Lincoin Technolgies Inc. Products and Platform Terms of Use

This document establishes a legally binding agreement between Lincoin Technologies Inc. (referred to as “Lincoin”) and its users. Lincoin, a private corporation incorporated in  British Columbia, Canada, provides a suite of products and services collectively referred to as the “Platform” in this document.  Throughout this agreement, terms like “we,” “us,” and “our” pertain to Lincoin.

Acceptance of Terms:

By using Lincoin’s Platform, users acknowledge and agree to abide by the outlined terms and conditions. Non-agreement requires immediate cessation of services. Users, including entities represented by individuals, are bound by these terms.

Purpose of the Terms:

These terms aim to define the relationship between Lincoin and its users, outlining rights, responsibilities, and expectations. They safeguard intellectual property, privacy, compliance, and security for both parties.

User Accounts:

To access Lincoin’s services, users must create an account, providing accurate information. Users are responsible for maintaining confidentiality, promptly updating information, and ensuring security measures:

• Maintain confidentiality of account credentials.
• Promptly update account information.
• Use strong passwords and consider regular updates.
• Notify support promptly in case of lost or stolen credentials.
• Avoid sharing passwords, even with trusted individuals.
• Use secure networks and enable Two-Factor Authentication (2FA) for added security.

Lincoin reserves the right to suspend or terminate accounts for violations, with reasonable notice in most cases. Users can appeal suspensions or terminations through the support team, following procedures in the dispute resolution section.

In case of account suspension or termination, Lincoin may retain user data as outlined in the privacy policy or to comply with relevant laws. Users acknowledge these terms and Lincoin’s authority to enforce them upon creating and maintaining an account. Non-agreement implies refraining from account creation or discontinuing use.

Individuals registering on behalf of entities must possess the necessary authority to represent the entity and enter into a legally binding agreement, which includes adherence to the terms outlined in this agreement.

Service Description:

 

Bitcoin Mining Pool:

Users can contribute computing power (hashrate) to our mining pool via the Platform. Lincoin is not responsible for server addresses communicated through unauthorized channels. Users set Lincoin mining pool addresses on their SHA256 mining devices. Payments are allocated based on device performance during the day and are finalized daily around 1:00 am UTC for the day before. Refer to our Transparency Policy for reward calculation details. We will send the payouts according to the wallet address set by the user.

Lincoin’s liability for the mining pool product to users is determined by the currency mined, specifically Bitcoin. We assume no liability beyond the calculated payments in instances of delayed payments, changes in exchange rates, or fluctuations in financial markets.

ASIC Management and IoT Platform:

This module allows remote management of ASIC devices and other supported devices. Users need to install Lincoin Agent on a compatible device connected to their local network. Compatibility check is the user’s responsibility, and regular checks are advised.

Energy Strategy Solution:

Processes data collected from Independent System Operators’ (ISO) websites, enabling users to set rules and actions. Users can also send commands to the ASIC Management and IoT Platform based on the processed data. While efforts are made to provide accurate data, discrepancies may occur due to data unavailability, changes, or software errors.

General Disclaimer:

 

We reserve the right to suspend, terminate, or modify our products and services temporarily or permanently without prior notice.

Tax Compliance:

As a user of Lincoin’s Platform, it is imperative to acknowledge and adhere to the following tax compliance responsibilities:

Users are individually responsible for understanding and fulfilling their tax obligations in accordance with the laws and regulations of their respective jurisdictions.

Lincoin does not assume any responsibility for users’ tax obligations, and the Platform should not be considered a source of tax advice.

Any specific tax concerns or inquiries, including those related to Value Added Tax (VAT), Export and Import taxes, and Government Services Tax (GST), must be communicated with Lincoin in advance, prior to the commencement of account usage. In the absence of such communication, it is understood that all payments made by Lincoin to users encompass all relevant taxes, and Lincoin holds no tax responsibility in any jurisdiction.

By using Lincoin’s Platform, users acknowledge that It is essential to stay informed and seek professional advice.

AML Compliance:

Lincoin Technologies Inc. is committed to strict adherence to Anti-Money Laundering (AML) regulations and expects its users to comply with the following guidelines:

Users shall use their account solely for their benefit or the benefit of their entities and shall not, in any way, transfer the ownership of the account to third parties.

Engaging in any form of money laundering, terrorist financing, or other illicit activities using Lincoin’s services is strictly prohibited. Users are required to promptly report any suspicious or potentially illegal activities conducted through Lincoin’s Platform.

Lincoin Technologies Inc. places restrictions on the provision of services to individuals or entities located in or related to sanctioned countries or entities listed under the Specially Designated Nationals And Blocked Persons List. Sanctioned countries are those subject to Canadian, US, and international sanctions including but not limited to North Korea, Syria, Iran, Crimea, and Cuba.

Violation of these restrictions may result in the suspension or termination of the user’s account.

