Please read and agree to all the rights and restrictions stipulated in the Frogpool Service Protocol (hereinafter referred to as “this Protocol”) before you start using Frogpool (hereinafter referred to as "this Product").
Maopan Inc. and its affiliates (hereinafter referred to as "we” or “us”) always respect and are committed to protecting the legitimate rights and interests of users (including user privacy and user data, etc.) when using the products.
This Product includes but not limited to Frogpool and its related software (including Frog Miner software operating system and mobile app) and other related products developed by Maopan Inc. All intellectual property rights related to this Product (including all copyright, patent and trademark rights of this Product) are owned by Maopan Inc. (or its licensors).
This Protocol (including the Privacy Policy at the end of this article and other notices and explanation documents of this Product) is the final, complete and exclusive protocol between the user (including natural persons, legal persons or other organizations that obtain this Product through various legal channels, hereinafter referred to as “User” or "you") and Maopan Inc. on matters related to this Product, and supersedes or merges the previous discussions and protocols between the parties concerning above-mentioned matters. This Protocol will be legally binding on the User, and you have promised and guaranteed that you have the right and ability to enter into this Protocol. Users will be deemed to have accepted this Protocol if they start to use this Product. Please carefully read and fully understand the terms and conditions of this Protocol, including disclaimer that exempts and limits the liability of Maopan Inc. and limitation of user rights (you must be at least 18 years to use this Product. Minors blow 18 years old shall be accompanied by a legal representative when reviewing and using this Product and the legal representative shall agrees to this Protocol). Don’t use this Product if you can’t accept all the terms of this Protocol.
1、 End User Protocol
1.1 License
Subject to this Protocol, this Product grants you the following non-transferable, non-exclusive authorizations:
1.1.1 The right to use this Product;
1.1.2 The right to download, install, and use this Product in all your network communications.
1.2 Restrictive terms
Your authorization under this Protocol will be subject to the following limitations:
1.2.1 You shall not license, distribute or make other commercial uses of this Product in any form;
1.2.2 Unless otherwise expressly provided by law, you may not modify, translate, adapt, combine, utilize, decompose, transform or reversely compile any part or derivative of this Product;
1.2.3 You shall not use this Product for the purpose of creating identical or competing services;
1.2.4 Unless otherwise expressly provided by law, you shall not produce, copy, distribute, upload, download or display any part of this Product in any form or method;
1.2.5 You shall not delete or damage any intellectual property claims or other ownership marks contained in this Product;
1.2.6 Except to the extent expressly authorized in Section 1.1, no use or utilization of this Product is expressly or implicitly authorized.
1.3 Ownership of rights
1.3.1 We license you to download and use this Product as permitted by law;
1.3.2 We (and our "Licensors") own all intellectual property rights and other interests related to this Product.
1.4 Fees
You must bear the communication fees, information fees and other related fees charged by personal Internet access or third parties (including but not limited to telecommunications or mobile communication providers). If telecom value-added service is involved, it is recommended that you check with the value-added service provider for related fees.
1.5 You agree that any updated or future versions, updates or other changes to this Product will be bound by this Agreement.
2、User content
2.1 User content
2.1.1 User Content means all content produced by the user when this Product is published or otherwise used by the user (such as pictures, texts, data or any other content); you must guarantee that you own the copyright of the content you upload or have obtained legal authorization, and that your use of this Product and services does not infringe the legitimate rights and interests of any third party.
2.1.2 You understand and agree that Maopan Inc. will not be liable for user actions. All risks arising from the use of this Product and services shall be borne by you. Maopan Inc. does not guarantee the applicability, legality, safety or non-toxicity of this Product and services in any form. If you find any illegal behavior in this Product and services, you are obliged to report it to Maopan Inc. in a timely manner.
2.1.3 Users shall not use this Product and services to intentionally create and spread computer viruses and other destructive programs, and shall not cause interference or confusion to the service, the servers or networks connected to this Product and services, or violate any requirements, procedures, policies or rules of the networks connected to the software and services. Otherwise, Maopan Inc. reserves the right to pursue legal liability and submit the case to relevant authorities.
