PROSPECT TREE’S TERMS OF SERVICE
Welcome, and thank you for your interest in PROSPECT TREE Inc. (“PROSPECT TREE,” “we,”
“our” or “us”), the Prospect Tree’s Marketplace Platform (defined below), our website at
www.prospectree.com, along with our related websites, hosted applications, mobile or
other services (collectively, the “Service”). These Terms of Service constitute a legally
binding contract between you and Prospect Tree AD regarding your use of the Service.
PLEASE READ THE FOLLOWING TERMS CAREFULLY:
BY CLICKING “I ACCEPT,” OR BY DOWNLOADING-INSTALLING(cooming soon), OR OTHERWISE
ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD,
AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE
FOLLOWING TERMS AND CONDITIONS, INCLUDING PROSPECT TREE’S AD PRIVACY POLICY
(COLLECTIVELY, THESE “TERMS”).
IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THESE TERMS, THEN YOU DO NOT HAVE
OUR PERMISSION TO USE THE SERVICE. YOUR USE OF THE SERVICE, AND PROSPECT TREE’S
PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BETWEEN PROSPECT
TREE AND YOU TO BE BOUND BYTHESE TERMS.
AGREEMENT
1. PROSPECT TREE SERVICE.
1.1 Platform. The “Prospect Tree Platform” provides a web-based platform for buying
blockchain-based digital trees as a Service and as a gift you receive Nature Backed
Sustainability Tokens.
The Prospect Tree Platform supports now Ethereum blockchain. For more information
about the Prospect Tree Platform, please visit our sustainability token guide.
1.2 Use of the Service. You and any other users that have registered for an Account (defined
below) are each a “User” whose use of the Service may include: (a) accessing, downloading
or using any component of the Service, (b) buying or receiving any Nature Backed
Sustainability Tokens via any component of the Service; (c) using, sending tokens to,
receiving tokens from, sending messages to or otherwise transacting with any component of
the Service (coming soon); (d) participating in, accessing or using Prospect Tree’s governance
module.
1.3 What exactly is Prospect Tree project. ProspecTree is a Green and enviro-friendly
company focusing on sustainable projects. Offering services and bringing together
Blockchain technology and Mother Nature. Our Green project is based on Paulownia and
Eucalyptus, a tree with outstanding potential in terms of revenue and excellent nature-
backed results when it comes to ecosystem strengthening and preservation. Innovating,
Conscious, Profitable, A win-win prospect for both nature and you.
1.4 The ProspecTree T4P Token. It also tackles vital societal and environmental challenges,
such as the critical depletion of Earth's ecosystems.
ProspecTree fosters benefits for both the participant and Mother Nature, and expertise as a
provider of planting and maintenance services, it aids in reversing the detrimental trajectory
of climate change and biodiversity loss while generating oxygen and timber – two immensely
valuable resources.
1.5 What is the Nature Βacked Sustainability Τoken. Sustainability Tokens distinctively stand
out among a vast array of crypto projects in the market. Their foundation as part of a service
agreement is not merely built on future market predictions. Instead, it involves the tangible
and multi-purpose utilization of Paulownia and Eucalyptus trees through the services of
Prospectree which serve as the foundation of value backing for the service agreement.
These digital tokens are designed to have minimal volatility, which encourages to have
blockchain transactions, confidence, usability, and long-term smart contracts.
1.6 What are the ProspecTree tokens. The ProspecTree token (also known as the T4P
Nature Βacked Sustainability Τoken) is part of the ProspecTree project. Contrary to the vast
majority of cryptocurrencies, the process involves a service agreement for physical assets (in
our case, trees). Participants in the Project engage Prospectree for the acquisition of the
relevant trees and the provision of relevant services.
1.7 What is the meaning of Proof of Service (PoS). The Proof of Service (PoS) Validation
procedure which documents and establishes a traceable record of a service on the Ethereum
blockchain to generate PoS Service Cards. These service cards are authenticated using
sequential digital signatures from the entities involved in the service provision process,
namely, the Service Provider, Auditor are additionally verified with proof of service purchase
and depository receipts provided and uploaded onto IPFS for a permanent record.
