BITHASH LIMITED

MASTER WEBSITE TERMS & CONDITIONS

Website: www.bithash.ae

Company: BitHash Limited, a company duly incorporated and existing under the laws of the United Arab Emirates (“BitHash”, “Company”, “we”, “our”, or “us”).

IMPORTANT NOTICE

PLEASE READ THESE TERMS & CONDITIONS CAREFULLY BEFORE ACCESSING, USING, PURCHASING FROM, OR OTHERWISE ENGAGING WITH THE WEBSITE OR ANY PRODUCTS OR SERVICES OFFERED BY BITHASH LIMITED.

These Master Website Terms & Conditions (“Terms”) constitute a legally binding agreement between BitHash Limited and every visitor, customer, user, purchaser, institution, governmental entity, family office, enterprise, or other person accessing or using the Website or purchasing any products or services from BitHash.

By accessing the Website, creating an account, requesting information, obtaining quotations, placing an order, making payment, signing a Service Order, executing any agreement, or otherwise using any BitHash service, you acknowledge that you have read, understood, and agree to be legally bound by these Terms together with all policies and agreements incorporated by reference.

If you do not agree with these Terms, you must immediately discontinue use of the Website and refrain from purchasing or using any BitHash products or services.

DOCUMENT HIERARCHY

These Terms form the master legal framework governing the use of the Website and BitHash’s commercial activities.

Where applicable, these Terms shall operate together with one or more additional documents, including but not limited to:

Enterprise Hosting Agreement
Enterprise Service Level Agreement (SLA)
ASIC Purchase Agreement
Cloud Hashrate Agreement
AI & High-Performance Computing Infrastructure Agreement
Repair Services Agreement
Privacy Policy
Cookie Policy
Refund & Cancellation Policy
Acceptable Use Policy
AML / KYC Policy
Warranty Policy
Data Processing Addendum
Any Service Order
Any Quotation
Any Invoice
Any Purchase Order accepted by BitHash

Unless expressly stated otherwise, these Terms shall govern the relationship between the Parties.

Where an executed service-specific agreement expressly modifies these Terms, the service-specific agreement shall prevail solely in relation to that specific Product or Service.

TABLE OF CONTENTS

Definitions
Interpretation
Acceptance of Terms
Eligibility
Website Use
Digital Platform Terms
Account Registration
Electronic Communications
Electronic Signatures
Website Availability
Search Engine Indexing
Downloadable Content
Third-Party Websites
Intellectual Property
Products & Services
ASIC Miner Sales
Hosting Services
Cloud Hashrate Services
AI & HPC Infrastructure
Repair Services
Pricing
Payment Terms
Taxes
Electricity Pricing
Refund & Cancellation
Delivery
Title & Risk
Manufacturer Warranties
Export Controls
Service Level Agreement
Planned Maintenance
Emergency Maintenance
Utility Interruptions
Force Majeure
Bitcoin Network Risks
Digital Asset Risk Disclosure
Privacy
Cookies
Acceptable Use
AML / KYC
Digital Asset Compliance
Suspension
Termination
Customer Default
Limitation of Liability
Indemnification
Governing Law
Dispute Resolution
Miscellaneous
Contact Information

DEFINITIONS

Unless the context otherwise requires, the following terms shall have the meanings set out below.

“Account” means any online account created by a Customer to access Products, Services, support portals, monitoring systems, cloud services, or other BitHash platforms.

“Agreement” means these Master Website Terms & Conditions together with all Service Orders, quotations, invoices, schedules, policies, agreements, appendices, annexures, and documents expressly incorporated by reference.

“AI Infrastructure Services” means GPU hosting, AI computing infrastructure, rack colocation, cloud computing, liquid cooling infrastructure, networking, power infrastructure, storage, and related enterprise services supplied by BitHash.

“ASIC Miner” means any application-specific integrated circuit mining device supplied, distributed, sold, repaired, hosted, managed, or otherwise serviced by BitHash.

“BitHash”, “Company”, “we”, “our”, or “us” means BitHash Limited together with its affiliates, subsidiaries, successors, permitted assigns, officers, employees, contractors, and authorized representatives where the context permits.

“Business Day” means any day on which commercial banks are open for business in the United Arab Emirates, excluding official public holidays.

“Cloud Hashrate Services” means services through which Customers purchase computational mining capacity without acquiring ownership of physical mining hardware.

“Confidential Information” includes all commercial, financial, operational, technical, strategic, pricing, engineering, software, infrastructure, security, customer, supplier, marketing, and proprietary information disclosed by either Party.

“Customer” means any individual, corporation, institution, governmental entity, family office, investment vehicle, partnership, association, trust, or other legal person using the Website or purchasing Products or Services.

“Digital Assets” means Bitcoin, cryptocurrencies, stablecoins, blockchain-based tokens, tokenized assets, digital securities (where permitted), and other blockchain-native assets recognized under applicable law.

“Equipment” includes ASIC miners, GPU servers, networking equipment, switches, power supplies, hydro-cooling systems, immersion systems, transformers, containers, racks, electrical infrastructure, and all associated hardware.

“Hosting Services” means any hosting, colocation, operation, monitoring, maintenance, deployment, management, or infrastructure services provided by BitHash.

“Intellectual Property Rights” means all copyrights, trademarks, patents, trade secrets, database rights, software rights, designs, domain names, know-how, confidential information, and any other proprietary rights recognized under applicable law.

“Products” means all hardware, software, infrastructure, digital services, subscriptions, cloud services, consulting services, spare parts, accessories, and other items supplied by BitHash.

“Services” means every service offered by BitHash, including hosting, infrastructure, consulting, cloud hashrate, AI infrastructure, HPC infrastructure, deployment, maintenance, repair, monitoring, and technical support.

“Website” means www.bithash.ae together with all associated portals, customer dashboards, mobile applications, APIs, downloadable resources, and online platforms operated by BitHash.

INTERPRETATION

Unless the context otherwise requires:

Words importing the singular include the plural and vice versa.
References to one gender include every gender.
References to legislation include amendments, re-enactments, and replacement legislation.
References to a person include natural persons, corporations, partnerships, governments, governmental authorities, institutions, trusts, associations, and other legal entities.
Headings are inserted solely for convenience and shall not affect interpretation.
The words “including”, “includes”, and “such as” shall be interpreted as meaning “including without limitation.”
References to writing include electronic communications where legally recognized.
No ambiguity shall be interpreted against BitHash solely because these Terms were drafted by BitHash.
If any conflict exists between these Terms and an executed Service Order, the Service Order shall prevail only to the extent of the specific inconsistency.
If any provision is declared invalid or unenforceable, the remaining provisions shall continue in full force and effect.

ACCEPTANCE OF TERMS

By accessing or using the Website or purchasing any Product or Service, the Customer irrevocably acknowledges and agrees that these Terms constitute a legally binding agreement.

Acceptance occurs upon the earliest of:

(a) accessing the Website;

(b) creating an Account;

(d) submitting a contact form;

(e) communicating with BitHash through email, WhatsApp, telephone, live chat, or other electronic means regarding Products or Services;

(f) placing an order;

(g) making payment;

(h) accepting a quotation;

(i) signing a Service Order or other agreement; or

(j) using any Product or Service supplied by BitHash.

Customers acting on behalf of another legal entity warrant that they possess full authority to bind that entity.

BitHash reserves the right to amend these Terms from time to time. Updated versions shall become effective upon publication on the Website unless otherwise stated and shall apply prospectively.

4. ELIGIBILITY

4.1 Legal Capacity

The Website and all Products and Services offered by BitHash are intended only for persons and entities legally capable of entering into binding contracts under applicable law.

By using the Website or purchasing any Product or Service, the Customer represents and warrants that:

(a) they are at least eighteen (18) years of age, or the age of legal majority in their jurisdiction, whichever is greater;

(b) they possess full legal capacity to enter into legally binding agreements;

(d) all information provided to BitHash is accurate, complete, current, and not misleading;

(e) they are acting in good faith and for lawful purposes; and

(f) they possess all licenses, approvals, authorizations, permits, and governmental consents required to conduct their activities.

4.2 Corporate Customers

Where a Customer acts on behalf of a corporation, institution, government agency, family office, partnership, trust, investment vehicle, or other legal entity, that individual represents and warrants that they possess full authority to legally bind that entity.

BitHash shall be entitled to rely upon such representation without further investigation.

4.3 Restricted Persons

BitHash may refuse access to the Website or decline to provide any Product or Service where the Customer:

(a) is subject to applicable sanctions;

(b) is listed on any governmental restricted-party list;

(d) fails required compliance or verification procedures;

(e) provides inaccurate or misleading information;

(f) resides in, operates from, or requests delivery to jurisdictions prohibited by applicable law or BitHash’s internal compliance policies; or

(g) otherwise presents unacceptable legal, regulatory, financial, operational, or reputational risk.

4.4 No Obligation to Contract

Nothing contained within these Terms obligates BitHash to:

accept any enquiry;
issue any quotation;
approve any Customer;
process any payment;
accept any order;
deliver any Product; or
provide any Service.

BitHash reserves the absolute discretion to decline any commercial relationship where it reasonably considers doing so appropriate.

WEBSITE USE

5.1 Permitted Use

The Website is provided solely for legitimate commercial, informational, educational, and customer support purposes relating to BitHash’s Products and Services.

Customers agree to use the Website responsibly, lawfully, and in accordance with these Terms.

5.2 Prohibited Activities

Users shall not directly or indirectly:

(a) violate any applicable law;

(b) interfere with Website functionality;

(d) gain unauthorized access to BitHash systems;

(e) attempt password attacks or brute-force attacks;

(f) perform denial-of-service attacks;

(g) reverse engineer Website software;

(h) scrape Website content using automated tools;

(i) copy substantial portions of Website content without written permission;

(j) impersonate another individual or organization;

(k) create fraudulent accounts;

(l) upload unlawful or harmful material;

(m) use the Website to transmit spam;

(n) interfere with security controls;

(o) test Website vulnerabilities without authorization;

(p) harvest customer information;

(q) attempt unauthorized data extraction;

(r) misuse APIs or automated interfaces;

(s) circumvent security technologies;

(t) use the Website for cryptocurrency scams;

(u) facilitate sanctions evasion;

(v) distribute counterfeit products;

(w) infringe intellectual property rights;

(x) interfere with another user’s experience; or

(y) engage in any conduct which may reasonably damage BitHash, its customers, suppliers, infrastructure, or reputation.

