Terms of Service

OCEAN Team

August 4, 2026

OCEAN

(Last Updated August 4, 2026)

PLEASE READ CAREFULLY—THIS IS A BINDING CONTRACT AND CONTROLS YOUR INTERACTIONS WITH OCEAN.

This OCEAN User Service Agreement (“Agreement”) is entered into between Bitcoin Ocean, LLC, a Wyoming limited liability company with an office at 1603 Capitol Ave, Suite #509A, Cheyenne, Wyoming 82001, United States, and its affiliates (“we,” “us,” “OCEAN,” or the “Company”) and you, the OCEAN User (“you” or “User”), and sets forth the terms of service between you and us regarding the parties’ respective rights and obligations to the Services as defined below.

By choosing to access and use the Services provided by OCEAN, you represent and agree that this Agreement will be legally binding on both parties. We recommend that you read this Agreement completely as this Agreement will be binding to the fullest extent of the law.

The Services. In exchange for the Fees defined below, OCEAN will provide the services described here: operating the ocean.xyz website (“Website”) and OCEAN’s own system to provide the User with Bitcoin network mining services by and through communicating between you, the Bitcoin network, and other OCEAN and Bitcoin network participants to help you and others pool your proof-of-work to earn Bitcoin network rewards and obtain Bitcoin network transaction fees as part of mining blocks. Where a Protocol Event (as defined in Section 22) results in more than one persisting chain, the Services are provided separately in respect of each Supported Chain in accordance with Section 22, and references in this Agreement to “the Bitcoin network” shall be construed accordingly. Although we do not represent you or the Bitcoin network directly, we will endeavor to provide or refuse services in the form and manner that we determine, in our sole and absolute discretion, to adhere to the integrity of the services provided and the Bitcoin network (collectively, the “Services”).
Modifications to this Agreement. We are continuously developing and trying to make the OCEAN and the Services rendered better and reserve the right to change this Agreement or any policy or other terms referenced in this Agreement (collectively, “Additional Policies”). You agree that OCEAN has the right to modify the terms of this Agreement or Additional Policies at any time. We will tell you about the changes by publishing the changes online or by any other reasonable means. As we may update and change this Agreement, we encourage you to review it periodically. Your continued use of the Services provided by OCEAN will be deemed your acceptance and consent of the latest version of the Agreement. This Agreement is a unilateral contract that you accept, and re-accept, by performance. Each submission of a share of proof-of-work to OCEAN constitutes your renewed acceptance of the then-current version of this Agreement as published at ocean.xyz/docs/terms, whether or not you have separately reviewed it. Amendments apply prospectively from the time of publication and do not alter rights to Payouts already earned under the prior version. If you do not agree to an amendment, your sole and exclusive remedy is to stop directing hashrate to OCEAN before the amendment takes effect; your continued submission of shares after publication is unilaterally binding and is conclusive evidence of your acceptance. Publication of the updated Agreement on the Website is itself effective notice. When we republish this Agreement, we will flag the update on the Website, and we may, but are not obligated to, provide additional notice through other channels.
Payouts to Users—the TIDES system. The Bitcoin network will normally make payouts to Users directly as part of its mining reward and incentive structure (“Payouts”). This is a feature not a bug. So rather than take custody of your expected Bitcoin earnings like many other pools, OCEAN remains non-custodial, and uses the Bitcoin network’s elegant and straightforward design to communicate with the Bitcoin network and Users to coordinate transactions and Payouts, if any, using OCEAN’s innovative Transparent Index of Distinct Extended Shares system (“TIDES”). The operation of TIDES following a Chain Split is governed by Section 22, which controls over this Section 3 to the extent of any inconsistency.
1. Optional Payout Features; Lightning Network. OCEAN may from time to time offer optional payout features, including payout over the Lightning Network. Whether, how, and on what terms any Lightning payout feature is offered — including OCEAN’s operation of Lightning infrastructure and its channel, peering, routing, and connectivity policies — is determined by OCEAN in its sole discretion, as reflected in OCEAN policy published from time to time, and OCEAN may change any such policy at any time without amending this Agreement. As a matter of current policy, OCEAN does not permit Users to open Lightning channels directly with OCEAN; Lightning payouts, where offered, may traverse routing nodes and channels that OCEAN does not control end to end, and you are solely responsible for your own node, wallet, channel, liquidity, and receiving configuration. Amounts credited to your TIDES balance that have not yet reached the on-chain payout threshold are a contingent contractual entitlement to future Payouts only; unless and until your balance exceeds that threshold and a Payout is made, the underlying bitcoin remains OCEAN’s, and you hold no property interest in, or claim to, any specific bitcoin. Where offered and properly configured by you, Lightning payout permits you to receive and take custody of amounts below the on-chain payout threshold as a convenience. The failure, unavailability, or suspension of a Lightning payout does not create custody and does not create any trust, escrow, bailment, or fiduciary relationship; in such event, your balance simply continues to accrue toward the standard on-chain TIDES Payout. Optional payout features are conveniences, not entitlements. OCEAN may suspend, modify, limit, or discontinue any optional payout feature at any time, in whole or in part, with or without notice, including temporarily during any Force Majeure Event, Protocol Event, Chain Split, or period of elevated network congestion, fee volatility, or consensus uncertainty, in each case in OCEAN’s sole discretion and without liability. During any such suspension, Payouts revert to OCEAN’s standard on-chain TIDES mechanism, and no User shall have any claim arising from the unavailability of an optional payout feature.
