braiins os customer
support agreement

1. SCOPE

1.1. This Agreement governs any Support provided by Braiins to You regarding the Software.

1.2. This Agreement is legally binding. By requesting any Support from Braiins, You accept all the terms and conditions set out in this Agreement, so please, read this Agreement carefully.

1.3. If You do not agree with any of the terms and conditions of this Agreement, do not request the Support.

1.4. Braiins reserves the right to change or amend the terms and conditions of this Agreement at any time. In such case, Braiins will always notify You of any changes and amendments on the easily accessible designated part of the Website, so please, visit the Website regularly. On the Website on the front page of this Agreement Braiins will always post a date when this Agreement was last updated and published.

1.5. The use of the Software and Updates including any Updates created as a result of Support provision hereunder is governed by a separated Software License Agreement.

2. DEFINITIONS

2.1. Any capitalized terms used in this Agreement shall have the meaning given to them in the Definitions section hereof unless explicitly stated otherwise:

“Braiins” or “we” refers to the commercial company Braiins Systems s.r.o., with its registered office at Křižíkova 148/34, Karlín, Prague 8, Czech Republic, Id. No. 241 47 931, registered in the commercial register kept by the Municipal Court in Prague under file No. C 183056.

“You” refers to any individual or legal entity downloading, copying, installing or otherwise using or intending to use all or any portion of the Software.

“Software” refers to a Linux based operating system for cryptocurrency mining devices called “Braiins OS+” downloaded from Website or otherwise provided to You and any copies and Updates thereof.

“Updates” refer to any upgrades, updates, patches, hotfixes and additions and modified or additional versions that replace or supplement the original version of the Software, unless Braiins states that they are not included under the licenses granted hereunder and are instead licensed separately under different terms. Updates may include both additions to, and removal of, any particular features or functionality offered by the Software or may replace it entirely. The content features and functionality of the Updates as well as their frequency are in sole discretion of Braiins. However, Braiins has no obligation to make any Updates available to You.

“Agreement” refers to the agreement on provision of Support concluded between Braiins and You when You request the Support. The terms and conditions of the Agreement are set out herein and any other terms and conditions agreed upon when You requested the support constitute an integral part of this Agreement as well.

“License” refers to the license granted to You to use the Software under the Software License Agreement that You have agreed to before downloading and/or using the Software.

“Support” refers to any technical support, consultations and other services or advice provided to You hereunder via internet, phone or otherwise regarding a download, installation, use of and any other issues related to the Software. Support is in more detail specified in the section 3 of this Agreement.

“Business days” refers to a period of every week from Monday to Friday except for the national holidays of the Czech Republic.

“Business hours” refers to a period of every Business day from 9 AM to 5 PM (Czech Republic time).

“Website” refers to a website braiins.com/os/plus and any subdomains thereof.

2.2. The section headings in this document are for Your convenience only and shall not govern the meaning or interpretation of any terms and clauses herein.

3. SUPPORT

3.1. You may request Support regarding any of the following:

3.1.1. You may request information about current and upcoming features of the Software (please, be aware, that Braiins is not obliged to share information about upcoming features, but Braiins may decide to do so voluntarily).

3.1.2. You may request a Support regarding any errors, bugs or malfunctions in the Software.

3.1.3. You may request a Support regarding downloading, installing, setting up and using the Software.

3.1.4. You may request information on the License, this Customer Support Agreement and on any other business cooperation between Braiins and You.

3.2. The Support is provided free of charge to any customer using the Software or attempting to use the Software provided they are duly paying the licensing fees under the License provided to use the Software.

3.3. Any related costs and expenses (such as costs of any third-party software that You must purchase in order to resolve the issue) are borne by You. Braiins will not incur any such costs without having Your prior consent first.

3.4. Support is only available during the Business days and during the Business hours.

3.5. Braiins shall not be responsible for providing Support to the extent that issue about which You have requested the Support arose because You have (i) misused, mis-configured, altered, or damaged the Software; (ii) used the Software with any hardware or software not recommended by Braiins; (iii) failed to install an Update to the Software if such Update would have resolved the Issue; or (iv) otherwise used the Software in a breach of the granted License.

3.6. Braiins shall not provide the Support in relation to the operation or use of third-party hardware or software or Software modified by any party other than Braiins even if such software and hardware related to the Software.

