Preamble

(A) Scope. This Custom Pool Addendum (the “Addendum”) supplements the Customer’s principal agreement with Cuverse Limited (“Cuverse”) — the Mining Hardware Hosting Agreement or the Mining Service Agreement (the “Main Agreement”) — and governs the connection by the Customer of its own mining pool which is not among the pools supported by Cuverse by default (the “Custom Pool”).

(B) Principles. This Addendum is based on two fundamental principles:

• Customer Control. Cuverse never takes pool decisions on behalf of the Customer. Any connection, disconnection or suspension of a Custom Pool requires an express action of the Customer;
• Manual Operation. The connection and disconnection of a Custom Pool require the manual reconfiguration of equipment by Cuverse operators, which takes up to 72 hours.

(C) Acceptance. The Customer accepts this Addendum at the moment of initiating a request for the connection of a Custom Pool. Prior to the initiation of such a request, the Addendum does not apply.

(D) Conflict Resolution. In the event of any conflict between this Addendum and the Main Agreement, the provisions of this Addendum prevail to the extent that they govern the Custom Pool. In all other matters, the provisions of the Main Agreement apply.

§ 1. Custom Pool Connection

(1) Customer Request. The Customer initiates the connection of a Custom Pool by completing the Custom Pool form in the dashboard, indicating:

• the Custom Pool URL (mandatory field) — the stratum URL of the pool;
• the Worker Name (mandatory field) — the name of the worker in the Custom Pool;
• the Password (optional field) — the worker’s password, where required by the selected pool.

(2) No Pre-Validation. Cuverse does not automatically verify the availability of the stratum URL, the accuracy of the Customer’s credentials, or the compatibility of the Mining Hardware with the Custom Pool at the request submission stage. The accuracy of the configuration is verified only in the course of the manual reconfiguration of the equipment pursuant to § 1(4).

(3) Customer Responsibility for Pool Selection. The Customer bears full and sole responsibility for:

• the selection of the Custom Pool;
• the accuracy of all data indicated in the form (URL, Worker Name, Password);
• the reputation, reliability, operational stability and financial soundness of the operator of the Custom Pool;
• the payout terms, fees and methods of calculation of rewards of the Custom Pool;
• the compatibility of the Custom Pool with the mining algorithm of the Mining Hardware;
• the lawfulness of the use of the Custom Pool in the jurisdiction applicable to the Customer.

(4) Manual Provisioning. The connection of a Custom Pool requires the manual reconfiguration of the Mining Hardware by Cuverse operators in the relevant Data Center. This process takes up to 72 hours from the moment of initiation of the request by the Customer.

(5) Provisioning Outcome. As a result of the manual reconfiguration, the Customer’s request may be:

• Successfully completed — Cuverse confirms the correct operation of the Mining Hardware on the Custom Pool, and the Customer’s contract transitions to the ACTIVE_CUSTOM state;
• Not completed (Setup Failed) — Cuverse is unable to establish a working connection of the Mining Hardware to the Custom Pool as a result of one of the following causes: an incorrect URL, a Worker Name rejected by the pool, an incorrect password, the unavailability of the pool, algorithm incompatibility, or other technical reasons. In such a case, the Customer’s contract transitions to the SETUP_FAILED state, and Cuverse notifies the Customer of the cause of the failure.

(6) Retry After Failure. In the event of a Setup Failed, the Customer is entitled to correct the configuration and submit the request again. Cuverse applies a limit on the number of consecutive failed connection attempts for a single contract. Upon reaching that limit, the contract is temporarily blocked pending intervention by the Cuverse support service.

§ 2. Operation in ACTIVE_CUSTOM State

(1) Mining Rewards Flow. In the ACTIVE_CUSTOM state, Mining Rewards are transferred directly from the Custom Pool to the Customer’s account registered with that pool. Cuverse does not have access to the said account, does not control the Customer’s Mining Rewards and is not liable for their receipt, custody or distribution.

(2) No Platform Balance Credits. In the ACTIVE_CUSTOM state, Cuverse does not credit any Mining Rewards to the Customer’s BTC balance in the Cuverse system. The Customer receives all Mining Rewards exclusively through the Custom Pool.

(3) Continued Electricity Billing. In the ACTIVE_CUSTOM state, the Customer continues to pay Hosting Fees (or Service Fees, as applicable under the Mining Service Agreement) for the electricity actually consumed. These payments cover Cuverse’s costs of operating the Customer’s Mining Hardware in the Data Center, and do not depend on whether the Customer’s Custom Pool generates any Mining Rewards.

The Customer acknowledges and accepts the following principle: Cuverse charges for electricity when the Mining Hardware is physically operating in the Data Center, regardless of where the Mining Rewards are sent — whether to the Customer’s account in the Custom Pool or (in the case of standard pools) to the Customer Wallet through the Mining Pool supported by Cuverse.