5.3 Monitoring

BitHash may monitor Website activity for purposes including:

cybersecurity;
fraud prevention;
operational management;
regulatory compliance;
system performance;
service improvement;
legal compliance; and
protection of BitHash’s infrastructure.

Such monitoring may occur automatically or manually to the extent permitted by applicable law.

5.4 Suspension of Website Access

BitHash reserves the right, without prior notice, to suspend, restrict, or permanently terminate Website access where it reasonably believes a user has:

breached these Terms;
compromised Website security;
attempted unauthorized access;
violated applicable law;
disrupted Website operations; or
otherwise engaged in inappropriate or unlawful conduct.

Such suspension shall not limit any other contractual or legal remedies available to BitHash.

5.5 No Unlawful Reliance

Information published on the Website is provided for general commercial and informational purposes only.

Nothing on the Website constitutes:

financial advice;
investment advice;
tax advice;
accounting advice;
engineering certification;
legal advice;
regulatory advice; or
professional advice of any kind.

Customers remain solely responsible for obtaining independent professional advice appropriate to their circumstances.

DIGITAL PLATFORM TERMS

6.1 Online Platform

The Website may provide:

customer dashboards;
miner monitoring portals;
cloud management systems;
hosting portals;
payment portals;
support ticket systems;
API integrations;
live chat;
downloadable documentation;
calculators;
order tracking;
enterprise account management; and
other digital services.

BitHash may modify, upgrade, suspend, replace, or discontinue any digital platform feature at any time without liability where reasonably necessary for operational, commercial, security, or regulatory purposes.

6.2 Online Quotations

All quotations displayed online are provided for informational purposes only.

Unless expressly confirmed in writing by BitHash, no quotation displayed on the Website shall constitute a legally binding offer.

Pricing, availability, technical specifications, shipping estimates, deployment timelines, electricity pricing, hosting capacity, and promotional offers remain subject to confirmation.

6.3 Technical Information

Although BitHash uses commercially reasonable efforts to ensure accuracy, technical specifications published on the Website may change without notice due to manufacturer updates, engineering revisions, software updates, or operational improvements.

Customers remain responsible for independently confirming that Products and Services satisfy their intended requirements before purchase.

6.4 Promotional Material

Marketing materials, advertisements, brochures, newsletters, presentations, social media posts, blog articles, videos, webinars, podcasts, case studies, success stories, illustrations, renders, photographs, graphics, and demonstrations are provided solely for general informational purposes.

Unless expressly incorporated into a signed agreement, such materials shall not create contractual obligations or guarantees.

ACCOUNT REGISTRATION

7.1 Customer Accounts

Certain Products, Services, digital platforms, miner monitoring systems, cloud infrastructure, customer dashboards, and support services may require the creation of a BitHash account (“Account”).

BitHash reserves the right to approve, reject, suspend, or terminate any Account at its sole discretion where permitted by applicable law.

7.2 Registration Information

Customers agree to provide information that is:

accurate;
complete;
current;
truthful; and
capable of verification.

Customers shall promptly update their Account information whenever changes occur.

BitHash shall not be responsible for losses arising from inaccurate, incomplete, outdated, or misleading registration information.

7.3 Verification Requirements

BitHash may require identity verification, corporate verification, beneficial ownership information, proof of address, source of funds documentation, tax information, sanctions screening, blockchain wallet verification, or any other information reasonably required to comply with applicable laws, regulations, or internal compliance procedures.

Failure to provide requested information may result in delayed services, suspension, cancellation of orders, or refusal to establish or continue a business relationship.

7.4 Account Security

Customers are solely responsible for maintaining the confidentiality and security of:

usernames;
passwords;
authentication credentials;
API keys;
multi-factor authentication devices;
access tokens; and
any other security credentials associated with their Account.

Customers shall immediately notify BitHash upon becoming aware of any unauthorized access, suspected compromise, or security incident affecting their Account.

7.5 Unauthorized Activity

BitHash shall not be liable for losses arising from:

(a) compromised passwords;

(b) unauthorized use of customer credentials;

(d) social engineering;

(e) compromised email accounts;

(f) malware affecting customer devices;

(g) customer negligence; or

(h) failure to implement reasonable cybersecurity practices.

Customers remain responsible for all activity occurring under their Account unless prohibited by applicable law.

7.6 Account Suspension

BitHash may suspend or restrict an Account where it reasonably believes that:

security has been compromised;
fraudulent activity has occurred;
compliance concerns exist;
payment obligations remain outstanding;
unlawful conduct is suspected;
these Terms have been breached; or
continued access presents operational, regulatory, financial, or cybersecurity risks.

Suspension may remain in effect until BitHash determines that the relevant concerns have been satisfactorily resolved.

ELECTRONIC COMMUNICATIONS

8.1 Consent

By using the Website or engaging with BitHash, Customers consent to receive communications electronically.

Electronic communications may include:

quotations;
invoices;
receipts;
payment confirmations;
order acknowledgements;
deployment updates;
maintenance notifications;
compliance requests;
service announcements;
legal notices;
technical updates;
support communications;
newsletters (where consent has been provided); and
other operational correspondence.

8.2 Methods of Communication

BitHash may communicate through any reasonable channel, including:

email;
customer portal;
Website notifications;
SMS;
WhatsApp;
telephone;
mobile application notifications;
electronic document platforms; or
any communication method provided by the Customer.

Communication shall be deemed delivered when transmitted using the contact information most recently provided by the Customer.

8.3 Customer Responsibility

Customers are responsible for ensuring that:

contact information remains accurate;
email inboxes are monitored;
spam filters permit BitHash communications;
authorized personnel remain available to receive notices; and
communication channels remain operational.

Failure to receive communications due to outdated contact information shall not invalidate notices properly issued by BitHash.

8.4 Marketing Communications

Where required by applicable law, marketing communications shall only be sent with the Customer’s consent.

Customers may unsubscribe from promotional communications at any time using the methods provided within the communication or by contacting BitHash.

Operational, contractual, security, billing, and legal communications may continue notwithstanding any marketing opt-out.

ELECTRONIC SIGNATURES

9.1 Recognition

To the fullest extent permitted by applicable law, the Parties agree that electronic signatures, digital signatures, electronic approvals, click-through acceptances, and electronically executed agreements shall have the same legal validity and enforceability as handwritten signatures.

9.2 Electronic Acceptance

Without limitation, the following actions may constitute legally binding acceptance where permitted by law:

clicking “Accept”;
clicking “I Agree”;
accepting an online quotation;
digitally signing a document;
replying by email confirming acceptance;
issuing a purchase order;
making payment following receipt of a quotation;
approving a Service Order electronically; or
commencing use of Products or Services following receipt of contractual documentation.

9.3 Electronic Records

Electronic records maintained by BitHash, including server logs, customer portal records, audit logs, transaction histories, digitally signed agreements, email correspondence, and payment confirmations, may be relied upon as evidence of contractual acceptance and commercial activity, subject to applicable evidentiary laws.

9.4 Record Retention

BitHash may retain electronic contractual records, transaction histories, communications, invoices, compliance documentation, and related records for such periods as required by law or reasonably necessary for legal, regulatory, operational, audit, or business purposes.

WEBSITE AVAILABILITY

10.1 General Availability

BitHash uses commercially reasonable efforts to maintain Website availability; however, uninterrupted or error-free access is not guaranteed.

The Website may become unavailable due to:

scheduled maintenance;
emergency maintenance;
cybersecurity incidents;
denial-of-service attacks;
telecommunications failures;
internet outages;
cloud provider interruptions;
software upgrades;
hardware failures;
utility interruptions;
force majeure events; or
circumstances beyond BitHash’s reasonable control.

10.2 Planned Maintenance

BitHash may temporarily suspend Website availability to perform maintenance, upgrades, security enhancements, infrastructure improvements, or operational changes.

Where reasonably practicable, advance notice may be provided; however, BitHash is not obligated to provide notice in every instance.

10.3 Emergency Maintenance

BitHash may immediately suspend all or part of the Website without notice where reasonably necessary to protect:

customer data;
system integrity;
network security;
regulatory compliance;
operational continuity; or
third-party infrastructure.

10.4 No Availability Guarantee

Except where expressly provided under a separately executed Enterprise Service Level Agreement, BitHash does not guarantee any specific Website uptime percentage, uninterrupted availability, response time, page loading speed, or continuous access.

Website availability shall not be construed as an operational Service Level Agreement for hosted infrastructure, data center services, or enterprise hosting solutions.

SEARCH ENGINE INDEXING

BitHash may permit search engines to index publicly available portions of the Website to improve discoverability and user access.

Users shall not manipulate search rankings, metadata, structured data, backlinks, or indexing mechanisms in a manner intended to misrepresent BitHash, interfere with search engine integrity, or damage the Company’s online reputation.

BitHash reserves the right to modify, remove, restrict, or block indexed content at its discretion.

DOWNLOADABLE CONTENT

The Website may provide downloadable documents, brochures, technical specifications, white papers, product catalogues, presentations, software, firmware, drivers, calculators, templates, and other materials.

Unless expressly stated otherwise:

(a) all downloadable content remains the intellectual property of BitHash or its licensors;

(b) downloads are provided for informational or operational purposes only;

(c) Customers shall not reproduce, modify, distribute, publish, sell, sublicense, or commercially exploit downloadable materials without BitHash’s prior written consent; and

(d) Customers are responsible for implementing appropriate antivirus, malware detection, and cybersecurity measures before installing or using downloaded software or files.

BitHash does not warrant that downloadable materials will be compatible with every operating environment or free from third-party software dependencies.

THIRD-PARTY WEBSITES, SERVICES & CONTENT

13.1 Third-Party Links

The Website may contain hyperlinks, integrations, embedded content, application programming interfaces (APIs), widgets, advertisements, or references to third-party websites, platforms, applications, products, or services (“Third-Party Services”).

