Ⅰ. General Terms

BITDEER RESERVES THE RIGHT TO CHANGE OR MODIFY THE TERMS OF THIS AGREEMENT AT ANY TIME AT ITS SOLE DISCRETION. IT IS YOUR RESPONSIBILITY TO PERIODICALLY REVIEW THIS AGREEMENT FOR THE LATEST CHANGES. Any changes or modifications of this Agreement shall take effect once it is published on the Website (unless the effective time is otherwise prescribed). You agree that by making Reservation or continuing Reservation process following any changes to this Agreement, you are agreeing to accept such changes.

II. Product Reservation

2.1 By making a Reservation, Users are purchasing the right to purchase a Product with priority (the “Privilege”). Specifically, Bitdeer will prioritize the Privileges purchased by Users by the order in which Bitdeer receives the full purchase price of the Privileges from Users. Bitdeer shall have the right to establish and change the relevant rules with respect to Privileges. Unless otherwise expressly agreed in writing, the Privileges of which the full purchase price is received by Bitdeer within a certain period of time specified by Bitdeer will be regarded to be of the same priority. When the sale of Product starts, Bitdeer will send notices (“Exercise Notices”) to Users in accordance with the priority of the Privileges, from highest to lowest, to ask Users whether they intend to exercise their Privileges in respect of such Product, and Users are entitled (but not obligated) to exercise their Privileges to purchase the Product with priority. The Privileges shall have no expiry date and will remain valid until Bitdeer issues an Exercise Notice.

2.2 In the Exercise Notice to a User, Bitdeer will inform the User of the priority of exercisable Privileges, and the specific specifications, price and date of shipment of corresponding batch of Products. The User may decide whether it intends to exercise the Privileges or not and the number of Privileges it intends to exercise. If the User decides to exercise the Privileges, the User shall, within the time limit specified in the Exercise Notice, notify Bitdeer in writing of its intention to exercise the Privileges of a particular priority and the number of the Privileges of such priority it intends to exercise (“Privileges to Be Exercised”).IF THE USER DOES NOT EXERCISE THE PRIVILEGES (INCLUDING BY NOTIFYING BITDEER IN WRITING THAT IT DOES NOT INTEND TO EXERCISE THE PRIVILEGES OR BY FAILING TO NOTIFY BITDEER IN WRITING OF ITS INTENTION TO EXERCISE THE PRIVILEGES WITHIN THE TIME LIMIT SPECIFIED IN THE EXERCISE NOTICE) OR ONLY EXERCISES PART OF THE PRIVILEGES OF A PARTICULAR PRIORITY, THE UNEXERCISED PRIVILEGES OF SUCH PRIORITY SHALL REMAIN VALID FOR A PERIOD OF 365 DAYS FROM THE DATE OF THE EXERCISE NOTICE, AND WILL AUTOMATICALLY EXPIRE IF THEY ARE NOT EXERCISED BY THE END OF SUCH PERIOD. ONCE THE PRIVILEGES HAVE EXPIRED, THE PURCHASE PRICE OF THE PRIVILEGES CANNOT BE OFFSET AGAINST THE PURCHASE PRICE OF THE PRODUCTS.

2.3 If the total number of the Privileges To Be Exercised exceeds the number of pieces of a corresponding batch of Products, Users may exercise their Privileges To Be Exercised in accordance with the percentage agreed in this clause (the “Exercise Percentage”), and the remaining unexercised Privileges To Be Exercised will remain valid and may be used to purchase subsequent batches of Products. The Exercise Percentage shall be calculated as follows: suppose that the total number of pieces of the particular batch of Products corresponding to the Privileges of a particular priority is A, the total number of the Privileges To Be Exercised of such particular priority is B (B is greater than A), the total number of Privileges of such priority held by a particular User is C, and the number of the Privileges To Be Exercised of such priority by the particular User is D, then the number of pieces of Product that the particular User may purchase with priority is D*A/B (this number shall be rounded up if it is less than 1 and shall be rounded down if it is greater than 1 and is not a whole integer), and the number of Privileges of such priority held by the particular User (C-D) will remain valid for a period of 365 days from the date of the Exercise Notice due to the User’s choice not to exercise, and the number of the Privileges To Be Exercised of such priority by the particular User (D*(1-A/B) (this number shall be rounded down if D*A/B is less than 1 and shall be rounded up if D*A/B is greater than 1 and is not a whole integer) will remain valid and may be used to purchase subsequent batches of Products.

2.4 For a User who intends to exercise its Privileges, after determining the number of pieces of Products that the User may purchase with priority, Bitdeer will give the User a notice of purchase of the Products (“Purchase Notice”), specifying the number of pieces of the Product that the User may purchase with priority and the payment terms for the purchase price of the Products. The User shall make an offer to purchase the Products from Bitdeer within the time limit specified in the Purchase Notice, submit relevant information to Bitdeer for KYC review, and after passing Bitdeer’s KYC review, pay the purchase price of the Products. The User may offset the purchase price of a certain number of Privileges against the purchase price of the same number of the Products.