(4) Service Prepayment Required. The Customer is required to maintain a sufficient level of Service Prepayment to cover Hosting Fees / Service Fees throughout the period of ACTIVE_CUSTOM. As Mining Rewards in the ACTIVE_CUSTOM state are not credited to the Service Prepayment, the Customer shall top up the Service Prepayment from the Customer’s own sources.

(5) SLA Continuity. The applicable SLA pursuant to § 7 of the Main Agreement continues to apply in the ACTIVE_CUSTOM state. Cuverse continues to ensure the uptime of the Mining Hardware at the agreed level, regardless of the pool to which the equipment is connected.

§ 3. Custom Pool Editing

(1) Editing Active Custom Pool. The Customer is entitled to amend the configuration of an active Custom Pool (URL, Worker Name, Password) by submitting a new form in the dashboard. The amendment of the configuration constitutes a new Custom Pool Connection within the meaning of § 1 of this Addendum and is subject to the same rules of manual reconfiguration by Cuverse operators (up to 72 hours).

(2) Continuity During Editing. During the period of manual reconfiguration, the Mining Hardware continues to operate on the previous Custom Pool configuration, and Mining Rewards continue to be transferred to the Customer’s existing account. Hosting Fees / Service Fees continue to accrue in the ordinary course.

(3) New Cooldown. Each successful amendment of the Custom Pool configuration (or the connection of a new Custom Pool) triggers a new 72-hour cooldown, during which the Customer may not initiate further changes to the configuration.

§ 4. Reverting to Standard Pool

(1) Customer Request to Revert. At any time during the ACTIVE_CUSTOM state, the Customer is entitled to request a return to a standard pool supported by Cuverse, by submitting the corresponding request in the dashboard.

(2) Manual Operation. The return to a standard pool also requires the manual reconfiguration of the Mining Hardware by Cuverse operators and takes up to 72 hours from the initiation of the request.

(3) Continuity During Revert. During the reconfiguration period, the Mining Hardware continues to operate on the current Custom Pool, and Mining Rewards continue to be transferred to the Customer’s account in the Custom Pool. Hosting Fees / Service Fees continue to accrue in the ordinary course.

(4) Completion of Revert. Upon completion of the manual reconfiguration, the Customer’s contract transitions to the ACTIVE state on the selected standard pool. From that moment, Mining Rewards are once again transferred to the Customer Wallet through the standard mechanism of the Mining Pool supported by Cuverse.

§ 5. Service Suspension Due to Insufficient Balance

(1) Trigger. If, in the ACTIVE_CUSTOM state, the Customer’s Service Prepayment becomes insufficient to cover Hosting Fees / Service Fees, and the Customer fails to top up the balance within a reasonable period, the Customer’s contract transitions to the PENDING_SUSPENSION state.

(2) Customer Notification. Upon transition to PENDING_SUSPENSION, Cuverse promptly notifies the Customer of the situation that has arisen and of the need to top up the Service Prepayment.

(3) PENDING_SUSPENSION Period. During the PENDING_SUSPENSION period:

• the Customer’s Mining Hardware continues to operate on the Custom Pool;
• Mining Rewards continue to be transferred to the Customer’s account in the Custom Pool;
• Hosting Fees / Service Fees continue to accrue and constitute the Customer’s debt to Cuverse;
• the Customer is entitled at any time during PENDING_SUSPENSION to settle the debt and restore the normal functioning of the contract (return to ACTIVE_CUSTOM);
• Cuverse initiates the process of physical removal of the Mining Hardware from service for the Customer, which takes up to 72 hours.

(4) Transition to SUSPENDED. Upon completion of the physical removal of the Mining Hardware from service for the Customer (where the Customer has not settled the debt during the PENDING_SUSPENSION period), the contract transitions to the SUSPENDED state:

• the Mining Hardware is physically transferred to Cuverse’s internal operational use and ceases to operate on the Customer’s Custom Pool;
• Mining Rewards in the Customer’s Custom Pool are no longer generated;
• Hosting Fees / Service Fees cease to accrue, and the Customer’s final debt is fixed;
• the Customer remains obliged to settle the accrued debt to Cuverse.

(5) Reactivation from SUSPENDED. The lifting of the SUSPENDED state is possible only at the Customer’s initiative, subject to the following conditions:

• full settlement by the Customer of the accrued debt to Cuverse;
• submission by the Customer of a new request for the connection of a Custom Pool (or for a return to a standard pool) pursuant to § 1 or § 4 of this Addendum;
• the Customer’s compliance with the standard procedure of manual reconfiguration of the Mining Hardware by Cuverse operators.

(6) Debt Settlement. The Customer’s accrued debt to Cuverse is to be settled out of the first incoming funds from the Customer (including a top-up of the Service Prepayment) — the debt is debited first, with the remainder credited to the Service Prepayment.