Such links are provided solely for the convenience of Customers and do not constitute an endorsement, approval, recommendation, partnership, or representation by BitHash unless expressly stated in writing.

13.2 No Responsibility

BitHash does not own, operate, or control Third-Party Services and shall not be responsible for:

(a) their availability or functionality;

(b) their accuracy or completeness;

(d) their privacy practices;

(e) their terms and conditions;

(f) software defects;

(g) malware or cybersecurity incidents;

(h) business interruptions;

(i) pricing or commercial terms;

(j) products or services supplied by third parties; or

(k) any loss or damage arising from the Customer’s use of Third-Party Services.

Customers access Third-Party Services entirely at their own risk.

13.3 Independent Relationships

Any transaction entered into between a Customer and a third party shall constitute a separate agreement exclusively between those parties.

BitHash shall not be liable for any dispute, claim, breach of contract, warranty issue, payment dispute, delay, or other matter arising from such independent relationships.

13.4 Blockchain Networks

Certain BitHash Products and Services may interact with public blockchain networks, mining pools, digital asset exchanges, wallet providers, payment processors, internet service providers, cloud infrastructure providers, hardware manufacturers, logistics providers, and other third-party service providers.

BitHash does not guarantee the availability, performance, uptime, security, or continued operation of any third-party network or service and shall not be liable for interruptions, forks, protocol changes, exchange failures, wallet failures, network congestion, or third-party operational issues beyond its reasonable control.

INTELLECTUAL PROPERTY RIGHTS

14.1 Ownership

The Website and all of its contents are owned by or licensed to BitHash and are protected by applicable intellectual property laws, including copyright, trademark, patent, database, trade secret, and unfair competition laws.

All rights not expressly granted under these Terms are reserved.

14.2 Protected Materials

Without limitation, the following constitute the exclusive intellectual property of BitHash or its licensors:

company name;
logos;
trademarks;
service marks;
trade dress;
branding;
Website design;
software;
source code;
object code;
graphics;
product images;
videos;
photographs;
white papers;
documentation;
technical specifications;
engineering drawings;
infrastructure designs;
presentations;
calculators;
mobile applications;
APIs;
databases;
text;
audio;
podcasts;
marketing materials;
training materials; and
all other proprietary content made available through the Website.

14.3 Limited License

Subject to these Terms, BitHash grants Customers a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Website solely for legitimate internal business purposes relating to BitHash Products and Services.

No ownership rights are transferred under this license.

14.4 Restrictions

Except with BitHash’s prior written consent, Customers shall not:

(a) reproduce Website content;

(b) copy proprietary materials;

(d) commercially exploit any Website material;

(e) reverse engineer software;

(f) modify Website functionality;

(g) remove copyright notices;

(h) create derivative works;

(i) scrape databases;

(j) mirror the Website;

(k) use BitHash trademarks;

(l) register confusingly similar domain names;

(m) use BitHash branding in advertising;

(n) reproduce marketing materials;

(o) train artificial intelligence systems using proprietary BitHash content without authorization; or

(p) otherwise infringe BitHash’s intellectual property rights.

14.5 Customer Feedback

Where Customers voluntarily submit ideas, comments, suggestions, enhancement requests, technical recommendations, feature proposals, or other feedback relating to BitHash’s Products or Services, BitHash may use such feedback without restriction or obligation, unless otherwise agreed in writing.

RESERVATION OF RIGHTS

BitHash expressly reserves all rights not specifically granted under these Terms.

Without limitation, BitHash may at any time:

modify the Website;
introduce new Products or Services;
discontinue existing Products or Services;
revise technical specifications;
amend pricing;
update electricity rates;
modify hosting capacity;
introduce eligibility requirements;
suspend promotional campaigns;
restrict access to specific jurisdictions;
implement new cybersecurity measures;
perform maintenance;
migrate systems;
upgrade infrastructure;
improve software functionality; or
modify operational procedures,

provided such actions are carried out in accordance with applicable law and any binding contractual commitments.

Nothing contained within the Website shall limit BitHash’s right to manage, operate, expand, modify, or discontinue its business operations.

GENERAL WEBSITE DISCLAIMERS

16.1 Informational Purposes

Unless expressly stated otherwise in a written agreement, all information published on the Website is provided solely for general informational purposes.

BitHash does not warrant that any information published on the Website will remain current, complete, accurate, or suitable for every Customer’s individual circumstances.

16.2 No Investment Advice

Nothing contained on the Website constitutes:

investment advice;
financial advice;
securities advice;
portfolio management;
wealth management;
tax advice;
legal advice;
accounting advice;
engineering certification; or
professional consulting services.

Customers should obtain independent professional advice before making financial, commercial, investment, operational, tax, engineering, or legal decisions.

16.3 Cryptocurrency Risk

Digital assets, including Bitcoin and other cryptocurrencies, involve significant risks, including but not limited to:

market volatility;
regulatory uncertainty;
technological changes;
network disruptions;
cybersecurity incidents;
protocol upgrades;
hard forks;
mining difficulty adjustments;
transaction delays;
wallet compromise; and
permanent loss of digital assets.

Customers acknowledge that they assume all risks associated with participation in digital asset markets.

16.4 Technical Information

Hashrate figures, power consumption, efficiency ratings, profitability estimates, deployment timelines, cooling performance, electricity costs, return-on-investment calculations, and performance projections presented on the Website are estimates only unless expressly guaranteed in a signed agreement.

Actual performance may vary due to environmental conditions, firmware revisions, mining difficulty, network conditions, pool performance, electricity quality, operating practices, and manufacturer updates.

16.5 Forward-Looking Statements

The Website may contain projections, expectations, forecasts, plans, objectives, or forward-looking statements regarding future products, services, infrastructure, deployments, technology, markets, or industry developments.

Such statements are based upon assumptions believed to be reasonable at the time of publication but are inherently subject to risks and uncertainties. BitHash undertakes no obligation to update forward-looking statements unless required by applicable law.

16.6 Entire Website Governance

Sections 1 through 16 constitute the complete Website Governance provisions governing access to and use of the Website.

Additional contractual obligations relating to Products and Services are contained in the remaining provisions of these Master Website Terms & Conditions and, where applicable, in separate executed agreements between BitHash and the Customer.

PRODUCTS & SERVICES

17.1 Scope of Business

BitHash Limited is an enterprise digital infrastructure company providing products and services relating to Bitcoin mining, artificial intelligence (AI), high-performance computing (HPC), digital infrastructure, data center solutions, blockchain technologies, and associated technical services.

The Products and Services offered by BitHash may include, without limitation:

(a) ASIC miner sales;

(b) new and refurbished mining equipment;

(d) hydro-cooling and immersion cooling infrastructure;

(e) cloud hashrate products;

(f) AI infrastructure solutions;

(g) GPU hosting;

(h) HPC infrastructure;

(i) modular data centers;

(j) mining containers;

(k) electrical infrastructure;

(l) transformers and switchgear;

(m) deployment and commissioning services;

(n) maintenance and technical support;

(o) repair and refurbishment services;

(p) spare parts and accessories;

(q) infrastructure consulting;

(r) engineering and project management;

(s) monitoring software and management platforms; and

(t) any additional products or services introduced by BitHash from time to time.

17.2 Availability

All Products and Services are subject to:

inventory availability;
hosting capacity;
engineering requirements;
technical feasibility;
export controls;
manufacturer allocations;
shipping availability;
regulatory approvals;
compliance verification; and
written acceptance by BitHash.

Publication of Products or Services on the Website does not guarantee availability.

17.3 Product Specifications

Specifications published by BitHash are based upon information supplied by manufacturers, engineering teams, or internal testing.

Specifications including hashrate, power consumption, efficiency, dimensions, weight, operating temperature, noise levels, cooling performance, and electrical requirements are approximate values unless expressly guaranteed in writing.

Manufacturers may revise specifications without prior notice.

17.4 Enterprise Infrastructure

Unless otherwise agreed, enterprise infrastructure projects including mining farms, AI clusters, HPC deployments, hydro facilities, immersion systems, electrical infrastructure, modular data centers, and containerized solutions are custom-engineered projects.

Project scope, technical specifications, deployment schedules, and commercial terms shall be governed by separate written agreements.

ASIC MINER SALES

18.1 General

BitHash supplies new, refurbished, and pre-owned ASIC mining equipment sourced directly from manufacturers, authorized distributors, strategic partners, or verified secondary markets.

Availability may change without notice.

18.2 Quotations

All quotations are:

non-binding;
subject to availability;
subject to confirmation;
subject to manufacturer allocation;
subject to pricing adjustments;
subject to shipping costs;
subject to taxes;
subject to regulatory compliance; and
valid only for the period expressly stated within the quotation.

A quotation shall not constitute acceptance by BitHash.

18.3 Orders

An order shall only become binding when BitHash issues written acceptance.

BitHash reserves the right to reject, cancel, or modify any order prior to acceptance where reasonably necessary due to inventory shortages, pricing errors, compliance requirements, fraud prevention, export restrictions, or other legitimate commercial reasons.

18.4 Pricing Errors

Despite reasonable efforts, pricing errors may occasionally occur.

Where an obvious pricing error has occurred, BitHash may:

(a) cancel the affected order;

(b) issue a corrected quotation;

(d) offer the Customer the option to proceed at the corrected price.

BitHash shall not be obligated to supply Products at an incorrect price arising from typographical, technical, system, currency conversion, or human error.

18.5 Manufacturer Changes

Customers acknowledge that manufacturers may revise:

firmware;
model numbers;
specifications;
appearance;
components;
packaging;
accessories; or
production methods

without prior notice.

BitHash shall not be liable for such manufacturer-driven changes provided the Product supplied is materially equivalent to the Product ordered.

18.6 Refurbished Equipment

Where Products are identified as refurbished, repaired, pre-owned, or used:

(a) cosmetic wear may exist;

(b) operational hours may vary;

(d) testing procedures may differ from factory testing;

(e) replacement components may have been installed; and

(f) Product appearance may differ from promotional images.