2. Custom Payout Arrangements. Besides the standard payout methods described in this Agreement, OCEAN reserves the right to enter into separate written agreements with particular Users providing for custom payout methods, schedules, or settlement terms. Any such separate written agreement controls over this Agreement to the extent of any express inconsistency; in all other respects, this Agreement continues to govern that User’s access to and use of the Services. The existence and terms of any such arrangement are confidential between OCEAN and the applicable User. Nothing in this Agreement entitles any User to any payout method, schedule, or settlement term other than TIDES.
Warning Regarding Payouts and Risks of Bitcoin Mining Generally: The User understands that not all mining activity results in a successful Block Reward (as defined in Section 5). Bitcoin mining is an inherently risky activity. Most mining activity on OCEAN will not succeed in the short term, meaning it results in payments from the Bitcoin network to others who are not using OCEAN. That said, any block successfully mined by OCEAN and its Users will be paid consistent with OCEAN’s published TIDES formula. Additional and materially different risks arise in connection with Protocol Events and Chain Splits. Those risks are described in Section 22.5, which you should read before using the Services.
Fees. OCEAN has the right to charge fees for Services. The standard fee for Services rendered is 2% of all Bitcoin network rewards and transaction fees per block found with help from OCEAN (successful “Block Reward”), less any incentives or promotional offers in effect for User at the time a block is found (“Total Fee”). Following a Chain Split, the Total Fee applies separately in respect of each Supported Chain and is assessed and retained in the units native to that chain.
Privacy. The Services here are Permissionless, meaning that you do not and cannot create an account or reveal customer or personally identifiable User information as a condition of use, except one or more Bitcoin addresses and the underlying data supporting communication and verification of proof-of-work. Do not use a Bitcoin address with OCEAN that you do not have the private keys for. Do not reveal your private key or Bitcoin address information to us or anyone else. You are solely responsible for maintaining the confidentiality and security of your private information and for all activities that occur on or through your wallet addresses. OCEAN shall not be responsible for any losses arising out of the unauthorized use of your private keys.
Limited Data Collection; Records Retention. By design, OCEAN limits its collection of data to information necessary to provide, secure, troubleshoot, test, and optimize the Services. Depending on the Service and data layer, this information may include public wallet or payout addresses, mining usernames and worker names, public IP addresses, connection and request data, request paths, query strings, API activity, and related operational logs. Information displayed through the Services may also include public blockchain data or data derived from it. OCEAN will not collect, store, use, or disclose your personal information for marketing purposes nor for sale to third parties. If personal information is sent to or otherwise recorded by OCEAN, whether intentionally or inadvertently, OCEAN uses it only as necessary to provide, secure, troubleshoot, test, and optimize the Services, respond to support requests, and comply with applicable law or legal process. OCEAN maintains a Privacy Policy, which is fully integrated and adopted herein as part of this Agreement. OCEAN recommends that you exercise privacy best practices, including not reusing wallet addresses and not revealing any personal information in the name(s) of your worker appends. We also recommend PGP and similar standards, and our public keys are available for encrypted communications about OCEAN. Similarly, if you choose to communicate with us either directly or by chat, we will have some record of who we are speaking to and the timing, content, and context of those discussions whether they are personal, commercial, or technical. OCEAN retains records in accordance with its internal records-retention policies. Records may exist across multiple operational and backup layers and may remain available or recoverable after deletion or rotation from an individual system. OCEAN collects, processes, and stores such data only for the purposes described in this Section and as otherwise required by applicable law. OCEAN may modify its retention practices from time to time consistent with applicable law and its internal policies.
1. Records Retention Disclaimer. Use of OCEAN’s mining Services does not require a conventional customer account. OCEAN nevertheless records and retains operational and service data necessary to provide, secure, troubleshoot, test, and optimize the Services. Depending on the system and data layer, such data may include public wallet or payout addresses, mining usernames and worker names, public IP addresses, connection and request data, request paths, query strings, API activity, and related operational logs. Such records are retained in accordance with OCEAN’s internal records-retention policies and applicable law. Because records may exist across multiple operational and backup layers, deletion or rotation from one system does not necessarily remove all corresponding records. As of the Last Updated date of this Agreement, OCEAN does not fingerprint browsers. Cookies are not logged, and session or authentication identifiers do not appear in the relevant operational logs. As of the Last Updated date, OCEAN does not use an external CDN, analytics, DDoS-protection, bot-management, or fingerprinting provider that independently retains this activity. OCEAN’s current practices are described in its Privacy Policy, which OCEAN may update from time to time. OCEAN makes no representation as to any specific retention period for any particular record, and reserves the right to modify its retention practices at any time consistent with applicable law.
