Terms and Conditions

Preamble

‍Blocksybox is a limited liability company (“Blocksybox”). Blocksybox sells and provides hardware ("Mining Hardware") suitable for the mining of crypto-assets pursuant to Art. 3 (1) (5) of Regulation 2023/1114 on Markets in Crypto-Assets (MiCAR) ("Crypto Assets").
‍Customer. The customer is purchasing Mining Hardware from Blocksybox and intends to operate the Mining Hardware for a pre-defined period of time for the mining of Crypto Assets in a Data Center (as defined herein) of Blocksybox ("Customer(s)"). Customers are either purchasing the Mining Hardware for (a) business purpose(s) and are considered entrepreneurs ("B2B Customers") or (b) not for business purposes and are considered consumers ("B2C Customers").
‍Services. Blocksybox provides hosting services to Customers and, as such, Customers commission Blocksybox to install Mining Hardware in Data Centers operated by Blocksybox and its partners. For the avoidance of doubt, Blocksybox is not providing any crypto-asset service as defined under Article 3 (16) MiCAR to its Customers.
‍Terms. The following terms and conditions govern all purchases of Mining Hardware between Blocksybox and Customers, including their installation in Data Centers of Blocksybox and provision of Hosting Services by Blocksybox to Customers ("Terms"). Any conflicting terms and conditions of the Customer are expressly rejected.

§ 1. Definitions

Account — means the account of the Customer as defined in § 5 (1).
B2B Customers — means a Customer who is purchasing the Mining Hardware for business purposes.
B2C Customers — means a Customer who is purchasing the Mining Hardware not for business purposes.
Blocksybox — means Blocksybox (replace with full legal name, registration number, address).
Crypto Assets — means crypto-assets pursuant to Art. 3 (1) (5) MiCAR.
Customer(s) — Customers purchasing Mining Hardware and Hosting Services from Blocksybox.
Dashboard — personalized dashboard accessible after logging into the Website.
Data Center — data centers of Blocksybox or partners where the Mining Hardware is installed.
Extension Period — additional 12-month extension option as per § 7 (7).
Hash Rate — computational power determining mining efficiency as per § 3 (1).
Hosting Fee — costs for Hosting Services as defined in § 5 (6).
Hosting Rate(s) — Hosting Rate A and Hosting Rate B, defined in § 4 (2).
Hosting Rate A — Hosting Rate defined in § 4 (3).
Hosting Rate B — Hosting Rate defined in § 4 (4).
Hosting Services — hosting, installation, maintenance and operation of Mining Hardware as per § 4 (1).
Withdrawal Information — applies to EU consumers (Directive 2011/83/EU).
Maintenance Period — maintenance and warranty period as defined in § 6 (1).
Mining Hardware — hardware purchased by Customer and hosted in Blocksybox Data Center.
Minimum Uptime — minimum device uptime as per § 6 (4).
Profitability — ability to cover daily Hosting Fee from Returns (§ 5 (5)).
Purchase Price — purchase price as per § 3 (5).
Returns — returns generated by Mining Hardware as per § 5 (5).
Term — hosting term as per § 7 (1).
Terms — these terms and conditions.
Uptime — targeted uptime as per § 6 (3).
Website — Blocksybox website blocksybox.com.

§ 2. General

‍Scope. Blocksybox sells Mining Hardware via its Website. Services include sale, installation, operation in Data Center, connection to mining pool, maintenance and repair.
‍Maintenance. Blocksybox handles installation and maintenance during the Term (§ 7 (1)).
‍Information. Advertising materials are non-binding unless explicitly referenced on the Website.