1.8 Steps to become a part of our Green Project. A prospective participant interested in
engaging Prospectree for the services completes the Know-Your-Customer (KYC) on-
boarding process by submitting identification and other personal details. These details are
electroni- cally transmitted to an independent verification system, paving the way for the
automated preparation of the service agreement. In addition to this, the automated system
is responsible for the safe- keeping and record management of all service agreements. The
participant receives information about the terms and conditions of the service agreement to
be signed and the benefits plan via an automated system. The participant deposits/transfers
the agreed amount from their bank account or a crypto wallet to the company’s bank
account/digital wallet within 24 hours. The automated system prepares the service
agreement, which is then presented to the prospective participant for final review and
electronic signature. Right after, the service agreements are prepared in electronic form by
the automated system and the process to mint a Proof-of- Service (PoS) on the blockchain is
initiated. At the same time, the company undertakes the contractual responsibility to initiate
the process of planting the trees corresponding to the service agreement and the rendering
of services. The participant can then self-verify the ownership of the Proof-of- Service linked
to their digital wallet, which corresponds to the actual contribution made and the number of
T4P tokens generated. The quantity of T4P tokens created is influenced by when a
participant has joined the program. The Service Agreement Subscriber receives half of the
annual service returns every six months. In the 10th year, in addition to the service returns,
a one-off payment is made, in alignment with the production goals and the prevailing
market price. Τhe objective is to distribute these benefits derived from the provision of
services derived from the exploitation of your trees and their by-products. In the 20th year,
in addition to the service returns, a one-off payment is made, in alignment with the
production goals and the prevailing market price the benefits derived from the provision of
services in relation to your trees and their by-products are eight fold the initial
commitement.
2. YOUR ACCOUNT
2.1 Eligibility. You must be at least 18 years old to agree to these Terms and use the Service.
If you are the parent or legal guardian of a child younger than 18 years of age (a “Minor”),
you may allow such Minor to use the Service solely through your Account and with your
approval and oversight. You, as the Account holder, are responsible for all actions occurring
through your Account, including all financial charges and legal liability associated with such
Account, even if such charges or liability are incurred by a Minor. You agree to indemnify
Prospect Tree for your Minor’s violation or disaffirmation of the Terms. By agreeing to these
Terms, you represent and warrant to us that:
(a) you are at least 18 years old;
(b) you are not currently suspended or are not permanently banned from the Service;
(c) your registration and your use of the Service complies with any and all applicable laws
and regulations. Further, you are not, (and, if you are an entity, you are not owned or
controlled by any other person who is), and are not acting on behalf of any other person
who is, identified on any list of prohibited parties under any law or by any nation or
government, state or other political subdivision thereof, any entity exercising legislative,
judicial or administrative functions of or pertaining to government such as the lists
maintained by the the European Union or its member states, and the government of your
home country. You are not, (and, if you are an entity, you are not owned or controlled by
any other person who is), and is not acting on behalf of any other person who is, located,
ordinarily resident, organized, established, or domiciled in any country or jurisdiction against
which the U.S. maintains economic sanctions or an arms embargo. The tokens, digital assets,
or other funds you use to purchase Nature Backed Sustainability Tokens are not derived
from, and do not otherwise represent the proceeds of, any activities done in violation or
contravention of any law. If you are an entity, organization, or company, the individual
accepting these Terms on your behalf represents and warrants that they have authority to
bind you to these Terms and you agree to be bound by these Terms.
2.2 Privacy Policy. Prospect Tree collects, processes, and otherwise uses your information in
accordance with our Privacy Policy.
2.3 Accounts and Registration. In order to register an account on the Service (“Account”),
you will need to provide a KYC information and link directly to a third-party Prospect Tree-
Supported KYC services. You agree that the information you provide to us is accurate,
complete, and not misleading, and that you will keep it accurate and up to date at all times.
You are solely responsible for maintaining the confidentiality of your Account and you
accept responsibility for all activities that occur under your Account. If you believe that your
Account is no longer secure, then you should immediately notify us at …………………………… By
using a Wallet in connection with the Service(coming soon), you agree that you are using the
Wallet under the terms and conditions of the applicable provider of the Wallet. Wallets are
not operated by, maintained by, or affiliated with Prospect Tree, and Prospect Tree does not
have custody or control over the contents of your Wallet and has no ability to retrieve or
transfer its contents. Prospect Tree accepts no responsibility for, or liability to you, in
connection with your use of a Wallet and makes no representations or warranties regarding
how the Service will operate with any specific Wallet. You are solely responsible for keeping
your Wallet secure and you should never share your Wallet credentials or seed phrase with
anyone. If you discover an issue related to your Wallet, please contact your Wallet provider.