2. The OCEAN Portal. OCEAN offers an optional Portal app at portal.ocean.xyz designed so that your use of it remains private. Information you store in the Portal is encrypted end-to-end: OCEAN holds no decryption key and does not read it. The Portal’s architecture also deliberately separates Portal activity from any Portal account in OCEAN’s standard logs. Because OCEAN cannot access your Portal data, OCEAN also cannot recover it: you are solely responsible for safeguarding your Portal credentials and any associated keys, and OCEAN shall have no liability for any loss of access to, or loss of, Portal data.
User Qualifications and Conditions. To use OCEAN, the User represents and warrants to OCEAN as follows, which said representations and warranties will be treated as repeated each time you use the Services:
1. You are an individual or entity and have the required power to form a binding contract and perform your obligations under this Agreement under applicable laws and regulations;
2. You have legal capacity to enter into this Agreement and your obligations here are binding;
3. You are using the Services only for your own benefit and not the benefit of a third party, unless you are the lawful agent of that third-party and may lawfully bind that third-party under this Agreement;
4. You agree to use the Service only for purposes permitted by this Agreement, and only when permitted by any applicable law, regulation, or generally accepted practice in the applicable jurisdiction, whether civil or criminal, affecting you or prohibiting you from mining bitcoin in the State of Wyoming or the United States or accessing the internet in the applicable jurisdiction you are located within at the time you use these Services;
5. You cannot be a person barred from receiving the Service under the laws of the United States or other applicable jurisdictions, including the country in which you reside or from where you use the Services; and
6. You are not subject to any economic sanctions programs applicable to you and administered or enforced by the United States, the United Nations, the European Union, the United Kingdom, or the government of any jurisdiction in which you reside or from which you use the Services, including, but not limited to, the US Department of the Treasury’s Office of Foreign Assets Control, the US Department of State. By accepting this Agreement, you represent that you understand and agree to the foregoing.
User Responsibilities and Conditions Continued. To use OCEAN, the User must be mining Bitcoin and shall bear the entire cost and responsibility for: (1) “mining” equipment, including, but not limited to, hardware (computers or ASICs), and the power / electricity costs for running the hardware; (2) internet access, including, but not limited to, internet access fees to communicate with OCEAN and access the Website; (3) any other costs associated with or incidental to mining Bitcoin.
Term, Termination and Suspension.
1. Term. The term of this Agreement (“Term”) will continue so long as you use the Services rendered here and will survive, in limited part, for OCEAN to fulfill its payment obligations to you, if any.
2. Voluntary Termination by You. You may stop using the Services at any time. If you choose to terminate, you may forfeit one or more payouts depending on the proof-of-work verified at the time of your termination. Notwithstanding anything in this Agreement to the contrary, under the TIDES system you will typically continue to receive Payouts, less Total Fees, for an average of eight solved blocks following your voluntary termination; provided that on any Supported Chain other than the Bitcoin chain, the interval required to solve eight blocks may be extended indefinitely, and no timetable for such Payouts is represented or promised; we may discontinue Supported Chains, resulting in future blocks never being found.
3. Termination by OCEAN. If OCEAN terminates your right to Services for you violating the terms under this Agreement or based on OCEAN’s good-faith belief that you are violating or attempting to violate the terms of this Agreement, then you shall have no further rights under this Agreement. OCEAN will notify you of any such termination in real-time by removing your Bitcoin addresses from the OCEAN system. Notice of general discontinuance of Services will be provided as set forth here, unless it would not be reasonable to do so given circumstances arising from legal, regulatory, or governmental action; to address user security, user privacy, or technical integrity concerns; to avoid service disruptions to other users; or because of natural disaster, catastrophic event, war, pandemic or other similar occurrence outside of OCEAN’s reasonable control.
4. Effect of Termination. Upon termination under Section (c) above, you shall forfeit all expected Block Rewards and Payouts attributable to or affected by the conduct giving rise to the termination, which may be redistributed to other Users in OCEAN’s sole and absolute discretion.
Restricted Uses Generally.
1. NO INTERFERENCE WITH PROPER FUNCTIONING. You may not interfere or attempt to interfere in any way with the functionality or proper working of the Services.
2. NO DIRECT MARKETING OR ADVERTISING. You may not use the OCEAN Services or any other information obtained through the Services for the purpose of direct marketing, doxing, spamming, unsolicited contacting of sellers or customers, or other impermissible advertising, marketing or other activities, including, without limitation, any activities that violate state or federal anti-spamming laws and regulations.
