Hosting Service Agreement

Last Updated: August 20, 2025

Overview

This AVATRON Hosting Service Agreement (this “Agreement”) contains the terms and conditions that govern your access to and use of the Hosting Service (as defined below) and is an agreement between AVATRON One LLC (“AVATRON Mining,” “we,” “us,” or “our”) and the customer identified on your ordering documentation (“Customer,” “you,” or “your”). This Agreement takes effect when you submit your order (the “Effective Date”) and may be updated from time to time, as contemplated herein, with the most current version being maintained at https://avatronmining.com/hosting-service-agreement. Customer represents to AVATRON Mining that Customer is lawfully able to enter into contracts (e.g., Customer is not a minor). If Customer is entering into this Agreement for an entity, the individual entering into this Agreement on behalf of Customer represents to AVATRON Mining that it has legal authority to bind that entity. Please see Section 14 for definitions of certain capitalized terms used in this Agreement.

1. Parties

This Hosting Service Agreement (“Agreement”) is entered into by and between AVATRON One LLC, a company organized and existing under the laws of the United States (“AVATRON One”), and the customer (“Customer”).

2. Scope of Services

AVATRON One provides hosting and operation of cryptocurrency mining hardware (“Customer Hardware”) at its hosting facilities, including technical support provided by the AVATRON Mining Concierge Team and the AVATRON Mining Operations Team.

3. Term

  • The minimum term of this Agreement is 12 months from the Commencement Date.

  • After the minimum term, either party may terminate this Agreement with 30 days’ notice.

4. Hosting Fees

Monthly hosting fees are specified in the applicable Service Order. AVATRON One may adjust fees by posting changes on its website or by email. Continued use after changes constitutes acceptance of the updated fees.

5. Payment

  • Hosting fees are due monthly in advance.

  • Payments remain due even during Force Majeure Events.

6. Customer Support

  • AVATRON Mining Concierge Team: Primary contact for technical and operational questions.

  • AVATRON Mining Operations Team: Secondary support if the Concierge Team cannot resolve the issue.

7. Protection Plan (Optional)

Customers may optionally purchase the AVATRON Protection Plan, governed by a separate addendum to this Agreement.

8. Confidentiality

  • “Confidential Information” includes business plans, software, financial data, and customer information.

  • Exceptions apply to information that is publicly known, independently developed, or lawfully received from third parties.

9. Dispute Resolution

9.1 Mediation and Arbitration

  • The parties waive the right to trial by jury and other court proceedings.

  • Disputes shall first be submitted to non-binding mediation, and if unresolved, to binding arbitration under the AAA Commercial Rules.

  • The arbitrator shall apply U.S. federal law and the laws of the State of Delaware.

  • Arbitration awards are final and enforceable.

  • Interim injunctive relief may be sought in court.

  • If AAA declines jurisdiction, JAMS shall serve as the arbitrator.

9.2 Class Action Waiver

  • All disputes must be brought individually; class actions or representative actions are prohibited.

  • Only a court, not an arbitrator, may determine the enforceability of this waiver.

10. Definitions (Selected)

  • Business Day: Any day except Saturday, Sunday, or U.S. federal holidays.

  • Commencement Date: The date Customer Hardware begins operation at the Hosting Facility.

  • Customer Hardware: Cryptocurrency mining equipment owned by the Customer.

  • Hosting Facility / Provider: Data center operated or reserved by AVATRON One.

  • Mining Rewards: Digital currencies mined by Customer Hardware.

  • Force Majeure Event: Natural disasters, pandemics, power outages, regulatory actions, etc.

11. General Provisions

11.1 Headings

Headings are for convenience only and do not affect interpretation.

11.2 Entire Agreement

This Agreement, all Service Orders, and any appendices constitute the entire agreement and supersede prior agreements.

11.3 Further Assurances

Customer shall execute any documents necessary to effectuate this Agreement.

11.4 Force Majeure

No liability for delays or failures caused by Force Majeure; fees remain due. AVATRON One may terminate if performance is permanently impossible.

11.5 Governing Law

This Agreement is governed by the laws of the United States. Legal venue, if required, shall be in U.S. courts.

11.6 Injunctive Relief

Violations of confidentiality may be enjoined immediately by court order.

11.7 Assignment

  • Customer may not assign without written consent.

  • AVATRON One may assign at any time (e.g., in connection with a sale or merger).

11.8 Electronic Consent

Customer agrees to receive and sign all communications and agreements electronically.

11.9 Notices

Notices are deemed received when delivered personally, by fax, mail, courier, or email.

11.10 Limited Agency

AVATRON One may perform limited acts on behalf of Customer to fulfill this Agreement (e.g., documentation at Hosting Facilities).

11.11 Relationship of Parties

No agency, partnership, or joint venture is created by this Agreement.

11.12 Survival

Provisions regarding payment, liability, confidentiality, and dispute resolution survive termination.

11.13 Counterparts; Electronic Execution

This Agreement may be executed electronically or in multiple counterparts, each of which constitutes one agreement.

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