General contractual provisions of XBit GmbH, Kantonsstrasse 157, CH-8807 Freienbach SZ

Praambel: XBit GmbH (henceforth called XBit) offers the possibility (henceforth called “hosting” or “packages”) for the operation of specialized IT devices (henceforth called “computers”) in own or rented locations. The customer would like to place computers purchased from XBit or computers purchased by the customer himself at such a location. The computers are always the property of the customer. The products of the computing power flow completely to the customer (except so-called net hosting). The customer concludes the following hosting or mining package agreement with XBit. In case of contradictory provisions, the following order of precedence applies: 1. individual contract, 2. special provisions of the GTC, 3. general provisions of the GTC. The customer’s AGB are excluded. AGB of free versions are replaced by the present ones. These GTC as well as any future amendments to these GTC shall come into force on the first possible date of termination from the date of notification of the amended provisions.

1. Service description: XBit provides a separate place for each computer. XBit connects the computer to the power supply system and connects the computer to the technical infrastructure required for operation. XBit regularly monitors the operating status of the computer. The object of the service and thus the content of the contract is the connection and the maintenance of the operational readiness (as far as technically possible). All technical facilities outside of XBit’s sphere of influence, in particular transmission networks for electricity as well as the decentralized cryptographic data networks themselves, are not subject matter of the contract. The warranty services of the customer’s terminal devices as well as the warranty conditions of the installed hardware and installed software are the responsibility of the manufacturers of this hardware, not XBit. Disturbances or defects, which occur outside of the XBit systems or are in the area of responsibility of third parties, are not part of the content of the contract and therefore do not cause any legal consequences for the contractual relationship. In principle, the services are available to the customer 24 hours a day, 7 days a week. Agreements and cancellations of a technical nature, which lead to impairment of the services, are reserved. XBit can, if necessary, call in third parties to perform the service or commission them to perform the service. The customer will normally be informed of this or disclosed when the contract is concluded (via description in the hosting or package agreement). XBit will carry out the evaluation and ongoing control of the third party with due diligence (namely security, insurance benefits as well as service fulfillment goals of the commissioned third party).
2. scope of the contract: 1. XBit is responsible for the connection and, if possible, for the regular maintenance of the computers mentioned under point I. 2. XBit accepts all inquiries, defect reports and other functional disturbances from the customer and undertakes the necessary actions to ensure the operation and the scope of services of the affected systems within a reasonable period of time as far as possible. XBit will exclusively arrange for any possible deployment of specialists from the manufacturer concerned. 3) It is left to the discretion of XBit to have any maintenance work or activities to remedy a fault carried out by its own personnel or to claim the support of the system manufacturer concerned. In the event of a failure, XBit will inspect the situation on site within industry-specific reaction times and initiate the necessary measures to rectify the failure. 5) Until the complete payment of the purchase price by the customer for a device or mining package, the EDP products (computers) remain the property of Xbit. 6. user training in the functional area as well as user training are not subject of this agreement. 7) XBit provides the agreed services within the framework of the financial and personnel resources at its disposal according to the current state of the art. XBit cannot take responsibility for the uninterrupted and correct provision of the services. In the case of cancellations regarding the use of services, the participant only has the right to withdraw from this contract, provided that he/she informs XBit Ober of the cancellation immediately in writing and twice sets a reasonable deadline for the correction. Indicated interruptions of the services, especially due to relocation of the hardware (computer), software updates as well as maintenance work of the Network and electricity providers are not considered as interruptions. Unless otherwise contractually agreed, the right to use hosting services is non-exclusive and non-transferable and limited to the number of computers agreed in the contract.