3. OTHER PROHIBITED ACTS. On top of the acts prohibited in Sections (a) and (b), Your use of the Services may not: (i) constitute, promote, or facilitate DDoS attacks, hacking, or block-withholding attacks; (ii) include, promote or facilitate child sexual abuse material or other illegal activities, including, without limitation, activities that might be libelous or defamatory, or otherwise malicious to any person or entity; (iii) distribute, share or facilitate the distribution or sharing of unauthorized data, malware, viruses, Trojan horses, spyware, worms, or other malicious or harmful code; or (iv) violate, misappropriate or infringe the intellectual property or other proprietary rights of Company, its affiliates or any third party.
No Right of Survivorship. Unless required by law, you agree that your rights under this Agreement are non-transferable and that any rights terminate upon your death or dissolution if you are an entity.
No Resale of Service. You agree that you will not reproduce, copy, duplicate, sell, resell, rent, or trade the Website or Services under this agreement (or any part of it) for any purpose.
License to Use the Company Properties.
1. Company Properties. We may make available to you, for your installation, copying or use in connection with the Services, from time to time, a variety of software, data and other content and printed and electronic documentation (all such materials called the “Company Properties”). Subject to your acceptance of this Agreement, ongoing compliance with its terms with respect to the subject Service, and payment if and as required for your right to use the subject Service, we hereby grant to you the right to install, copy and use the Company Properties solely in connection with and as necessary for your use of the Services in compliance with this Agreement. This grant constitutes a limited, non-exclusive, non-transferable license during the Term of this Agreement. In no case may you transfer or sublicense any rights granted to you under this Section to third parties. Provided Properties may grant additional rights beyond those listed herein. The Company Properties may include, without limitation: proprietary application programming interfaces (“APIs”); developer tools for use in connection with the APIs; articles and documentation for use in connection with the use and implementation of the APIs or other application materials (collectively, “Documentation”); specifications describing the operational and functional capabilities, use limitations, technical and engineering requirements, and testing and performance criteria relevant to the proper use of a Service and its related APIs and other technology; other forms of digital content, data, text, images, logos, user interface designs and other creative designs, audio and video (with the Documentation, collectively, “Company Content”); sample source code which we may make available from time to time for use in connection with the Services (“Sample Source Code”); and software libraries created by us in connection with the Services (“Libraries”). Except as may be expressly authorized under this Agreement or other agreements with the Company: (i) you may not attempt to, or in any way: modify, alter, tamper with, repair, or otherwise create derivative works of any software included in or accessed via the Company Properties; (ii) you may not attempt to, or in any way: reverse engineer, disassemble, or decompile the Company Properties or the Services or apply any other process or procedure to derive the source code of any software included in or accessed via the Company Properties; (iii) you may not edit Documentation in any way that materially alters the meaning of the Documentation or causes the Documentation to become factually incorrect or misleading.
2. Restrictions With Respect to Use of Marks. Your use of any trademarks, service marks, trade names, logos, and other designations of Company and its affiliates or licensors, including, but not limited to, the OCEAN word mark, OCEAN logo, ocean.xyz mark, or Eligius word mark (collectively, “Marks”) shall strictly comply with these provisions. Other than as specified in this Agreement, you may not use any trademark, service mark, trade name or other business identifier of Company or its affiliates unless you obtain Company’s or its affiliates’ prior written consent, which consent shall be at Company’s sole and absolute discretion. In addition, you agree not to misrepresent or embellish the relationship between us and you, for example by implying that we support, sponsor, endorse, or contribute money to you or your business endeavors.
3. Permitted Use. You may use the Marks as part of the display of the Company Content and for showing that your bitcoins were mined using the Services. You must immediately discontinue use of any Mark as specified by us at any time in writing. We may modify any Marks provided to you at any time, and upon notice, you will use only the modified Marks, and must discontinue use of the old marks.
Uptime, Downtime and Excluded Service Suspensions; Security.
1. Uptime. OCEAN will use commercially reasonable efforts to make the Services available as much as possible. If OCEAN does not meet its goals, it reserves the right, but not the obligation, to pay you and other Users a service credit or offer other promotional incentives to continue using the Services.
2. Downtime. Apart from our rights to terminate or suspend Services to you as described above, you acknowledge that your access to and use of the Services may be temporarily suspended throughout any unanticipated or unscheduled Downtime or unavailability of any portion or all of the Services for any reason, including as a result of power outages, system failures or other interruptions. OCEAN recommends you keep your miners configured with a failover/fallback Service (including solo mining) to avoid any potential loss as a result of downtime.
3. Security. We strive to keep the Website and all private data secure, but cannot guarantee that we will succeed at doing so, given the nature of the internet. Accordingly, without limitation, you acknowledge that you bear sole responsibility for adequate security, protection and backup of your wallet and personal information. We urge you, where available and appropriate, to (a) use encryption technology to protect your privacy from unauthorized access, (b) keep your hardware and software applications or any apps that you use or run with our Services current with the latest security patches or updates. We will have no liability to you for any unauthorized access or use, corruption, deletion, destruction, or loss of any data or bitcoins.