2.4 Your General Covenants, Representations and Warranties. By using the Service, you
covenant, represent, and warrant as follows:
(a) Non-contravention. Your use of the Service does not constitute and would not
reasonably be expected to result in (with or without notice, lapse of time, or both) a breach,
default, contravention, or violation of any law applicable to you, or any contract or
agreement to which you are a party or by which you are bound.
(b) No Claim, Loan, Ownership Interest, or Investment Purpose. Your purchase, sale, holding,
receipt and use of T4P, Nature Backed Sustainability Tokens, or the Service does not: (i)
represent or constitute a loan or a contribution of capital to, or other investment in Prospect
Tree or any business or venture; (ii) provide you with any ownership interest, equity,
security, or right to or interest in the assets, rights, properties, revenues or profits of, or
voting rights whatsoever in, Prospect Tree or any other business or venture; and (iii) create
or imply or entitle you to the benefits of any fiduciary or other agency relationship between
Prospect Tree or any of its directors, officers, employees, agents or affiliates, on the on
hand, and you, on the other hand. You are not entering into these Terms for the purpose of
making an investment with respect to Prospect Tree or its securities, but solely wish to use
the Service for its intended purposes.
(c) Non-Reliance. You are knowledgeable, experienced, and sophisticated in using and
evaluating blockchain and related technologies and assets, including Prospect Tree-
Supported Blockchains, T4P, Nature Backed Sustainability Tokens and “smart contracts”
(bytecode deployed to a blockchain). You have conducted your own thorough independent
investigation and analysis of the Service and the other matters contemplated by these
Terms, and have not relied up-on any information, statement, omission, representation, or
warranty, express or implied, written or oral, made by or on behalf of Prospect Tree in
connection therewith, except as expressly set forth by Prospect Tree in these Terms. The
entry in the blockchain is irreversible.
(d) Taxes. You are solely responsible for assessing all Taxes owed, if any, for your use of the
Service, including, but not limited to, tax liabilities associated with any possession or trade or
sale of your T4Ps. As used herein, “Taxes” means the taxes, duties, levies, tariffs, and other
governmental charges that you may be required to collect and remit to governmental
agencies, and other similar municipal, state, federal, national or other withholding and
personal or corporate income taxes.
2.5 You agree that no one solicited or coerced you or prodded you or connected to your
browser with remote access in order to enter the prospect tree marketplace or create an
account for you without your consent.
2.6 Prospect Tree May Deny Access to or Use of the Service. Prospect Tree reserves the right
to terminate your access to and use of the Service, in whole or in part, at any time, with or
without notice, at Prospect Tree’s discretion for any or no reason. Prospect Tree reserves
the right at all times to disclose any information as it deems necessary to satisfy any
applicable law, regulation, legal process, or governmental request, or to edit, refuse to post
or to remove any information or materials (including Nature Backed Sustainability Tokens),
in whole or in part, in Prospect Tree’s sole discretion. Nature Backed Sustainability Tokens
or other materials uploaded to the Service may be subject to limitations on usage,
reproduction and/or dissemination; you are responsible for adhering to such limitations if
you acquire a Nature Backed Sustainability Tokens .
3. PAYMENT TERMS; PRICE
3.1 Payment Terms. Buying, selling, or transferring Nature Backed Sustainability Tokens may
be subject to fees, commissions, royalties and other charges including: (1) standard
marketplace service fees associated with transactions on Prospect Tree-Supported
Blockchains between Users (“Marketplace Fees”). Prospect Tree may change the
Marketplace Fees for any feature of the Service, including additional fees or charges, with or
without advance notice to you. Before you pay any Fees, you will have an opportunity to
review and accept the Fees that you will be charged. All Fees are in EURO and are non-
refundable except as required by applicable law.
3.2 Price. Prospect Tree reserves the right to determine pricing for the Service. Prospect Tree
will make reasonable efforts to keep pricing information published on the website up to
date. We encourage you to check our website and the marketplace periodically for current
pricing information. Prospect Tree, at its sole discretion, may make promotional offers with
different features and different pricing to any of Prospect Tree’s customers. These
promotional offers, unless made to you, will not apply to your offer or these Terms.
3.3 NO REFUNDS. The User understands and acknowledges that T4P Token Purchases cannot
be cancelled after submission and that all payments (including fees) are final and non-
refundable. The User does not have the right to request a refund for any reason once the
transaction is completed. Due to the supply of goods or services for which the price is
dependent on fluctuations in the financial market which cannot be controlled by Prospect
Tree and which may occur within the withdrawal period the Consumer/User does not have a
right of withdrawal of the contract.