Ill. obligations of the customer 1. the customer assures that the oats indicated by him are correct and complete. He commits himself to inform XBit about changes of the communicated data and, upon XBit’s request, to confirm the current correctness within 7 days after receipt of the message. This applies in particular to the customer’s name, address, e-mail address, telephone number as well as bank details or wallet ID. The customer is obligated to change his passwords regularly and to keep them and his other access data carefully, to keep them secret and not to make them accessible to third parties. The customer is responsible for the proper security of his digital values and stores them outside of the XBit system. XBit assumes no liability for these values and data. 4) The customer is obligated to retrieve and read the incoming messages in his e-mail inbox at regular intervals. 5) The customer is obligated to test the connected computers for their functionality after connection to XBit and to accept the connection of the computer. This is normally done by overpricing the computing power itself or by checking the products from the computing power. The customer is obligated not to impair the functionality of the systems of XBit and its customers. Violations of the system and network security are contractual violations for which the customer is liable. 7) The customer assures explicitly that the use of the services/products offered by the provider does not violate his home law.

1. Fees 1. XBit agrees on a periodic lump sum. The periodic flat rate covers the space rental, the connection of the computer to the power supply and Internet as well as the electricity costs of the computer. Periodic maintenance work and other expenses, which are carried out within the scope of normal maintenance, are included in the price. 2. additional requirements of the customer regarding new configuration, functional changes or similar will be determined separately by XBit after prior confirmation by the customer according to the hourly rate in point IV. Item 3 will be invoiced. 3. conditions: The fee for agreed-upon additional and directorial work: CHF 250/hour 4. expense calculation: time expenditure in connection with additional requirements according to point IV. V may also include travel time. 5. regulation of expenses: Expenses are generally borne by XBit. In exceptional cases, in which expenses are incurred due to a direct order of the customer, they can be charged to the customer with prior agreement. 6. invoicing and/or periodic billing of the hosting fees is carried out according to the agreed upon turn us BEFORE the beginning of the respective period. Additional work will be invoiced according to a written offer, payable in advance. 7th mode of payment: The hosting fee for the duration of the contract as well as the amount owed for so-called mining packages are payable in advance. The computers will only be activated after receipt of payment, directing and additional work will be invoiced according to the written offer, payable in advance. 8. transport/dispatch: When hosting devices not purchased via XBit, the customer takes over all transport and dispatch costs and is responsible for ensuring that the delivery is delivered undamaged and complete. Damaged and incomplete deliveries will not be accepted and any costs incurred will be charged to the customer. XBit is not liable for incorrectly packed and/or damaged deliveries caused by the owner, third parties or transport. Costs for customs, transport and any other costs are at the expense of the customer. For mining packages, the costs for transport and delivery are included and no further costs arise. If the client changes the contract (delivery to a different location), transport costs and fees are to be borne by the client. 9. net payment (operation of the computer without advance payment): In case of mining without advance payment the hosting fees will be deducted from the revenue. If the yield achieved is lower than the hosting fees the client will not be paid any more. Payment and settlement will be made on the 20th day of each month.

Payment is made to the personal wallet of the Customer. Billing and notification is carried out by e-mail via PDF with the relevant payout information (receipt). The Customer shall bear the various disadvantages of this solution himself/herself. In contrast to guaranteed hosting, the hosting provider is free to switch off the device temporarily if the costs fall below the cost-covering threshold until the device covers its costs again. The customer is therefore aware of the reduction in his revenue, even if the cost-covering threshold is (again) exceeded on the 20th day of the month. 10. the service fees are due for electricity, room costs, security, various legal fees, software, maintenance and 1/2 General contractual provisions of XBit GmbH, Kantonsstrasse 157, CH-8807 Freienbach SZ Construction and dismantling work, administration and insurance. 11. in the case of mining without advance payment, the contracts can be changed to a periodic miner hosting contract at any time at the end of the month at the customer’s request in writing. A change from periodic settlement to net payment is NOT possible.

