The short version
Open Mine is a marketplace. You buy a miner — a specific, serial-numbered ASIC — and you own that machine. It stays in an independent Provider’s facility, which hosts it and points its hashrate at the mining pool you control. The Operator (Everminer, LLC) runs the marketplace, the routing, and the billing, and acts as the Provider’s agent. You pre-fund a US-dollar balance; hosting is billed daily and only for hashrate actually delivered. Your Bitcoin is paid straight to you by your pool — we never touch it. Every Marketplace miner includes a Provider-backed lifetime warranty and automatic failover within that Provider’s fleet. You are never charged to repair, maintain, or replace the machine, you do not lose it, and you keep receiving your share of the Provider’s delivered hashrate. What is not promised is how much: there is no service level and no guaranteed amount of hashrate. Unspent balance is refundable, and mining is a real business you can lose money at.
Part 1
A plain-English summary, for convenience. The binding text is Part 2 below; if the two ever differ, Part 2 controls.
Open Mine is a marketplace and a set of shared services — not a hosting provider. The machines are owned by you and hosted by independent Providers. When you buy a miner the seller is a Provider (or, on a resale, another client), and the Operator acts as the seller’s agent: it runs the listings, the routing, the ledger, and the billing. Providers set their own prices and make no uptime promises; instead, each Provider’s measured performance is recorded and published, so you choose on track record rather than promises.
A real, physical ASIC miner identified by its serial number. You own the device. It stays racked in the Provider’s facility, where it is hosted and mines for you. Because it is your equipment, its serial number is shown to you at purchase and title passes to you when the sale completes.
Your miner’s hashrate is pointed at a mining-pool account that only you control, and the pool pays your Bitcoin straight to you. The Operator and the Provider never hold, route, or take custody of your Bitcoin. Open Mine is not a wallet, an exchange, an investment, or a financial product — it sells equipment and delivers compute.
You keep a prepaid US-dollar balance with us — a prepayment for marketplace services. Hosting is billed once a day, at the $/kWh rate fixed for your miner at purchase, and only for the hashrate your miner actually delivered that day; over-delivery is billed only up to a small margin (currently 10%) above rated capacity. A miner that is switched off but still occupying rack space pays the Provider’s storage fee instead, which is smaller. You can request a refund of eligible unspent funds at any time. The security buffer and active purchase or bid reserves are unavailable for withdrawal while those obligations remain; see section 6.
The commercial terms you accept at checkout — hosting rate, storage fee and the Provider’s change policy — are locked to your miner. Open Mine calculates one security buffer for your entire account. A Provider may change the commercial rates only after the lock period stated in those terms, and only within the maximum percentage they state; never sooner, never more. Some miners are sold “prepaid-for-life” and are never billed for hosting at all.
Lifetime warranty is a Provider’s promise, not Open Mine’s, and it is included with every miner bought through the Marketplace. For as long as the miner stays hosted with that Provider and your account is in good standing, it means: the hardware is never your bill — you are never charged to repair, maintain, or replace the machine, however long you hold it and whatever goes wrong with it; the machine stays yours, since a failure does not take your ownership away; and you keep receiving your share of the Provider’s delivered hashrate.
That last part works through pooling rather than through fixing your particular box. Your miner points at our Stratum Router, which combines it with the rest of the Provider’s fleet into one pooled hashrate and shares delivery across that fleet. The Provider decides what is worth repairing and when; what you are entitled to is your miner’s proportional share of whatever that fleet actually produces — the same percentage as every other warranted client on that fleet, whether or not your particular machine is the one turning. That is what makes the repair decision not your problem and not your invoice.
What the warranty does not promise is how much. It fixes your share, not the amount: nobody guarantees uninterrupted output or nameplate hashrate, delivery varies with maintenance, curtailment, repairs, pool issues, and network conditions, and a Provider is not obligated to deliver any fixed amount. Because billing follows measured delivery, you are only ever charged for what actually arrives.
One Open Mine security buffer covers all your miners at every provider. It is X days of hosting at full delivery plus Y days of storage, initially 2 and 30 days; the administrator can change these platform settings. Below this threshold your fleet pauses and storage fees continue. The dashboard shows available funds, the buffer, reserves and a forecast of the time left.