BitHash shall disclose the applicable commercial warranty, if any, at the time of sale.

18.7 Product Acceptance

Customers shall inspect Products promptly upon delivery.

Any claim relating to:

visible shipping damage;
shortages;
incorrect Products;
transit damage; or
packaging discrepancies

must be reported to BitHash in writing within the period specified in the applicable sales agreement or delivery documentation.

Failure to provide timely notice may constitute acceptance of the delivery, subject to any mandatory rights under applicable law.

18.8 Risk and Title

Unless otherwise agreed in writing:

(a) risk of loss passes to the Customer upon delivery to the agreed carrier, collection point, or destination specified in the applicable commercial terms (including any agreed Incoterms®);

(b) legal title to Products shall remain with BitHash until full payment of all amounts due has been received in cleared funds, to the extent permitted by applicable law.

18.9 Export Compliance

Customers are solely responsible for ensuring that the import, export, possession, use, resale, or transfer of purchased Products complies with all applicable laws within the destination jurisdiction.

BitHash may refuse to supply Products where export control laws, sanctions regulations, customs requirements, or other legal restrictions prohibit or materially restrict the proposed transaction.

18.10 No Guaranteed Profitability

BitHash does not guarantee that any ASIC miner will achieve any particular:

mining revenue;
profitability;
return on investment;
payback period;
Bitcoin production;
energy efficiency;
resale value; or
future market performance.

Mining economics depend upon numerous variables outside BitHash’s control, including Bitcoin price, network difficulty, transaction fees, electricity costs, mining pool performance, equipment maintenance, regulatory developments, and market conditions.

Customers acknowledge that purchasing mining equipment involves commercial risk and should not be interpreted as an investment product or financial service.

MINER HOSTING SERVICES

19.1 Scope of Hosting Services

BitHash provides enterprise-grade Bitcoin miner hosting and colocation services through facilities owned, leased, managed, or operated by BitHash or its approved infrastructure partners.

Hosting Services may include, without limitation:

(a) secure rack space and miner placement;

(b) electrical power supply;

(d) air-cooled, hydro-cooled, or immersion-cooled infrastructure;

(e) miner installation and commissioning;

(f) continuous operational monitoring;

(g) preventative maintenance;

(h) basic operational support;

(i) remote reboot services;

(j) firmware deployment where authorized;

(k) environmental monitoring;

(l) electrical distribution management;

(m) infrastructure security; and

(n) other services expressly agreed in writing.

Hosting Services shall be provided in accordance with these Terms, the applicable Service Order, and any executed Enterprise Hosting Agreement or Service Level Agreement (“SLA”).

19.2 Service Commencement

Hosting Services shall commence only after all applicable conditions have been satisfied, including:

(a) execution of required agreements;

(b) completion of compliance and verification procedures;

(d) delivery of Customer Equipment to the designated facility;

(e) successful inspection of Customer Equipment, where applicable;

(f) completion of installation and commissioning; and

(g) confirmation by BitHash that the Equipment is operational.

Estimated deployment dates are targets only and may be affected by logistics, customs clearance, utility availability, infrastructure readiness, manufacturer delays, governmental approvals, force majeure events, or other factors beyond BitHash’s reasonable control.

19.3 Customer Equipment

Unless otherwise agreed in writing, all ASIC miners and related equipment supplied by the Customer shall remain the Customer’s property.

The Customer represents and warrants that:

(a) it has lawful ownership or authority to host the Equipment;

(b) the Equipment complies with applicable laws;

(d) the Equipment is suitable for operation within the hosting environment; and

(e) all information provided regarding the Equipment is accurate.

BitHash reserves the right to reject Equipment that is unsafe, materially damaged, technically incompatible, or otherwise unsuitable for hosting.

19.4 Installation and Commissioning

BitHash shall use commercially reasonable efforts to install and commission Customer Equipment in accordance with accepted industry practices.

Unless otherwise agreed:

(a) installation fees are charged separately;

(b) deployment schedules are estimates;

(d) BitHash may perform reasonable testing before commissioning; and

(e) Equipment shall not be considered operational until successfully connected to the designated mining pool or management platform.

19.5 Power Supply

BitHash shall provide electrical infrastructure reasonably necessary to operate hosted Equipment.

Customers acknowledge that power supply may be affected by:

(a) utility interruptions;

(b) grid instability;

(d) governmental restrictions;

(e) transformer failures;

(f) distribution network failures;

(g) force majeure events;

(h) electrical protection systems; or

(i) other circumstances beyond BitHash’s reasonable control.

Except where expressly provided in an executed SLA, BitHash does not guarantee uninterrupted electrical service.

19.6 Network Connectivity

BitHash shall use commercially reasonable efforts to maintain stable internet connectivity for hosted Equipment.

Temporary interruptions may occur due to:

internet service provider outages;
routing failures;
distributed denial-of-service (DDoS) attacks;
upstream carrier issues;
cybersecurity measures;
maintenance activities;
hardware failures; or
software upgrades.

Such interruptions shall not constitute a breach of these Terms unless otherwise provided in an executed SLA.

19.7 Operational Monitoring

BitHash may monitor hosted Equipment using internal systems, manufacturer software, or approved third-party platforms.

Monitoring may include:

hashrate;
uptime;
power consumption;
temperature;
cooling performance;
network connectivity;
fault notifications;
firmware status;
miner health; and
operational alerts.

Monitoring data is provided for operational purposes and may be subject to temporary inaccuracies, delays, or interruptions.

19.8 Routine Maintenance

BitHash may perform routine maintenance reasonably necessary to maintain safe and reliable facility operations.

Routine maintenance may include:

electrical inspections;
network upgrades;
firmware updates (where authorized);
cooling system servicing;
infrastructure testing;
security improvements; and
preventive maintenance.

Where reasonably practicable, advance notice of planned maintenance shall be provided.

19.9 Customer Responsibilities

The Customer shall:

(a) pay all hosting fees when due;

(b) maintain accurate account information;

(d) promptly respond to operational requests;

(e) maintain appropriate insurance where desired;

(f) comply with applicable laws;

(g) refrain from using hosted Equipment for unlawful purposes;

(h) cooperate with compliance investigations;

(i) provide access credentials where operationally required; and

(j) comply with BitHash’s operational procedures and reasonable technical requirements.

Failure to satisfy these obligations may result in suspension or termination of Hosting Services.

19.10 Customer Access

For security, operational integrity, and regulatory compliance, physical access to hosting facilities may be restricted.

Customer visits shall be subject to:

(a) prior appointment;

(b) identity verification;

(d) health and safety requirements;

(e) confidentiality obligations; and

(f) any additional site-specific rules.

BitHash may deny or postpone access where reasonably necessary to protect personnel, infrastructure, customer equipment, or confidential information.

19.11 Equipment Removal

Upon termination of Hosting Services and settlement of all outstanding amounts, the Customer may request return of its Equipment.

Equipment shall be released only after:

(a) all outstanding invoices have been paid in full;

(b) all contractual obligations have been satisfied;

(d) shipping or collection arrangements have been agreed.

Transportation, customs duties, taxes, insurance, and shipping costs shall be the Customer’s responsibility unless otherwise agreed in writing.

19.12 Abandoned Equipment

Where Customer Equipment remains uncollected for more than ninety (90) days following termination of Hosting Services, despite reasonable written notice from BitHash, the Equipment may be deemed abandoned to the extent permitted by applicable law.

BitHash may recover reasonable storage, transportation, legal, administrative, disposal, or enforcement costs from the Customer before releasing the Equipment.

If the Equipment remains unclaimed after all required notices have been issued and applicable legal requirements have been satisfied, BitHash may exercise any rights available under applicable law or contract, including storage, sale, recycling, or disposal of the Equipment.

19.13 No Guaranteed Mining Performance

BitHash provides infrastructure and operational services only.

Unless expressly stated in a separately executed Service Level Agreement, BitHash does not guarantee:

(a) any minimum hashrate;

(b) mining profitability;

(d) mining pool performance;

(e) block rewards;

(f) transaction fee income;

(g) digital asset prices;

(h) network difficulty;

(i) hardware longevity; or

(j) return on investment.

Mining outcomes depend on numerous external factors beyond BitHash’s control, including blockchain network conditions, global market prices, mining difficulty adjustments, hardware performance, firmware updates, pool efficiency, regulatory developments, and electricity availability.

CLOUD HASHRATE SERVICES

20.1 General

BitHash may offer cloud hashrate products that enable Customers to purchase or lease computational mining capacity without acquiring ownership of physical mining equipment.

Cloud Hashrate Services are subject to separate commercial terms, technical specifications, service durations, pricing schedules, and operational policies.

20.2 Nature of the Service

Unless expressly stated in a written agreement:

(a) Customers do not own any ASIC miner, server, rack, or infrastructure used to provide Cloud Hashrate Services;

(b) BitHash retains ownership and operational control of all underlying infrastructure;

(c) Customers acquire only the contractual right to receive the agreed computational mining capacity during the applicable service term; and

(d) Cloud Hashrate Services do not create any ownership interest in BitHash’s facilities or equipment.

20.3 Service Availability

Cloud Hashrate availability depends upon:

infrastructure capacity;
hardware availability;
network performance;
maintenance schedules;
regulatory requirements;
commercial demand; and
operational considerations.

BitHash reserves the right to limit or discontinue Cloud Hashrate offerings at any time, subject to existing contractual commitments.

20.4 Mining Rewards

Mining rewards generated through Cloud Hashrate Services shall be calculated in accordance with the applicable Service Order or Cloud Hashrate Agreement.

Unless otherwise agreed in writing, any displayed earnings, profitability estimates, calculators, or projections are illustrative only and do not constitute guarantees.

20.5 Service Interruptions

Cloud Hashrate Services may be temporarily affected by:

(a) scheduled maintenance;

(b) emergency maintenance;

(d) blockchain network congestion;

(e) hardware replacement;

(f) firmware updates;

(g) cybersecurity incidents;

(h) utility interruptions;

(i) force majeure events; or

(j) other circumstances beyond BitHash’s reasonable control.