Non-Assertion. During and after the term of the Agreement, with respect to any of the Services that you elect to use, you will not assert, nor will you authorize, assist, or encourage any third party to assert, against us or any of our customers, end users, vendors, business partners (including third party sellers on websites operated by or on behalf of us), licensors, sublicensees or transferees, any patent infringement or other intellectual property infringement claim related to such Services.
Disclaimer & Limitations on Liability.
1. General Disclaimer of Warranties. THE MARKS, THE SERVICES AND ALL TECHNOLOGY, SOFTWARE, FUNCTIONS, CONTENT, IMAGES, MATERIALS AND OTHER DATA OR INFORMATION PROVIDED BY US OR OUR LICENSORS IN CONNECTION WITH THE SERVICES (COLLECTIVELY, THE “OFFERINGS”) ARE PROVIDED “AS IS” & “WHERE IS” AND WE AND OUR LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE OFFERINGS. EXCEPT WHEN PROHIBITED BY APPLICABLE LAW, WE AND OUR LICENSORS DISCLAIM ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. WE AND OUR LICENSORS DO NOT WARRANT THAT THE OFFERINGS WILL FUNCTION AS DESCRIBED, WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF HARMFUL COMPONENTS, OR THAT THE DATA YOU STORE WITHIN THE OFFERINGS WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. EXCEPT AS SPECIFIED IN SECTIONS 3, 15 AND 22 OF THIS AGREEMENT, WE AND OUR LICENSORS SHALL NOT BE RESPONSIBLE FOR ANY SERVICE INTERRUPTIONS, INCLUDING, WITHOUT LIMITATION, POWER OUTAGES, SYSTEM FAILURES OR OTHER INTERRUPTIONS, INCLUDING THOSE THAT AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION OR SETTLEMENT OF ANY PAYMENT SERVICES. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM US OR FROM ANY THIRD PARTY OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. YOU AGREE THAT ANY EFFORTS BY US TO MODIFY OUR SERVICES SHALL NOT BE DEEMED A WAIVER OF THIS GENERAL DISCLAIMER OF WARRANTIES. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SERVICES REMAINS WITH YOU.
2. No Liability for Your Content and Applications. Besides the foregoing, we specifically disclaim all liability, and you shall be solely responsible for the development, operation, and maintenance of information (such as Bitcoin addresses and worker information) and for all materials that you enter into or that are housed on our Services.
3. No Liability for Third Party Websites. The Website or the Services may contain links to websites that are not under our control (“Third Party Sites”). We are not responsible for the contents or functionality of any Third Party Sites or any website that can be accessed via links on any Third Party Site. We provide these links to you as a convenience and the inclusion of any such links does not constitute or imply our endorsement or validation of any Third Party Site.
4. Limitations of Liability. NEITHER WE NOR ANY OF OUR LICENSORS SHALL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR INTERRUPTION OF BUSINESS, LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, SUCH DAMAGES WERE REASONABLY FORESEEABLE TO US) IN CONNECTION WITH THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY SUCH DAMAGES RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; OR (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT. IN ANY CASE, OUR AGGREGATE LIABILITY UNDER THIS AGREEMENT SHALL BE LIMITED TO THE GREATER OF (A) THE AGGREGATE TOTAL FEES ACTUALLY RETAINED BY OCEAN IN RESPECT OF YOUR VALID SHARES DURING THE NINETY (90) DAYS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, AND (B) ONE HUNDRED UNITED STATES DOLLARS ($100). These LIMITATIONS SHALL NOT APPLY TO LIABILITY ARISING FROM OUR FRAUD, GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THUS, SOME OR ALL THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Indemnification.
1. General. You agree to indemnify, defend and hold us, our affiliates and licensors, each of our and their business partners and each of our and their employees, officers, directors and representatives, harmless from and against any and all claims, losses, damages, liabilities, judgments, penalties, fines, costs and expenses (including reasonable attorney’s fees), arising out of or in connection with any claim relating to (i) your use of the Services in a manner not authorized by this Agreement, or in violation of the applicable restrictions, Additional Policies, or applicable law, including, but not limited to, any claim involving infringement or misappropriation of third-party rights or the use, development, design, manufacture, production, advertising, promotion or marketing of your content used on the Website or elsewhere, (ii) your violation of any term or condition of this Agreement or any applicable Additional Policies, including, without limitation, your representations and warranties, or (iii) you or your employees’ or personnel’s negligence or willful misconduct.
