This shall constitute a framework agreement that shall govern the relationship between you and Explango UG (haftungsbeschränkt), Niederhofheimer Straße 10, 65812 Bad Soden am Taunus (hereinafter referred to as EXPLANGO).
1. WHAT INWEMO IS AND HOW IT WORKS
“INWEMO” is a script developed by EXPLANGO that can be implemented into websites to perform computational tasks on devices used by end users visiting such websites. By incorporating INWEMO into your website, you can make your website visitors perform computational tasks on your behalf for EXPLANGO. EXPLANGO will use this computational power to mine the cryptocurrency Monero and pay to you a remuneration that is (for internal purposes of EXPLANGO) calculated and predetermined based on the prospected gains achievable with the number of hashes solved by your website visitors as further set out in Clause 3 (REMUNERATION).
Incorporating INWEMO into your website constitutes an offer to enter into an agreement offering computational power to EXPLANGO. EXPLANGO accepts this offer by submitting computational tasks to the website visitors.
2. REGISTRATION AND HOW TO INCORPORATE INWEMO INTO YOUR WEBSITE
You can register your Website on https://dashboard.inwemo.com. Once the registration process is completed, you will be able to access your personal dashboard. In your dashboard you will find your unique ID that you have to include in your script tag (see documentation: https://inwemo.com/resources/documentation).
EXPLANGO will pay an hourly predefined amount of Monero for every one million hashes solved by website visitors using your unique ID. You can review the number of hashes generated by your website visitors and the amount of Moneros earned at any given time in your dashboard.
The current remuneration for one million generated hashes is: [see dashboard].
This consideration shall be valid for hashes generated between [Time Beginning see dashboard] and [Time Ending see dashboard].
The remuneration is adjusted hourly to reflect the current total number of hashes required on average to gain one Monero. You can always check the currently applicable remuneration for a defined number of solved hashes in your personal dashboard.
You need to achieve a minimum amount of 0,25 Monero to be entitled to a payout.
4. BILLING AND PAYMENT
EXPLANGO will prepare and submit to you accounts of your credit for each calendar month within five working days after a calendar month has ended and transfer the credit for such month within additional 5 working days. Transfers can be made in Moneros to a Wallet you specify in your personal dashboard. Transfers can also be made in EURO based on the exchange rate for Moneros valid at the time of transfer.
5. TERM AND TERMINATION
This agreement may be terminated by either party at any time. A termination shall not in any way affect your right to payments in accordance with Clause 4 (Billing and Payment).
6. LIMITATION OF LIABILITIES
a. The liability of EXPLANGO for damages is excluded in cases of simple negligence to the extent that such negligence does not result in a violation of primary contractual obligations. Primary contractual obligations are such obligations that are essential to achieve orderly performance under the contract and that can be reasonably relied on by the parties.
b. To the extent that EXPLANGO is still liable for simple negligence in accordance with the preceding paragraph, such liability is limited to the amount of damages that are typical and reasonably foreseeable at the time the parties conclude the contract.
c. The limitations of liability set out in this Clause 6 shall not apply to the liability of EXPLANGO for willful misconduct, guaranteed product properties, death, personal injury, harm to personal health or liability resulting from the German Product Liability Act (German: Produkthaftungsgesetz).
d. To the extent that our liability for damages is excluded or limited, such exclusion and/or limitation shall also apply to the personal liability of EXPLANGO employees, officers, agents, staff, subcontractors and any other persons acting for or on behalf of EXPLANGO, for damages caused by any such person.
a. You represent and warrant that you have full authority to modify and/or amend the websites you registered with EXPLANGO to incorporate INWEMO.
b. It is your sole liability to obtain your website visitors’ consent to perform computational tasks on their devices. You must always use the standard Opt-In Overlay provided by EXPLANGO and may not make any changes without prior approval from EXPLANGO.
c. You may not use INWEMO on websites offering illegal products or services.
d. For the avoidance of doubt, nothing in this agreement shall constitute an obligation of EXPLANGO to provide computational tasks or to accept an offer to use computational services or capabilities from your website visitors. A claim to payment arises only where EXPLANGO accepts an offer to perform computational tasks on infrastructure provided by you and your website visitors to EXPLANGO.
e. You may not in any way hack, modify or reverse engineer INWEMO. Any such attempt will lead to an immediate termination of all contracts. EXPLANGO reserves the right to claim additional damages.
f. This agreement and any claims resulting therefrom shall be governed by the laws and regulations of the Federal Republic of Germany excluding the international private law provisions and excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods.
g. If you are a merchant (“Kaufmann” as defined in the German Commercial Code HGB), a governmental legal entity or a special funds under public law the courts of Aachen shall have exclusive jurisdiction for all disputes arising out of or in connection with agreements that incorporate these general terms and conditions. The same shall apply if you have your place of business outside Germany or move your place of business to a place outside Germany after the contract is concluded.