Reasonable efforts shall be made to restore services promptly.

20.6 No Investment Product

Cloud Hashrate Services are technology infrastructure services and are not intended to constitute:

securities;
collective investment schemes;
managed investment products;
financial instruments;
banking products; or
investment advisory services.

Customers acknowledge that participation involves commercial and technological risks.

ARTIFICIAL INTELLIGENCE (AI) & HIGH-PERFORMANCE COMPUTING (HPC) INFRASTRUCTURE

21.1 Scope of Services

BitHash may provide AI and HPC infrastructure solutions, including:

(a) GPU hosting;

(b) GPU server colocation;

(d) liquid-cooled AI clusters;

(e) high-density computing environments;

(f) networking infrastructure;

(g) storage systems;

(h) power distribution;

(i) modular AI data centers;

(j) edge computing infrastructure;

(k) managed infrastructure services; and

(l) enterprise consulting.

21.2 Customer Workloads

Customers remain solely responsible for:

applications deployed;
software configuration;
operating systems;
artificial intelligence models;
machine learning workloads;
datasets;
inference operations;
training activities;
software licensing;
cybersecurity; and
compliance with applicable laws.

BitHash provides infrastructure only unless expressly agreed otherwise.

21.3 Acceptable Use

Customers shall not use AI or HPC infrastructure for any unlawful purpose, including:

(a) unauthorized cyber activities;

(b) malware development;

(d) denial-of-service attacks;

(e) sanctions evasion;

(f) illegal surveillance;

(g) unlawful processing of personal data;

(h) intellectual property infringement; or

(i) any activity prohibited by applicable law.

BitHash reserves the right to suspend services where it reasonably believes prohibited activities are occurring.

21.4 Infrastructure Availability

Except where expressly provided in an executed Service Level Agreement, BitHash does not guarantee uninterrupted availability of AI or HPC infrastructure.

Scheduled maintenance, emergency maintenance, software updates, hardware replacement, security measures, or utility interruptions may temporarily affect service availability.

21.5 Customer Data

Unless BitHash expressly agrees to provide managed data services, Customers retain sole responsibility for:

backing up data;
disaster recovery planning;
data retention;
encryption;
access management;
regulatory compliance; and
business continuity.

BitHash is not responsible for data loss arising from Customer actions, software failures, cyber incidents beyond BitHash’s reasonable control, or circumstances excluded under these Terms.

REPAIR, MAINTENANCE & TECHNICAL SERVICES

22.1 Scope

BitHash may provide repair, refurbishment, diagnostics, preventive maintenance, firmware services, and technical support for eligible equipment.

Repair services may be performed by BitHash personnel, authorized service partners, or manufacturer-approved repair facilities.

22.2 Inspection

Upon receipt of equipment for repair, BitHash may perform an initial inspection to determine:

(a) reported faults;

(b) physical condition;

(d) electrical damage;

(e) unauthorized modifications;

(f) missing components;

(g) warranty status; and

(h) estimated repair requirements.

Any quotation provided following inspection shall remain subject to Customer approval unless otherwise agreed.

22.3 No Repair Guarantee

BitHash does not guarantee that all equipment can be repaired.

Certain failures, including severe electrical damage, fire damage, corrosion, liquid damage, catastrophic component failure, or obsolete hardware, may render repair commercially or technically impracticable.

Where repair is not feasible, BitHash shall notify the Customer and discuss available options.

22.4 Replacement Components

Repairs may involve the use of:

new components;
refurbished components;
remanufactured components; or
manufacturer-approved equivalent components,

depending on availability and the agreed repair scope.

Unless otherwise agreed, replacement components need not be identical in appearance provided they are functionally equivalent.

22.5 Customer Authorization

BitHash may require written approval before undertaking repairs exceeding the original quotation or where additional defects are discovered during the repair process.

Failure to respond within a reasonable period may delay completion or result in return of the unrepaired equipment.

22.6 Repair Warranty

Where BitHash provides a repair warranty, its scope, duration, and exclusions shall be specified in writing.

Unless expressly stated otherwise, a repair warranty applies only to the specific repair performed and does not constitute a warranty for the entire device.

Damage resulting from misuse, improper installation, electrical instability, unauthorized modifications, environmental conditions, or third-party repairs shall not be covered.

22.7 Technical Support

BitHash may provide technical assistance relating to Products and Services through email, telephone, online support portals, remote access tools, or other communication channels.

Technical support shall be provided on a commercially reasonable basis and may be subject to:

support hours;
service plans;
response targets;
maintenance windows;
staffing availability; and
separate support agreements.

Nothing in these Terms guarantees a specific response time or resolution time unless expressly provided in an executed Service Level Agreement.

22.8 Customer Cooperation

Customers shall provide all information reasonably required for diagnostics and support, including relevant technical details, error logs, firmware versions, configuration information, photographs, and operating conditions.

BitHash shall not be responsible for delays resulting from incomplete, inaccurate, or unavailable information supplied by the Customer.

PRICING

23.1 General Pricing

All prices published by BitHash, whether on the Website, in quotations, proposals, invoices, marketing materials, or other communications, are subject to change without prior notice unless expressly fixed in a signed agreement.

Published pricing does not constitute a legally binding offer and shall remain subject to written confirmation by BitHash.

23.2 Price Validity

Unless otherwise stated in writing, quotations shall remain valid only for the period specified within the quotation.

Upon expiry, BitHash may revise pricing to reflect changes in:

(a) manufacturer pricing;

(b) foreign exchange rates;

(d) insurance costs;

(e) import duties;

(f) electricity prices;

(g) commodity prices;

(h) infrastructure costs;

(i) governmental charges; or

(j) other commercial factors beyond BitHash’s reasonable control.

23.3 Currency

Unless expressly agreed otherwise, all prices are quoted in United States Dollars (USD).

Where prices are displayed in another currency, such pricing is provided for convenience only and may be converted using exchange rates determined by BitHash or its payment providers.

Customers are responsible for any currency conversion costs, bank charges, intermediary fees, or foreign exchange fluctuations.

23.4 Price Adjustments

BitHash reserves the right to adjust pricing prior to acceptance of an order where changes occur in market conditions, manufacturer pricing, freight costs, taxes, tariffs, utility costs, regulatory requirements, or other material cost components.

Following acceptance of an order, pricing may only be adjusted where expressly permitted by the applicable agreement or where required by applicable law.

23.5 Promotional Pricing

Promotional pricing, discounts, rebates, bundle offers, introductory pricing, seasonal campaigns, or limited-time offers:

(a) are valid only for the stated promotional period;

(b) may be withdrawn or modified at any time before acceptance;

(d) have no cash value unless expressly agreed.

PAYMENT TERMS

24.1 Payment Obligations

Customers shall pay all invoices in full, without deduction, set-off, counterclaim, withholding, or delay, unless required by applicable law or expressly agreed in writing.

Payment obligations are absolute and are not contingent upon mining profitability, cryptocurrency market conditions, blockchain performance, or Customer business outcomes.

24.2 Accepted Payment Methods

BitHash may accept payment by:

bank transfer;
credit card;
debit card;
approved payment processors;
Bitcoin (BTC);
USDT or other approved digital assets;
letters of credit;
escrow arrangements approved by BitHash; or
other payment methods designated by BitHash.

Acceptance of any payment method remains at BitHash’s discretion.

24.3 Payment Due Dates

Unless otherwise agreed in writing:

(a) product orders are payable in accordance with the applicable quotation or invoice;

(b) hosting services shall be billed in advance for the applicable billing period;

(d) project milestone payments shall become due upon achievement of the relevant contractual milestone; and

(e) late payment shall constitute a material breach of these Terms.

24.4 Late Payments

If payment is not received by the due date, BitHash may, to the extent permitted by applicable law:

(a) suspend Products or Services;

(b) suspend hosting operations;

(d) withhold shipments;

(e) delay deployment;

(f) suspend technical support;

(g) recover reasonable collection costs;

(h) require advance payment for future transactions; and

(i) exercise any contractual or legal remedies available.

Any contractual late payment interest shall apply only where expressly agreed in writing and to the extent permitted by applicable law.

24.5 Allocation of Payments

Unless otherwise instructed by the Customer and accepted by BitHash, payments received may be applied in the following order:

collection costs;
accrued interest (if applicable);
overdue invoices;
current invoices; and
future obligations or account credits.

24.6 Payment Verification

BitHash may delay shipment, deployment, activation, or release of Products or Services until payment has been verified and cleared through the applicable financial institution or blockchain network.

Digital asset payments shall not be deemed received until the required number of blockchain confirmations has been obtained.

24.7 Chargebacks and Payment Reversals

Customers shall not initiate unjustified chargebacks, payment reversals, or payment disputes after Products have been shipped or Services have commenced.

Where a payment is reversed without legal justification, BitHash reserves the right to suspend services, recover outstanding amounts, and pursue all available contractual and legal remedies.

TAXES

25.1 Taxes Generally

Unless expressly stated otherwise, all prices are exclusive of:

value added tax (VAT);
goods and services tax (GST);
sales tax;
withholding tax;
customs duties;
import taxes;
export duties;
excise taxes;
governmental levies; and
other applicable taxes or charges.

Customers remain responsible for all taxes arising from their purchase, importation, ownership, operation, or use of Products and Services, except taxes imposed on BitHash’s net income.

25.2 VAT

Where VAT is applicable under the laws of the United Arab Emirates or any other jurisdiction, VAT shall be charged at the prevailing statutory rate.

Customers shall provide valid tax registration information where applicable.

25.3 Withholding Taxes

Where applicable law requires the Customer to withhold taxes from payments due to BitHash, the Customer shall:

(a) notify BitHash promptly;

(b) provide official withholding certificates; and

ELECTRICITY CHARGES

26.1 Hosting Electricity Rates

Electricity pricing for hosted Equipment shall be determined by the applicable Hosting Agreement, Service Order, quotation, or invoice.

Published electricity rates are subject to the agreed commercial terms and are not guaranteed for future service periods unless expressly fixed in writing.