At an actual negative balance, eligible miners enter parallel seven-day auctions starting at $1. Only lots that have never received a bid are withdrawn automatically once funded net bids cover the debt, costs through settlement and the remaining fleet’s buffer. Lots with bids continue. You can pay the published cancellation fee to remove selected new recovery lots, including lots with bids, if your actual funds cover the remaining buffer and fees; bidders receive a full refund. Unsold lots require administrative review, with no automatic repeat auction. Section 8 explains this in detail.
The security buffer applies to every Client automatically, without a separate financial acceptance. Support and top-ups remain available. Outstanding debts must settle before physical pickup.
You can list your miner on the marketplace at any time. The buyer steps into your exact terms and the hosting arrangement moves to them; we charge a 5% marketplace fee. Or you can take the machine physically: settle any debts, pay the Provider’s pickup fee, and collect it “as is” in its then-current condition, with shipping and logistics at your cost. For most owners, selling on the marketplace nets more than shipping a used ASIC home.
If a Provider can no longer host — power, licence, or solvency — hosting there ends. You then have 30 days to collect your machine or move it to another Provider that agrees to take it, with transport at the failed Provider’s cost where feasible. Machines neither collected nor moved within 30 days pass to the Provider.
Mining is a risky business. A miner is industrial equipment, not an investment; buying one is not a security or a deposit, and no earnings figure on the site is a promise — they are estimates. Bitcoin price, network difficulty, energy costs, and pool performance all move outside anyone’s control, and mining can be unprofitable. You can lose money. What is always yours: title to your machine, the Bitcoin your pool has already paid you, and your refundable balance.
Part 2
The complete, legally binding agreement for all Participants. In any conflict with Part 1, this Part 2 prevails.
These Terms use three roles:
“Participant” means any account holder. The Operator’s affiliates may act as Providers or Clients on the same terms as anyone else.
The Operator operates the Platform and acts as disclosed agent of the seller in each sale — the Provider in a primary sale, the selling Client in a resale. The sale of a miner and the hosting arrangement are contracts between the Client and the Provider; the Operator is a party to these Terms but is not the seller, except where an affiliate is disclosed as the Provider.
The Operator and the Provider never take possession, custody, or control of any Participant’s Bitcoin. Hashrate is delivered to Pool Accounts the Client controls, and pools pay Clients directly. The Operator is not a bank, money transmitter, exchange, wallet, broker, or investment company, and gives no investment, legal, or tax advice.
Payments to the Platform may be received by affiliated collection agents on the Operator’s behalf — in particular, EUR SEPA transfers are received by Cyberian Mine GmbH as the Operator’s EU payment-collection agent. Payment to a designated collection agent discharges the obligation as if paid to the Operator.
A purchase completes when the Platform confirms payment (or a Balance debit) and records the sale. At completion, title to the specific serial-numbered Device passes to the Client, and the Device’s Locked Terms take effect between the Client and the Provider. The Device remains installed at the Provider’s facility and is not shipped on purchase; as owner, the Client bears the risk in the Device, subject only to the way hosting is delivered and billed under sections 6 and 7.
Hosting and storage invoices are issued in the name of the Provider as supplier, and identify the Operator as billing and collection agent. Where a Provider instructs the Operator to apply VAT or similar taxes, they are shown on the invoice. Each Participant is responsible for its own taxes (section 13).
The exact terms displayed and accepted at checkout are recorded as the miner’s Locked Terms and are not affected by later changes to a Provider’s offers for other units. A Provider may revise a sold miner’s Locked Terms only (a) after the lock interval stated in those terms has elapsed, and (b) within the maximum percentage per revision stated in those terms; revisions apply prospectively after notice through the Platform. Miners sold at a zero hosting rate (“prepaid-for-life”) are never charged hosting for the life of the arrangement.
Open Mine works on prepayment: the Client funds a Balance, and purchases and fees settle against it. The Balance is a US-dollar-denominated, non-interest-bearing prepayment for marketplace services; it is not a deposit or electronic money.
