Terms of Use

1. Introduction and Agreement to Terms

This website (the “Website”) is owned, operated, and managed by a company incorporated under the laws of the Republic of Bulgaria (the “Company”). The Company engages in the management, development, operation, and commercial exploitation of trees and related products, including but not limited to wood, biomass, and essential oils.

These Terms of Use form a complete, exclusive, and legally binding agreement between the Company and any natural or legal person who accesses, browses, or uses the Website or the Services provided through it (the “User”).

By accessing or using the Website, the User confirms that they have read, understood, and agreed to be bound by these Terms. If the User does not agree with any part of the Terms, they must refrain from using the Website or any related services.

These Terms govern the use of the Website, the Company’s digital services, and general information regarding available products and services. Any linked digital assets (such as NFTs) are strictly tools for digital identification, traceability, and usage recording (Utility/ID). They are not investment products, financial instruments, or securities, and do not confer any rights to profit-sharing or participation in Company management.

Any data, statistics, or status indicators displayed on the Website or related applications are for informational purposes only.

Where an Individual Agreement is concluded between the User and the Company, its specific provisions shall take precedence over these Terms in the event of conflict, ambiguity, or inconsistency. These Terms shall apply in a supplementary manner, without affecting the rights and obligations established under the Individual Agreement.

Use of the Website constitutes the User’s unconditional, express, and full acceptance of the Terms as amended at any time. Updated Terms become effective upon publication on the Website, and continued use shall be deemed acceptance of such updates.

The Company strives to ensure security, reliability, and optimal performance of the Website and Services, maintaining lawful and accurate information and implementing appropriate technical and operational safeguards.

The Company reserves the right to unilaterally amend, update, or modify these Terms at any time. While minor or technical changes take effect immediately upon their publication on the Website, the Company shall provide reasonable notice for any material changes that significantly affect the User’s rights or obligations, where technically feasible and legally required. The User is responsible for regularly reviewing these Terms. Continued use of the Website or the Services following the publication of any changes constitutes the User’s express and unconditional acceptance of the amended Terms.

2. Definitions and Interpretation

For the purposes of these Terms of Use, the following definitions apply:

· “Services”: Any information, digital functionality, technical support, or commercial activity offered through the Website, including plantation management, maintenance services, and related products.

· “User”: Any natural or legal person who accesses, browses, or uses the Website or its Services.

“Individual Agreement”: means any specific agreement concluded between the Company and the User regarding the sale, lease, or management of biological assets, regardless of its specific title, version, or date of execution (including but not limited to the “Agreement for the Sale of Tree(s) and Lease of Use”).

· “Content”: All text, images, data, files, software, graphics, and other information published or made available through the Website.

· “Platform”: the total technical infrastructure, including the Website, dashboards, and underlying software systems.

· “Third-Party Providers”: Independent service providers — including payment processors, hosting, cloud services, or KYC/AML vendors — that cooperate with the Company in the delivery of Services.

“Tree Ledger”: The internal Usage Recording System maintained by the Company.

· “Plantation”: Any tree or group of trees owned by the Owner and entrusted to the Company for management and commercial exploitation, together with any associated digital identifier (e.g., NFT). This definition excludes future plantings or installations unless expressly agreed in writing.

These Terms shall be interpreted in accordance with applicable law. Section headings are provided for convenience only and shall not affect the interpretation or construction of any provision.

3. Nature of Services – No Investment, Advisory, or Fiduciary Role

The Company provides Services solely related to the management, maintenance, and commercial operation of plantations and associated physical assets (trees).

The User expressly acknowledges and agrees that:

The Company does not offer investment, financial, banking, securities, or insurance services;
The Services and information available through the Website are provided solely for informational, technical, or administrative purposes and do not constitute legal, financial, or investment advice;
No fiduciary relationship, advisory role, or trust obligation exists between the Company and the User;
Use of the Services is entirely at the User’s own risk and responsibility.

The User further acknowledges that the performance and outcomes of any service related to trees or other physical assets are subject to external factors beyond the Company’s control, including but not limited to weather, environmental conditions, regulatory changes, and market fluctuations. No guarantee of return, profit, or future benefit is provided.