2.5 The User agrees that the Privileges are only the right to purchase the Products with priority, and that the User’s purchase of Privileges does not mean that the User’s conclusion of a sales contract with Bitdeer in connection with the Products or that Bitdeer is obliged to sell a specific Product to the User.

2.6 BITDEER DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE SPECIFICATIONS, PERFORMANCE, APPEARANCE, PRICE, DATE OF SHIPMENT OR OTHER SPECIFIC INFORMATION OF THE PRODUCTS. THE USER AGREES THAT THE USER MAY NOT CLAIM A REFUND OF THE PURCHASE PRICE OF PRIVILEGES FROM BITDEER ON THE GROUND THAT THE PRODUCTS FINALLY MADE AVAILABLE BY BITDEER IS INCONSISTENT WITH THE IMAGES OR TEXTS DISPLAYED ON THE PRODUCT RESERVATION PAGE AND/OR USER’S EXPECTATIONS.

2.7 Before a definitive agreement for the sale and purchase of the Products is concluded, Bitdeer is entitled to require the User to pay a further amount to clearly express the User’s purchase intention, provided that such amount shall be offset against the purchase price of corresponding number of pieces of Product when the User pays such purchase price (i.e., the further amount corresponding to N units of Privileges may be offset against the purchase price of N pieces of Product when the User pays such purchase price).THE USER AGREES THAT IF IT FAILS TO PAY THE FURTHER AMOUNT AS REQUESTED BY BITDEER AT THAT TIME, SUCH PRIVILEGES WILL REMAIN VALID FOR A PERIOD OF 365 DAYS FROM THE DUE DATE OF THE FURTHER AMOUNT, AND THE PRIORITY OF SUCH PRIVILEGES WILL BE LOWER THAN THAT OF ALL PRIVILEGES FOR WHICH THE FURTHER AMOUNT HAS BEEN PAID AS REQUIRED. THE USER SHALL HAVE NO RIGHT TO CLAIM A REFUND OF THE PURCHASE PRICE OF PRIVILEGES FROM BITDEER ON SUCH GROUNDS. THE USER ACKNOWLEDGES THAT THE PAYMENT OF SUCH FURTHER AMOUNT DOES NOT CONSTITUTE A PURCHASE AGREEMENT BETWEEN THE USER AND BITDEER WITH RESPECT TO THE PRODUCT. IN THE EVENT THAT THE USER ABANDONS THE PURCHASE OF THE PRODUCT OR OTHERWISE FAILS TO PURCHASE THE PRODUCT AFTER THE PAYMENT OF THE FURTHER AMOUNT, THE USER SHALL HAVE NO RIGHT TO CLAIM A REFUND FROM BITDEER OF THE PURCHASE PRICE OF PRIVILEGES AND/OR SUCH FURTHER AMOUNT.

2.8 You understand and agree that the fees for Reservation charged by Bitdeer from You is specified on the Reservation page. You should not make Reservation if You do not accept the fees specified on the Reservation page.

2.9 You understand and agree that Bitdeer reserves the right to adjust the fees for Reservation from time to time, provided that no Reservation confirmed before adjustment will be affected.

2.10 You understand and agree that the fees for Reservation and the Product price are denoted in USD, that Bitdeer converts the fees for Reservation and the Product price denoted in USD into equivalent Bitcoin, USDT, Bitcoin Cash and other digital assets at the average of the real-time exchange rates published by certain digital asset exchanges, and that the User may choose to pay in corresponding digital assets. In the event of an abnormal exchange rate or technical failure of an exchange or exchanges, Bitdeer is entitled to choose the exchange rate data of other exchanges. In the event of abnormal fluctuations in the digital asset market, Bitdeer is entitled to manually adjust the exchange rates between digital assets and USD.

III. Reservation Order Payment, Cancellation, Change, Transfer and Refund

3.1 Users can make payment for a Reservation order (the “Order”) using various payment methods supported by Bitdeer.THE USER AGREES THAT THE HANDLING FEE INCURRED SHALL BE BORNE SOLELY BY THE USER, REGARDLESS OF THE PAYMENT METHOD CHOSEN BY THE USER, AND THAT THE AMOUNT PAID BY THE USER SHALL BE SUBJECT TO THE AMOUNT ACTUALLY RECEIVED BY BITDEER.

3.2 If the User chooses to pay for the Order by digital asset transfer: the User shall transfer the digital asset to the digital asset wallet address designated by Bitdeer, and the exact payment amount may depend on: the total amount of the Order in US dollar, the exchange rate of the US dollar and the digital asset selected for payment at the purchase time and the digital asset network transfer fees (third-party terms and handling fee rate may apply).

