply to any access to, or use of, any Site or App made available by Stax Digital LLC ("we", "us" or "Stax Digital"), a Delaware limited liability corporation, using the website www.honeyminer.com (the "Site") or Stax Digital's software mining program known as "Honeyminer" (the "App").
The Site and App are not directed to any person or corporation in any jurisdiction where the publication, access or availability of the Site or App is prohibited. Persons or corporations in respect of whom such publication, access or availability prohibitions apply must not access the Site or App.
Users should obtain their own professional advice should they have any questions about crypto-mining, including, without limitation, pertaining to any tax, technology or electricity questions.
If you are using the Site or App on behalf of a company, group or organization, you agree to these Terms on behalf of that company, group or organization and represent that you have the authority to do so (and in that case, "you", "person" or "their" refers to that group or organization).
- Stax Digital developed the App which utilizes a portion of the computation power of your personal computer or laptop for the purpose of low-volume crypto-mining through background activity during the regular use of those same computers. By downloading and using the App, you accept that Stax Digital: (i) licenses the use of the App to you and other users on a non-exclusive and revocable basis and (i) rents GPU computation power from you when you operate the licensed App through background activity on your personal computer or laptop (the "Rented Computation Power").
- In consideration for Stax Digital’s rental of your Rented Computation Power, Stax Digital will credit your account with a rental payment based on a percentage of the crypto-currency mined by Stax Digital utilizing your Rented Computation Power at a rate determined by Stax Digital from time to time (the "Rental Fee").
- The Site provides a supplementary online service platform for users of the App. Through the Site you can:
- Access information related to crypto-currencies;
- See your personal account balance aggregating your Rental Fee payable to you as consideration for the Rented Computation Power ("Account Balance");
- Submit a withdrawal request, as further detailed in Section 2 below; and
- Communicate directly with Stax Digital representatives.
- You agree that Stax Digital may, in its sole discretion, stop providing the Site or App, stop renting the Rented Computation Power and may discontinue the App and the Site at any time without liability to you. You further agree that Stax Digital may block your access or withhold your Account Balance due to guidance received from Stax Digital’s legal counsel.
- Opening an Account
- You can only use the Site and App if you can form a legally binding contract with us under the laws that apply to you, according to your location.
- You may establish only one user account per person. Stax Digital reserves the right to suspend or terminate any or all of your accounts and your access to the Site or App in the event that you open more than one account.
- You acknowledge that in order to withdraw the balance of your Rental Fee allocated to your account, you must provide us with an approved wallet ("Authorized Wallet"). In addition, you may be required to provide us with personal identification information as requested by us, such as a copy of your government issued ID, proof of residence or other related information that we may reasonably request.
- Your Rental Fee, will be paid to you in Bitcoin regardless of the type of crypto-currency that Stax Digital mines using your Rented Computation Power.
- All risk of currency fluctuations is born by you. This shall hold true regardless of any delay, halt or refusal to process a withdrawal even in the event that the fault, if any, is of Stax Digital for any reason whatsoever. Stax Digital will never convert any crypto-currency for you and you must have your own accounts and wallets to do so at your sole discretion, risk and liability.
- We will not be responsible for any loss or damage resulting from your failure to notify us of unauthorized use of the App or unauthorized access to your user account.
- If Stax Digital requests registration information from you, you must provide us with accurate and complete information and must update the information when it changes.
- You are solely responsible for all taxes associated with your account and payments or transfers made to you in relation to your account.
- User Obligations
- You represent that any information you provide to Stax Digital, including any information and other materials about a user that is a corporation, is true and correct. You further agree that you will promptly update us in the event any information you previously provided is no longer accurate or where you discover information previously provided was inaccurate when provided.
- You may only download, install and operate and use the App on a computer owned by you or legally licensed to you for uses including downloading and/or operating of mining software or applications. It is expressly forbidden and is a breach of these Terms to download, install, use or operate the App on a computer or other system that is not owned exclusively by you, or legally licensed to you for uses including downloading and/or operating of mining software or applications.