4. User Eligibility and Classification /KYC, AML, and Legal Compliance

By accessing or using the Website, the User represents and warrants that they:

Are at least 18 years of age or have full legal capacity under applicable law;
Will provide truthful, accurate, and current information as required;
Are accessing and using the Website in good faith and in full compliance with applicable law and regulations.

The Company reserves the right to deny or discontinue access to Services at its sole discretion and without obligation to justify its decision.

4.1. Identity Verification and KYC

The Company reserves the right to verify the identity of any User at any time, including but not limited to compliance with applicable Know Your Customer (KYC) and Anti-Money Laundering (AML) regulations.

Such procedures may be conducted:

Directly by the Company; and/or
Via authorized third-party service providers specializing in KYC/AML screening.

Access to certain Services may be delayed, suspended, or denied if the User does not complete or fails to complete such verification.

4.2. Sanctions and Legal Use

The User represents, warrants, and agrees that they:

Are not subject to any sanctions, restrictions, or designations under European Union, United States, United Nations, or other applicable international sanction regimes;
Are not using the Website or Services on behalf of any sanctioned entity, individual, or jurisdiction;
Are not using the Website or Services for any unlawful, fraudulent, or unauthorized activity;
Are in full compliance with all applicable laws, including tax, anti-money laundering, and anti-corruption laws in their country of residence or jurisdiction.

The Company reserves the right to suspend or permanently block access by any User suspected of violating applicable legal or regulatory requirements.

4.3. Cooperation with Authorities

Where required by law, regulation, or competent authority, or where reasonably necessary for compliance purposes, the Company may disclose User information to competent authorities, regulatory bodies, or financial institutions for the purposes of fraud prevention, anti-money laundering, tax compliance, or criminal investigations.

5. User Accounts and Security

The Company may, at its sole discretion, provide Users with access to a personal account or dashboard on the Platform (the “User Account”) to facilitate access to Services, view data.

5.1. Access Credentials

The User is solely responsible for:

Maintaining the confidentiality and security of their login credentials;
Preventing unauthorized access to their User Account;
Promptly notifying the Company if they suspect any unauthorized access, loss, or compromise of their account information.

5.2. Responsibility for Activity

The User assumes full responsibility for all actions taken through their User Account, whether authorized or not.

The Company shall not be liable for any loss, damage, or consequence arising from:

Unauthorized access arising from the User’s failure to secure their credentials;
Delay or failure by the User to report misuse or suspicious activity;
Third-party access due to User negligence, compromised devices, or social engineering attacks.

6. Payments and Financial Terms

6.1. Payment Processing

All payments made through the Website are processed exclusively via certified Third-Party Payment Providers. The Company does not collect or store full payment card details directly.

The User acknowledges and agrees that:

Payment processing is governed by the terms, conditions, and privacy policies of the respective Third-Party Providers;
The Company bears no responsibility for any errors, delays, rejections, or disruptions in payment transactions caused by such third parties.

6.2. Fees, Charges, and Taxes

All applicable prices, fees, or charges for Services are displayed on the Website or communicated in writing.

The User is solely responsible for:

Paying any applicable bank, processing fees, or currency conversion costs;
Ensuring full compliance with all tax reporting and payment obligations in their jurisdiction.

6.3. Currency and Exchange

All transactions are denominated in EUR. Where currency exchange is required, the applicable rate shall be determined by the relevant payment provider or financial institution. All associated exchange costs shall be borne solely by the User.

6.4. Refunds

Due to the personalized nature of the Services and the immediate initiation of processing upon payment, refunds are not permitted, unless otherwise required by mandatory law.

7. Nature of the Transaction – Purchase of Physical Asset and Service Lease

Transactions conducted through the Website concern exclusively the purchase of a physical asset (tree) and, where applicable, the leasing of management and exploitation services.

The Services do not constitute an investment product, financial service, or banking transaction. Any reference to production, commercial exploitation, or future benefit relates solely to the nature of the physical asset and services and does not constitute a guarantee or promise of results.

8. Right of Withdrawal

Upon completion of a purchase, a unique identifier (Tree ID) is immediately and automatically recorded in the internal Tree Ledger, permanently linked to the User and the corresponding purchased physical asset.