3.3 If the User does not pay for the order after creating an order and such non-payment status continues for a certain period of time (the exact time limit may vary for different payment methods), the status of the order will be changed to "Timeout" by Bitdeer. Bitdeer will not process any requests related to the “Timeout” orders, and the User is not obligated to pay for the Timeout orders. Bitdeer will set a limit on the total number of unpaid Orders created by the same User that are not marked with “Timeout”.

3.4 The User is solely responsible for the accuracy of the payment, including but not limited to the destination account (or digital asset wallet address, as applicable), transfer amount, and other payment details. Any and all losses caused by or arising from an incorrect payment due to the User (such as transferring digital asset to the wrong wallet address) should be solely borne by the User. The User shall make payment in accordance with Bitdeer’s instructions on the Website and shall provide Bitdeer with sufficient information for Bitdeer to confirm full payment for all orders. Bitdeer shall have the right to refuse to confirm the User’s Reservation until Bitdeer has received the full amount of the payment.

3.5 If the amount of payment actually received by Bitdeer is lower than the amount of the Order, Bitdeer shall have the right to adopt any of the following solutions at its sole discretion:

(1) adjusting the quantity of the Privileges accordingly so that the funds actually received by Bitdeer matches quantity of the Privileges; or

(2) refusing to confirm User’s Reservation until the User pays the amount owed.

3.6 If the amount of payment actually received by Bitdeer is higher than the amount of the Order, the User may request Bitdeer to adopt any of the following solutions:

(1) adding the excess amount to the User's account balance at Bitdeer; or

(2) refunding the User any excess amount via the method approved by Bitdeer, provided that any additional charges (such as third-party fees) incurred by such refund shall solely be borne by the User.

3.7 The payment amount transferred by the User to Bitdeer may be delayed due to digital asset confirmation delays, third party delays and other factors. You hereby agree that Bitdeer shall have the right to refuse to confirm the User’s Reservation until it confirms that the full payment amount has been successfully received.

3.8 You hereby agree and understand that Bitdeer is not obligated to resolve any payment-related questions or disputes until a payment dispute resolution application (the “Payment Dispute Resolution Application”) is submitted.

(1) The User shall have the right to submit the Payment Dispute Resolution Application by contacting Bitdeer within 14 days after payment and providing proof of payment to Bitdeer’s satisfaction. For applications submitted after 14 days period, Bitdeer reserves the right to refuse to process such applications;

(2) If there are reasonable grounds for Bitdeer to believe that or in fact that Bitdeer has not received the corresponding payment but has already confirmed the User’s Reservation for the User, Bitdeer shall have the right to request the User to provide proof of payment to Bitdeer’s satisfaction. The User should provide proof of payment to Bitdeer’s satisfaction within 14 days upon receipt of request from Bitdeer. Otherwise, Bitdeer reserves the right to cancel the User's Reservation or adjust the quantity of Privileges.

(3) Proof of payment may include but is not limited to Bitdeer order number, transaction ID or number, destination account (digital asset wallet address) information entered by the User, transfer amount, and transaction records and/or statement of the payment system used by the User;

(4) Bitdeer reserves the right to refuse to process the Payment Dispute Resolution Application initiated by the User if (a) the User fails to provide proof of payment or other proof to Bitdeer’s satisfaction within 14 days after initiating the application; or (b) Bitdeer reasonably believes that the proof submitted by the User is insufficient or invalid.

3.9 If Bitdeer reasonably believes that there is a payment dispute between Bitdeer and the User, Bitdeer reserves the right to cancel the User’s Reservation, adjust the quantity of Privileges and/or adjust the User’s account balance at Bitdeer.

3.10 TO THE EXTENT PERMITTED BY LAWS AND REGULATIONS, THE USER HEREBY ACKNOWLEDGES AND AGREES THAT, UNLESS OTHERWISE EXPRESSLY AGREED IN WRITING, ALL FEES PAID FOR RESERVATIONS ARE FINAL AND NOT REFUNDABLE OR CHANGEABLE. THE USER SHALL NOT REQUEST BITDEER TO REFUND ANY FEES PAID FOR RESERVATION UNDER ANY CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO, THE USER WAIVING THE EXERCISE OF PRIVILEGES, PRIVILEGES EXPIRING, OR THE USER ULTIMATELY FAILING TO PURCHASE PRODUCT FOR ANY REASON WHATSOEVER (INCLUDING BUT NOT LIMITED TO, THE USER ABANDONING THE PURCHASE OF PRODUCT, THE USER FAILING TO PAY THE FULL PRICE OF THE PRODUCT ON TIME IN ACCORDANCE WITH THE REQUIREMENTS OF BITDEER, OR THE USER FAILING TO PASS BITDEER'S KYC REVIEW, ETC.).

3.11 A User may transfer the Reservation held by it to another User of Bitdeer, and no matter how the transfer is made, the transfer shall not affect the priority of such Reservation. In the event that Bitdeer shall refund the amount to the transferor of the Reservation, the refund shall not include interest and the refund processing fee shall be borne by the User.