26.2 Consumption Measurement

Electricity charges may be calculated using one or more of the following:

(a) metered consumption;

(b) manufacturer specifications;

(d) monitored power usage;

(e) contracted capacity; or

(f) other commercially reasonable measurement methods.

BitHash shall determine the applicable methodology in accordance with the relevant service arrangement.

26.3 Utility Price Changes

Where utility providers, governmental authorities, regulators, or infrastructure operators materially increase electricity or energy-related costs, BitHash may adjust electricity charges in accordance with the applicable Hosting Agreement or Service Order.

Where notice is contractually required, BitHash shall provide reasonable advance notice of such adjustments.

26.4 Curtailment

Customers acknowledge that electricity supply may occasionally be reduced or interrupted due to:

utility curtailment;
grid stabilization measures;
governmental directives;
emergency conditions;
force majeure events; or
infrastructure maintenance.

Such events shall be governed by the applicable Hosting Agreement and Service Level Agreement.

SECURITY DEPOSITS

27.1 Deposit Requirement

BitHash may require security deposits, advance payments, reservation fees, infrastructure deposits, electricity deposits, customs deposits, or project mobilization payments before accepting or performing certain Products or Services.

The amount, purpose, and conditions of any deposit shall be specified in the applicable quotation, Service Order, or agreement.

27.2 Application of Deposits

Unless otherwise agreed in writing, deposits may be applied toward:

(a) final purchase price;

(b) hosting fees;

(d) infrastructure costs;

(e) outstanding invoices; or

(f) damages or losses recoverable under the applicable agreement.

27.3 Refundability

Deposits shall be refundable only where expressly stated in writing or where required by applicable law.

Where a deposit is designated as non-refundable, the Customer acknowledges that such designation reflects BitHash’s commitment of inventory, infrastructure capacity, engineering resources, procurement costs, or other commercial expenditures.

27.4 Set-Off

To the extent permitted by applicable law and any applicable agreement, BitHash may apply any refundable deposit against unpaid amounts owed by the Customer before returning the remaining balance, if any.

28.1 General Policy

Unless otherwise expressly agreed in writing or required by applicable law, all sales of Products and Services are final once accepted by BitHash.

Refunds, cancellations, exchanges, or credits shall be governed by these Terms together with any applicable Service Order, quotation, Enterprise Agreement, or separate Refund Policy.

28.2 ASIC Miner Orders

Due to the volatile nature of digital asset markets, manufacturer allocation constraints, and rapid price fluctuations, ASIC miner orders may not be cancelled after BitHash has:

(a) accepted the Customer’s order;

(b) issued a purchase order to the manufacturer or supplier;

(d) commenced procurement;

(e) dispatched the Product; or

(f) incurred non-recoverable commercial costs.

Where cancellation is approved by BitHash, administrative charges, supplier cancellation fees, banking costs, exchange losses, shipping costs, and other reasonable expenses may be deducted from any refund.

28.3 Custom Infrastructure Projects

Payments relating to custom-built infrastructure, modular data centers, mining containers, AI clusters, HPC deployments, electrical systems, engineering services, or bespoke solutions are generally non-refundable after engineering, procurement, fabrication, or manufacturing has commenced unless otherwise agreed in writing.

28.4 Hosting Services

Hosting fees paid for completed billing periods are non-refundable except where:

(a) expressly provided in an executed Hosting Agreement;

(b) service credits are payable under an applicable SLA; or

Termination of Hosting Services shall not entitle the Customer to reimbursement for unused service periods unless expressly stated in writing.

28.5 Cloud Hashrate Services

Cloud Hashrate purchases are non-refundable once computational capacity has been allocated or the applicable service term has commenced, except where required by applicable law or expressly provided in the applicable Cloud Hashrate Agreement.

28.6 Refund Processing

Approved refunds shall be processed using the original payment method where reasonably practicable.

BitHash may deduct:

bank charges;
payment processor fees;
blockchain transaction fees;
currency conversion costs;
governmental charges;
customs expenses;
supplier cancellation costs; and
other reasonable costs directly attributable to the transaction.

Refund processing times may vary depending upon banking systems, payment providers, blockchain confirmation times, regulatory requirements, and financial institution procedures.

DELIVERY & SHIPPING

29.1 Delivery Estimates

Delivery dates provided by BitHash are estimates only unless expressly guaranteed in writing.

Delivery may be affected by:

manufacturer production schedules;
inventory availability;
export licensing;
customs clearance;
freight carrier delays;
weather conditions;
governmental inspections;
port congestion;
geopolitical events;
force majeure events; or
other circumstances beyond BitHash’s reasonable control.

BitHash shall not be liable for reasonable delivery delays arising from such circumstances.

29.2 Shipping

Unless otherwise agreed in writing:

(a) shipping methods shall be selected by BitHash or its nominated logistics provider;

(b) shipping costs shall be borne by the Customer;

(d) risk shall pass in accordance with the applicable Incoterms® or the agreed contractual delivery terms.

29.3 Customs & Importation

Customers are solely responsible for:

customs clearance;
import permits;
import duties;
taxes;
governmental approvals;
local certifications; and
compliance with destination-country laws.

BitHash shall not be responsible for delays arising from customs authorities or governmental agencies.

29.4 Inspection Upon Delivery

Customers shall inspect delivered Products promptly upon receipt.

Visible shortages, transit damage, incorrect deliveries, or packaging discrepancies should be reported in writing within the inspection period specified in the applicable agreement or shipping documentation.

Failure to notify BitHash within the applicable period may constitute acceptance of the shipment, subject to mandatory rights under applicable law.

TITLE & RISK

30.1 Transfer of Risk

Unless otherwise expressly agreed in writing, risk of loss or damage shall transfer to the Customer in accordance with the applicable Incoterms® or, where Incoterms® are not specified, upon delivery of the Products to the agreed carrier, collection point, or delivery location.

30.2 Retention of Title

To the maximum extent permitted by applicable law, legal title to Products shall remain vested in BitHash until all amounts payable under the relevant agreement have been received in full and in cleared funds.

Until title transfers, the Customer shall:

(a) protect the Products from damage;

(b) not create security interests over the Products without BitHash’s written consent;

(d) cooperate with BitHash in protecting its ownership rights.

30.3 Digital Services

Title provisions do not apply to cloud services, hosting services, software licenses, subscriptions, or other non-tangible services, which are provided under contractual rights only.

MANUFACTURER & COMMERCIAL WARRANTIES

31.1 Manufacturer Warranties

Where Products include a manufacturer warranty, such warranty is provided solely by the manufacturer unless BitHash expressly agrees in writing to provide additional warranty coverage.

Customers shall comply with all manufacturer warranty conditions, including installation, operating, maintenance, firmware, and environmental requirements.

31.2 Commercial Warranty

Any commercial warranty provided directly by BitHash shall:

(a) apply only for the stated warranty period;

(b) apply only to the Products expressly identified;

(d) constitute the Customer’s exclusive contractual warranty remedy unless otherwise required by applicable law.

31.3 Warranty Exclusions

Unless prohibited by law, warranties shall not apply to defects arising from:

misuse;
improper installation;
unauthorized repairs;
unauthorized firmware;
accidents;
electrical instability;
fire;
flooding;
corrosion;
excessive dust;
improper cooling;
environmental conditions outside manufacturer specifications;
negligence;
transportation damage after risk has transferred; or
force majeure events.

31.4 Warranty Claims

Customers shall promptly notify BitHash of suspected warranty issues and cooperate with reasonable diagnostic procedures.

BitHash may require:

photographs;
diagnostic reports;
serial numbers;
proof of purchase;
return authorization;
manufacturer inspection; or
additional supporting documentation.

Unauthorized returns may be refused.

31.5 Disclaimer

Except for warranties expressly provided in writing or those that cannot lawfully be excluded, BitHash disclaims all other warranties, whether express, implied, statutory, or otherwise, including implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, and uninterrupted operation.

EXPORT CONTROLS & SANCTIONS COMPLIANCE

32.1 Compliance

Customers shall comply with all applicable export control laws, sanctions regulations, customs requirements, trade restrictions, and import/export legislation applicable to the Products and Services.

BitHash may refuse any transaction that it reasonably believes could violate applicable law.

32.2 Restricted Jurisdictions

BitHash may decline to sell, export, re-export, transfer, support, or host Products or Services where doing so would violate applicable sanctions, export control regulations, or internal compliance policies.

32.3 End-Use Restrictions

Customers represent and warrant that Products and Services shall not be used:

(a) for unlawful purposes;

(b) in violation of export controls;

(d) by restricted parties; or

(e) in any manner prohibited under applicable law.

32.4 Compliance Verification

BitHash may conduct compliance reviews before or after accepting an order, including:

customer due diligence;
beneficial ownership verification;
sanctions screening;
politically exposed person (PEP) screening;
blockchain analytics;
source-of-funds reviews;
export licensing checks; and
end-user verification.

Failure to satisfactorily complete compliance procedures may result in suspension, cancellation, or refusal of Products or Services without liability, except for any refund obligations required by applicable law or expressly agreed in writing.

SERVICE LEVEL AGREEMENT (SLA)

33.1 General

Unless otherwise expressly agreed in a separately executed Enterprise Service Level Agreement (“Enterprise SLA”), the operational commitments contained in this Section represent BitHash’s general service objectives and do not constitute guaranteed service levels.

Where an executed Enterprise SLA exists, that agreement shall prevail in relation to the applicable Products or Services.

33.2 Operational Standards

BitHash shall use commercially reasonable efforts to operate its infrastructure in accordance with accepted industry practices for enterprise digital infrastructure, including:

(a) secure facility management;

(b) electrical infrastructure management;

(d) network management;

(e) environmental monitoring;

(f) infrastructure maintenance;

(g) operational monitoring; and

(h) cybersecurity management.

Operational standards shall be applied using commercially reasonable skill and care but shall not constitute guarantees of uninterrupted operation.

33.3 Service Objectives

Unless otherwise agreed in writing, BitHash’s operational objectives may include:

maintaining infrastructure reliability;
minimizing operational interruptions;
responding to infrastructure incidents within commercially reasonable timeframes;
maintaining physical security controls;
protecting customer infrastructure;
providing operational visibility where applicable; and
continuously improving operational performance.