4. OWNERSHIP; PROPRIETARY RIGHTS. The Service is owned and operated by Prospect Tree.
The visual interfaces, graphics, design, compilation, information, data, computer code
(including source code or object code), products, software, services, and all other elements
of the Service (“Materials”) provided by Prospect Tree are protected by intellectual property
and other laws. All Materials included in the Service are the property of Prospect Tree or its
third-party licensors. Except as expressly authorized by Prospect Tree, you may not make
use of the Materials. “Prospect Tree” and its logos are trademarks of Prospect Tree. All other
trademarks appearing in the Service are the property of their respective owners.Prospect
Tree reserves all rights to the Materials not granted expressly in these Terms.
5. LICENSES
5.1 Limited License. Subject to your complete and ongoing compliance with these Terms,
Prospect Tree grants you, solely for your personal, non-commercial use, a limited, non-
exclusive, non-transferable, non-sublicensable, revocable license to (a) install and use one
object code copy of any mobile or other downloadable application associated with the
Service obtained from a legitimate marketplace (whether installed by you or pre-installed on
your mobile device by the device manufacturer) on a mobile device or applicable equipment
that you own, control or possess; and (b) access and use the Service.
5.2 License Restrictions. Except and solely to the extent such a restriction is impermissible
under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly
perform the Service; (b) make modifications to the Service; or (c) interfere with or
circumvent any feature of the Service, including any security or access control mechanism. If
you are prohibited under applicable law from using the Service, you may not use it.
5.3 Feedback. If you choose to provide input and suggestions regarding problems with or
proposed modifications or improvements to the Service (“Feedback”), then you hereby grant
Prospect Tree an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free
right to exploit the Feedback in any manner and for any purpose, including to improve the
Service and create other products and services.
6. USER IDENTITY VERIFICATION. COLLECTION OF INFORMATION AND USE OF SUCH
INFORMATION
6.1 Only Users who have successfully satisfied the User verification procedure and due
diligence procedures, to Prospect Tree’s sole and absolute satisfaction, shall be eligible to
use the Services.
6.2 As part of its due diligence and user verification procedures, Prospect Tree may require
the User to furnish such documents and information (and which may include photographs
and/or videos evidencing the existence of such documents and information) so as to prove
the User’s identity, residency, status, source of funds, source of wealth and/or eligibility to
make use of the Services.
6.3 Your registration of a Prospect Tree Account will be deemed Your agreement to provide
required personal information for identity verification. You agree to provide complete and
accurate information when opening a Prospect Trees Account and agree to timely update
any information You provided to Prospect Trees to maintain the integrity and accuracy of
the information. Furthermore, and notwithstanding anything to the contrary contained in
these Terms or any other applicable policies, You agree to, in a timely manner and upon
Prospect Tree’ request, provide Prospect Tree with any updated know-your-customer
information and details. Any such information will be used to verify Users’ identity, identify
traces of money laundering, terrorist financing, fraud, foreign exchange control compliance,
and other financial crimes through the App and/or Platform, or for other lawful purposes
stated by Prospect Tree. We will collect, use and share such information in accordance with
our Privacy Policy, particularly with our KYC-Affiliates that provide services outside the
Platform. In addition to providing such information, You are informed that we will keep a
record of that information during the period for which Your Prospect Tree Account is active
and for a defined period after Your account is closed in compliance with the applicable data
protection laws and other regulations.
6.4 You also authorize us to conduct necessary investigations directly or through a third
party to verify your identity or to protect You and/or Us from financial crimes, such as fraud.
The information We require to verify Your identity may include, but is not limited to, Your
name, email address, contact information, phone number, government-issued ID, date of
birth, proof of address, source of wealth and income and other information collected during
account registration which depends on the amounts spent or deposited on the Platform.
When providing the required information, You confirm it is true and accurate.