3.12 Subject to the other provisions of this Agreement, if Bitdeer provides a refund in accordance with this Agreement or applicable laws and regulations, any additional costs (such as third-party fees) arising from the refund shall be solely borne by the User.

IV. Risk Factors

4.1 YOU UNDERSTAND AND ACKNOWLEDGE THAT THERE ARE RISKS ASSOCIATED WITH HOLDING, TRADING, INVESTING IN DIGITAL ASSETS OR MINING DIGITAL ASSET WITH THE PRODUCT. THE RISKS LISTED IN THIS CLAUSE 4.1 ARE NOT EXHAUSTIVE. THESE RISKS, AND ADDITIONAL RISKS THAT MAY OCCUR NOW OR IN THE FUTURE MAY CAUSE YOU TO SUFFER FINANCIAL LOSSES:

(1) Use of any digital assets or related product carries potential financial, regulatory and other risks. Before using any digital asset or related products, you should confirm that you have sufficient knowledge and experience in the features and risks of blockchain technology, digital asset, and smart contracts. Your decision to participate in any digital asset activity and/or use of related products should be based on independent study and/or consultation with professionals as you deem necessary. Bitdeer assumes that when you make Reservation, you are a professional who understands the digital asset industry and understands the risks of digital asset related products. This Agreement and any services provided by Bitdeer should not be deemed as Bitdeer’s providing you with investment advices;

(2) The value of the Reservation, the value of the Product and the value of any digital asset may be affected by many factors not controlled by Bitdeer, including but not limited to mining difficulty and/or other changes in mining parameters/attributes, market price fluctuations in digital assets, hardware (i.e. mining machines) obsolescence and hardware amortization, etc.;

(3) Due to the nature of the digital asset, the value of any digital asset (including the value of digital asset mined by the Product) may lose some or all of its value at any time. You are aware of the fact that the value of any digital asset can decrease rapidly (and even decrease to zero). You agree and acknowledge that Bitdeer will not provide any warranty for the future earnings available from your reserve, purchase and/or using the Product under this Agreement. Any earnings or rate of earnings (or rate of return) related to the future mentioned in Bitdeer’s website (if any) is only an expectation and an assumption. The amount of your actual earnings from using the Product will be affected by various factors, such as the market price of digital asset, the variation of electricity charge, the throughout-network computing power difficulty, the lucky value of mining pool, and the actual percentage of service fee charged by the mining pool. Bitdeer is not responsible for any and all losses caused by factors beyond Bitdeer’s control;

(4) Bitdeer will maintain or upgrade the system periodically. You hereby confirm that you do not expect that your use of the Services provided by Bitdeer is continuous, without any interruption. Unless otherwise expressly prescribed, Bitdeer is not responsible for any and all losses caused by the suspension and interruption due to Bitdeer’s maintenance and upgrading of its system;

(5) No authentication or computer security technology is 100% secure and safe. You agree to bear all risks related to hacking or identity theft;

(6) You understand and agree that Bitdeer reserves the right to post, modify, and/or provide information related to the Reservation and/or the Product through the Website, emails, customer service calls, SMS and other official channels. Bitdeer is not responsible for information obtained through non-official channels of Bitdeer. If you have any question related to the truthfulness of information sent in the name of Bitdeer, please contact us immediately.

(7) The global regulatory regime governing digital assets, cryptocurrencies, mining rigs, mining, mining pools and blockchain technology is currently undeveloped and likely to rapidly evolve, varies significantly among international, state and local jurisdictions, and is subject to significant uncertainty, and regulations or policies may materially adversely affect the value of the Reservation, Product, Privileges and any digital asset. You understand, acknowledge, and assume such risks.

V. Use of Digital Assets

5.1 You may not mine, purchase, sell, exchange, hold and/or use any type of digital asset in any manner that is prohibited by the laws and regulations applicable to you.

5.2 Before making Reservation, you shall evaluate if the Product is suitable for your financial capabilities and risk preferences.BY MAKING RESERVATION, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND ACCEPT ALL THE RISKS ASSOCIATED WITH MINING, PURCHASING, SELLING, EXCHANGING, HOLDING AND/OR USING DIGITAL ASSETS, INCLUDING BUT NOT LIMITED TO:

(1) Large price fluctuations: prices of any digital asset, including Bitcoin, may fall sharply, or even fall to zero;

(2) Digital asset transactions may take a while to be confirmed. Although very unlikely, it does exist the situation when some digital asset transactions may never be confirmed and unconfirmed digital asset transactions mean such transactions are not completed;

(3) Digital asset transactions are irreversible: if you send any amount of digital assets to any wrong person or digital asset wallet address, you may not be able to cancel the transaction or recover these funds;

(4) If you lose or forget any PIN or password required to access and use the digital assets, the digital assets may be lost or unavailable to you;

(5) Blockchain (or digital asset) technology may have unknown inherent technical defects;

(6) Each country may introduce and promulgate new laws, regulations, and policies that affect the use of digital assets.