2.1.4 In case the User violates national laws and regulations or the terms of this Agreement, Maopan Inc. shall have the right to stop providing services to the Users without any liability. If Maopan Inc. or any other person suffers any damage or any dispute, lawsuit or claim from any third party, the User shall compensate Maopan Inc. or such other person for the corresponding losses, and the User shall be fully liable for all consequences arising from the violation of the service terms. Maopan Inc. reserves the right to identify and delete any articles, materials, pictures, charts and other contents posted by the User that fail to comply with national laws, regulations and policies or the service terms without prior notice to the User.
2.1.5 You are solely responsible for your user content and shall bear the risk that you or any third party will be identified as a result of the disclosure of your user content;
2.1.6 You have agreed that your user content is subject to Section 3.
2.2 Feedback
2.2.1 Your proposal to Maopan Inc. (or "feedback") shall be deemed to be your commitment and guarantee that you have the right to grant Maopan Inc. an irrevocable, non-exclusive, royalty free worldwide license or that you have paid royalty or fees in full to the right holder, Maopan Inc. may use this feedback and relevant information in any reasonable manner. Meanwhile you promise and guarantee that the above feedback does not infringe the intellectual property rights or any rights and interests of others, and such feedback information is non-confidential and non-exclusive;
2.2.2 You have agreed that you will not provide Maopan Inc. with any information that you deem contingent confidential and proprietary.
2.3 We reserve the right (non-obligatory) to examine the content shared by the User based on our judgment and remove any content that violates laws, regulations and relevant policies of the People's Republic of China;
2.4 Frogpool, Frog Miner Services
2.4.1 By using Frogpool or Frog Miner, you agree to these terms, allowing us to access your miner's network status, hard disk netspace, computing power, farmland, system version, miner information and other data.
2.4.2 Withdrawal shall be carried out within the prescribed time (the specific time is subject to the notice/announcement of this Product). You need to withdraw coins after confirming the correctness of the withdrawal address. If the address is wrong or the wallet address of others is incorrectly entered, we will not take any responsibility for the failure of withdrawal or receipt of coins. When the minimum withdrawal amount can be reached and sufficient handling fee is paid, the specific arrival time depends on the network congestion.
2.4.3 After you log in to Frogpool, the digital currency in your personal account you see on Frogpool will only be owned by you after you successfully withdraw it. The digital currency displayed on Frogpool website is only a numerical value. The digital currency is owned by Frogpool until it is withdrawn to the address specified by you. You agree that Frogpool reserves the right to dispose of all digital currency in its background account at its discretion and to set your digital currency value to zero or disable your withdrawal in case you violate the rules of Frogpool website.
2.4.4 Maopan Inc. reserves the right to change its mining algorithm and earning distribution rules at any time.
3、Limitation of rights
3.1 You agree to use the relevant services in this Product by sharing or otherwise, and in the process of use, you will assume all risks and all legal liabilities arising from the following behaviors:
3.1.1 Undermine the basic principles established in the Constitution;
3.1.2 Endanger national security and disclose state secrets;
3.1.3 Violate public order or good customs;
3.1.4 Disseminate obscenity, pornography, gambling, violence, murder, terror or instigation of crime;
3.1.5 Insult or slander others or infringe upon the lawful rights and interests of others;
3.1.6 Contain other contents prohibited by laws and administrative regulations.
3.2 You agree not to engage in the following behaviors with this Product:
3.2.1 Publish, transmit, disseminate or store content that infringes upon others' intellectual property rights, trade secret rights and other legal rights; publish or share computer viruses, worms, malicious code; deliberately damage or alter computer (this Product) systems or data software; other contents that may cause harm to this Product or affect its stability; or create false identity to mislead or deceive others;
3.2.2 Collect information or data of other users, such as E-mail addresses, without legal authorization of relevant right holders;
3.2.3 Maliciously use this Product in an automated manner, cause undue burden on the server or otherwise interfere with or damage the website server and network connection;
3.2.4 Attempt to access server data or communication data of this Product without authorization;
3.2.5 Interfere with or disrupt the normal use of other users of this Product;
3.2.6 Modify or forge instructions, data and packets in the operation of this Product; add, delete or change the function or operation effect of the software.