2. Notification. We agree to promptly notify you of any claim subject to indemnification; provided that our failure to promptly notify you shall not affect your obligations under this agreement unless our failure to promptly notify you materially prejudices your ability to defend the claim. At our option, we may tender the defense of such claim to you, in which case you will defend the claim with counsel of your choosing reasonably acceptable to us (subject to a conflicts assessment). You shall not enter into any settlement of any claim without our prior written consent, and we may, at any time, elect to take over control of the defense and settlement of the claim.
Disputes.
1. Injunctive Relief; Jurisdiction. Notwithstanding anything to the contrary, we may seek injunctive or other relief in any state, federal, or international court of competent jurisdiction for any actual or alleged infringement of Company’s or any third party's intellectual property or proprietary rights. Except as provided in Section 19(b), any dispute arising out of or relating to this Agreement, the Website, or the Services shall be adjudicated exclusively in the state or federal courts sitting in Laramie County, Wyoming, and you consent to exclusive jurisdiction and venue in such courts.
2. Governing Law. The validity, construction, performance, and enforceability of this Agreement and the rights of the parties under this agreement shall be governed in all respects by the laws of the State of Wyoming, without reference to the choice of law principles. The Wyoming Chancery Court shall be the exclusive venue for, and have exclusive jurisdiction over, the parties with respect to any matter arising out of or relating to this Agreement that is within the subject-matter jurisdiction of the Wyoming Chancery Court; any matter not within that court’s jurisdiction, or dismissed or removed from that court, shall be adjudicated exclusively in the courts identified in Section 19(a). The parties agree to waive any objection for such venue or any objection to jurisdiction of the Wyoming Chancery Court. The parties expressly acknowledge and agree that the Wyoming Chancery Court conducts non-jury trials, alternative dispute resolution methods and limited motions practice and shall have broad authority to shape and expedite discovery as provided in the rules adopted by the Supreme Court of Wyoming to govern the Wyoming Chancery Court. The parties hereby agree to irrevocably and knowingly waive to the fullest extent permitted by law any right to a trial by jury in any proceeding arising out of this Agreement. This jury-trial waiver applies in every forum in which any proceeding arising out of or relating to this Agreement may be heard and survives termination of this Agreement.
3. Waiver of Class and Representative Actions. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND OCEAN EACH AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES SHALL BE BROUGHT AND RESOLVED ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, CLAIMANT, OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR OTHER REPRESENTATIVE PROCEEDING. NO COURT MAY CONSOLIDATE OR JOIN THE CLAIMS OF MORE THAN ONE USER, OR OTHERWISE PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING, WITHOUT THE EXPRESS WRITTEN CONSENT OF ALL PARTIES. RELIEF AWARDED TO ANY USER MAY BENEFIT ONLY THAT USER AND ONLY AS NEEDED TO RESOLVE THAT USER’S INDIVIDUAL CLAIM. If a court of competent jurisdiction holds this Section 19(c) unenforceable as to a particular claim or particular relief, then that claim or that relief (and only that claim or relief) shall be severed and may proceed on a non-class, non-representative basis when required by law, and the remainder of this Section 19(c) shall continue in full force. This Section 19(c) applies prospectively to all claims not yet filed as of its effective date and survives termination of this Agreement.
Notices. Unless this Agreement provides otherwise, notices made by us to you under this Agreement that affect our customers generally (e.g., notices of updated fees, etc.) will be posted on the Website. Notices made by us under this Agreement for you or your account specifically (e.g., notices of breach or suspension) will be provided in absentia to you by removing you from OCEAN Services, the Website, or any future Block Templates or combination of these actions. For notices made by you to us under this Agreement and for questions about this Agreement or the Services, you may contact Company at legal@ocean.xyz or by personal service to OCEAN’s Registered Agent:

Sagebrush Corporate Solutions LLC
211 W 19th Street, Ste 301
Cheyenne, WY 82001 USA
Miscellaneous Provisions.
1. Third Party Activities. If you authorize, assist, encourage or facilitate another person or entity to take any action related to the subject matter of this Agreement, you shall be deemed to have taken the action yourself.
2. Severability. If any portion of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the remaining portions of this Agreement will remain in effect, and any invalid or unenforceable portions shall be construed in a manner that most closely reflects the effect and intent of the original language. If such construction is impossible, the provision will be severed from this Agreement, and the rest of the Agreement shall govern.
3. Waivers. The failure by us to enforce any provision of this Agreement shall not be construed to be a present or future waiver of such provision nor in any way affect our right to enforce such provision or any other provision in this Agreement later. All waivers by us must be in writing to be effective.
4. Entire Agreement. This Agreement incorporates by reference all policies and guidelines posted on the Website, including all Additional Policies, and constitutes the entire agreement between you and us regarding the subject matter hereof and supersedes all prior or contemporaneous representation, understanding, agreement, or communication between you and us, whether written or oral, regarding such subject matter. Except as provided in Section 2, this Agreement may only be amended or modified by a written agreement signed by authorized representatives of OCEAN.