- By using the Site or App you assume sole responsibility for all activity taking place in your user account and assume sole responsibility for your use of the App. You are required to safeguard any passwords or other credentials used to access the Site ("Access Methods"). You accept responsibility for all activities, transfers and damages that occur under your account. It shall be a violation of these Terms to allow any other person to use your account or the Site or App. If you have reason to believe that someone is using your account without your permission, you should contact us immediately.
- By using the Site or App, you agree that you will not:
- Violate these Terms or any additional agreement related to the use of the App;
- Violate any applicable law, rule or regulation, including any securities or tax law, in any way;
- Interfere with Stax Digital or the operation of our Site or App, or disrupt any user, host, or network;
- Try to access another user's account, or access your account using a method other than the through the App or Site and instructions provided by us;
- Copy, distribute, or disclose any part of the Site or App by any medium, reverse engineer or attempt to extract the source code of our software, claim any ownership rights, or sell, trade, resell or otherwise exploit for any unauthorized commercial purpose or transfer any of our property; or
- Breach or circumvent any security or authentication measures, or probe, scan, or test any system or network for vulnerabilities.
- If any of your Access Methods are lost, stolen or compromised, you will immediately notify Stax Digital. You will be solely responsible and liable for all acts or omissions of any individual accessing or using the Site or the App by use of your Access Methods.
- You agree that you will immediately cease using the Site and delete the App from your computer, and you agree that Stax Digital may block your access to the Site and the App, in the event your use of the Site would violate any law applicable to you or to Stax Digital.
From time to time we may contingently allocate to your account promotional crypto-currency at our discretion subject to the terms that may apply to such promotion. In the event that no specific terms are specified under any promotion, that crypto-currency will be contingently allocated to a User’s account subject to your active use of the App or logging into your account at least once in any six (6) month period. Failure to maintain this activity level will result in the promotional crypto-currency being deemed expired and removed from your Account Balance at our discretion.
- Use of the Site
- You represent and warrant that you will not treat any content on the Site or any communication sent through the Site or App as information on which you should rely in making an investment or entering in any particular transaction, action or inaction, as they pertain to any crypto-currency, futures or crypto-mining venture.
- You acknowledge and agree that you will comply with, and are solely responsible for compliance with, all laws, rules and regulations pertaining your use of the App, and the Site.
- You may not use the Site or App where your use of the Site or App would be illegal or otherwise violate any applicable law, rule or regulation. For example, you are prohibited from accessing or using the Site or the App if you are a person with whom U.S. persons are not permitted to have dealings (an "OFAC-Prohibited Person") pursuant to economic sanctions administered by the United States Department of the Treasury's Office of Foreign Assets Control ("OFAC"). This includes (but is not limited to) persons located in, or a citizen of, or ordinarily resident in, the following countries and regions: Cuba, Iran, the Crimea Region of Ukraine, North Korea and Syria. You represent and warrant that you are not an OFAC-Prohibited Person or otherwise ineligible to use the Site or App. You also may not use the Site or App if you are located in, or a citizen of, or ordinarily resident in, any other jurisdiction where Stax Digital has determined, at its discretion, to prohibit use of the Site or App. Stax Digital may implement controls to restrict access to the Site or App from any jurisdiction prohibited pursuant to this Section 5(c). You are required to comply with this Section 5(c), even if Stax Digital’s methods to prevent use of the Site or App are not effective or can be bypassed. In addition, Stax Digital reserves the right to refuse registration to, or to bar Site or App or transactions (including withdrawal transactions) discussed herein, if any act, conduct, transaction, omission, or misrepresentation, exposes Stax Digital to sanctions, restrictions, or penalties; or upon receipt of any subpoena, order, or request from any government, government official, or law enforcement authority of competent jurisdiction; or from or to anyone in jurisdictions that do not meet international AML–CTF standards as set out by the Financial Action Task Force ("FATF"), or that is a Politically Exposed Person within the meaning of the FATF’s 40 Recommendations, or that fails to meet any of Stax Digital's due diligence standards, requests, or requirements.