3.7. Be aware, that this Agreement sets out general terms and conditions of Support applicable to every customer using the Software. In the event You are interested in more favourable terms of Support (for example if You are one of VIP customers), please do not hesitate to contact us as Braiins may be able to prepare an individual service level agreement with more favourable terms.

4. REQUESTING SUPPORT

4.1. This Agreement governs any Support provided to You regarding the Software via any communication channel including, but not limited to, the communication channels listed below.

4.2. You must lodge any request for Support via any of the following communication channels:

4.2.1. Email: help@braiins.com

4.2.2. Telegram: https://t.me/BraiinsOS

4.2.3. Support request form: help.braiins.com/en/support/tickets/new

4.3. Braiins strongly advises You to request the Support as soon as possible after an issues arise since any delays may cause additional impact.

4.4. You must state all the relevant information in the Support request including, but not limited to:

4.4.1. Your contact information that Braiins will use to communicate with You during the Support procedure (this must include at least Your email address and may optionally include You name and other contact information);

4.4.2. Information about the version of the Software that You use;

4.4.3. complete description of Your issue (this may include any error messages, description of Your actions at the time when issue occurred, steps You have already taken to solve the issue, any relevant log files etc.);

4.4.4. attach files illustrating Your issue.

4.5. Upon requesting the Support, Your ticket will be assigned a reference number. Keep this reference number as You may be asked to provide it again during the Support process. If you fail to provide the reference number at any time during the Support process, Braiins may choose not to follow through on the Support request.

4.6. Sometimes, Braiins figures that You might be in a need of Support even though you have not requested it (for example by reviewing a data on Your mining activities, if You mine at Braiins Pool). In that event, Braiins may notify You thereof and the Support is then considered as requested by You at the moment when You reply to such notification and request the offered Support.

4.7. To avoid any doubts, You agree that Braiins is under no circumstances obliged to monitor, whether You may be in a need of Support. If Braiins does so, it is on a goodwill basis and it is not legally bound to do so.

5. RESPONSE TIME

5.1. Upon receiving any Support request, Braiins classifies it according to the severity of the issue as illustrated below. Please, be aware that the classification the illustration is indicative only and it is in Braiins sole discretion to classify the severity of the request.

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1st level

(low priority)

- General questions regarding the Software and its use

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2nd level

(medium priority)

- Software performance issues (still operational)

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3rd level

(high priority)

- Software performance issue (not operational)

- Software is impacting other applications or data

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5.2. Based on the request classification, the Braiins response times shall be as follows. Please, be aware that the response times are indicative only and although Braiins always attempts to send You a response in time, any failure to do so may not be considered as a breach of this Agreement.

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1st level

(low priority)

- 4 Business days (96 Business hours)

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2nd level

(medium priority)

- 2 Business days (16 Business hours)

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3rd level

(high priority)

- 1 Business day (8 Business hours)

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5.3. Within the response time, Braiins will contact You regarding Your request, notify You of an estimated time frame necessary to solve the issue (if solvable) and initiate steps to solve Your issue. This step of the procedure is finished, when Braiins sends You the message to the provided email / Telegram address regardless of the time, when You actually received it and read it.

5.4. Please, be aware that the nature of the issues varies greatly and Braiins may not and does not guarantee that every issue will be solved during the Support procedure or that it will be solved in the estimated time frame provided with first response.

5.5. In the event Your issue will not be solved during the estimated time frame, Braiins will ordinarily notify You of a new estimated time frame and provide You a reason for delay.

5.6. In the event Your issue may not be solved by Braiins, Braiins will ordinarily notify You of this and suggest any steps You may take to mitigate the issue.

5.7. Please, be aware, that in the event that Braiins will not be able to resolve Your issue for any reason (including for lack of Braiins´ resources), this does not constitute a breach of this Agreement as long as Braiins follows the above-mentioned procedures of notifying You.

5.8. Sometime (prior or after initial response) Braiins may need more information and data to solve the issue. In that event Braiins will contact You and request any necessary additional information or data. In the event Braiins does not receive a reaction within five (5) Business days, Your ticket is considered as closed and You may need to lodge a new ticket to initiate the Support procedure again.

6. OBLIGATION OF CUSTOMER

6.1. Prior to requesting support from Braiins, You should comply with all troubleshooting procedures for the Software published on our Website. If such efforts are unsuccessful in eliminating the issue, You shall then promptly notify Braiins.

6.2. You represent that You have the technical knowledge regarding any other software or hardware systems involved, and of the facts and circumstances relating to the issue about which You request the Support.