9. Contract duration (start, duration, termination and extension) The contract with the customer is concluded or XBit is only bound when XBit has confirmed the legally binding signed contract by the customer on its conclusion. XBit determines the beginning of the customer’s use of services at its own discretion. In the case of periodic mining packages, the service use (duration) begins from the moment the device is connected to the network (electricity AND Internet). Malfunctions of the device as well as maintenance and repair work and further Griinde mentioned in the GTC do not interrupt the period. XBit is not liable for delayed delivery of goods and equipment by third parties. The liability for damages or consequential damages (especially for lost profits) is excluded by XBit, as far as permitted. Periodic mining packages are purchased with a fixed term. After expiration of the term, the contract will be automatically REQUESTED. A contract change or cancellation must be communicated to XBit in writing at least one month before the end of the contract period (at the end of the current period agreed upon as the term). A contract extension can be newly concluded at any time at the end of the current period (term). If the hosting fee is not paid to XBit in time by the customer, XBit has the right to discontinue the hosting service and to remove the affected computers from the network. Any costs for space rental will be charged separately to the customer. The customer is free to terminate the hosting contract at any time with one month’s notice to the end of the month. Payments already made in the form of hosting fees will not be refunded. XBit is obligated to remove the computer from the network and pack it ready for shipment in case of a cancellation or after the expiration of a mining package. Costs and organization of the collection are the responsibility of the customer. For important reasons, XBit can cancel the service contract at any time with immediate effect. VI Warranty: There is no warranty claim for software licenses. Depending on the agreement, services during the warranty period will be provided either by the technical service of the respective hardware manufacturer in accordance with the provisions of a separate hardware maintenance contract of the respective manufacturer or, with cost implications for the customer, by our technical service in accordance with the provisions of the manufacturer. The warranty does not include: 1) General improper handling and use of the products by the customer as well as external influences, such as damage caused by failure due to manufacturer’s instructions, air conditioning systems necessary for operation, etc. 2) XBit expressly does not assume any guarantee for the profitability of the product. The customer acknowledges that he/she has no claim against XBit on the basis of this contract for a certain yield and that XBit does not guarantee such services or a value thereof. The customer also acknowledges that he is the sole economic beneficiary of the crypto currencies generated by his hardware. The billing of the fees for net hosting is carried out according to the waiver declarations made with the customer in accordance with point IV item 9. The customer’s warranty rights result from the contractual conditions of the third-party supplier and manufacturer. The customer’s warranty rights against XBit consist exclusively of the fact that XBit claims the warranty rights from the third-party supplier and manufacturer according to their contractual conditions. If the manufacturer or supplier does not voluntarily fulfill his warranty obligation, XBit assigns all warranty rights to the customer for enforcement. Any further warranty and liability of XBit is, as far as legally permissible, excluded.

VII Liability: As far as legally permissible, XBit excludes any liability for direct and indirect damage or consequential damage as well as for the auxiliary persons employed by XBit to fulfill the contract. It is the customer’s responsibility to protect the access data in his possession for computer systems and devices used for XBit services, as well as the data used for this purpose or accessible through XBit services, including program data, from unauthorized access and manipulation. XBit assumes no liability for the misuse of its communication infrastructure by third parties or interventions of third parties (including computer viruses). XBit cannot guarantee that its services will be available over the Internet or other networks without interruption and that the networks will transmit the data requested by the customer correctly and without delay. XBit assumes no liability for delayed delivery of goods and equipment. XBit shall not be liable for damages or consequential damages (especially for lost profits), as far as permissible. XBit assumes no liability for damages or consequential damages (especially for lost profits or other financial losses), which are caused by third parties commissioned by XBit to perform services. Any possible claims against third parties are fully assigned to the customer. VIII. Assignment: Rights and obligations from the contract can only be assigned to third parties with XBit’s written consent. Excluded from this provision: Assignment of the contract by XBit to a legal successor or affiliated company. IX Severability Clause: Should parts of this contract be or become invalid, the validity of the provisions is not affected. Instead of the ineffective or invalid provisions, the relevant legal provisions shall apply accordingly.

1. Place of jurisdiction This contract is subject to Swiss law. Place of jurisdiction is Freienbach, Switzerland.

The customer confirms that he has taken note of all the contractual points on which this agreement is based.