Lincoin holds no liability for any loss or damage incurred by users due to the restriction or termination of services to sanctioned countries. Lincoin reserves the right to request and verify user identification and residence information at any time in the future.

Intellectual Property:

All intellectual property associated with Lincoin’s services, including but not limited to software, content, trademarks, and any proprietary technologies, are the sole property of Lincoin Technologies Inc.

Lincoin grants users a limited, non-exclusive, non-transferable license to use the intellectual property associated with the services solely for the purpose of utilizing the services in accordance with these terms.

Users are strictly prohibited from reproducing, modifying, distributing, or creating derivative works based on Lincoin’s intellectual property without explicit written consent.

Any unauthorized use of Lincoin’s intellectual property is strictly prohibited and may result in legal action.

Users acknowledge and agree to respect Lincoin’s ownership of the intellectual property and not to claim any rights or ownership over the provided services.

Users shall not engage in reverse engineering, decompiling, or disassembling any part of the software or other proprietary technologies associated with Lincoin’s services.

Users shall not modify, adapt, translate, or create derivative works from Lincoin’s intellectual property. Additionally, users shall not remove or alter any copyright, trademark, or other proprietary notices.

Violation of the terms related to intellectual property may result in the suspension or termination of the user’s account.

Lincoin reserves the right to take legal action to protect its intellectual property rights in the case of unauthorized use or infringement.

 

Security of Digital Assets

 

Users acknowledge and accept the risk associated with holding their assets with a third party while utilizing the platform. Despite the security measures implemented for managing assets under our control, we strongly advise users to regularly withdraw their assets, avoid holding assets on the Platform, and set the lowest payout thresholds. It is important to note that the Lincoin platform is not intended to serve as a secure storage for digital assets. In the event of a security breach or a hack, Lincoin assumes no liability.

 

Privacy:

For detailed information on how user data is handled, collected, used, and protected, please refer to our Privacy Policy.

Lincoin Technologies Inc. may collect various types of user data, including but not limited to personal information provided during account creation, transaction details, record of earning and payouts, and technical information such as IP addresses.

User data is collected for the primary purpose of providing and improving our services, ensuring account security, and complying with legal requirements.

Collected data may be used to analyze and enhance the functionality, security, and performance of our services.

User data including email addresses may be used to communicate important service-related updates, and announcements, or to respond to inquiries.

Lincoin employs industry-standard security measures to safeguard user data from unauthorized access, disclosure, alteration, or destruction.

User data is not shared with third parties unless required for service provision, legal compliance, or user consent.

Users have the right to access, correct, or delete their personal information. Users can manage their preferences through their account settings.

Users may opt-out of certain data processing activities, such as promotional communications.

Lincoin Technologies Inc. adheres to applicable privacy laws and regulations to ensure the lawful and transparent processing of user data.

By using our Platform and service you give us the consent to collect and process personal and technical data related to you, your company, and your operations.

 

Payment and Billing:

For detailed information on subscription plans, pricing, and payment terms, please refer to our dedicated pricing page or section on the platform.

For the Bitcoin mining pool service, Lincoin will calculate and deduct fees from user’s payments on a dalily basis and users have the right independently audit and ensure accuracy of their earnings according to our Transparency Policy..

For our SaaS and subscription based services we accepts various payment methods for the convenience of users. Accepted payment methods are Bitcoin, major credits cards and wire transfers.

If applicable, subscriptions are billed on a recurring basis, in accordance with the selected subscription plan. Billing cycles, including frequency and dates, will be clearly communicated during the subscription signup process.

Failure to make timely payments may result in the temporary suspension of your account and access to Lincoin’s services. Continued non-payment may lead to the termination of your subscription and access to the platform.

In the event of payment disputes or discrepancies, users are encouraged to contact Lincoin’s support for prompt resolution. While a payment dispute is under investigation, account status and access to services may be affected.

If applicable, certain subscription plans may automatically renew unless canceled by the user before the renewal date.Users can cancel automatic renewals through their account settings or by contacting Lincoin’s support.

 

Termination:

Users may terminate this agreement at any time by following the termination procedures outlined in the platform or by contacting Lincoin’s support. This does not apply to cases where there is a long-term commitment stated in the user’s agreement.

Lincoin Technologies Inc. reserves the right to terminate this agreement under the following conditions:

• Violation of the terms of use, including but not limited to prohibited activities or breaches of security.
• Use of the platform to reverse-engineer our solutions or share data with our competitors
• Non-compliance with payment obligations, if applicable.
• Any other conduct deemed harmful to Lincoin’s services, other users, or in violation of legal requirements.

Upon termination initiated by the user, access to Lincoin’s services will cease, and any outstanding payment obligations must be fulfilled.

In the event of termination initiated by Lincoin, access to the platform will be immediately suspended, and users may lose access to their accounts and associated data. Users are advised to retrieve any important data before initiating termination.

