1.1 Thank you for choosing myMiner as your mining software.
1.3 We reserve the right, at our sole discretion, to change any part of these ToU by posting changes to our website. It is still your responsibility to check our website periodically for changes. Your continued use of or access to our website or the software constitutes acceptance of those changes. You can review the most current version of the ToU at any time at this page.
1.4 You have no claim to get the software and we, conversely, have of course no claim against you, that you use of the software. It is a tool that we provide and we explain what the tool does, but we do not commit ourselves to a certain quality or characteristics.
2.1 We (‘us’) means the “myMiner Unternehmergesellschaft (haftungsbeschränkt), HRB 82480 (Amtsgericht Düsseldorf)” (limited liability company) existing under the laws of Germany.
2.2 myMiner (‘software’) means the software for mining, published by us. Service means all services regarding the Software of myMiner.
2.3 The download of myMiner is free and you can use the software without the duty of any payment. The software will mine in average 1% (‘fee’) of its time for us, so it will mine 0,6 minutes (= 36 seconds) of 60 minutes (= 3600 seconds) for us as contribution. The respective intervals become larger as each change costs time and resources unnecessarily. Other fees, e.g. pool fees, are not included.
2.4 myMiner is a mining software, to mine crypto currencies. The software will give you the opportunity to mine with your own address and connect to a pool you want. That means, that you are not mining into any account of myMiner. You will receive payouts directly from the pool. Because the payout is done by the pool, myMiner has no influence on the payout mechanism.
2.5 Therefor myMiner uses in some parts third party software. It is like a tool to use some piece of software, so you do not need to install and configure the software, which is available, on your own. myMiner is some kind of package. It is a helping software to take part of the mining procedure. myMiner uses the common mining software for each currency, which you may download from the websites of the currency.
3.1 You are prohibited from using the service or myMiner: (a) for any unlawful purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (c) to violate our intellectual property rights or the intellectual property rights of others.
3.2 It is your responsibility to determine what taxes apply to the transactions you complete or services or software you use.
3.3 In no event shall we be required to make available the source code of the software. All intellectual rights stay with us.
3.4 You agree that from time to time we may remove the download link for indefinite periods of time, without notice to you.
4.1 When using myMiner, there are some risks you should be aware of. You should have adequate knowledge to bear the risks of mining.
4.2 You acknowledge, that crypto currencies, cryptotokens, proof of work concepts, blockchain technologies and other associated and related technologies are new and outside of our control.
4.3 You understand, that crypto currencies are associated with a risk regarding value volatility, policy changes, transaction costs and payment method.
4.4 You understand, that there is a risk of future legislation in any country regarding the use of crypto currencies or the software.
4.5 You know, that there are always security risks of hacking crypto currencies or other services related to mining.
4.6 The software will give you the opportunity to mine with your own address and connect to a pool you want. You are not mining into an myMiner-account. You will receive payouts directly from the pool, we will have nothing to do with the payout. We have no influence on the payout mechanism.
5.1 You have no claim to get a download of myMiner. You do not buy, rent or have any other claim to get the software. Also, you do not have a claim to get myMiner in a certain way or with certain quality. We offer the software to you for free. You can use the software as long as you want and your use is within the scope of these ToU. Of course, we do not have a claim against you to use the software. We offer the software as a tool and we tell you, what the software will do (e.g. fee), but there is no legal duty on the use or make the software available itself. If you disagree, do not use the software.
5.2 We try to provide the best we can, however you agree that myMiner is provided “as is“ and “as available“ with all faults and defects. You expressly agree that your use of, or inability to use, the service and myMiner is at your sole risk. We do not make any warranties or representations on conditions of satisfactory quality. We do not warrant myMiner to be free of malware or other harmful components. Because this software is “as is,” we may not provide support services for it in the future.
5.3 We do not guarantee an amount of money to be mined or to be paid out. As you know, you mine with your own address to a pool (of your choice if you want), we do not have any influence on the pool or the payments. Inform yourself regarding the payouts on the website of your pool.
5.4 We do not guarantee, represent or warrant that your use of our service or myMiner will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service or myMiner will be accurate or reliable. We do not guarantee, that the data presented on the website or in the myMiner interface is correct or reliable.
5.5 We do not guarantee, that myMiner will always chose the most profitable currency, as there are a lot of factors to be taken into account. We try our best to get very accurate data to make a reliable decision for a currency.
6.1 Nothing in these ToU shall limit liability for intentional or grossly negligent infliction of damage. Also, it shall not limit any liability regarding personal injury (life, body or health). In case of intentional conduct, gross negligence, claims based on the Product Liability Act, as well as, in case of death or personal or physical injury, we are liable according to the statutory law.
6.2 We are not liable in case of ordinary or slight negligence. To the extent permitted by law: (i) we shall not be liable for any lack of commercial success, lost profits and indirect damages and (ii) liability in accordance with the above clauses shall be limited to the typical, foreseeable damages.
6.3 We are not liable for damages of your software (like data or programs) or hardware. You know, that mining is highly stressing hardware components, which may be damaged or destroyed. Every computer is built individually, so you need to assess the burden of your hardware components by yourself.
6.4 Mining is a very intensive task for your computer, so it can cause high costs for electricity. We are not responsible for those costs.
6.5 If jurisdiction applicable to a case arising from using the software or the service, which offers more friendly rules by law for us regarding liability, those rules will apply.
7.1 Certain content available via our website or myMiner may include materials or information from third-parties. We do not warrant the correctness of such materials.