This renders the good customized and non-returnable. Accordingly, the right of withdrawal does not apply to customized goods under applicable consumer protection law. Customization is evidenced by the permanent and irreversible linkage of the Tree ID with its digital identifier (NFT).

The User acknowledges and expressly accepts this nature of the transaction prior to purchase completion.

9. Intellectual Property

All content, materials, and features displayed or made available on the Website — including but not limited to text, images, logos, graphics, software, designs, databases, interfaces, digital files, source code and documentation (collectively, the “Content”) — are the exclusive property of the Company or its licensors and are protected under applicable copyright, trademark, and intellectual property laws.

The User agrees not to:

Reproduce, copy, distribute, modify, adapt, publish, reverse-engineer, or commercially exploit any part of the Website or Content;
Use the Company’s trademarks, branding, or trade dress without prior written consent;
Remove, obscure, or alter any copyright notices, legal disclaimers or ownership markings.

10. Limited User License

Subject to the User’s ongoing compliance with these Terms, the Company grants the User a limited, non-exclusive, non-transferable, and revocable license to:

Access and use the Website and Services solely for lawful, personal purposes;
View and interact with the Content as intended via the user interface provided.

The license granted herein does not permit the User to:

Copy, reproduce, modify, or redistribute the Website or any of its Content;
Sell, sublicense, lease, or commercially exploit the Website or any component thereof;
Interfere with or disrupt the operation of the Platform, servers, or networks;
Use automated tools (e.g. bots, scrapers) to access, collect or extract data;
Use the Services in violation of any applicable law or regulation.

This license is effective until terminated. It will automatically terminate if the User:

Breaches any provision of these Terms;
Misuses the Website or Services in any unlawful, unauthorized, or abusive manner.

Upon termination, the User must immediately discontinue all access and use of the Website and permanently delete any Content in their possession.

11. Modification and Discontinuation of Services

The Company reserves the right, at its sole discretion and without prior notice, to:

Modify, update, or change any part of the Website or the Services;
Add, remove, suspend, or discontinue features, dashboards, tools, or functionalities;
Alter the structure, format, scope, or availability of digital identifiers (such as NFTs, Tree IDs, or associated metadata);
Migrate or replace underlying technologies (including smart contracts, blockchain networks, or third-party integrations).

Such modifications, suspensions, or discontinuations shall not entitle the User to:

Any refund, compensation, or indemnity;
Continued access to any specific feature, product, service, or data display.

Where required by applicable law (e.g., for Consumers in the EU), the Company will provide reasonable notice prior to such changes, where technically and operationally feasible.

The User acknowledges and accepts that such modifications are inherent to the Platform’s continuous development and are intended to ensure service continuity and technological relevance. Continued use of the Website or Services following any such change constitutes irrevocable acceptance of the updated structure, features, or terms of access.

12. Third-Party Services, Integrations, and External Technology

The Website and Services may include links, interfaces and integrations, or connections to third-party platforms, providers, or technologies, including but not limited to:

External websites or domains;
Application Programming Interfaces (APIs) or developer tools;
Smart contracts or blockchain protocols and networks;
Digital wallets, NFTs, and distributed ledger systems;
Identity verification or compliance providers (e.g. KYC/AML services);
Payment processors.

The Company does not own, operate, or control such Third-Party Services and is not responsible for:

The availability, accuracy, security, legality, or performance of any third-party content or systems;
Any errors, losses, interruptions, cyberattacks, or other failures arising from their use;
The data processing, privacy, or security practices of external platforms or providers.

12.1. User Assumption of Risk

The User:

Uses any Third-Party Services entirely at their own risk;
Is subject to the independent terms, conditions, and privacy policies of such providers;
Fully releases the Company from any liability, claim, or loss resulting from use of, reliance on, or interaction with any third-party technology or service.

The Company makes no warranty as to the compatibility, availability, or interoperability of any third-party component and reserves the right to modify, suspend, or remove such integrations at any time without notice.

13. Force Majeure and Technology Risks

The Company shall not be held liable for any delay, failure, or interruption in the performance of its obligations under these Terms where such failure results from causes beyond its reasonable control, including but not limited to:

Force Majeure events;
Cyberattacks, network outages, or system failures;
Network outages, power failures, or technical infrastructure disruptions;
Changes in applicable laws, regulations, or government policies;
Pandemic, epidemic, or public health emergencies.