- Content and Intellectual Property
- The Site and App, including all components, patents, trademarks, service marks, copyrights, know how, software, text, design, graphics, logos, interactive features and all intellectual property rights related thereto, are provided to you AS IS and solely for your personal use in accordance with these Terms. You will not sell, lease, licenses, copy, reproduce, distribute, transmit, display or provide, directly or indirectly, the Site or App or any part thereof to any third party. The Site and App and all information on or relating thereto are confidential and proprietary, are owned by us or our licensors and are the subject of valuable intellectual property rights protected under the laws of the United States of America and various copyright laws and treaty provisions throughout the world. These Terms do not provide you with any rights to use our trademarks, logos, domain names, or any other brand features. You receive no right, title or interest in or to the Site or App, except as expressly permitted by these Terms.
- You further agree not to circumvent, disable or otherwise interfere with security related features of the Site or App or features that prevent or restrict use or copying of any proprietary information or enforce limitations on use of the Site or the App or such proprietary information therein.
- You may choose to give us feedback about the Site or App, including ideas and improvements. By providing such feedback, you agree that Stax Digital is free to use any such feedback (or a similar concept developed internally by Stax Digital or obtained from another source) or share it with others, at any time, and you will not be entitled to any compensation or recognition for Stax Digital’s usage of your feedback.
- Third-Party Content; Links to Other Websites
- The Site may contain links to other websites. Unless otherwise specifically stated, we do not control or endorse such other websites.
- assume no responsibility for the content of any external websites to which we link or information posted on our Site from such external websites and disclaim liability for any and all forms of loss or damage arising out of the use of such other websites or your reliance upon any information on posted our Site.
- Representations and Warranties
- The Site and App are provided to you on an "AS-IS" and on an "AS AVAILABLE" basis, to be used at your own risk and responsibility. To the maximum extent permitted by applicable law, the Site or App are provided without warranties of any kind, whether expressed or implied, including, but not limited to, implied warranties of non-infringement, merchantability, messages communicated to the users by Stax Digital, security associated with the transmission of sensitive information through the Site, or fitness for a particular purpose. Without limiting the foregoing, we do not warrant that the content provided by us is accurate, reliable or correct; that any defects or errors will be corrected; that the Site or App or any software will be available at any particular time or location, uninterrupted or secure; or that the Site or App or any software is free of viruses, malware or other harmful components. Any content or software developed by us that you downloaded or otherwise obtained through the use of the Site or App is downloaded at your own risk and you will be responsible for any damage to your device or system, or for any loss whatsoever (including loss of data) resulting from such download or use of the Site or App.
- You understand that by using any of the features of the Site, you act at your own risk, and you represent and warrant that your activities are lawful in every jurisdiction where you access or use the Site or the content.
- Stax Digital, its parents, and affiliates, and the directors, officers, employees, and other representatives of each of them, shall not be liable to you for your use of the App or the Site including, without limitation, the content and any errors contained therein. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to the extent such jurisdiction's law is applicable to this agreement.
- Limitation of Liability
- To the maximum extent permitted by law, in no event will Stax Digital or its affiliates, officers, employees, agents, suppliers or licensors be liable for any indirect, special, incidental, punitive, exemplary or consequential (including loss of use, data, business, or profits) damages, regardless of legal theory, whether or not we have been warned of the possibility of such damages, and even if a remedy fails of its essential purpose or any claims, proceedings, liabilities, obligations, damages, losses or costs in any amount arising in relation to the Site or the App or any content or other materials on or accessed through the Site or App, even if we are aware or have been advised of the possibility of such damages.