6.3. You represent that You will have an access to the entire system, including all software and hardware without limitation during the entire Support procedure.

6.4. If necessary, You will cooperate with Braiins to allow and enable Braiins to perform Support services via remote connection using standard, commercially available remote control software recommended by Braiins. In such event You will be solely responsible for instituting and maintaining proper security safeguards to protect Your systems and data.

6.5. To the extent required to provide the Support, You may be requested to make available to Braiins Your hardware, software programs, networks, and other information required to perform the requested Support hereunder. Braiins agrees to comply with any rules and regulations regarding safety, security, and conduct, provided that You have expressly informed Braiins of such rules and regulations.

6.6. All suggestions, improvements, corrections, and other contributions provided by You regarding the Software during the Support procedure hereunder shall be owned by Braiins, and You hereby agree to transfer or assign any such rights to Braiins, if they are transferable or assignable. For the meantime or for the occasion when the rights cannot be transferred or assigned, You hereby agree to grant to Braiins an exclusive, worldwide, royalty-free, perpetual  (for the duration of copyright or any similar intellectual property right) license to exercise such rights in any way Braiins desires including reproduction, creation and reproduction of derivative works etc.

6.7. Additionally, nothing in this Agreement shall prevent Braiins from using in any manner or for any purpose it deems necessary, the know-how, techniques, or procedures acquired or used by Braiins in the performance of Support hereunder.

7. GOODWILL SUPPORT

7.1. This Agreement does not apply (except for this Section 7 and Section 9) to any advice published by Braiins in a public domain (for example on any public forums or channels on the internet) regarding the Software and/or provided to users of open-source version of the Software called “Braiins OS”.

7.2. Any such advice is provided on a goodwill basis without any legal obligation to do so and without any express or implied warranties.

7.3. Braiins shall not be held liable for any damages incurred by any third parties as consequence of Braiins advice published in a public domain and/or provided to Braiins OS users.

7.4. Any warranty and liability limitations set out in the Section 9 hereof apply to advice provided in a public domain and/or to Braiins OS users similarly.

8. TERM AND TERMINATION

8.1. The Agreement is concluded at the moment when Braiins receives Your Support request in the accordance with this Agreement.

8.2. The Agreement shall last until the request is resolved in any manner described in the Section 5 hereof (by resolving the issue, by notifying You that Braiins cannot resolve the issue, or by Your failure to reply to our communication for a period longer than five Business days).

8.3. You may also terminate this Agreement by a written notice sent to Braiins at any time without having to provide any reason. The notice is effective upon receipt by Braiins.

9. LIABILITY AND WARRANTIES

9.1. To the maximum extent permitted by law, the Support is provided “as is” and Braiins disclaims all representations, warranties and conditions, whether express, implied or statutory, including but not limited to representations, warranties or conditions of non-infringement, satisfactory condition or quality, merchantability and/or fitness for a particular purpose with respect to any Support services, software, diagnostics, or other materials or information Braiins provides.

9.2. If the law provides any implied warranties despite the exclusions and limitations in this Agreement, Your remedies are limited as determined by Braiins, in case of the Support services, to either: performance of the Support, or a refund of the price You paid (if any) for the Support. This is Your only remedy for a breach of warranty or condition, even if the remedy fails of its essential purpose. Unless the law states otherwise, Braiins will determine the order in which these remedies are provided.

9.3. To the maximum extent permitted by law Braiins will not be liable to You for any consequential, special, direct, indirect or incidental damages, including but not limited to loss of profits, loss of Your data or loss of business, for any matter related to this Agreement, any Support services or any other materials or information that Braiins provides, even if Braiins was advised of the possibility of such damages or they were foreseeable.

9.4. To avoid any doubts, Braiins will also have no responsibility for loss of or damage to Your data during the Support procedure, regardless of the cause of any such loss or damage.

9.5. This limitation of liability does not apply gross negligence or intentional misconduct.

9.6. Under certain laws it may not be possible to disclaim liability and warranties completely. For such cases Braiins hereby disclaims its liability and warranties to the fullest extent permissible by the applicable law.

9.7. If the warranties and liabilities disclaimers above are found void or invalid or otherwise unenforceable, You agree that total liability of Braiins is limited to the monetary value of the total amount of computing power received by Braiins from You in the period of four (4) months immediately preceding the event or circumstance giving rise to such liability (the monetary value is calculated as of the moment when the computing power was provided to Braiins).