Lincoin may retain user data for a reasonable period as outlined in the privacy policy or as required by local or international laws and regulations.

Users have the right to appeal a termination decision by contacting Lincoin’s support. The appeals process will be conducted in accordance with the procedures outlined in the dispute resolution section.

 

Limitation of Liability

 

While Lincoin Technologies Inc. diligently strives to offer reliable products, services, and software, we cannot assure their absolute safety, error-free functionality, or uninterrupted operation. Therefore, our liability is subject to limitations to the fullest extent permitted by applicable law. Under no circumstances will we be held liable to you for any lost profits, revenues, information, or data, or for consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms.

Lincoin’s liability, regardless of the form of the action, shall be restricted to the amount paid, if any, by you to Lincoin within the six (6) months preceding the occurrence of any cause of action. It is important to acknowledge that certain state laws and international regulations may not allow limitations on implied warranties or the exclusion or limitation of specific damages. If such laws apply to you, some or all of the above disclaimers or limitations might not be applicable, and you may retain additional rights.

The Platform is provided ‘as is,’ without any warranties or guarantees of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.”

Indemnification:

 

You agree to defend, indemnify, and hold Lincoin Technologies Inc., including its subsidiaries, affiliates, officers, agents, partners, and employees, harmless from any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:

• Your Contributions.
• Your use of the Platform.
• Breach of these Terms of Use.
• Any breach of your representations and warranties as stated in these Terms of Use.
• Your violation of the rights of a third party, including intellectual property rights.
• Any overt harmful act toward any other user of the Platform with whom you connected via the Platform.

Despite the above, Lincoin Technologies Inc. reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us. You agree to cooperate, at your expense, with our defense of such claims. We will make reasonable efforts to notify you of any such claim, action, or proceeding subject to this indemnification upon becoming aware of it.

 

Dispute Resolution:

In the event of any dispute, claim, or controversy arising out of or relating to these Terms of Use, the parties agree to first attempt to resolve the matter informally and in good faith.The party raising the dispute shall provide written notice to the other party, outlining the nature of the dispute and seeking resolution through negotiations.

If the dispute is not resolved through informal negotiations, both parties agree to submit the dispute to non-binding mediation. The mediation shall be conducted by a neutral third-party mediator agreed upon by both parties or appointed by a mutually agreed-upon mediation provider.

If mediation does not lead to resolution, any unresolved dispute shall be submitted to binding arbitration in accordance with the rules of a recognized arbitration provider agreed upon by both parties.

The arbitration shall be conducted by a single arbitrator, unless both parties agree to a panel of arbitrators. The decision of the arbitrator(s) shall be final and binding.

Any legal proceedings arising from or related to these Terms of Use shall be subject to the jurisdiction of the courts in the British Columbia, Canada without regard to its conflict of law principles. The venue for any legal proceedings shall be Vancouver, BC, Canada unless agreed upon otherwise by both parties.

Updates and Changes:

Lincoin Technologies Inc. reserves the right to make updates, modifications, or changes to the Platform and its website, including the Terms of Use and Privacy Policy, without prior notice.

Users are advised to check for updates regularly to stay informed about any changes in the services, features, or terms.

The “Effective Date” at the top of these documents reflects the last date of modification and shows the date this Terms of Use and its related terms is legally binding. It is recommended to review this date regularly for awareness of any recent updates.

Governing Law:

These Terms of Use and the Privacy Policy are governed by and construed in accordance with the laws of British Columbia, Canada, without regard to its conflict of law principles.

 

Miscellaneous:

Neither party shall be liable for any failure to perform its obligations where such failure is as a result of Acts of Nature (including fire, flood, earthquake, storm, hurricane, or other natural disasters), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power, confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labor dispute, strike, lockout, or interruption or failure of electricity or internet or failure in third party data centers, failure or change in third party data providers such as ISOs, accidents such as air and road accidents limiting the ability of each party to fulfill its duties.

The affected party shall promptly notify the other party, providing details of the circumstances and the expected duration of the force majeure event.

Both parties shall use reasonable efforts to mitigate the impact of the force majeure event on the performance of their respective obligations.

No failure or delay by either party in exercising any right, power, or remedy under these Terms of Use or the Privacy Policy shall constitute a waiver of that right, power, or remedy.

The waiver of any such right, power, or remedy shall not be construed as a waiver of any other right, power, or remedy, and shall not prevent the subsequent exercise of that right, power, or remedy.

If any provision of these Terms of Use or the Privacy Policy is found to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired.

The invalid, illegal, or unenforceable provision shall be modified or replaced with a valid, legal, and enforceable provision that most closely reflects the intent of the original provision.

Contact Information:

You may contact us about this agreement by sending an email to support@lincoin.com

Last updated: Jan 28th 2024