VI. Restrictions and Obligations

6.1 You shall not use the products or services provided by Bitdeer to engage in any activities that violate applicable laws and regulations. You shall not use the products or services provided by Bitdeer to:

(1) support, incite or participate in any terrorist activities;

(2) participate in any money laundering activities;

(3) fabricate or distort facts, spread rumors, and disrupt social order;

(4) promote or produce obscene, violent and/or terrorist content; or

(5) participate in any other activities that violate applicable laws and regulations.

6.2 You agree to comply with all applicable laws and regulations, this Agreement and all rules and policies announced by Bitdeer from time to time regarding the use of the Website and the products or services provided by Bitdeer.

6.3 You agree to provide all documentation and other information reasonably requested by Bitdeer from time to time in its sole discretion under its applicable “know your customer” ("KYC”) and anti-money laundering rules and policies. You undertake that such documents and information provided by you are true, accurate and complete and do not contain and will not contain any statement that is false or misleading.

6.4 You shall be fully liable for the security of your account and password (or other security devices). Any application or order submitted through your account is deemed to have been executed and agreed upon by yourself. If your account, password or other information is used fraudulently or illegally not due to Bitdeer's fault or gross negligence, we are not responsible for any risks and losses arising therefrom. If you suspect that your account, password or other information has been fraudulently or illegally used, you shall notify us immediately.

6.5 You agree and represent that the source of your funds used to reserve and/or purchase Products is legal and compliant. You are fully responsible for any freezing or confiscation of your funds that is not caused by Bitdeer.

6.6 You agree that you shall fully assume the relevant tax obligations arising from the Reservation and/or the purchase of the Products.

6.7 You agree and warrant that you have fully understood that the Products are not classified as consumer products, are not be regulated by any applicable consumer protection laws, and shall be used solely in commercial or industrial settings. You undertake that your purchase and use of the Products do not violate the laws and regulations of the country or region under which you are based in, or where the Products are operated, and that you shall not resell any Product which you have purchased in breach of any applicable consumer protection laws. You further undertake to fully indemnify Bitdeer from and against any damages, breaches, fines, charges or penalties which Bitdeer may suffer arising from or in connection with any breach by you of any applicable consumer protection laws. In the event that you subsequently intend or wish to resell or supply the Products or the Reservation to individual consumers who are based in Singapore for household use, you hereby undertake to comply with the applicable laws and regulations (including but not limited to the Consumer Protection (Safety Requirements) Regulations of Singapore) and your obligations under the Consumer Protection (Safety Requirements) Registration Scheme of Singapore, including but not limited to the obligation to register the Products as Controlled Goods with the relevant authority in Singapore at the relevant time. If you are an individual purchaser of the Products, you warrant that you are purchasing the Product exclusively in the course of business, and you hereby undertake that you shall use the Products solely in commercial or industrial settings and shall not engage in any household use of the Products. You shall fully indemnify Bitdeer from and against any damages, breaches, fines, charges or penalties which Bitdeer may suffer arising from or in connection with any household use of the Products by you.

6.8 You agree and represent that you are making the Reservation and purchasing the Product only for your own benefit and that you are not making the Reservation or purchasing the Product on behalf of others or for the benefit of any third parties.

6.9 You agree to contact Bitdeer immediately if you find or suspect any fraud or misconduct by any third party making the Reservation and/or purchasing the Product.

6.10 Unless obtained prior written consent from Bitdeer, you may not register multiple accounts on the Website in any circumstances. You shall not register multiple accounts in order to obtain profits, rewards or coupons.

6.11 You may not use anyone else’s account or password at any time without the express permission and consent of the holder of that account or password. Bitdeer shall not be liable for any loss or damage arising from your failure to comply with these obligations.

6.12 You should not participate in any activities that may adversely affect the products provided by Bitdeer and/or the security of the Website.

6.13 You shall not use any method (such as Proxy, Tor, VPN, etc.) to block your Internet traffic and IP addresses or use other technical services that may hide the user's real Internet connection.

6.14 Intellectual property rights of any content displayed on the Website, including but not limited to articles, pictures, news, materials, website structure, website layout, website design, unless otherwise specified, are entirely owned by Bitdeer or Bitdeer’s licensor (if any). The User shall respect the intellectual property rights of Bitdeer and Bitdeer’s licensor (if any).

6.15 Bitdeer hereby grants you a limited, non-exclusive, revocable, non-transferable and non-sublicensable license during the term of this Agreement to make Reservation under this Agreement. Bitdeer or its licensor reserve all rights, titles and interests in and to the Service, including all source code, object code, data, information, and their copyright, trademark, patent, invention and trade secrets, as well as all other rights not expressly granted to you under this Agreement. This Agreement does not constitute a waiver of any Bitdeer's rights under the intellectual property law of Singapore or any other jurisdiction or any other federal, state or foreign law.

