July 30, 2021

Glossary

  • Terms - Terms of Service
  • PlotNFT - Token created in Chia blockchain that cannot be spent associated to your wallet

1. Use of Services

1.1 General

You can only access and use our services in accordance with these Terms. You will comply with the Terms and all laws, rules and regulations applicable to your use of the services subject to the country you are located.

1.2 Account

Your account is a PlotNFT that has joined your pool through the official pooling protocol of Chia. To use this account you must generate a login link from the official Chia client.

2. Modification

2.1 Functionalities

We reserve the right to add, change and remove functionalities at our leisure. These modifications will be informed via our blog and Discord channel.

2.2 Terms of Service

Changes to Terms and any linked documents may happen from time to time. Unless otherwise noted, material changes to the Terms will become effective five 7 days after they are posted, except if the changes apply to new functionality in which case they will be effective immediately. These changes will be made available through our blog, email and Discord channel.

3. Fees

3.1 Pool Fees

You shall pay certain fees for use of the Services as described in these Terms. These fees will be deducted prior to every block reward distribution that your PlotNFT has participated through submitting partials of proof of space and time using the official Chia client.

The fees are available in OpenChia.io website (https://openchia.io/fees). Any changes to fees will be notified with at least 7 days in advance through our blog, email and Discord channel.

3.2 Blockchain Transaction Fees

The delivery and receipt of any of your cryptocurrencies is subject to network or transaction fees charged by the blockchain associated with the Chia Blockchain (“Blockchain Transaction Fees”). Blockchain Transaction Fees are paid to emit, record, verify, and process a transaction on the blockchain and not retained by us. We do not have any influence on the Chia cryptocurrency blockchain and farming process. We only provide an interface to the Chia blockchain.

4. Taxes

Each party will be responsible, as required under applicable law, for identifying and paying all taxes and other governmental fees and charges (and any penalties, interest, and other additions thereto) that are imposed on that party upon or with respect to the transactions and payments under these Terms. Our service will not be made accountable for any attempts of disobeying the law of your government willingly or not.

5. Restricted Territories

You represent that you are not a resident, national, or agent of any country to which the United States embargoes goods or imposes similar sanctions.

6. Temporary Suspension

6.1 General

We may suspend your right to access or use any portion or all of the Services immediately upon notice to you if: (i) we determine your use of the Services poses a security risk to the Services or any third party, could adversely impact the Services or any other user; (ii) you are in breach of these Terms; or (iii) you have ceased to operate in the ordinary course, made an assignment for the benefit of creditors or similar disposition assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution or similar proceeding.

6.2 Effect of Suspension

You may remain responsible for all fees and charges you incur during the period of suspension; and you will not be entitled to any cryptocurrency rewards that may have occurred during the period your use of the Services was temporarily suspended.

7. Account inactivity

If you do not actively participate in pooling by submitting at least one valid partial proof of space and time to the Service for a consecutive period of 3 months, we reserve the right to reset your account balances and deactivate it.

8. Confidential Information

You may not disclose Confidential Information, except to agents or professional advisors who need to know it and who have agreed in writing (or in the case of professional advisors are otherwise bound) to keep it confidential. You shall ensure that those persons and entities use the received Confidential Information only to exercise rights and fulfill obligations under these Terms, while using reasonable care to maintain the confidentiality of such information.

9. Disclaimer

EXCEPT AS EXPRESSLY PROVIDED FOR IN THESE TERMS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DO NOT MAKE ANY OTHER WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE AND NON-INFRINGEMENT. WE ARE NOT RESPONSIBLE OR LIABLE FOR THE DELETION, FAILURE TO STORE, OR ANY LOSS OF ANY USER DATA, INCLUDING REWARDS DERIVED, MAINTAINED, OR TRANSMITTED THROUGH USE OF THE SERVICES. YOU ARE SOLELY RESPONSIBLE FOR SECURING ITS USER DATA AND REWARDS. WE DO NOT WARRANT THAT THE OPERATION OF THE SOFTWARE OR THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED. WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY LOSSES OR OPPORTUNITY COSTS RESULTING FROM BLOCKCHAIN NETWORK AND PROTOCOL OR THIRD-PARTY SOFTWARE ISSUES, WHICH MAY IN TURN RESULT IN THE INABILITY TO PROCESS TRANSACTION ON THE BLOCKCHAIN AT ALL OR WITHOUT INCURRING SUBSTANTIAL FEES.

10. Liability

10.1 Limitation of Indirect Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL NOT BE LIABLE UNDER THIS TERMS FOR LOST REVENUES, OPPORTUNITY COSTS, OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES WERE POSSIBLE AND EVEN IF DIRECT DAMAGES DO NOT SATISFY A REMEDY. THIS LIMITATION OF LIABILITY DOES NOT APPLY TO VIOLATIONS OF OUR INTELLECTUAL PROPERTY RIGHTS, INDEMNIFICATION OBLIGATIONS, OR YOUR PAYMENT OBLIGATIONS.

10.2 Limitation of Amount of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE MAY NOT BE HELD LIABLE UNDER THESE TERMS FOR MORE THAN THE POOL FEE AMOUNTS WE RETAIN DIRECTLY IN CONNECTION WITH YOUR USE OF THE SERVICES.

10.3 Disruptions

Although we make a reasonable effort to protect the Service from intrusion and cyberattacks, we will not be held liable for interruptions of the Services resulting in but not limited to loss of access to the website, pooling delays, pooling disruptions, transactions, and unpaid rewards.

10.4 Wear and Tear

As farming and plotting may exert an intense load on your hardware, we shall not be liable for any damages to your hardware that may occur during these processes.

11. Disputes

Disputes will be resolved by binding arbitration, rather than in court. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms as a court would. To begin an arbitration proceeding, you must contact the pool operators via email contact@openchia.io.

12. Force Majeure

We will not be liable for any failure or delay in performance of obligation under these Terms where the failures or delay results from any cause beyond our reasonable control, including, but not limited to, acts of God, labor disputes or other industrial disturbances, electrical or power outages, utilities or other telecommunications failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war. Force Majeure events include, but are not limited to, upgrades to the validation rules of the Chia blockchain and disruption of the Service due to outages.

13. Language

All communications and notices made or given pursuant to these Terms must be in English or Portuguese languages.

14. Notices to the pool

To give us notice under these terms, you can contact us through the email contact@openchia.io. Notices provided by personal delivery will be effective immediately.

15. Severability

If any portion of these Terms is held to be invalid or unenforceable, the remaining portions of these Terms will remain in full force and effect. Any invalid or unenforceable portions will be interpreted to effect and intent of the original portion. If such construction is not possible, the invalid or unenforceable portion will be severed from these Terms but the rest of these Terms will remain in full force and effect.