§ 6. Risk Disclosure for Custom Pool

The Customer acknowledges and accepts the following risks specific to a Custom Pool, in addition to the risks set out in the Risk Disclosure Statement:

(1) Pool Operational Risk. A Custom Pool is operated by an independent third party unrelated to Cuverse. Cuverse does not control the operations of the Custom Pool and is not liable for: (a) failures of the pool; (b) delays in payouts; (c) changes in fees; (d) the cessation of the activities of the pool; (e) hack attacks or other security incidents on the pool side.

(2) Reward Loss Risk. Mining Rewards not received by the Customer as a result of issues on the Custom Pool side are not subject to compensation by Cuverse. Cuverse continues to perform its obligations in respect of the operation of the Mining Hardware, but is not liable for the outcomes of such operation to the extent that they depend on the Custom Pool.

(3) Setup Failure Risk. There is a risk that the connection of the Custom Pool will not succeed as a result of technical reasons or errors in the data provided by the Customer.

(4) Continued Cost Without Earnings. The Customer remains obliged to pay Hosting Fees / Service Fees during periods in which Mining Rewards are not received in the Customer’s account in the Custom Pool for reasons not attributable to Cuverse. This includes: Setup Failed periods, periods of downtime of the Custom Pool, periods of unavailability of the Custom Pool, and periods in which the Custom Pool does not pay out Mining Rewards on account of its own operational policies. In such situations, risk management is the responsibility of the Customer: the Customer is entitled at any time to initiate a change of Custom Pool or a return to a standard pool in accordance with §§ 3 and 4 of this Addendum. Cuverse does not take decisions to change the Custom Pool of its own accord, and does not provide automatic compensation of Hosting Fees for periods during which the Mining Hardware was physically operating in the Data Center.

(5) Suspension Risk. Insufficient top-up of the Service Prepayment in the ACTIVE_CUSTOM state may result in the contract transitioning to the PENDING_SUSPENSION and SUSPENDED states pursuant to § 5 of this Addendum, with financial consequences for the Customer (the accumulation of debt) and operational consequences (the cessation of the operation of the Mining Hardware).

(6) Delayed Operations. All operations relating to a Custom Pool require manual reconfiguration and take up to 72 hours. The Customer should take this delay into account in planning. Where the configuration of the Custom Pool is not completed within 72 hours of the request, the Customer is entitled to contact the support service to escalate the request. Cuverse shall ensure the completion of the configuration within an additional 48 hours, or shall notify the Customer of the reasons for the delay and the expected timeframes.

§ 7. Cuverse Rights and Obligations

(1) Cuverse Obligations. Cuverse undertakes to:

• carry out in good faith the manual reconfiguration of the Mining Hardware in response to the Customer’s requests within reasonable timeframes not exceeding 72 hours;
• maintain the SLA for Mining Hardware uptime in accordance with § 7 of the Main Agreement, regardless of the pool to which the equipment is connected;
• notify the Customer of the outcomes of reconfiguration operations;
• notify the Customer of the approach of an insufficient Service Prepayment situation prior to transition to PENDING_SUSPENSION.

(2) Cuverse Rights. Cuverse reserves the right to:

• reject a request for the connection of a Custom Pool where the Custom Pool is included on public lists of fraudulent, phishing or otherwise malicious operators;
• suspend or cease the servicing of a Custom Pool where applicable law or Cuverse’s policies render such servicing impossible or unlawful;
• impose limits on the number of Custom Pool connections and on the frequency of changes to the configuration of a single contract;
• suspend new requests for Custom Pools at particular Data Centers in connection with operational restrictions.

(3) No Pool Endorsement. In permitting the Customer to connect a particular Custom Pool, Cuverse does not endorse or recommend that pool. Cuverse does not conduct due diligence in respect of operators of Custom Pools and does not warrant their reliability.

§ 8. Termination of Custom Pool Connection

The connection of a Custom Pool is automatically terminated:

• upon transition of the Customer’s contract to the ACTIVE state on a standard pool pursuant to § 4 of this Addendum;
• upon transition of the Customer’s contract to the SUSPENDED state pursuant to § 5 of this Addendum;
• upon termination of the Main Agreement as a whole in accordance with the corresponding provisions of the Mining Hardware Hosting Agreement or the Mining Service Agreement;
• upon expiry of the Term of the Mining Hardware or the Service Period of the Service Package under the Main Agreement.

Following the termination of the connection of the Custom Pool, this Addendum ceases to apply to the corresponding contract, and the standard rules of the Main Agreement apply.

§ 9. Miscellaneous

(1) Relation to Main Agreement. This Addendum is supplementary to the Main Agreement. All provisions of the Main Agreement that are not in conflict with this Addendum continue to apply.

(2) Governing Law. This Addendum is governed by the same substantive law as the applicable Main Agreement (Hong Kong law for the majority of Customers; the special provisions for US Customers — see the corresponding provisions of the Main Agreement).

(3) Modification. Cuverse reserves the right to amend this Addendum, with no less than 30 days’ prior notice to the Customer.

(4) Termination of Addendum Without Termination of Main Agreement. The termination of this Addendum (for example, upon the Customer’s return to a standard pool) does not terminate the Main Agreement.