5. Survival. In the event this Agreement is terminated for any reason, the provisions of this Agreement which by their sense and context should survive any termination or expiration of this Agreement, including, without limitation, Sections 10-22, which will survive any such termination.
6. No Endorsement. You understand and acknowledge that we are not certifying nor endorsing, and need not certify or endorse, any of your Applications or Your Content.
7. Relationship. Nothing in this Agreement is intended to or does create any type of joint venture, escrow, trust, bailment, partnership or any employer/employee or fiduciary or franchise relationship between you and us (or any of our affiliates).
8. Language. All communications and notices to be made or given pursuant to this Agreement shall be in the English language.
9. Force Majeure. We shall not be liable under this agreement for any failure or delay in the performance of our obligations under this Agreement if such failure or delay is on account of causes beyond our control, including labor disputes, civil commotion, war, fires, floods, inclement weather, governmental regulations or controls, casualty, government authority, strikes, pandemics, epidemics, any Protocol Event or Chain Split (as defined in Section 22), or acts of God, in which event we shall be excused from our obligations for the delay and for a reasonable time afterward. You acknowledge that, for a Bitcoin mining pool, a disruption of Bitcoin network consensus is a force majeure event of the same character as civil unrest — a contest over the continuity of the ledger itself — and not a mere operational inconvenience.
10. Acknowledgment. By using our Website and Services, you signify and agree that you agree to be bound by the terms of this Agreement.
Protocol Events; Chain Splits.
1. Definitions. “Protocol Event” means any proposed or implemented soft fork, hard fork, chain split, counter-fork, chain reorganization, consensus failure, contentious protocol change, or other similar modification to or disruption of the Bitcoin network, however arising and without regard to any particular improvement proposal, that creates bona fide uncertainty as to which network, chain, or units constitute Bitcoin. “Chain Split” means a Protocol Event that results in two or more chains sharing a common transaction history up to a Split Point and thereafter persisting independently. “Split Point” means the last block common to all such chains, as identified by OCEAN in good faith, which identification is final and binding for all purposes of this Agreement. “Split Chain” means each chain persisting after a Split Point. “Supported Chain” means each Split Chain in respect of which OCEAN maintains a Split Share Log under Section 22(f). “Split Share Log” means a separate and independent TIDES share log maintained by OCEAN in respect of a single Supported Chain. “Concurrent Support Period” means the period during which OCEAN provides Services in respect of more than one Supported Chain.
2. What Bitcoin Is. “Bitcoin” means the peer-to-peer electronic cash system described in Satoshi Nakamoto, Bitcoin: A Peer-to-Peer Electronic Cash System (2008) (the “White Paper”), as embodied in the chain of blocks validated under the consensus rules enforced by the full nodes. During any Concurrent Support Period, OCEAN may defer its determination as to which Supported Chain or units constitute Bitcoin for purposes of this Agreement. At or before OCEAN ceases concurrent support, OCEAN may determine in good faith which chain or units constitute Bitcoin for purposes of this Agreement by reference to the consensus rules enforced by the full nodes. The listing, ticker, index, or reference-rate practices of exchanges, custodians, index providers, or other commercial intermediaries do not define Bitcoin and are not determinative. OCEAN’s determination under this Section 22(b) is a contractual convention adopted solely to administer this Agreement, is final and binding for that purpose, and is not an endorsement, recommendation, prediction, or representation as to the validity, legitimacy, value, or prospects of any chain or asset.
3. Monitoring; Concurrent Support of Multiple Chains. OCEAN monitors the Bitcoin network for Protocol Events. Upon a Chain Split, OCEAN may, in its sole and absolute discretion and without any obligation to do so, designate more than one Split Chain as a Supported Chain and operate infrastructure for, and maintain separate Split Share Logs in respect of, those Supported Chains concurrently, so that Users may direct their hashrate to the chain of their own choosing. OCEAN will effectively operate as a separate pool in respect of each Supported Chain from the Split Point, so that Users mining on one chain do not bear the cost of, and do not subsidize, users mining on another. No cross-chain adjustment, reallocation, or make-whole will be made.
4. Your Chain, Your Choice, Your Responsibility. Which chain your hashrate works on is determined solely by your own configuration — your selection of a Stratum endpoint, or the software, consensus rules, and block templates of your own DATUM node. You are solely responsible for making that selection, for configuring your equipment and software accordingly, and for verifying at all times that your configuration reflects your intent. OCEAN will not make that choice for you, and OCEAN expressly disclaims any ability, willingness, obligation, or authority to assume control of, or responsibility for, any User’s chain selection. Software must have defaults; OCEAN may set and change endpoint defaults and will publish a template policy for each endpoint, but a default is a configuration convenience only and is not a recommendation, endorsement, or prediction. You expressly assume all risk arising from the chain on which your hashrate works, whether that chain results from your affirmative election or from a default you did not change. You also acknowledge that you have not relied, and will not rely, on any statement, publication, default setting, or other communication by OCEAN or any of its officers, employees, or directors as advice or as a prediction regarding any Protocol Event, any chain, or the value of any asset; individuals associated with OCEAN hold differing personal views on protocol matters, and those views are their own.