For every Client, the security buffer B equals X days of hosting at 100% delivery plus Y days of storage for every owned Device across all Providers. Initially X is 2 and Y is 30; the Operator’s administrator sets these platform-wide parameters prospectively. The buffer replaces provider-specific operating minimums without altering the recorded hosting rate, storage fee, change limits or original contract dates. It stays in the wallet and is available for contractual service charges, but not for voluntary purchases, bids or withdrawals. Leading bids and paid-but-unfulfilled equipment purchases also protect the same prospective buffer P for the future Devices. Only the chosen bid amount is held in escrow; B and P create no additional money hold. Funding a month of hosting is a recommendation, not a purchase condition under this model.
Hosting is billed daily for each active miner, computed from the measured hashrate delivered at the Locked Terms rate; over-delivery is billed only up to a small margin (currently 10%) above rated capacity, and under-delivery scales the fee down with it. A miner that is not mining — for any reason, including a Client-requested pause — is charged the storage fee instead. Unpaid amounts are a debt owed by the Client.
Eligible unspent Balance is refundable. For all accounts, the refundable amount excludes active reserves and B plus P while the related obligations remain. These limits are shown separately from total funds and do not deduct holds twice. Once no owned or committed future Devices remain, their buffer is zero. On request at any time, the Operator returns eligible unspent Balance — normally over the rail it arrived on (bank transfers back to a bank account, digital-asset payments back in the same asset at the conversion rate on the payout date), or another rail agreed with the Client — less actual transfer costs, within 30 days, subject to section 14 (compliance). The Operator may ask you to confirm the destination matches the original source of funds. Mining rewards are never part of your Balance — they are paid to you by your pool (section 7).
Lifetime warranty is a commitment of the Provider, not of the Operator, and every Provider publishes it for every Device sold through the Marketplace. Beginning with version 3 of these Terms, it is a continuing condition of listing or hosting through the Platform for every Device then listed or hosted, including Devices sold before version 3 and every later resale or auction. This service assurance is not a commercial Locked Term under section 5 and does not change a Device’s price, hosting rate, storage fee, or change policy.
For as long as the Device stays hosted with that Provider and the Client’s account is in good standing: the Provider bears the full cost of repairing, maintaining, and replacing that Device, for the life of the Client’s ownership and irrespective of the cause of failure; the Client is never charged for repair, maintenance, or replacement; and the Client’s ownership is not divested by the Device’s failure. This is an express contractual commitment of the Provider and runs with the Device on any transfer under section 9. It switches off only in the circumstances written in these Terms: while the account is not in good standing (which covers the Client’s own overdue amounts, including under section 8, and any suspension or termination under section 15), on physical pickup (section 10), and on Provider cessation (section 11). Where good standing is restored, the warranty resumes.
The warranty is discharged through pooling, not through repairing any particular Device. Each Client designates and maintains a Pool Account; the Platform routes the Client’s hashrate to it through the Stratum Router, which combines each Provider’s Devices into one pooled hashrate and distributes delivery across that Provider’s fleet. Automatic failover is limited to that Provider’s fleet; there is no cross-provider fallback. The Provider remains free to decide what is worth repairing and when, and is not obligated to restore or replace any individual Device.
What the Client is entitled to instead is a share. While the warranty applies, the Client is entitled to that Device’s pro-rata share of what the warranted Devices actually deliver — the Device’s Nominal Hashrate as a proportion of the Nominal Hashrate of all Devices that Provider hosts under warranty, applied to the aggregate output of those same warranted Devices (not of the Provider’s unsold or unwarranted Devices, whose output is the Provider’s own under section 12) — allocated without discrimination between Clients and without regard to whether that Client’s own Device is the one running. A Provider that preferences one Client’s share over another’s, or diverts a warranted Client’s share to its own account, is in breach. That share entitlement, the cost protection, and the survival of ownership are what the warranty guarantees, and they are enforceable performance obligations under section 17.
