Version 2026-09-21 — in effect from 21 September 2026
This agreement is between NMine LLC (trading as Firsthand Bitcoin) and you, and covers the machines you buy from us and the hosting of those machines at our sites. It takes effect when you accept it or when you sign it, whichever happens first. Each purchase is recorded in an Order Confirmation, which sets the price, the site, your rate and the expected start date. Where an Order Confirmation and this agreement disagree, this agreement controls, unless the Order Confirmation says expressly that it varies this agreement for that purchase only.
We house your machines at one of our facilities and provide rack or tank space, electrical capacity, cooling, network connectivity, physical security and monitoring. Our own staff are on site.
We use commercially reasonable efforts to keep your machines running. Published uptime is what our sites have actually measured, not a guarantee. It excludes:
Every purchase is documented in an Order Confirmation generated in the dashboard at checkout, or in a signed document. It records the make, model and quantity, serial numbers once allocated, your Service Rate, the estimated start date and any deposit. We may correct an obvious clerical or arithmetic error on written notice; anything else needs both of us to agree.
Machines hosted under this agreement must be bought from us. If serial numbers are not known when you order, we give them to you in writing once the units are allocated.
Hardware sales are final. We do not refund or credit because the price later fell, or because deployment or procurement was delayed by a supplier, shipping, customs or logistics. Lost profits from any such delay are excluded.
If we are unable to procure machines you have ordered, your sole remedy is a full refund of what you paid for them, including any deposit. This does not apply once we have procured the machines; delays after that point are covered by the paragraph above.
Machines carry the manufacturer's twelve-month warranty. We give no warranty of our own. If a unit is dead on arrival or fails within the manufacturer's warranty period, we will submit the claim on your behalf. We are not responsible for how long the manufacturer takes, or for what it decides.
We have no obligation to repair your hardware. If a unit is non-functional and out of warranty we will tell you in writing, and you have thirty days to tell us whether to dispose of it or return it at your cost. If you do not respond we will write again allowing a further fifteen days. After forty-five days from the first notice we may dispose of it. Hosting fees do not accrue while a machine is offline awaiting warranty resolution.
On termination, once everything owed is paid, the machines are yours to collect and the cost of doing so is yours. Our staff do all de-racking, handling and packing; for safety and security reasons you and your agents cannot do this work yourselves.
If storage charges come to exceed what the machines are worth and are not paid within ten business days of written notice, title passes to us under the Wyoming Self-Storage Facility Act.
The Hosting Service Fee is a single all-inclusive monthly charge for rack space, electrical infrastructure, cooling, facility operations, network, security, monitoring and standard maintenance. It is a fee for services. It is not the resale or sub-metering of electricity, and we are not a utility or an electricity supplier. We are the sole customer of our electricity provider and carry every obligation to it.
Average hashrate × unit efficiency (kJ/TH) × 24 hours × Service Rate × days in the billing month. Your Service Rate is set in the Order Confirmation for that site. It is expressed in dollars per kWh as a billing convenience, and is recalculated each month from the total power your machines actually draw at that site, so the rate improves as your fleet grows.
We invoice monthly in arrears, based on the time your machines were actually online, on the first of the month for the month before. Payment is due within five calendar days of receipt.
We do not accept credit or debit cards. Fees charged by your own bank, exchange or wallet provider are yours, and if a third party deducts its fee from your payment you remain responsible for the shortfall.
The dashboard is the only authoritative source of our payment details. We will never ask you to change where you send money by email, message or telephone. Treat any such request as fraudulent, and check in the dashboard or contact us at accounting@nmine.org. We are not liable for payments misdirected because details were not verified there.
If you opt in, we can settle your hosting from your mining output instead of invoicing you. Each day we work out what share of that day's mining your hosting came to, and take that same share of your hashrate for the following day. The share is capped, and anything above the cap is invoiced normally. You can turn it off at any time, effective from the next day. This is voluntary and is not connected to the redirection of rewards on default described below.
You grant us a security interest in your machines and in the mining rewards they produce, to secure what you owe us. You agree not to grant anyone else a lien over them while they are hosted with us, and to tell us within five business days if one arises.
Core financial terms, including the Service Rate and the fee formula, change only by agreement between us, except where our own energy costs change in the way described in your Order Confirmation. Operational matters — support procedures, dashboard features, platform policies — we may update by posting them.
Our fees exclude taxes. You are responsible for your own tax position, including any tax on the rewards your machines produce.
We aim to energise your machines around two to four weeks from purchase. Hosting and fees for each unit begin on the day it is energised and pointed at your pool and wallet.
If you have not given us your pool and wallet details by the estimated start date we may run the machines for our own account until you do. While that is the case you are charged nothing and receive nothing, and your start date moves accordingly.