5. Split Share Log Mechanics. Upon a Chain Split, OCEAN takes snapshots of the TIDES share log as of the Split Point, which forms the opening state of the Split Share Log for each Supported Chain. Then, each share valid under the consensus rules, block-template requirements, and share-acceptance criteria applicable to a Supported Chain is credited to the Split Share Log maintained for that Supported Chain, as determined by the block template on which the User’s equipment or DATUM node was working when the share was submitted; OCEAN’s determination of validity and chain attribution is final and binding. Split Share Logs are independent: a share credited to one Supported Chain confers no right, claim, or expectancy in respect of any other chain, and no balance, share, or reward is transferable, convertible, or fungible between chains. Payouts in respect of each Supported Chain are made solely by coinbase output in blocks found on that chain, in the units native to that chain. The TIDES proof window operates separately on each Supported Chain, and the interval required for any number of blocks to be solved on a Supported Chain depends entirely on the hashrate directed to that chain and its difficulty and may be extended indefinitely; OCEAN represents no timetable, frequency, or minimum for Payouts on any Supported Chain. If OCEAN ceases to support a Supported Chain under Section 22(f), that chain’s Split Share Log will be discontinued, and all unpaid share balances remaining in that Split Share Log will be extinguished and no compensation of any kind will be owed in respect of them. A Supported Chain that is decisively reorganized away will also lose its Split Share Log, and any shares remaining in that Share Log will be discarded and never paid again.
6. OCEAN’s Rights Regarding Support. Whether, when, and for how long OCEAN supports any Split Chain is committed to OCEAN’s sole and absolute discretion. During any Concurrent Support Period, OCEAN’s support of more than one Supported Chain shall not constitute an endorsement, recommendation, or determination in favor of any such chain. OCEAN may cease to support a Supported Chain at any time, for any reason or no reason, effective on notice published in the manner described in Section 2, including without limitation where continued support is uneconomic, is not technically feasible, or would expose OCEAN to legal, regulatory, or sanctions risk. If, following such cessation, OCEAN supports only one Supported Chain, the Concurrent Support Period shall end. Upon cessation, all unpaid share balances on that chain’s Split Share Log are extinguished and no compensation of any kind is owed in respect of them, on that chain or any other. OCEAN may also suspend, throttle, or restrict the Services in whole or in part during a Protocol Event to preserve the integrity of the Services or of any Split Share Log.
7. Disclosure of Split Chain Risks. You acknowledge that you have read and understood the following: (i) A SPLIT ASSET MAY HAVE NO VALUE — there may be no market, no listing, no liquidity, and no buyer for units of any Split Chain, at any time or ever; (ii) MINED REWARDS ARE NOT SPENDABLE FOR AT LEAST 100 BLOCKS on their own chain, and on a chain with low hashrate that period may extend to many weeks or months — a reward credited to you is not a reward available to you; (iii) A SUPPORTED CHAIN MAY BE ERASED IN ITS ENTIRETY — depending on the nature of a Chain Split, blocks valid on one chain may also be valid on another, so that one chain may at any time be reorganized away in its entirety by the other, and if the participants maintaining a chain cease to do so, change their software, or reorganize that chain away, that chain’s entire history after the Split Point, including every reward credited on it, may be permanently voided without warning and without compensation of any kind; (iv) DIFFICULTY MAY NOT ADJUST FOR AN EXTENDED PERIOD — a Split Chain inherits the difficulty in force at the Split Point, and a chain with a small share of hashrate may not reach its next difficulty adjustment for a period measured in years; (v) THERE MAY BE NO REPLAY PROTECTION — a transaction valid on one chain may be valid on another, and you are solely responsible for the safe handling, splitting, and custody of your own coins; and (vi) NOTHING IN THIS AGREEMENT OR ANY OCEAN COMMUNICATION IS INVESTMENT, FINANCIAL, LEGAL, TAX, OR ACCOUNTING ADVICE — the treatment of split assets under applicable tax and regulatory law is uncertain, and you are solely responsible for your own obligations.
8. Non-Custodial; No Delivery Obligation. OCEAN is non-custodial. OCEAN has no obligation to acquire, hold, custody, exchange, convert, sell, or deliver Bitcoin or units of any Split Chain to you, and will not do so, other than by the mechanism described in Section 22(e). Nothing in this Section 22 creates any trust, escrow, bailment, agency, fiduciary, or debtor-creditor relationship between you and OCEAN.
9. Precedence; Survival. Where a User has entered into a separate written agreement with OCEAN or any of its affiliates governing pool services, that agreement controls over this Section 22 to the extent of any express inconsistency; this Section 22 does not amend, waive, or supplement any such agreement. This Section 22 survives termination of this Agreement.