6.16 The User shall neither engage in any activities in the name of Bitdeer nor use the information/data on the Website without prior written authorization from Bitdeer.

6.17 For any data or information that we provide to you during the period in which you make Reservation, you agree:

(1) that such data or information is only used for the purpose specified in this Agreement and in compliance with all applicable laws;

(2) not to transfer, transmit, display or otherwise disclose or make available such data or information (excluding public information) to third parties except required by Applicable Laws; and

(3) not to improve or modify such data or information, nor to use such data or information to make derivatives or use in combination with any other information without Bitdeer's prior written consent.

6.18 You represent, warrant and undertake that for any personal data that you are disclosing to Bitdeer, you would have, prior to disclosing such personal data, complied with applicable data protection laws including the Singapore Personal Data Protection Act 2012, including obtaining the appropriate consent from the individuals to whom the personal data relates and is being disclosed, in order to:

(1) permit you to disclose such individuals’ personal data to Bitdeer for the purposes of the Reservation and/or the purchase of the Products; and

(2) permit Bitdeer and/or its Affiliates to collect, use, disclose and/or process the personal data for the purposes of the Reservation and/or the sale of the Products.

6.19 Bitdeer may disclose any user content or electronic communication of any kind under the following circumstances:

(1) to satisfy any law, regulation, or government request;

(2) if such disclosure is necessary or appropriate to process the Reservation and the purchase of the Products, and operate our Website; or

(3) to protect the rights or property of Bitdeer and/or its affiliates, Bitdeer’s Users and/or you.

6.20 You shall not make statements or representations, or otherwise communicate, directly or indirectly, in writing, orally or otherwise, or take any action which may, directly or indirectly, disparage or be damaging to Bitdeer (including any of Bitdeer’s subsidiaries, affiliates, officers, directors, employees, partners or stockholders); provided that nothing in this paragraph shall preclude you from making truthful statements or disclosures that are required by applicable law, regulation or legal process.

6.21 YOU HEREBY UNDERSTAND THAT THE FOLLOWING (EACH, A "RESTRICTED PERSON") SHALL NOT MAKE RESERVATION: 1) ANY ENTITY THAT IS REGISTERED OR OPERATING IN A SANCTIONED JURISDICTION, OR ANY INDIVIDUAL WHO IS A NATIONAL OR RESIDENT OF A SANCTIONED JURISDICTION; 2) ANY ENTITIES OR INDIVIDUALS THAT ARE RESTRICTED UNDER APPLICABLE TRADE SANCTIONS AND EXPORT COMPLIANCE LAWS; OR 3) ANY ENTITIES OR INDIVIDUALS THAT ARE RESTRICTED UNDER BITDEER’S COMPLIANCE OBLIGATIONS AND/OR INTERNAL RISK CONTROL POLICIES. THE ABOVE LIST IS NOT EXHAUSTIVE. BEFORE MAKING RESERVATION, PLEASE CONFIRM THAT YOU ARE NOT A RESTRICTED PERSON AND YOU WILL NOT SELL, SHIP, OR OTHERWISE TRANSFER ANY PRODUCTS TO ANY RESTRICTED PERSON. IN THE EVENT THAT YOU VIOLATE THE ABOVE (INCLUDING THAT YOU ARE A RESTRICTED PERSON AND YOU MAKE RESERVATION AND/OR PURCHASE PRODUCTS, OR THAT YOU SELL, SHIP, OR TRANSFER PRODUCTS TO RESTRICTED PERSON), ALL LEGAL RISKS AND LIABILITIES CAUSED BY OR ARISING FROM SUCH VIOLATION SHALL BE ENTIRELY BORNE BY YOU, AND BITDEER SHALL HAVE THE RIGHT TO REFUSE TO CONFIRM YOUR RESERVATION AND/OR SELL THE PRODUCT TO YOU, AND YOU SHALL NOT BE ENTITLED TO ASK BITDEER TO PROVIDE ANY REFUND.

6.22 YOU AGREE THAT BITDEER RESERVES THE RIGHT TO RESTRICT THE SHIPMENT OF THE PRODUCT TO CERTAIN COUNTRIES OR REGIONS IN ACCORDANCE WITH RELEVANT LAWS AND REGULATIONS, BITDEER'S COMPLIANCE OBLIGATIONS AND/OR INTERNAL RISK CONTROL POLICIES. FOR THE AVOIDANCE OF ANY DOUBT, THE FACT THAT BITDEER DOES NOT RESTRICT SHIPMENTS TO A PARTICULAR COUNTRY OR REGION DOES NOT MEAN THAT IT IS LAWFUL TO RESERVE, PURCHASE OR USE THE PRODUCT IN THAT COUNTRY OR REGION. IT IS YOUR RESPONSIBILITY TO ENSURE THAT YOUR RESERVATION, PURCHASE AND/OR USE OF THE PRODUCT DOES NOT VIOLATE ANY APPLICABLE LAWS AND REGULATIONS, OTHERWISE YOU SHOULD NOT RESERVE, PURCHASE AND/OR USE THE PRODUCT.