Hosting runs month to month with no minimum term. Either of us may end the hosting of any or all machines on thirty days' written notice. There is no termination fee.
For convenience on thirty days' notice with everything owed paid, or for a material breach by us that we do not cure within thirty days of written notice. Before serving such a notice, please raise the issue with us in writing and give us ten business days to meet and try to resolve it. The following are not material breaches by us:
The hosting service and the hardware are provided as they are and as available. We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, title and non-infringement. We make no promise about uptime beyond Section 1, about hashrate, efficiency or working life, about mining rewards, coin prices, network difficulty or profitability, or about any third-party pool or wallet.
We are not liable for lost profits, lost business or goodwill, lost or unachieved mining rewards, lost cryptocurrency, lost data, losses from internet or hardware failure, events outside our control or the acts of third parties, the cost of substitute services, or any indirect, incidental, special, exemplary or punitive damages — whatever the theory, and even if we were told such losses were possible.
Our total liability for all claims is limited to the lesser of your actual direct damages and the hosting fees you paid us in the twelve months before the event. This does not limit what you owe us, either party's indemnities, our rights under the security interest, liability for gross negligence or wilful misconduct, or your obligations regarding liens.
Any claim against us must be brought within one year of the date it arose.
Risk of physical loss or damage to your machines — at our site, in transit or in storage — is yours, except where caused by our gross negligence or wilful misconduct. We are not an insurer. You may insure them, and if you do we must be named as loss payee to the extent of our security interest, and your insurer must waive subrogation against us. If you choose not to insure, that risk is yours.
You indemnify us against claims arising from your breach, your tax obligations, your ownership or use of the machines, your negligence or wilful misconduct, your breach of applicable law, or a third-party claim over your hardware. We indemnify you against claims arising from our gross negligence or wilful misconduct, or from a material breach by us that we do not cure.
Each of us confirms it can enter this agreement and that the person accepting it is authorised. You confirm you own your machines outright, free of any lien other than the one granted to us, and that this stays true throughout.
You confirm that neither you nor any of your owners or officers appears on the OFAC SDN list or any other applicable sanctions list, that you are not acting for anyone who does, and that your use of the service complies with anti-money-laundering, anti-terrorism and sanctions law. These obligations continue for as long as we work together.
We may ask you to verify your identity, your beneficial ownership or your source of funds at any time. If you do not respond within ten business days we may suspend or end the service.
If we have credible evidence of illegal activity, money laundering, terrorism financing, sanctions breach or fraud, we may suspend immediately and without notice, and may terminate on confirmation. We may give your information and records to law enforcement or regulators where the law requires or permits, and it may not always be lawful for us to tell you when we do.
Each of us will keep the other's non-public information confidential, use it only for this agreement, and protect it with at least reasonable care. That includes pricing, customer lists, financial and operational information, facility layouts, security procedures and the terms of this agreement.
It does not cover information that is public through no fault of the recipient, was already known, was developed independently, or was lawfully received from someone else. Either of us may share it with staff and advisers who need it and are bound to confidence, or where the law compels disclosure — with notice to the other where that is permitted.
These obligations last three years after termination, and indefinitely for trade secrets. Neither of us will make knowingly false or misleading statements about the other; honest reviews, truthful testimony and complaints to authorities are expressly not restricted.
Neither of us is liable for failing to perform because of something beyond its reasonable control: natural disaster, fire, flood, extreme weather, war, civil unrest, terrorism, epidemic, strike, government action, grid failure, power curtailment, or failure of a network or supplier. Your obligation to pay amounts already owed is not excused.
If such an event stops hosting at a site for more than thirty consecutive days, either of us may end the hosting of the machines affected on written notice.
This agreement is governed by the laws of the State of Wyoming, without regard to conflict-of-law principles.
Any dispute will be brought exclusively in the state or federal courts of Sheridan County, Wyoming, and each of us consents to that jurisdiction and waives any objection to it.
Each of us irrevocably waives the right to trial by jury.
Each of us waives the right to bring or join a class, collective or representative action. Disputes are resolved individually.
Before starting proceedings the complaining party will describe the dispute in writing, and both of us will try in good faith to resolve it for thirty days. Either of us may still seek urgent relief where delay would cause irreparable harm.
Notices may be given by email or through the dashboard, and take effect when sent to the address on your account.
You may not transfer this agreement without our written consent. We may transfer it to an affiliate or to a buyer of the business.
If any part of this agreement is held unenforceable, the rest continues in force.
Failing to enforce a right is not a waiver of it.
This agreement, together with your Order Confirmations, is the whole agreement between us about its subject, and replaces earlier discussions. Nothing in it excludes liability for fraud.
We are independent contractors. Nothing here creates a partnership, joint venture or employment relationship, and neither of us can bind the other.