- Furthermore, due to the fact that the crypto-currencies accrued to your user account may be subject to digital theft, loss, destruction or other issues relating to hackers and technological attacks, as malicious technologic capabilities may develop, Stax Digital and its affiliates are in no way liable for any negative impact on the crypto-currencies mined through the use of the App.
- Stax Digital is not responsible for any damage to any user's computer, hardware, computer software, or other equipment or technology including, without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction. Your access to and use of the Site and the App is at your risk. If you are dissatisfied with the App or the Site or any of the content, your sole and exclusive remedy is to discontinue accessing and using the App or the Site or the content. You recognize and confirm that in the event you incur any damages, losses or injuries that arise out of Stax Digital's acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any website or other property owned or controlled by Stax Digital and/or its parents, subsidiaries, and/or affiliates, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of any Stax Digital application or website or other property or any and all activities or actions related thereto. By accessing the App or Site, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected.
- Notwithstanding anything to the contrary contained herein, to the extent permitted by applicable law our liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to US$100. You further acknowledge that if no fees are paid by you for the Site or App, you shall be limited to injunctive relief only, unless otherwise permitted by law, and shall not be entitled to damages of any kind from us, regardless of the cause of action.
- Certain federal and state laws do not allow the exclusion or limitation of certain damages or limitations on implied warranties. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have additional rights.
- You agree to indemnify and hold us and our affiliates, directors, officers, agents, contractors, partners and employees, harmless from and against any and all third party claims, liabilities, losses, insolvency, including attorney’s fees, arising out of or in connection with your use of the Site or App or the business you conduct in connection with the Site or App, or any violation of yours of these Terms.
- Changes and Modifications
- We may, in our sole discretion, modify or update these Terms from time to time, so you should review this page periodically. When we change the Terms in a material manner, we will update the 'last modified' date at the bottom of this page. Your continued use of the Site or App after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these or any future Terms, do not use or continue to access the Site or App.
- Stax Digital may terminate these Terms at any time and at such time you will be required to delete the App from your computer. You may terminate these Terms at any time by deleting the App from your computer and ceasing your use of the Site and App.
- Any provision that remains executory at the time of termination of these Terms shall survive termination. Without limiting the foregoing, the following provisions will survive termination of these Terms: Sections 2, 3, 4, 5, 6, 7, 8, 9, 10.
- Consent to Electronic Transactions and Disclosures
- By using the Site or App you agree to receive electronically all documents, notices, agreements and forms arising from or related to your use of the Site or App, including any agreement you may enter into with a Company ("Communications"). If, after you receive any tax related Communication electronically from Stax Digital, you would like a paper copy of such Communication sent to you by Stax Digital, you may request a copy within 180 days of the date the Communication was provided to you by contacting us as described below. We will send your paper copy to you by U.S. mail at a cost charged to you for each such communication. In order for us to send you paper copies, you must have a current and complete address on file with Stax Digital.
- Governing Law and Arbitration
- By visiting or using the Site or App, you agree that the laws of the State of Delaware, without regard to any principles of conflict of laws that would require or permit the application of the laws of any other jurisdiction, will govern these Terms. You and Stax Digital agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be exclusively be determined by confidential arbitration in New York before one arbitrator(s). The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
- These Terms and the software End User License Agreement associated with the App constitute the entire and exclusive agreements between you and us with respect to the Site and App, and supersede and replace any other agreements, terms and conditions applicable to the Site and the App.
- The headings in these Terms are for reference only and will not in any way modify or qualify the rights and obligations set forth herein. Where any form of the word “including” appears in these Terms, it will be interpreted as if followed by the phrase “without limitation.”
- Our failure to enforce a provision is not a waiver of our right to do so later. If a provision is found unenforceable the remaining provisions of these Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible.
- You may not assign any of your rights in these Terms, and any such attempt is void, but the Terms may be assigned by us without restriction. Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in these Terms, is void.
- For any questions, comments or business ideas you may contact us at: [email protected]
Last Modified: July 9, 2019