6.5 AFTER REGISTRATION, YOU MUST ENSURE THAT THE INFORMATION IS TRUE, COMPLETE,
AND TIMELY UPDATED WHEN CHANGED. IF THERE ARE ANY GROUNDS FOR BELIEVING THAT
ANY OF THE INFORMATION YOU PROVIDED IS INCORRECT, FALSE, OUTDATED OR
INCOMPLETE, PROSPECT TREE RESERVES THE RIGHT TO SEND YOU A NOTICE TO DEMAND
CORRECTION, DIRECTLY DELETE THE RELEVANT INFORMATION, AND, AS THE CASE MAY BE,
TERMINATE ALL OR PART OF THE SERVICES WE PROVIDE FOR YOU. IF WE ARE UNABLE TO
REACH YOU WITH THE CONTACT INFORMATION YOU PROVIDED, YOU SHALL BE FULLY LIABLE
FOR ANY LOSS OR EXPENSE CAUSED TO PROSPECT TREE DURING YOUR USE OF OUR
SERVICES. YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU HAVE THE OBLIGATION TO
UPDATE ALL THE INFORMATION IF THERE IS ANY CHANGE OR IN CASE WE REQUEST TO DO
SO.
6.6 BY REGISTERING AN ACCOUNT, YOU HEREBY AUTHORIZE PROSPECT TREE TO CONDUCT
INVESTIGATIONS THAT PROSPECT TREE CONSIDERS NECESSARY, EITHER DIRECTLY OR
THROUGH A KYC-THIRD PARTY, TO VERIFY YOUR IDENTITY OR PROTECT YOU, OTHER USERS
AND/OR PROSPECT TREES FROM FRAUD OR OTHER FINANCIAL CRIMES, AND TO TAKE
NECESSARY ACTIONS BASED ON THE RESULTS OF SUCH INVESTIGATIONS. YOU ALSO
ACKNOWLEDGE AND YOU ARE INFORMED THAT YOUR PERSONAL INFORMATION MAY BE
DISCLOSED TO CREDIT BUREAUS AND AGENCIES FOR FRAUD PREVENTION OR FINANCIAL
CRIME PREVENTION, WHICH MAY RESPOND TO OUR INVESTIGATIONS IN FULL. We do not
allow the registration of or provide any services to Prohibited Users. Your failure to indicate
that You are or have become a Prohibited User shall constitute a breach of these Terms.
PROHIBITED CONDUCT OF THE SERVICE
7.1 Prohibited Uses. By using the Service, you agree not to, directly or indirectly:
(a) use the Service for any illegal purpose or in violation of any local, state, national, or
international law;
(b) harass, threaten, demean, embarrass, bully, or otherwise harm any other User of the
Service;
(c) violate, or encourage others to violate, any right of a third party, including by infringing or
misappropriating any third-party intellectual property right;
(d) access, search, or otherwise use any portion of the Service through the use of any
engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, and
data mining tools) other than the software or search agents provided by Prospect Tree;
(e) interfere with security-related features of the Service, including by: (i) disabling or
circumventing features that prevent or limit use or copying of any content; or (ii) reverse
engineering or otherwise attempting to discover the source code of any portion of the
Service except to the extent that the activity is expressly permitted by applicable law;
(f) interfere with the operation of the Service or any User’s enjoyment of the Service,
including by:
(i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other
malicious code;
(ii) making any unsolicited offer or advertisement to another User of the Service;
(iii) collecting personal information about another User or third party without consent; or
(iv) interfering with or disrupting any network, equipment, or server connected to or used to
provide the Service;
(g) perform any fraudulent activity including impersonating any person or entity, claiming a
false affiliation, accessing any other User’s Account without permission, or falsifying your
age or date of birth;
(h) sell or otherwise transfer the access granted under these Terms or any Materials or any
right or ability to view, access, or use any Materials;
(i) employ any device, scheme or artifice to defraud, or otherwise materially mislead
Prospect Tree or any other Users, including by impersonating or assuming any false identity;
(j) engage in any act, practice or course of business that operates or would operate as a
fraud or deceit upon Prospect Tree or any other Users;
(k) violate, breach or fail to comply with any applicable provision of these Terms or any other
terms of service, Privacy Policy, trading policy or other contract governing the use of the
Service or any relevant Nature Backed Sustainability Tokens;
(l) use the Service by or on behalf of a competitor of the Prospect Tree or competing
platform or service for the purpose of interfering with the Service to obtain a competitive
advantage;
(m) engage or attempt to engage in or assist any hack of or attack on the Service, including
any “sybil attack”, “DoS attack” or “griefing attack” or theft of Nature Backed Sustainability
Tokens, digital assets or funds, or upload files that contain viruses, Trojan horses, worms,
time bombs, cancelbots, corrupted files, or any other similar software or programs that may
damage the operation of another’s computer or property or interfere with the Service;
(n) knowingly sell or transfer any Nature Backed Sustainability Tokens , or use any Nature
Backed Sustainability Tokens in a manner, that does or may infringe any copyright,
trademark, patent, trade secret or other intellectual property or other proprietary rights of
others, or upload, or otherwise make available, files that contain images, photographs,
software or other material protected by intellectual property laws (including, copyright or