The warranty fixes the share, never the amount. There is no service-level agreement: neither the Operator nor any Provider guarantees uninterrupted output or nameplate hashrate, and no Provider is obligated to deliver any fixed amount — the fleet’s output is what it is, and the Client’s protected interest is their proportion of it, not a floor under it. Delivery may vary — including materially — because of maintenance, curtailment, repairs, pool issues, network conditions, or other operating events, and a reduced level is expected behaviour, not a breach of the warranty or of these Terms. Because billing follows measured delivery (section 6), the Client is charged only for what is delivered. Provider performance is recorded and published under section 12.
The Platform may send low-balance warnings as a courtesy; a failure to warn creates no liability, and a Client may pause any of its miners at any time. Under the explicitly platform-wide security buffer model, when actual wallet funds after holds fall below B, all of the Client’s mining pauses and contractual storage charges continue. Mining may resume at exactly B, without an extra required hosting day; Client-requested pauses remain in place. Expected auction proceeds do not count as cash and cannot resume mining. Physical hashrate is directed to the Provider’s own fall-back account for the Provider’s benefit while paused.
The Client is notified when mining pauses, with a storage-runway forecast based on actual funds and contractual storage costs, and receives recovery warnings. At the first actual negative Balance, the Client authorises the Operator as agent to publish eligible owned Devices in parallel seven-day recovery auctions with a $1 starting price. There is no additional 30-day grace period after the Balance becomes negative. Published commercial terms, sale commission and cancellation rights are frozen per lot. Net sale proceeds settle outstanding charges and credit the Client’s wallet; no remaining surplus is forfeited.
When funded leading bids project enough net proceeds to cover debt, unposted contractual charges and storage through settlement, plus B for the remaining fleet and P for already committed future Devices, the algorithm withdraws only lots with no history of an accepted bid. Every lot with an accepted bid continues to its deadline. If projected coverage later falls short, the case requires administrative review; the algorithm does not silently relist withdrawn lots or refund accepted bids to reduce the sale.
The owner may explicitly cancel selected open new recovery lots, including lots with accepted bids, only when actual post-fee funds cover the remaining protected B plus P. The frozen cancellation fee per lot is 1% of its buy-now price, or its starting price if there is no buy-now price, with a $10 minimum. Active bidders receive their full held bid once. A top-up alone never cancels these lots or charges a cancellation fee. Expired or finalizing lots cannot be cancelled by the owner. An auction ending without a buyer requires an administrator’s recorded decision, with no automatic repeat auction or confiscation. The Device remains the Client’s and storage charges continue under its existing contract.
The security buffer and recovery rules apply to every Client. Existing historical forced auctions keep their published debt-cure and refund rights. Already funded purchases and accepted sales complete on their frozen commercial contracts. No physical pickup is available while debts remain. Automatic withdrawal rules above do not remove any published manual cancellation right.
A Client may list any miner for resale on the marketplace at any time. On completion, including a forced sale: title to the Device passes to the buyer; the hosting arrangement, with identical Locked Terms, is assumed by the buyer; and the seller is released from obligations accruing afterwards. The section 7 lifetime warranty and automatic failover commitment continues with every transfer, including where the original purchase predates version 3 of these Terms. Each Provider consents in advance to these transfers and no further consent is required. A marketplace fee applies to a resale and is shown before you confirm. A Client exits a miner only by resale, by physical pickup (section 10), or through sections 8 and 11 — ownership cannot simply be abandoned.
A Client with no outstanding debts may take physical possession of a Device by paying the Provider’s then-current pickup fee, which the Provider sets and which may be substantial. After the fee is paid, the Provider makes the Device available for handover within a reasonable time at its facility, strictly “AS IS, WHERE IS” in its then-current condition — which may include total functional failure — with no warranty as to condition. All transport, packaging, insurance, export, customs, and related costs and arrangements from handover onward are the Client’s. On handover the hosting arrangement for that Device ends.
If a Provider ceases hosting for any reason — including loss of power, licence, or solvency — it must promptly notify the Operator, and the Platform will notify affected Clients; hosting arrangements at that Provider end. For 30 days from that notice each affected Client may (a) take physical possession under section 10, or (b) arrange transfer to another Provider that agrees to receive the Device, with reasonable transport borne by the ceasing Provider where feasible. Title to Devices neither collected nor transferred within the 30-day window passes to the Provider, free of the former owner’s claims, as agreed compensation for continued storage and disposal. Client Balances are unaffected and remain refundable under section 6.