The Company will make commercially reasonable efforts to resume Services promptly once the disruptive event has been resolved.

The User acknowledges that access to the Website and/or Services may be subject to technical issues, such as:

Software bugs, latency, or system maintenance;
Errors or vulnerabilities in smart contracts or blockchain failures;
Malfunction or downtime of Third-Party Services (e.g. payment gateways, APIs, hosting).

The User is responsible for maintaining their own backups, device security, and internet connection to mitigate risk, as well as for staying informed about service interruptions.

The Company does not warrant uninterrupted, secure, or error-free access to the Website or Services and disclaims any liability for losses arising from technology failures, except where directly caused by its own proven willful misconduct or gross negligence.

14. Risk Disclosure and Assumption of Risk

The User acknowledges and accepts that the use of the Website and the Services involves inherent risks, including but not limited to:

Technological malfunctions, service interruptions, or infrastructure failures;
Cybersecurity breaches, unauthorized access, hacking, or theft;
Vulnerabilities, errors, or bugs in smart contracts or blockchain systems;
Changes in applicable laws or regulatory frameworks that may impact Services;
Fluctuations in value or performance of underlying assets;
Loss, disruption or inaccessibility of digital assets or identifiers (e.g. Tree IDs, NFTs);
Errors in data entry, configuration, or third-party systems.

The Company makes no representations, warranties, or guarantees regarding:

The accuracy, reliability, completeness, or timeliness of any data, figures, or content displayed on the Website;
The suitability of the Services for the User’s intended purpose or expectations;
The uninterrupted, error-free, or delay-free operation of any system, including digital asset allocation or tracking processes.

By using the Website, the User expressly assumes all associated risks and releases the Company from any and all liability arising therefrom, to the fullest extent permitted by law.

15. Limitation of Liability

To the maximum extent permitted by applicable law:

The User expressly waives any claim for compensation against the Company arising from or related to their use of the Website or Services.
The Company shall only be liable for direct damages proven to result from its willful misconduct or gross negligence.
The Company shall not be liable for any indirect, incidental, consequential, or special damages — including but not limited to loss of data, profits, income, or other economic advantage.

Any damages arising from causes beyond the Company’s reasonable control, including but not limited to:

Force majeure events,
Network or system failures,
Regulatory changes,
Smart contract vulnerabilities,
Third-party service interruptions or failures.

15.1. Exclusion of Liability

The User expressly agrees that they:

Use the Website and Services at their own risk;
Are solely responsible for any decisions or actions taken based on information obtained through the Website;

Nothing in these Terms shall operate to exclude or limit the Company’s liability in cases where such exclusion is prohibited by law, including in instances of fraud, willful misconduct, or gross negligence.

16. Indemnification

The User agrees to fully indemnify, defend, and hold harmless the Company, including its affiliates, directors, officers, employees, and authorized agents from and against any and all claims, liabilities, damages, losses, costs, or expenses (including reasonable legal fees) arising from or related to:

Any violation of these Terms by the User;
Any breach of applicable law, regulation, or third-party rights;
Any misrepresentation, fraud, or negligent act committed by the User;
Any unauthorized or improper use of the Website or Services;
Any claim resulting from User Content or interactions conducted through the Website.

This indemnification obligation shall survive the termination of the User’s access to the Website and the Services and remain enforceable for as long as necessary to cover related claims or liabilities.

17. Termination and Suspension

The Company reserves the right, at its sole discretion and without prior notice, to suspend or permanently terminate a User’s access to the Website, the User Account, or any of the Services in the event of any material or repeated breach of these Terms of Use. Such action may also be taken in cases of failure to comply with KYC or AML requirements, suspicion of fraudulent, abusive, or unlawful behavior, or any attempt to interfere with the technical integrity, security, or proper functioning of the Website. Furthermore, access may be restricted or terminated if required by a competent authority, regulatory body, or due to a change in applicable law.

The User acknowledges and agrees that any material breach of these Terms of Use, including but not limited to unauthorized access or system interference, shall be deemed a material breach of any Individual Agreement concluded between the User and the Company. Such breach grants the Company the right to terminate the Individual Agreement for cause, seek full indemnification for damages, and exercise any rights of offset or withholding as provided in the Individual Agreement.