trademark laws) or rights of privacy or publicity unless the applicable User owns or controls
the rights thereto or has received all necessary consent to do the same;
(o) commit any violation of applicable laws, rules or regulations;
(p) use the Service to offer additional services, including, but not limited to, surveys,
contests, pyramid schemes, chain letters, junk email, spamming, or any duplicative or
unsolicited messages (commercial or otherwise);
(q) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights
of privacy and publicity) of other;
(r) publish, post, distribute or disseminate any profane, obscene, pornographic indecent or
unlawful content, pictures, topic, name, material or information;
(s) engage in or knowingly facilitate any “rug pulls,” “front-running,” “wash trading,” “pump
and dump trading,” “ramping,” “cornering” or fraudulent, deceptive or manipulative trading
activities, including:
(i) trading Nature Backed Sustainability Tokens at successively lower or higher prices for the
purpose of creating or inducing a false, misleading or artificial appearance of activity in such
Nature Backed Sustainability Tokens , unduly or improperly influencing the market price for
such Nature Backed Sustainability Tokens or establishing a price which does not reflect the
true state of the market in such Nature Backed Sustainability Tokens ;
(ii) creating or inducing a false or misleading appearance of activity in any Nature Backed
Sustainability Tokens or creating or inducing a false or misleading appearance with respect
to the market in any Nature Backed Sustainability Tokens:
(1) executing or causing the execution of any transaction in any Nature Backed
Sustainability Tokens which involves no material change in the beneficial ownership thereof;
or (2) entering any order for the purchase or sale of any Nature Backed Sustainability
Tokens with the knowledge that an order of substantially the same size, and at substantially
the same price, for the sale of such Nature Backed Sustainability Tokens , has been or will
be entered by or for the same or different parties;
(iii) participating in, facilitating, assisting or knowingly transacting with any pool, syndicate or
joint account organized for the purpose of unfairly or deceptively influencing the market
price of any Nature Backed Sustainability Tokens; or
(t) use the Service to transact in securities, commodities futures, trading of commodities on
a leveraged, margined or financed basis, binary options (including prediction-market
transactions), real estate or real estate leases, equipment leases, debt financings, equity
financings or other similar transactions;
(u) use the Service to buy, sell or advertise personal, professional or business services;
(v) use the Service to engage in token-based or other financings of a business, enterprise,
venture, DAO, software development project or other initiative, including initial coin
offering, DAO initial coin offering, initial exchange offering, yield farming or other token-
based fundraising events;
(w) use the Service for money laundering, terrorist financing, or other illicit finance; or
8. MODIFICATION OF TERMS. We may, from time to time, change these Terms. Please check
these Terms periodically for changes. Revisions will be effective immediately except that, for
existing users, material revisions will be effective 30 days after posting or notice to you of
the revisions unless otherwise stated. We may require that you accept the modified Terms
in order to continue to use the Service. If you do not agree to the modified Terms, then you
should remove your User Content and discontinue your use of the Service. Except as
expressly permitted, these Terms may be amended only by a written agreement signed by
authorized representatives of the parties to these Terms. It is your sole responsibility to
review the Terms and understand modifications to these Terms as they may be updated
from time to time.
9. TERM, TERMINATION, AND MODIFICATION OF THE SERVICE
9.1 Term. These Terms are effective beginning when you accept the Terms or first download,
install, access, or use the Service, and ending when terminated as described.
9.2 Termination. If you violate any provision of these Terms, your authorization to access the
Service and these Terms automatically terminates. In addition, Prospect Tree may, at its sole
discretion, terminate these Terms or your Account, or suspend or terminate your access to
the Service, at any time for any reason or no reason, with or without notice. You may
terminate your Account and these Terms at any time by visiting www.prospectree.com or by
contacting customer service at info@prospectree.com .
9.3 Effect of Termination. Upon termination of these Terms: (a) your license rights will
terminate and you must immediately cease all use of the Service; (b) you will no longer be
authorized to access your Account or the Service;
(c) you must pay Prospect Tree any unpaid amount that was due prior to termination; and
(d) all payment obligations accrued prior to termination and all the other Sections will
survive.