A prospective Provider applies through the Platform, providing its legal-entity details, facilities, and commercial terms; the application is an offer, and the contract forms when the Operator approves it. A Provider lists Devices it owns and controls and points them at the Stratum Router; until a Device is sold, its hashrate returns to the Provider’s own fall-back account, and the Provider may unlist or switch off any unsold Device at any time without fee or penalty. On sale, the Platform routes the Device’s hashrate to the buyer’s Pool Account and begins billing.
Providers set their own commercial terms and give no uptime commitment, no downtime compensation, and no scheduled maintenance windows. As a condition of listing or hosting a Device through the Marketplace, every Provider publishes and is bound by the lifetime warranty and automatic failover commitment in section 7 — bearing its own repair, maintenance, and replacement costs and never billing a Client for them, while remaining free to decide what is worth repairing and when. In place of a service level, each Provider consents, for as long as it has Devices listed or hosted, to the Operator recording and publicly publishing its performance statistics. The Operator collects all Platform payments and settles with each Provider monthly — sale proceeds, hosting, and storage fees, less the marketplace fee — and may deduct from settlements refunds attributable to the Provider, payment reversals and chargebacks, amounts the Provider owes, and a reasonable reserve while a suspected material breach is investigated (released promptly afterwards).
The Operator charges an agency fee of five percent (5%) on the amounts it collects and settles on a Participant’s behalf, including sale proceeds on primary sales and resales, deducted at source. Each Participant is responsible for its own taxes: Providers for VAT and similar taxes on their supplies (and for instructing what appears on invoices), and Clients for taxes on their mining income and for duties on any imported equipment they pick up. The Operator gives no tax advice.
You must be at least 18 and able to contract; if you act for an entity, you confirm you are authorised to bind it. The Platform may not be used by or for persons on applicable sanctions lists, in comprehensively sanctioned jurisdictions, or for unlawful purposes, and you represent on each use that none of these applies to you. The Operator does not require identity verification to open an account, but may at any time require identity, corporate, or source-of-funds documentation for sanctions, anti-money-laundering, or fraud-prevention purposes, and may suspend accounts, transactions, or payouts pending a satisfactory response or where the law requires. You must not interfere with the Platform or the Stratum Router, or circumvent or manipulate routing, metering, billing, or statistics.
These Terms apply for as long as you have an account, and you may stop using the Platform at any time. The Operator may suspend or terminate an account, listing, or transaction for material breach, fraud, unlawful use, or on the compliance grounds in section 14; where practicable it will give notice and an opportunity to cure. Suspension or termination does not affect title to Devices: the exit routes — resale (section 9) and pickup (section 10) — remain available, subject to outstanding debts and section 14, and unspent Balance remains refundable under section 6 unless the law requires otherwise. The Operator may discontinue the Platform as a whole with reasonable prior notice.
This section does not cut down the lifetime warranty in section 7, which is an express commitment and survives everything below; what follows disclaims what is not promised, including any particular quantity of hashrate.
Otherwise the Platform and all services are provided “AS IS” and “AS AVAILABLE”. To the fullest extent permitted by law, the Operator and each Provider disclaim all implied warranties and conditions, including merchantability, fitness for a particular purpose, non-infringement, and uninterrupted or error-free operation. A miner is industrial equipment; nothing on the Platform is a security, a deposit, a savings product, a collective investment, or any other financial product, no Participant owes another fiduciary duties, and the Operator promises no yield, profit, or return. All earnings figures shown anywhere are estimates, not commitments, and depend on factors outside anyone’s control — network difficulty, the Bitcoin price, energy markets, and pool performance. Mining may be unprofitable.
To the fullest extent permitted by applicable law, no Participant, and neither the Operator nor its affiliates, is liable to any other Participant for any loss or damage of any kind arising out of or relating to the Platform, any sale, any hosting arrangement, or these Terms — including direct, indirect, incidental, special, consequential, exemplary, and punitive damages, lost profits, lost mining income or rewards, lost data, and business interruption — under any theory of liability, even if advised of the possibility. Nothing here excludes liability that cannot be excluded by law, including for fraud or wilful misconduct.