7.2 The software contains third party content, for example mining software. You can see a list of all third-party code on the website. If you do not trust this third-party code, do not use the software. myMiner helps you to launch third party mining software. This third party mining software is usually the most common mining software for the respective currency.
7.3 Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for evaluating the content or accuracy and we do not warrant and will not have any responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
7.4 We are not liable for any harm or damages related to the purchase or use of goods, services or any other transactions made in connection with any third parties. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction.
7.5 We are not liable for any wrong information in the software. We try to keep all data as actual as possible, but there may be some information are not correct (e.g. pooly may change their minimum payout without noticing us). We give our best to deliver as correct information as possible.
7.6 Third party software or code is used, e.g.: Claymore Monero Miner, CryptoNote, Etherminer, Guideline Support Library, OpenCL, OpenSSL. See the Licenses-3rd-Party.txt for more information. It is located in the root folder of myMiner.
8.2 These Terms do not create any third-party rights.
8.3 The legal relationship shall be governed by the law of the federal republic of Germany. The place of jurisdiction in the case of all disputes ensuing from this relationship is Düsseldorf.
14. October, 2018
We do not save any personal data, neither on the website nor in the software, longer than your stay. You can use and download myMiner without any registration, so we do not need any personal data. The software will contact our server regarding exchange rates. We are not able to and do not want to associate this or any other data to a person.
No personal cookies. No Google Analytics. No Facebook-Buttons.
(1) If you only access the website without any other transmission of information, only data that your browser transmits as part of this process will be sent to us on the basis of Art. 6 para. 1 sentence 1 lit. f) GDPR: referrer (previously visited website), requested website or file, browser type and browser version, operating system used, type of device used, time of access, IP address in anonymized form.
(2) Legal basis is Art. 6 para. 1 sentence 1 lit. f) GDPR.
(3) These data are all required for technical reasons. This data and its retention in the present scope is absolutely necessary for the provision of the website, which is why you have no right of objection to this. The temporary storage of the IP address by the system is necessary to enable the website to be delivered to the user's computer. For this the IP address of the user must remain stored for the duration of the session (Art. 6 para. 1 sentence 1 lit. f) GDPR).
(4) This data is not merged with other data sources. No personal data is kept after you leave the website.
(6) Our webhost is data processor (Art. 28 GDPR) with a data processing addendum. Our webhost stores within the log files, among other things, the IP address, the browser visitors use, the time and date of the visits, and the system that visitors use. Our webhost only stores pseudonymized IP addresses of visitors to the website, so it is no longer possible to establish the true identity of the visitor. The log files are evaluated in two statistics programs. The statistics are generated with widely anonymized data. A personal reference is not possible. The following data is evaluated: the type of browser used and the browser version, the operating system, date and time of the server request, the number of visits, the length of stay on the website, the previously visited website, the IP address of the users is anonymized before it is stored. So we do not save any personal data longer than your stay on the website. The data is collected for statistical evaluations for the purpose of operation, security and optimization of the offer (Art. 6 para. 1 sentence 1 lit. f) GDPR)
(7) The __cfduid cookie is set by Cloudflare and is used to identify individual clients behind a shared IP address and apply security settings on a per-client basis. It does not correspond to any user ID in your web application, and does not store any personally identifiable information. We also use a cookie to save your preferences, like selected language. Legal basis is Art. 6 para. 1 sentence 1 lit. f) GDPR. We want to give you a convenient browsing experience. If you do not want any cookies stored on your computer, you can set your browser to block any cookies.
(1) The software will contact our servers to look up the latest exchange rates and your wallet balance. In this case our servers may get the same Information, when you visit our website manually with your Browser. These are requested website or file, operating system used, type of device used, time of access, IP address in anonymized form.
(2) This data processing is based on Art. 6 para. 1 sentence 1 lit. f) GDPR
(3) This data is needed to process the needed information to you. If you do not want that, you can switch of this function in the software. The temporary storage of the IP address by the system is necessary to enable the website to be delivered to the user's computer. For this the IP address of the user must remain stored for the duration of the session
(4) No personal data is kept after you leave the website.
(1) When contacting us by e-mail, your e-mail address, the time of the e-mail as well as the data resulting from the message text (if necessary also attachments) will be processed by a processor. If you contact us by telephone, your telephone number and, if necessary, your name, e-mail address, time of the call and details of your request will be processed upon request.
(2) The purpose of processing the above data is to process the contact request and to be able to contact the inquirer in order to answer the request.
(3) The legal basis for the processing of personal data described here is Art. 6 para. 1 lit. f) DSGVO. It is our legitimate interest to offer you the opportunity to contact us at any time and to answer your questions. The personal data will only be processed as long as it is necessary for the processing of the contact request. The recipient of the data is our server host, which works for us within the framework of an order data agreement.
(1) You have legal rights of
- Information according to Art. 15 GDPR,
- Correction or deletion in accordance with Articles 15 and 16 GDPR,
- Restriction of processing in accordance with Art. 18 GDPR,
- Right to information in accordance with Art. 19 GDPR,
- Opposition to processing under Art. 21 GDPR,
- Data transferability within the framework of Art. 20 GDPR.
We just want to make clear again, that we do not save any personal data longer than your session.
(2) In addition, you may file a complaint with the competent data protection supervisory authority regarding the processing of your personal data by the data controller. The contact details are as follows:
Landesbeauftragte für Datenschutz und Informationsfreiheit Nordrhein-Westfalen
E-Mail: [email protected]
myMiner UG (haftungsbeschränkt)
Authorized manager: Niels Kaufmann
HRB 82480 Düsseldorf
14. August 2018