These objectives are targets only and shall not create independent contractual warranties.

33.4 Service Credits

Where an executed Enterprise SLA provides for service credits, such credits shall constitute the Customer’s exclusive contractual remedy for qualifying service-level failures.

Service credits:

(a) shall not constitute penalties;

(b) shall not be cumulative unless expressly agreed;

(d) may only be applied in accordance with the applicable SLA; and

(e) shall not apply where exclusions under the SLA are triggered.

33.5 SLA Exclusions

Unless expressly stated otherwise in an Enterprise SLA, service levels shall exclude interruptions resulting from:

planned maintenance;
emergency maintenance;
Customer Equipment failures;
manufacturer defects;
Customer configuration errors;
mining pool failures;
blockchain network events;
utility outages;
telecommunications failures;
internet service provider interruptions;
governmental directives;
force majeure events;
cyberattacks directed at third-party infrastructure; or
circumstances beyond BitHash’s reasonable control.

PLANNED MAINTENANCE

34.1 Scheduled Maintenance

BitHash may perform planned maintenance necessary to ensure the safety, security, stability, efficiency, or continued operation of its facilities and infrastructure.

Such maintenance may include:

(a) electrical servicing;

(b) transformer maintenance;

(d) switchgear inspections;

(e) network upgrades;

(f) firmware updates;

(g) software deployment;

(h) cybersecurity enhancements;

(i) environmental testing; and

(j) infrastructure expansion.

34.2 Notification

Where reasonably practicable, BitHash shall provide advance notice of planned maintenance through appropriate communication channels.

Failure to provide advance notice due to operational necessity shall not constitute a breach of these Terms.

34.3 Operational Impact

During planned maintenance, Products or Services may experience temporary interruption, reduced performance, restricted access, or temporary suspension.

BitHash shall use commercially reasonable efforts to minimize operational disruption.

EMERGENCY MAINTENANCE

35.1 Emergency Action

BitHash may immediately suspend, restrict, isolate, or shut down any Product, Service, infrastructure component, or facility where reasonably necessary to protect:

(a) life or safety;

(b) property;

(d) network security;

(e) Customer Equipment;

(f) BitHash infrastructure;

(g) regulatory compliance; or

(h) operational continuity.

Emergency maintenance may be undertaken without prior notice.

35.2 Examples

Emergency maintenance may arise from:

electrical faults;
transformer failures;
fire protection activation;
water ingress;
cooling failures;
cybersecurity incidents;
malware outbreaks;
utility emergencies;
environmental hazards;
governmental orders;
natural disasters; or
critical infrastructure failures.

35.3 Restoration

Following emergency maintenance, BitHash shall use commercially reasonable efforts to restore affected Products and Services as soon as reasonably practicable, taking into account safety, regulatory, engineering, and operational requirements.

UTILITY INTERRUPTIONS

36.1 Utility Providers

Customers acknowledge that electrical power, water supply, telecommunications, internet connectivity, and other utilities may be supplied by independent third-party utility providers.

BitHash does not control such providers and cannot guarantee uninterrupted utility services.

36.2 Utility Events

Utility interruptions may result from:

(a) grid failures;

(b) load shedding;

(d) transformer replacement;

(e) cable failures;

(f) governmental infrastructure works;

(g) distribution network failures;

(h) emergency shutdowns;

(i) fuel shortages; or

(j) utility provider operational decisions.

BitHash shall not be liable for interruptions directly caused by such events, except to the extent expressly provided in an executed Enterprise SLA or required by applicable law.

36.3 Mitigation

Where commercially reasonable, BitHash may implement mitigation measures including backup systems, redundant infrastructure, phased restoration, temporary rerouting, or other operational responses.

Nothing in these Terms obligates BitHash to provide redundant utility infrastructure unless expressly agreed in writing.

FORCE MAJEURE

37.1 Definition

Neither Party shall be liable for any failure or delay in performing its obligations where such failure or delay results from a Force Majeure Event beyond its reasonable control.

Force Majeure Events include, without limitation:

(a) acts of God;

(b) natural disasters;

(d) earthquakes;

(e) storms;

(f) epidemics or pandemics;

(g) war;

(h) terrorism;

(i) civil unrest;

(j) labor disputes;

(k) governmental actions;

(l) sanctions;

(m) utility failures;

(n) internet failures;

(o) cyberattacks of exceptional scale;

(p) supply chain disruptions;

(q) manufacturer shutdowns;

(r) transportation disruptions;

(s) customs delays; and

(t) any comparable event beyond the affected Party’s reasonable control.

37.2 Consequences

The affected Party shall:

notify the other Party as soon as reasonably practicable;
use commercially reasonable efforts to mitigate the effects of the Force Majeure Event; and
resume performance when reasonably possible.

Performance obligations affected by the Force Majeure Event shall be suspended only for the duration of the event and any reasonable recovery period.

37.3 Extended Force Majeure

Where a Force Majeure Event continues for an extended period materially preventing performance, either Party may exercise any termination rights expressly provided under the applicable agreement or applicable law.

Termination shall not affect rights or obligations accrued before the Force Majeure Event.

BITCOIN NETWORK & DIGITAL ASSET RISKS

38.1 Customer Acknowledgement

The Customer acknowledges that Products and Services involving Bitcoin, blockchain networks, mining infrastructure, or digital assets inherently involve technological, commercial, operational, and regulatory risks.

BitHash does not control or guarantee the performance of any public blockchain network.

38.2 Network Risks

Without limitation, Customers acknowledge risks including:

blockchain congestion;
mining difficulty adjustments;
hash rate fluctuations;
protocol upgrades;
soft forks;
hard forks;
orphaned blocks;
transaction fee volatility;
block reward changes;
software vulnerabilities;
consensus failures;
wallet compromise;
mining pool failures;
exchange insolvency;
stablecoin de-pegging;
market volatility;
regulatory changes; and
taxation changes.

38.3 No Guarantee

BitHash does not guarantee:

(a) mining profitability;

(b) Bitcoin price appreciation;

(d) transaction confirmation times;

(e) wallet compatibility;

(f) exchange availability;

(g) regulatory treatment of digital assets; or

(h) future commercial viability of blockchain technologies.

Customers assume all commercial risks associated with digital asset activities.

PRIVACY & DATA PROTECTION

39.1 Commitment to Privacy

BitHash is committed to protecting the privacy, confidentiality, integrity, and security of personal information entrusted to it by Customers, business partners, suppliers, employees, and Website users.

Personal data shall be collected, processed, stored, transferred, retained, and deleted in accordance with applicable data protection laws and BitHash’s Privacy Policy.

39.2 Information Collected

BitHash may collect and process information including:

(a) identity information;

(b) contact details;

(d) billing information;

(e) payment information;

(f) wallet addresses;

(g) transaction records;

(h) technical device information;

(i) IP addresses;

(j) browser information;

(k) operating system information;

(l) Website usage analytics;

(m) customer support records;

(n) miner monitoring information;

(o) compliance documentation; and

(p) any other information voluntarily provided by the Customer.

39.3 Purpose of Processing

Personal information may be processed for purposes including:

providing Products and Services;
account administration;
payment processing;
fraud prevention;
cybersecurity;
AML/KYC compliance;
sanctions screening;
customer support;
infrastructure monitoring;
service improvement;
legal compliance;
dispute resolution;
marketing (where consent has been obtained where required); and
legitimate business operations.

39.4 International Transfers

Customers acknowledge that personal information may be processed or transferred to jurisdictions outside their country of residence where necessary for:

cloud hosting;
payment processing;
manufacturer warranty services;
logistics;
compliance verification;
technical support;
enterprise infrastructure; or
other legitimate operational purposes.

BitHash shall implement appropriate safeguards where required by applicable law.

39.5 Data Security

BitHash maintains commercially reasonable administrative, technical, and physical safeguards designed to protect personal information against unauthorized access, disclosure, alteration, or destruction.

No system connected to the internet can be guaranteed to be completely secure, and BitHash does not warrant absolute security.

39.6 Data Retention

BitHash may retain personal information for as long as reasonably necessary to:

provide Products or Services;
comply with legal obligations;
satisfy accounting requirements;
resolve disputes;
enforce contractual rights;
meet regulatory obligations; or
protect legitimate business interests.

Upon expiry of the applicable retention period, information may be securely deleted, anonymized, or archived in accordance with applicable law.

COOKIE POLICY

40.1 Use of Cookies

The Website may use cookies, web beacons, pixels, local storage technologies, software development kits (SDKs), and similar technologies to improve functionality, security, analytics, and user experience.

40.2 Types of Cookies

BitHash may use:

(a) essential cookies;

(b) functionality cookies;

(d) analytics cookies;

(e) security cookies;

(f) session cookies;

(g) persistent cookies;

(h) preference cookies;

(i) marketing cookies, where permitted; and

(j) third-party cookies provided by trusted service providers.

40.3 Third-Party Analytics

BitHash may use trusted third-party services to analyze Website performance, improve functionality, measure engagement, detect security threats, and support marketing activities.

Such providers may process information in accordance with their own privacy policies.

40.4 Cookie Preferences

Where required by applicable law, Customers may manage cookie preferences through the Website’s consent management tools or through their browser settings.

Disabling certain cookies may affect Website functionality.

ACCEPTABLE USE

41.1 General

Customers shall use all Products, Services, infrastructure, software, Websites, APIs, cloud platforms, AI infrastructure, hosting services, and digital resources only for lawful purposes.

41.2 Prohibited Activities

Customers shall not use BitHash Products or Services to:

(a) violate any applicable law;

(b) engage in fraud;

(d) finance terrorism;

(e) evade sanctions;

(f) distribute malware;

(g) conduct unauthorized penetration testing;

(h) launch denial-of-service attacks;

(i) interfere with blockchain networks;

(j) distribute illegal content;

(k) infringe intellectual property rights;

(l) conduct phishing activities;

(m) impersonate another person;

(n) compromise cybersecurity;

(o) interfere with BitHash infrastructure;

(p) interfere with another customer’s systems;

(q) distribute spam;

(r) exploit software vulnerabilities;

(s) access systems without authorization;

(t) conduct cryptocurrency scams;

(u) manipulate digital asset markets in violation of applicable law; or

(v) engage in any activity that may reasonably expose BitHash to legal, regulatory, financial, cybersecurity, or reputational risk.