3.3 If you have any of the above violations or infringements, we have the right to terminate their right to use the products.
4、Modifications and adjustments
4.1 Modification
4.1.1 This Protocol is subject to change from time to time based on changes in the relevant market and laws and regulations. In case of any material change to this Protocol, we will notify you through the announcement of this Product. If you continue to use this Product after the change, it will be deemed that you agree to be bound by the terms of this Protocol after the change;
4.1.2 Maopan Inc. reserves the right to modify, retain or close any services of this Product at any time without notice;
4.1.3 You hereby agree that Maopan Inc. shall not be liable to you or any third party for modifying, retaining or closing any services of this Product.
4.2 Termination
4.2.1 This Protocol shall come into effect from the date you accept it and shall remain valid during your use of this Product until the service of this Product is terminated or otherwise terminated pursuant to this Protocol;
4.2.2 Notwithstanding the foregoing, if you use this Product prior to your acceptance of this Protocol, you hereby acknowledge and agree that this Agreement takes effect when you first use this Product;
4.2.3 (1) We may reserve your use of this Product as required by law; (2) With or without notice, we may terminate this Protocol (terminate the license for you to use this Product) at any time for any reason, including believing in good faith that you have violated our Acceptable Use Policy or other provisions of this Protocol;
4.2.4 Not subject to the provisions of the preceding paragraph, if the User infringes upon the intellectual property rights of a third party and upon receipt of the notice from the intellectual property owner or its agent, Maopan Inc. reserves the right to terminate this Protocol.
4.2.5 Upon termination of this Protocol, your right to use this Product shall terminate. You shall be aware that termination of this Product means that the data such as your user content and usage history will be removed from our database. Maopan Inc. shall not be liable to you for termination of this Protocol and the services, including deletion of your user content, etc.
5、Third parties
5.1 You acknowledge or agree that some of our services are obtained based on technical support from third parties.
For example, Apple iOS, Google Android. You understand that this Protocol is made into between you and Maopan Inc., and not between you and the said third parties. Maopan Inc. is solely responsible for the content, maintenance, support services of this Product, and the litigation arising therefrom. You agree to abide by and agree that Maopan Inc. restricts your conditional use of the services of this Product.
5.2 Third-party information and services
This Protocol is subject to change from time to time. In case of any material change to this Protocol, we will notify you through the announcement of this Product. If you continue to use this Product after the change, it will be deemed that you agree to be bound by the terms of this Protocol after the change.
5.2.1 This Product contains some information and services of third parties. Maopan Inc. does not control and is not responsible for the information and services of any third party and has no obligation to inspect or monitor the content;
5.2.2 Maopan Inc. only provides the service information of the third party for your convenience or to meet the needs of the third party, and the corresponding service is actually provided by the third party;
5.2.3 You are legally liable for the risks arising from your use of third-party information and services;
5.2.4 The terms and policies of the third party apply when you visit and browse the information of the third party and use its services.
5.3 Other Users
5.3.1 This Product contains user content provided by other Users. This Product does not control and is not legally liable for user content. Maopan Inc. has no obligation to inspect, monitor, review, approve, commit to, and guarantee user content. You are legally liable for risks arising from your use of user content and interaction with other users;
5.3.2 Your interactions with other Users are solely between you and other Users, for which Maopan Inc. shall not be liable. You understand and agree that Maopan Inc. is not liable for the results of such interactions.
6、Compensation
6.1 You agree to use this Product in a manner that does not infringe upon Maopan Inc. and protect Maopan Inc. from any complaints, lawsuits, losses, damages, liabilities, costs and expenses (including attorney's fees, litigation/arbitration fees, preservation fees, notary fees, evidence collection fees and travel expenses) from any third party arising from or in connection with the following acts; direct losses such as liquidated damages, compensation or fines payable to a third party; and loss of anticipated profits):
6.1.1 Your use of this Product;
6.1.2 Your user content;
6.1.3 Your breach of this Protocol.
6.2 Maopan Inc. reserves the right of defense and the right to claim damages.
6.3 You agree that you may not settle unilaterally in a lawsuit jointly filed by you and Maopan Inc. against a third party, except with the written consent of Maopan Inc.