For clarity, the lifetime warranty (section 7), the duty to refund Balances (section 6), the passing and honouring of title (sections 4, 9, and 11), and settlement obligations (section 12) are performance obligations, not liability for damages, and remain enforceable. If, despite the above, liability is nonetheless imposed on the Operator or a Provider, that party’s aggregate liability to the claimant for all claims arising in any 12-month period is capped at the total amounts that party actually received from the claimant in that period. Each Participant will hold the Operator and its affiliates harmless from third-party claims arising from that Participant’s breach, unlawful conduct, or — for Providers — the operation of its facilities and equipment.
These Terms and any dispute relating to them or the Platform are governed by the laws of the State of Delaware, USA, excluding its conflict-of-laws rules, and the Federal Arbitration Act governs this section. The parties will first try to resolve any dispute informally, by written notice followed by 30 days of good-faith discussion.
Any dispute not resolved informally will be finally resolved by binding arbitration administered by the American Arbitration Association (under its Consumer Arbitration Rules where they apply, otherwise its Commercial Arbitration Rules), before one arbitrator, in English, seated in Wilmington, Delaware, with remote hearings permitted. All disputes are resolved on an individual basis: to the fullest extent permitted by law, class, collective, and representative actions are waived, claims may not be consolidated, and each party waives trial by jury. If the class waiver is held unenforceable for a dispute, that dispute proceeds only in the state or federal courts in Delaware, to whose exclusive jurisdiction the parties submit. Either party may still bring an individual claim in small-claims court, or seek injunctive relief in the Delaware courts for intellectual-property or unauthorised-access matters. A new Participant may opt out of arbitration by written notice to the Operator within 30 days of first accepting these Terms. Any claim must be brought within one year after it arose, to the extent the law permits.
You accept these Terms electronically — by creating an account and agreeing, and, on each purchase, by completing checkout, which accepts that sale’s Locked Terms; the Platform records each acceptance (version, account, time, and network origin) as evidence. The Operator may update these Terms; material changes are announced at least 14 days before they take effect, and continuing to use the Platform (for a Provider, keeping Devices listed or hosted) after the effective date means acceptance. The status line at the top of these Terms states whether the Platform has launched: while it reads “pre-launch” these Terms are still being settled and a change takes effect when it is published, and the first version published without that pre-launch status marks launch, from which version onwards the 14-day notice period applies to every material change. Changes never alter the Locked Terms of completed sales. The universal service assurance introduced in version 3 is a Platform participation condition under section 7, not a revision to a Device’s commercial Locked Terms. How personal data is handled is described in the Privacy Policy, which forms part of these Terms.
One security buffer applies across the Platform to every Client without a separate financial acceptance. The dashboard and checkout show the actual account buffer and the additional buffer for prospective purchases and leading bids. Changes to the platform-wide hosting and storage day parameters are recorded in the administrator audit history. The general Terms acceptance mechanism does not select a different financial service model or change an existing sale’s frozen commercial rights.
These Terms (Parts 1 and 2), the Locked Terms of each sale, and the policies referenced on the Platform are the entire agreement about the Platform; Part 1 is a convenience summary and Part 2 prevails. If any provision is unenforceable it is enforced to the maximum extent permissible and the rest stays in force; a failure to enforce is not a waiver; the English text controls. The Operator may assign these Terms to an affiliate or in a merger or sale of the business; Participants may not assign them, except that hosting arrangements transfer with Devices under section 9. No party is liable for delay or failure caused by events beyond its reasonable control (force majeure); section 11 applies if force majeure ends a Provider’s hosting. Notices may be given through the Platform or to your account email.
The Operator is Everminer, LLC. Its affiliated EU payment-collection agent is Cyberian Mine GmbH.
Everminer, LLC — Operator (United States)
31 Continental Dr, STE 305Cyberian Mine GmbH — EU payment-collection agent
Rheinsberger Str. 76For any question about these Terms or your account, contact the Operator at max@openmine.io.