41.3 Enforcement

Where BitHash reasonably believes prohibited conduct has occurred, it may:

suspend services;
restrict access;
isolate infrastructure;
preserve evidence;
report unlawful conduct to competent authorities;
terminate agreements;
refuse future business; and
pursue any contractual or legal remedies available.

Such actions shall be taken in accordance with applicable law and any mandatory legal obligations.

AML / KYC & DIGITAL ASSET COMPLIANCE

42.1 Compliance Commitment

BitHash is committed to complying with applicable anti-money laundering (AML), counter-terrorist financing (CTF), sanctions, export control, and financial crime prevention laws.

Customers agree to cooperate fully with BitHash’s compliance procedures.

42.2 Customer Due Diligence

BitHash may require Customers to provide information including:

(a) government-issued identification;

(b) proof of address;

(d) beneficial ownership information;

(e) source of funds documentation;

(f) source of wealth information;

(g) tax information;

(h) business activity information;

(i) wallet addresses;

(j) transaction documentation; and

(k) any additional information reasonably required to comply with applicable laws or internal compliance procedures.

42.3 Ongoing Monitoring

BitHash may conduct ongoing compliance monitoring throughout the business relationship, including:

sanctions screening;
politically exposed person (PEP) screening;
adverse media screening;
blockchain transaction monitoring;
wallet risk analysis;
transaction pattern reviews;
suspicious activity detection; and
periodic customer due diligence reviews.

42.4 Reporting Obligations

Where required by applicable law, BitHash may report suspicious transactions, prohibited activities, sanctions concerns, or other reportable matters to the appropriate governmental, regulatory, or law enforcement authorities without prior notice to the Customer.

42.5 Right to Refuse or Suspend

BitHash reserves the right to decline, suspend, or terminate any Product or Service where it reasonably determines that:

(a) required compliance information has not been provided;

(b) sanctions concerns exist;

(d) false or misleading information has been supplied;

(e) a transaction presents unacceptable legal or regulatory risk; or

(f) continuing the relationship may expose BitHash to legal, regulatory, financial, operational, or reputational harm.

Such actions shall be exercised in good faith and in accordance with applicable law.

42.6 Records

BitHash may retain AML, KYC, sanctions, compliance, and transaction records for the periods required under applicable law or as reasonably necessary to protect its legal rights, satisfy regulatory obligations, and support lawful investigations.

42.7 No Circumvention

Customers shall not knowingly structure transactions, use intermediaries, provide false information, or otherwise attempt to circumvent BitHash’s compliance procedures or applicable legal requirements.

Any such conduct may result in immediate suspension or termination of the business relationship, without prejudice to any additional legal remedies available to BitHash.

SUSPENSION

43.1 Right to Suspend

BitHash may immediately suspend, restrict, or temporarily discontinue any Product, Service, Account, hosted Equipment, cloud service, AI infrastructure, HPC infrastructure, customer portal, or Website access where it reasonably believes that suspension is necessary to:

(a) protect the security or integrity of its systems;

(b) comply with applicable law or regulatory requirements;

(d) investigate suspected misconduct;

(e) protect Customer Equipment or BitHash infrastructure;

(f) respond to non-payment;

(g) address operational emergencies; or

(h) protect the rights, property, personnel, customers, or reputation of BitHash.

Where reasonably practicable, BitHash shall provide notice of suspension. Immediate suspension may occur without prior notice where urgent action is reasonably required.

43.2 Effect of Suspension

Suspension shall not:

terminate the Agreement;
relieve the Customer of payment obligations already accrued;
waive BitHash’s contractual rights;
prevent BitHash from exercising additional remedies available under law or contract.

TERMINATION

44.1 Termination by BitHash

BitHash may terminate this Agreement or any applicable Product or Service by written notice where:

(a) the Customer commits a material breach that is not remedied within any applicable cure period;

(b) payment remains outstanding beyond the agreed due date;

(d) required compliance information is not provided;

(e) continued performance would violate applicable law;

(f) insolvency, liquidation, bankruptcy, administration, or comparable proceedings affect the Customer; or

(g) termination is otherwise permitted under the applicable agreement.

44.2 Termination by Customer

The Customer may terminate Products or Services only in accordance with the applicable Service Order, Enterprise Agreement, or other executed contract.

Termination shall not relieve the Customer of obligations accrued before the effective termination date.

44.3 Effect of Termination

Upon termination:

(a) access to applicable Services may cease;

(b) outstanding invoices become immediately payable, subject to applicable law;

(d) Customer Equipment shall be handled in accordance with the applicable Hosting Agreement; and

(e) provisions intended to survive termination shall remain in effect.

CUSTOMER DEFAULT

A Customer shall be deemed in default where it:

(a) fails to make payment when due;

(b) materially breaches these Terms or any related agreement;

(d) refuses to cooperate with lawful compliance requirements;

(e) interferes with BitHash’s infrastructure or operations;

(f) becomes insolvent or enters formal insolvency proceedings; or

(g) otherwise commits a material contractual breach.

Following default, BitHash may exercise any rights available under these Terms, the applicable agreement, or law, including suspension, termination, recovery of outstanding amounts, enforcement of security interests where applicable, or commencement of legal proceedings.

LIMITATION OF LIABILITY

46.1 Indirect Losses

To the fullest extent permitted by applicable law, BitHash shall not be liable for any indirect, incidental, consequential, exemplary, punitive, or special damages, including loss of profits, loss of revenue, loss of business opportunity, loss of goodwill, loss of anticipated savings, loss of digital assets, loss of data, business interruption, or reputational harm arising out of or relating to these Terms, except where liability cannot lawfully be excluded.

46.2 Liability Cap

Except for liability that cannot be limited under applicable law, BitHash’s aggregate liability arising out of or relating to the applicable Product or Service shall not exceed the total amount paid by the Customer to BitHash for that specific Product or Service during the twelve (12) months immediately preceding the event giving rise to the claim, unless a different limitation is expressly agreed in writing.

46.3 Mandatory Rights

Nothing in these Terms excludes or limits liability for:

(a) fraud or fraudulent misrepresentation;

(b) death or personal injury caused by negligence where such liability cannot legally be excluded;

(d) any liability that cannot be excluded or limited under applicable law.

INDEMNIFICATION

The Customer shall indemnify, defend, and hold harmless BitHash, its affiliates, directors, officers, employees, contractors, agents, successors, and assigns from and against any claims, liabilities, damages, losses, penalties, fines, costs, and reasonable legal expenses arising from:

(a) the Customer’s breach of these Terms;

(b) unlawful or fraudulent conduct;

(d) infringement of third-party rights by the Customer;

(e) inaccurate representations or warranties made by the Customer;

(f) Customer data, software, applications, or content; or

(g) violations of applicable laws or regulations by the Customer.

This indemnity shall apply only to the extent permitted by applicable law.

INSURANCE

Unless expressly agreed otherwise, Customers remain responsible for obtaining insurance covering their own Equipment, inventory, digital assets, business interruption, transportation, transit, cyber risks, and any other risks appropriate to their operations.

BitHash’s insurance arrangements, if any, do not create rights in favor of Customers unless expressly stated in writing.

GOVERNING LAW

These Terms and any non-contractual obligations arising out of or relating to them shall be governed by and construed in accordance with the laws of the United Arab Emirates, as applied in the Emirate specified in the applicable agreement, without regard to conflict of law principles.

Where a specific governing jurisdiction is identified in a separately executed agreement, that agreement shall prevail for the relevant transaction.

DISPUTE RESOLUTION

The Parties shall first use commercially reasonable efforts to resolve disputes through good-faith negotiations.

If a dispute cannot be resolved amicably within a reasonable period, either Party may refer the matter to the competent courts identified in the applicable agreement or, where no such agreement exists, the courts having jurisdiction under applicable UAE law.

Nothing in this Section prevents either Party from seeking urgent interim, injunctive, or conservatory relief from a court of competent jurisdiction where necessary to protect its rights.

MISCELLANEOUS

51.1 Entire Agreement

These Terms, together with all documents expressly incorporated by reference and any executed Service Orders or agreements, constitute the entire agreement between the Parties concerning the subject matter and supersede prior discussions, negotiations, understandings, and representations relating to that subject matter.

51.2 Severability

If any provision of these Terms is held invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.

51.3 Waiver

Failure or delay by BitHash to exercise any right under these Terms shall not constitute a waiver of that right or any other right.

51.4 Assignment

The Customer may not assign, transfer, delegate, or otherwise dispose of its rights or obligations under these Terms without BitHash’s prior written consent.

BitHash may assign or transfer its rights and obligations to an affiliate, successor, purchaser of its business, or other permitted assignee, subject to applicable law.

51.5 Independent Contractors

Nothing contained in these Terms creates any partnership, joint venture, agency, fiduciary relationship, employment relationship, or franchise between the Parties.

51.6 Survival

The provisions relating to confidentiality, intellectual property, payment obligations, indemnification, limitation of liability, dispute resolution, governing law, record retention, compliance obligations, and any other provisions intended by their nature to survive shall remain in effect following termination or expiry of these Terms.

51.7 Amendments

BitHash may amend these Terms from time to time by publishing an updated version on the Website.

Material amendments shall apply prospectively unless otherwise required by law or expressly agreed between the Parties.

51.8 Notices

Legal notices under these Terms shall be provided in writing by email, courier, registered post, or another verifiable method to the contact details designated by the receiving Party.

Electronic notices shall be deemed received when successfully transmitted, unless evidence demonstrates otherwise.

CONTACT INFORMATION

Questions regarding these Terms, Products, or Services may be directed to:

BitHash Limited

Website: www.bithash.ae

Email: info@bithash.ae

Telephone: +971 55 897 2221

Telephone: +971 58 572 2898

The above contact information may be updated from time to time by publication on the Website.