6.4 Maopan Inc. will use reasonable efforts to notify you of such proceedings, actions or conduct.
6.5 In no event shall this Product be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages arising from this Protocol. You shall bear the risk of damaging the computer system or mobile device database caused by accessing or using this Product.
7、Disclaimer
7.1 Maopan Inc. and its products shall not bear any legal responsibility in the following circumstances:
7.1.1 Provide your personal information as required by law or by relevant government departments;
7.1.2 Disclosure or loss of any personal information due to your improper use;
7.1.3 Any service interruption or obstruction incurred by hacker attack, computer virus intrusion, illegal content information, shielding of harassment information, government regulation and any other network, technology, communication line, information security management measures that results in failure to meet the requirements of Users;
7.1.4 Loss of the User due to communication line failure, technical problem, network failure, computer failure, system instability of a third party such as the operator and other losses caused by force majeure;
7.1.5 Risks of anonymous or pseudonymous information containing threatening, defamatory, offensive or illegal content from others arising from the use of this Product’
7.1.6 We hereby declare that we do not guarantee the timeliness, safety and accuracy of this Product and the services provided by our partners, explicitly or implicitly or in any form.
7.2 For the risks from the issuer of the digital currency project and the project itself, including but not limited to the hard fork caused by the change of the consensus mechanism of the project, the decline of the price of the digital currency, and the strengthened supervision of the digital currency activities in your country (region) and other risks not blamed on Frogpool, Frogpool bears no responsibility. The above risks are borne by you. For any loss caused to Frogpool, Frogpool has the right to claim compensation from you
7.3 In case of any damage to any third party caused by your alleged violation of the commitments or provisions hereof, you shall independently assume all legal liabilities in your own name and indemnify Maopan Inc. from any losses or additional costs incurred thereby.
7.4 You understand and agree that Frogpool will make every effort to ensure consistent and secure use of the site with the available technology and conditions; However, Frogpool can’t anticipate and guard against legal, technical and other risks at any time, including but not limited to force majeure, massive virus, Trojan and hacker attacks, system instability, third-party service defects, and government regulation that may lead to interruption of use of the site, data loss and other losses and risks.
8、Applicable laws
8.1 This Protocol shall be governed by the laws of the People's Republic of China.
8.2 If any dispute arises between you and Maopan Inc. in connection with this Agreement or this Product, it shall be settled through friendly negotiation. If the negotiation fails, either party shall have the right to file a lawsuit to the court.
9、Independence
If certain provisions of this Protocol are not applicable or deemed invalid for any reason, other provisions of this Protocol shall continue to apply and those provisions that fail to be applicable shall be amended so that they can be valid as per the law.
10、Integrity
10.1 This Agreement (including Privacy Policy) is the final, complete and exclusive agreement between you and this Product regarding matters related to this Product and supersedes and merges prior discussions and agreements between the parties regarding such matters (including prior end-user licenses or authorizations, service terms and Privacy Policy).
10.2 The heading of each clause is for reading purpose only, without any legal or contractual obligation.
10.3 You may not assign your rights and obligations under this Protocol (under this Product) except with the written consent of Maopan Inc. Any attempt to transfer in contrary to the above provisions shall be null and void, and your obligations under this Protocol shall not be waived or transferred due to your transfer.
10.4 If you have any questions or suggestions about this Protocol or the rules of the platform, please contact us for communication and confirmation.
Contact: chia@frogpool.io;
This Protocol is updated on September 29, 2021
【Note】
If you log into Frog Miner and sign up, you will be deemed to have agreed to the foregoing Service Protocol, which is effective immediately and constitutes a binding legal document between you and Maopan Inc. and its platforms. If you disagree with the content of this Protocol, you must stop using this Product; otherwise, you shall still bear all responsibilities in accordance with this Protocol.
Please reconfirm that you have read and fully understood the above protocol before using this Product.
Copyright © 2021 Maopan Inc.