9.8. You may have additional consumer rights under the law which this Agreement cannot limit or change.

10. NOTICES

10.1. Any notifications addressed to Braiins hereunder shall be sent to the following email address: help@braiins.com and are considered as delivered when the delivery has been confirmed by Braiins.

10.2. Any communication addressed to You shall be send to the email / Telegram address provided by You when requesting the Support hereunder.

10.3. Any mass communication addressed to You as well as to other users of the Software may be delivered to You by publishing it on the easily accessible designated part of the Website. In that event it shall be considered as delivered thirty (30) days after it has been published.

10.4. Any communication between Braiins and You will be conducted in English language unless agreed otherwise. Any requests of Support made in other languages are considered void and Braiins is not obliged to send You any response. If Braiins sends You the response regardless, it is entitled to end the Support procedure at any time due to the language barrier.

11. PERSONAL DATA

11.1. Braiins represents that the collection of Your personal data shall be limited as much as possible.

11.2. Any collection, storage and handling of Your personal data during the Support procedures shall be governed by separate set of terms on handling the personal data, which will be published on the Website (Privacy policy).

12. GOVERNING LAW

12.1. The laws of the Czech Republic, without regard to principles of conflict of laws, shall govern this Agreement, the provided Support and any dispute of any sort that might arise between You and Braiins in connection herewith (including any claims under any liability theory). The United Nations Convention on Contracts for the International Sale of Goods does not apply.

12.2. This choice of law clause does not deprive the consumers of their rights under mandatory provisions of the law of their country of habitual residence in the event that such law would otherwise be applicable pursuant to the Article 6 (1) Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).

13. DISPUTE RESOLUTION

13.1. Braiins always operate in a customer-friendly manner. Braiins tries to solve any issues peacefully and ask You to do the same. Therefore, You agree to notify Braiins of any disputes arising out of or in connection with this Agreement and provided Support and You agree that You will always attempt an out-of-court dispute resolution before You bring the dispute before the courts.

13.2. Any dispute relating in any way to this  Agreement and provided Support shall be decided with final effect before the courts of the Czech Republic, in particular before the District Court for Prague 8 and (in the event that the regional court decides as a first instance court) before the Municipal Court in Prague.

13.3. Should You violate or threaten to violate intellectual property rights of Braiins in any manner, Braiins may seek an injunction or other relief as may be appropriate to preserve all of Braiins rights in any court of its choice. You consent to exclusive jurisdiction and venue of such courts.

13.4. If You are a consumer and live in the European Union, Norway, Iceland or Lichtenstein, You may be entitled to address Your Dispute through an internet platform for online dispute resolution established by the European Commission (hereinafter referred to as the “ODR Platform”). The ODR Platform is intended to facilitate out-of-court resolutions relating to online purchases of goods and services between consumers and traders based in the European Union, Norway, Iceland and Lichtenstein. You will find the ODR Platform by following this link: ec.europa.eu/consumers/odr.

14. MISCELLANEOUS

14.1. Assignment: You may not assign or transfer any of Your rights or obligations assumed under this Agreement or in any other way related hereto without prior written consent of Braiins.

14.2. Waiver: If You do not comply with this Agreement, and Braiins does not take action right away, or if Braiins does not enforce any other provision hereof, this doesn’t mean that Braiins is waiving any rights that it may have (such as taking action in the future).

14.3. Survival: All the provisions of this Agreement that by their nature extend beyond the termination of mutual legal relationship, including but not limited to dispute resolution and applicable law clauses, shall survive the termination of the mutual legal relationship.

14.4. Third Parties: You acknowledge that Braiins has a right to use third parties to perform the Support hereunder.

14.5. Severability: If any clause of this Agreement is determined to be illegal, invalid or unenforceable, in whole or in part, under any law, the legality, validity and enforceability of the other clauses hereof shall not be affected. In the event that any clause or part thereof is determined to be illegal, invalid or unenforceable, that clause shall be replaced by the parties of this Agreement with a legal, valid and enforceable clause that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable clause, given the content and purpose of this Agreement.

14.6. Language: This document is issued in an English-language version. The meanings of the terms, conditions and representations herein are subject to definitions and interpretation in the English language. Braiins may also issue this document in other language versions for Your convenience; however, in case of any discrepancies the English-language version shall always prevail.

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In Prague on April 11, 2020

Braiins Systems s.r.o.