Where the breach is remediable, the Company may, at its sole discretion, provide the User with written notice and a reasonable cure period not exceeding fifteen (15) days before terminating access. In cases of severe violations—such as fraud, willful misconduct, or security threats—termination may be immediate and without prior notice.

Upon termination of access for any reason, the User shall immediately cease all use of the Website and Services, and all licenses granted under these Terms shall automatically expire. The Company reserves the right to delete or deactivate the User Account and all related information, subject to applicable data retention laws for audit and compliance purposes.

Termination of access or use of the Website shall not affect any rights, remedies, or obligations accrued by either Party prior to the date of the termination. The validity of any Individual Agreement concluded between the User and the Company — particularly regarding physical assets — shall remain governed by its own specific terms.

Certain provisions of these Terms shall survive termination and continue to apply indefinitely unless otherwise limited by law. These include, without limitation: legal compliance and verification obligations, limitation of liability, indemnification, intellectual property rights, license restrictions, and governing law and dispute resolution.

18. Data Protection and GDPR Compliance

The Company processes personal data in accordance with the General Data Protection Regulation (EU) 2016/679 (GDPR), Bulgarian data protection law, and its [Privacy Policy] and [Cookie Policy], which form an integral part of these Terms.

Personal data may be collected for purposes such as identity verification (KYC), service delivery, legal compliance, and user support. Processing is based on lawful grounds, including contract performance, legal obligation, consent, or legitimate interest.

The User has the right to access, rectify, erase, restrict, or object to the processing of their personal data, and to withdraw consent where applicable. Requests may be submitted via the contact details provided in the Privacy Policy.

The Company implements appropriate technical and organizational safeguards to protect data and may share information only with authorized third parties (e.g. payment processors, verification providers) under strict confidentiality obligations.

By using the Website, the User acknowledges and agrees to the processing of their personal data as described above and in the Company’s full Privacy Policy.

19. Assignment

The Company may assign, transfer, or subcontract any of its rights or obligations under these Terms to an affiliate, successor, purchaser, or third party; including in connection with a merger, acquisition, corporate restructuring, or sale of assets; without prior notice or consent from the User. Such assignment shall not affect the User’s rights under these Terms or applicable law.

The User may not assign, transfer, or delegate their rights or obligations under these Terms to any other party without the Company’s prior written consent.

Any unauthorized assignment shall be considered null and void.

20. Language

These Terms of Use are drafted in English, which shall be the sole official and legally binding version.

Any translations of these Terms that may be provided are for informational and convenience purposes only. In the event of any discrepancy or conflict between the English version and a translated version, the English version shall prevail.

The User confirms that they fully understand the English language or have had the opportunity to obtain appropriate translation or legal advice before accepting these Terms.

21. Governing Law and Jurisdiction

These Terms of Use — including any dispute or claim arising out of or in connection with them, whether contractual or non-contractual — shall be governed by and construed in accordance with the laws of the Republic of Bulgaria, without regard to conflict of law principles.
Exclusive jurisdiction for any dispute shall lie with the competent courts of Sofia, Bulgaria, unless otherwise required by mandatory consumer protection laws.

22. Hierarchy of Agreements and Precedence

These Terms of Use, together with the Company’s Privacy Policy and any other legal notices posted on the Website, govern the general access to and use of the Website and Services.

For any purchase of physical assets or services made through the Website, the Individual Agreement concluded with the User at the time of purchase shall constitute the governing agreement for that transaction.

In the event of any conflict or discrepancy between these Terms of Use and a validly executed Individual Agreement, the terms of the Individual Agreement shall prevail with respect to the specific transaction. These Terms apply on a supplementary basis and do not override the terms of an Individual Agreement.

23. Severability

If any provision of these Terms is found to be invalid, unlawful, or unenforceable by a competent authority or court, that provision shall be modified or removed to the minimum extent necessary, and all remaining provisions shall remain in full force and effect.

24. Communications

The Company may send the User emails regarding its own products and services, as well as those of third-party partners. The User may opt out of receiving promotional emails at any time by following the unsubscribe instructions included in such communications.

For any questions or concerns regarding these Terms, the User may contact the Company using the contact details provided on the Website.