9.4 Modification of the Service. Prospect Tree reserves the right to modify or discontinue the
Service at any time (including by limiting or discontinuing certain features of the Service),
temporarily or permanently, without notice to you. Prospect Tree will have no liability for
any change to the Service or any suspension or termination of your access to or use of the
Service.
10. INDEMNITY. To the fullest extent permitted by law, you are responsible for your use of
the Service and for any Minor’s use of the Service occurring through your Account, and you
will defend and indemnify Prospect Tree, its affiliates and their respective shareholders,
directors, managers, members, officers, employees, consultants, and agents (together, the
“Prospect Tree Entities”) from and against every claim brought by a third party, and any
related liability, damage, loss, and expense, including attorneys’ fees and costs, arising out of
or connected with: (1) your or your Minor’s unauthorized use of, or misuse of, the Service;
(2) your or your Minor’s violation of any portion of these Terms, any representation,
warranty, or agreement referenced in these Terms, or any applicable law or regulation; (3)
your or your Minor’s violation of any third-party right, including any intellectual property
right or publicity, confidentiality, other property, or privacy right; or (4) any dispute or issue
between you or your Minor and any third party. We reserve the right, at our own expense,
to assume the exclusive defense and control of any matter otherwise subject to
indemnification by you (without limiting your indemnification obligations with respect to
that matter), and in that case, you agree to cooperate with our defense of those claims.
11. LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES; NO WARRANTY BY PROSPECT
TREE
11.1 No Responsibility for T4Ps or Nature Backed Sustainability Tokens; No Guarantee of
Uniqueness or IP. Prospect Tree has no responsibility for Nature Backed Sustainability
Tokens that Users buy or trade(coming soon) via the Service. Prospect Tree does not
investigate and cannot guarantee or warrant the authenticity, originality, uniqueness,
marketability, legality, or value of any Nature Backed Sustainability Tokens that Users trade
(coming soon) on the Service.
11.2 No Professional Advice or Liability. All information provided by or on behalf of Prospect
Tree is for informational purposes only and should not be construed as professional,
accounting, or legal advice. You should not take or refrain from taking any action in reliance
on any information contained in these Terms or provided by or on behalf of Prospect Tree.
Before you make any financial, legal, or other decisions involving the Service, you should
seek independent professional advice from persons licensed and qualified in the area for
which such advice would be appropriate. You must always use caution when giving out any
personally information to other Users or third-party linked websites through the Service.
Prospect Tree does not control or endorse User Content, any third-party content, messages,
or information found in the Service and Prospect Tree will not be liable for any use or misuse
of User Content by any User. Prospect Tree specifically disclaims any liability with regard to
the Service and any actions resulting from your use of the Service.
11.3 Disclaimers Related to Blockchain Technology. To the maximum extent permitted by
applicable law, and notwithstanding anything otherwise expressly provided herein, Prospect
Tree disclaims any and all liability related to the following:
(a) Use of Blockchain Technology. Prospect Tree utilizes experimental cryptographic and
blockchain technologies, including tokens, “smart contracts,” consensus algorithms, voting
systems and distributed, decentralized or peer-to-peer networks or systems in providing the
Service. You acknowledge and agree that such technologies are novel, experimental, and
speculative, and that therefore there is significant uncertainty regarding the operation and
effects and risks thereof and the application of existing law thereto. To the maximum extent
permitted by applicable law, Prospect Tree disclaims any and all liability related to the
foregoing.
(b) Certain Risks of Blockchain Technology. The technology utilized in delivering the Service
depends on public peer-to-peer networks such as the Prospect Tree-Supported (ETH)
Blockchains that are not under the control or influence of Prospect Tree and are subject to
many risks and uncertainties. Prospect Tree may have limited or no ability to change these
technologies, other than ceasing to support certain “smart contracts” and adding support
for new “smart contracts”. You are solely responsible for the safekeeping of the private key
associated with the Prospect Tree-Supported (ETH) Blockchain address used to participate in
the Service. Prospect Tree will not be able to restore or issue any refunds due to lost private
keys. If you are not able to use the Service due to loss or theft of a private key or otherwise,
Prospect Tree does not guarantee and is not responsible for your ability to exercise their
rights with respect to such Nature Backed Sustainability Tokens or any other applicable
digital assets.