VII. Liability for Breach of Agreement

7.1 YOU AGREE THAT BITDEER MAY, IN ITS SOLE DISCRETION AND WITHOUT PRIOR NOTICE, SUSPEND OR TERMINATE YOUR ACCESS TO THE WEBSITE AND/OR BLOCK YOUR FUTURE ACCESS TO THE WEBSITE IF BITDEER DETERMINES THAT YOU HAVE VIOLATED THIS AGREEMENT OR OTHER AGREEMENTS OR GUIDELINES WHICH MAY BE ASSOCIATED WITH YOUR USE OF THE WEBSITE AND/OR THE RESERVATION (THE “BREACH OF THE AGREEMENT”). WITHOUT LIMITING ANY GENERAL LIABILITY AND INDEMNITY PROVISIONS THAT ARE SET OUT IN THIS AGREEMENT, YOU SHALL BE LIABLE FOR ALL LOSSES (AS DEFINED IN CLAUSE 8.6 OF THIS AGREEMENT) OF BITDEER CAUSED BY YOUR BREACH OF THE AGREEMENT. WHEN BITDEER DETERMINES THAT YOUR BREACH OF THE AGREEMENT HAS OCCURRED, BITDEER MAY WITHHOLD FROM AMOUNTS OTHERWISE DUE AND PAYABLE TO YOU ITS LOSSES CAUSED BY YOUR BREACH OF THE AGREEMENT. YOU ALSO AGREE THAT ANY BREACH OF THE AGREEMENT BY YOU WILL CONSTITUTE AN UNLAWFUL AND UNFAIR BUSINESS PRACTICE, AND WILL CAUSE IRREPARABLE HARM TO BITDEER, FOR WHICH MONETARY DAMAGES WOULD BE INADEQUATE, AND YOU CONSENT TO BITDEER OBTAINING ANY INJUNCTIVE OR EQUITABLE RELIEF THAT BITDEER DEEMS NECESSARY OR APPROPRIATE IN SUCH CIRCUMSTANCES. THESE REMEDIES ARE IN ADDITION TO ANY OTHER REMEDIES BITDEER MAY HAVE AT LAW OR IN EQUITY. YOU AGREE THAT BITDEER WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR SUSPEND OR TERMINATION OF YOUR ACCESS TO THE WEBSITE AS A RESULT OF ANY OF YOUR BREACH OF THE AGREEMENT.

7.2 If Bitdeer reasonably suspects that the User makes Reservation in an illegal, fraudulent, or other improper manner, Bitdeer shall have the right to suspend or freeze User’s Reservation until the User can provide proof of compliance to Bitdeer’s satisfaction.

7.3 You agree that Bitdeer may, in its sole discretion and without prior notice, terminate your access to the Website, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Website or any service offered on or through the Website, or (4) unexpected technical issues or problems.

VIII. Disclaimers and Limitation of Liability

8.1 BITDEER DOES NOT PROMISE THAT THE RESERVATION WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR RESERVATION WILL PROVIDE SPECIFIC RESULTS. THE RESERVATION ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION RELATED TO THE SERVICES PROVIDED ON THE WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE. BITDEER CANNOT ENSURE THAT ANY SERVICES YOU RECEIVE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BITDEER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BITDEER DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICES. YOU ASSUME TOTAL RESPONSIBILITY AND RISKS FOR YOUR RESERVATION. UNLESS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, YOUR SOLE REMEDY AGAINST BITDEER FOR DISSATISFACTION WITH THE RESERVATION IS TO STOP MAKING RESERVATION. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. THE ABOVE DISCLAIMER APPLIES TO ANY DAMAGES, LIABILITY OR INJURIES CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION.

8.2 Bitdeer reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Website, or any portion of the Website, for any reason; (2) to modify or change the Website, or any portion of the Website, and any applicable policies or terms; and (3) to interrupt the operation of the Website, or any portion of the Website, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

8.3 Bitdeer shall not be liable for service suspension or termination occurring by reason of circumstances beyond its control, including but not limited to war (declared or undeclared), terrorist activities, acts of sabotage, blockade, fire, lightning, acts of god, national strikes, riots, insurrections, civil commotions, quarantine restrictions, epidemics, earthquakes, floods, hurricanes, explosions and regulatory and administrative actions or delays. In the event of such force majeure, Bitdeer shall take reasonable steps to minimize interruptions and loss but shall have no liability caused by or incidental to such force majeure.