§ 3. Purchase of Mining Hardware

Blocksybox provides Mining Hardware suitable for mining Crypto Assets. Hash Rate and power consumption are shown on the Website.
Hash Rate refers to computational power used for solving cryptographic puzzles.
‍Conclusion of contract.
Website listings are invitatio ad offerendum. Customer submits offer by completing the purchase steps and clicking “Buy”. Blocksybox may accept or reject the offer.
‍Hosting mandatory.
Customer acknowledges Mining Hardware is hosted exclusively in Blocksybox Data Centers (§ 4).
‍Acceptance.
Contract is concluded when Blocksybox confirms Customer’s offer via email.
‍Purchase Price.
Displayed on Website; includes shipping to Data Center, customs duties, setup fees.
‍Payment.
Full payment required before Hosting Services begin. Payment accepted in CHF, USD, EUR, BTC, USDC, USDT depending on Website options.
‍Fees.
B2B Customers bear payment service provider fees.
‍Retention of Title.
Ownership remains with Blocksybox until full payment.
‍Hosting mandatory.
Hardware cannot be purchased without Hosting Services.
‍Sales Prohibition.
Customer may not sell the Mining Hardware during the Term.
‍VAT & Taxes.
Customer solely responsible for tax obligations.
‍Warranty & Maintenance.
Manufacturer warranties apply; repairs during warranty period included in Hosting Services (§ 6). No guarantee for Hash Rate or mining output.
‍Liability.
As per § 4 (12).
‍Right of Withdrawal.
As per applicable EU consumer laws.

§ 4. Hosting Services

Hosting Services include installation, maintenance, connection to mining pools, and hosting of Mining Hardware. Rewards generated belong to Customer.
Hosting Rates A & B displayed on Website (USD per kWh). Rates guaranteed for first 36 months; may be adjusted thereafter.
Hosting Rate A applies at 99% uptime.
Hosting Rate B applies at 65% uptime.
Blocksybox may switch from A to B if necessary for damage mitigation.
Hash Rate values may vary.
No guarantee of exact Hash Rate.
Access to Data Centers only upon coordination with Blocksybox.
Liability for use of Mining Hardware and Hosting Services is excluded to the maximum extent permitted by law.

§ 5. Dashboard

Customer must create an Account.

Eligibility:

18+ years
legal capacity
accurate registration info
acceptance of Terms
Customer controls their own crypto addresses
Customer purchases hardware for own account

Dashboard allows Customers to monitor Hash Rate, Uptime, Returns.

Hosting Fees payable in BTC or other accepted methods.
Invoices issued daily in USD.

Default for more than 30 days allows Blocksybox to suspend mining operations.

§ 6. Maintenance, Warranty and Support

Blocksybox ensures installation, setup, maintenance and operation efficiency during a 36-month Maintenance Period.

Uptime Targets:

Rate A: 100%
Rate B: 65%

Minimum Uptime guarantees:

Rate A: 99%
Rate B: 50%

Maintenance windows do not count as downtime.

§ 7. Term, Right of First Refusal

Hosting Term: 36 months.

No early termination by Customer.

Termination for good cause allowed in specific situations (unprofitability, legal changes, insolvency, breaches).

At end of Term:

Blocksybox has right of first refusal at market value.
Customer may request shipping of hardware (CHF 200 handling fee + import taxes).
Option to exchange device for a new one.
Option to extend Hosting Services for 12 months.

§ 8. Risk Disclosure

Risks include:

Blocksybox does not offer crypto custody services.
High volatility of Crypto Assets.
Regulatory changes.
Blockchain network issues.
Force majeure events.
Operational risks (difficulty increases, algorithm changes).
Network fees.

Customer bears all mining risks.

§ 9. Miscellaneous

Communication.
Notices must be sent to:
ks@blocksybox.com

Counterclaims.
No offsetting of counterclaims unless legally binding.

Severability.
Invalid provision replaced with a valid one closest in purpose.

§ 10. Rights of data subjects

You have the following rights (subject to applicable law):

Right to access and obtain a copy of your personal data;
Right to rectification of inaccurate data;
Right to deletion if the data are no longer necessary or when consent is withdrawn;
Right to restrict processing in certain cases;
Right to object to processing based on legitimate interests;
Right to withdraw consent at any time;
Right to lodge a complaint with a supervisory authority.

Requests will be handled promptly and, in any event, within the statutory term. To exercise these rights contact us at the email below.