8.4 The User agrees that any third-party links provided by Bitdeer is for convenience and reference only. Bitdeer's provision of these third-party links does not mean that it confirms these links and the content displayed on these links. Since these third-party links are not controlled by Bitdeer, Bitdeer cannot guarantee that User's access to such links is safe and virus-free. Bitdeer is not responsible for any loss caused by the User’s accessing such third-party links and any other third-party links not controlled by Bitdeer.

8.5 The User hereby understands and agrees: unless it is expressly agreed in writing by Bitdeer in advance, under any circumstances Bitdeer shall not be liable for the following events and the User’s losses due to the following events:

(1) loss of trading profits;

(2) service interruption not caused by Bitdeer’s intentional misconduct;

(3) damage or loss of information/data not caused by Bitdeer ’s intentional misconduct;

(4) implementation or change of laws, regulations and policy factors;

(5) that the User is restricted under Bitdeer’s compliance obligations and/or internal risk control policies based on the information provided by the User (including but not limited to the Personally Identifiable Information, financial information and digital asset wallet address);

(6) loss caused by the User's fault or violation of this Agreement (including but not limited to providing inaccurate information to Bitdeer, leaking password to third parties, etc.);

(7) other events not controlled by Bitdeer.

8.6 YOU AGREE AND ACCEPT THAT: WITHOUT DUPLICATION OF ANY OTHER RIGHTS TO RECOVERY OR INDEMNITY SET FORTH IN THIS AGREEMENT, YOU SHALL INDEMNIFY AND DEFEND BITDEER, ITS PARENTS, SUBSIDIARIES, AND AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND ADVISORS, AGAINST, AND SHALL HOLD BITDEER, ITS PARENTS, SUBSIDIARIES, AND AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND ADVISORS, HARMLESS FROM, ANY LOSS, LIABILITY, CLAIM, ACTION, SUIT, OR EXPENSE (COLLECTIVELY, “LOSSES”, INCLUDING REASONABLE ATTORNEY’S FEE) CAUSED BY OR RESULTING FROM YOUR BREACH OF THIS AGREEMENT (INCLUDING BUT NOT LIMITED TO YOUR BREACH OF ANY OBLIGATION, REPRESENTATION OR WARRANTY UNDER THIS AGREEMENT). IN NO EVENT SHALL BITDEER, ITS PARENTS, SUBSIDIARIES, OR AFFILIATES, OR EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR ADVISORS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT.

8.7 IF YOU HAVE ANY BASIS FOR RECOVERING DAMAGES (INCLUDING BREACH OF THIS AGREEMENT), TO THE EXTENT PERMITTED BY THE APPLICABLE LAW, YOU AGREE THAT YOUR EXCLUSIVE REMEDY IS TO RECOVER FROM BITDEER DIRECT DAMAGES UP TO AN AMOUNT EQUAL TO THE FEES YOU HAVE PAID TO BITDEER FOR THE RESERVATION.

IX. Miscellaneous

9.1 Waiver: no delay or omission as to the exercise of any right or power accruing upon any default by the User shall impair Bitdeer’s exercise of any right or power or shall be construed to be a waiver of any default or acquiescence therein.

9.2 Severability: to the extent possible, if any provision of this Agreement is held to be illegal, invalid or unenforceable in whole or in part by a court, the provision shall apply with whatever deletion or modification is necessary so that such provision is legal, valid and enforceable and gives effect to the commercial intention of the Parties. The remaining provisions of this Agreement shall not be affected and shall remain in full force and effect.

9.3 Governing Law: this Agreement shall be governed in all respects by the laws of Singapore without regard to conflicts of law principles.

arbitrability of such dispute, controversy, or claim, except that Bitdeer may seek injunctive or equitable relief in a court of proper jurisdiction if the claim relates to your infringement, threatened infringement or other misuse of Bitdeer’s intellectual property rights.UNLESS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, YOU AND BITDEER HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. In the event that there is an ongoing dispute proceeding between you and Bitdeer, either you or Bitdeer shall have the right to suspend the performance of all its obligations until such dispute is settled in full.

9.5 Arbitration Agreement. Any dispute arising out of or in connection with this agreement, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The Tribunal shall consist of three (3) arbitrators, one to be appointed by you, one to be appointed by Bitdeer and the third to be appointed by the President of the Court of Arbitration of the SIAC for the time being. The language of the arbitration shall be English. The arbitration cost shall be borne by the losing party. The losing party shall also compensate the winning party’s legal fees and other expenses.ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A REPRESENTATIVE (INCLUDING, WITHOUT LIMITATION, PAGA) OR COLLECTIVE CLASS BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE USER, PERSON, OR ENTITY CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER USER, PERSON, OR ENTITY.

9.6 Replacement of Prior Agreements: By continuously making Reservation or continuing the Reservation process, you acknowledge that this Agreement shall replace and supersede all prior agreements between you and Bitdeer with respect to the subject matter provided for herein.

9.7 Version: the English version of this Agreement shall prevail.