(c) Certain Risks of Smart Contract Technology. T4Ps and the content embodied therein and
other digital assets relevant to the Service depend on smart contracts deployed to Prospect
Tree-Supported (ETH) Blockchains, and some may be coded or deployed by persons other
than Prospect Tree. Once deployed to Prospect Tree-Supported (ETH) Blockchain(s), the
code of smart contracts cannot be modified. In the event that applicable smart contracts are
adversely affected by malfunctions, bugs, defects, malfunctions, hacking, theft, attacks,
negligent coding or design choices, or changes to the protocol rules of any Prospect Tree-
Supported(ETH) Blockchain, you may be exposed to a risk of total loss and forfeiture of all
Nature Backed Sustainability Tokens and other relevant digital assets.
(d) Asset Prices. The fiat-denominated prices and value in public markets of assets such as
ETH, Nature Backed Sustainability Tokens, and other digital assets have historically been
subject to dramatic fluctuations and are highly volatile. As relatively new products and
technologies, blockchain-based assets are not widely accepted as a means of payment for
goods and services. A significant portion of demand for these assets is generated by
speculators and investors seeking to profit from the short- or long-term holding of
blockchain assets. The market value of any digital asset may decline below the price for
which you acquire such asset through the Service or on any other platform. You
acknowledge and agree that the costs and speeds of transacting with cryptographic and
blockchain-based systems are variable and may increase or decrease dramatically at any
time, resulting in prolonged inability to access or use any digital asset associated with the
Service.
(e) Regulatory Uncertainty. Blockchain technologies and digital assets are subject to many
legal and regulatory uncertainties, and the Service, Nature Backed Sustainability Tokens,
and other digital assets could be adversely impacted by one or more regulatory or legal
inquiries, actions, suits, investigations, claims, fines or judgments, which could impede or
limit your ability to continue the use and enjoyment of such assets and technologies.
(f) Cryptography Risks. Cryptography is a progressing field. Advances in code cracking or
technical advances such as the development of quantum computers may present risks to
Prospect Tree-Supported (ETH) Blockchain(s), the Service, Nature Backed Sustainability
Tokens, and other digital assets, including the theft, loss or inaccessibility thereof.
(g) Fork Handling. Certain elements of the Service, Prospect Tree-Supported Blockchains,
and other digital assets may be subject to “forks.” Forks occur when some or all persons
running the software clients for a particular blockchain system adopt a new client or a new
version of an existing client that: (i) changes the protocol rules in backwards-compatible or
backwards-incompatible manner that affects which transactions can be added into later
blocks, how later blocks are added to the blockchain, or other matters relating to the future
operation of the protocol; or (ii) reorganizes or changes past blocks to alter the history of the
blockchain. Some forks are “contentious” and thus may result in two or more persistent
alternative versions of the protocol or blockchain, either of which may be viewed as or
claimed to be the legitimate or genuine continuation of the original. Prospect Tree may not
be able to anticipate, control or influence the occurrence or outcome of forks, and does not
assume any risk, liability or obligation in connection therewith. Without limiting the
generality of the foregoing, Prospect Tree does not assume any responsibility to notify you
of pending, threatened or completed forks. Prospect Tree will determine its response(s) to
such forks in its sole and absolute discretion, without any duty or obligation or liability to
you for such response (or lack of such response). You assume full responsibility to
independently remain apprised of and informed about possible forks, and to manage your
own interests in connection therewith.
(h) Essential Third-Party Software Dependencies. Smart Contracts deployed to Prospect
Tree-Supported Blockchains are public software utilities which are accessible directly
through a Wallet. Because the Service does not provide Wallet software or Prospect Tree-
Supported Blockchain nodes, such software constitutes an essential third-party or User
dependency without which the Service cannot be utilized and Nature Backed Sustainability
Tokens and other digital assets cannot be traded or used.
Prospect Tree cannot guarantee the continued operation of such third-party platforms.
(i) Viruses, Hacking, Phishing, Etc. The Service, Prospect Tree, or your T4P may be the target
of third-party attacks, including but not limited to phishing, bruteforcing, inactive listing
exploits or the use of viruses (“Third-Party Attacks”). Prospect Tree will not be responsible or
liable, directly or indirectly, for any actual or alleged loss or damage sustained by You in
connection with Third-Party Attacks.
11.4 Legal Limitations on Disclaimers. Some jurisdictions do not allow the exclusion of
certain warranties the limitation or exclusion of certain liabilities and damages. Accordingly,
some of the disclaimers and limitations set forth in these Terms may not apply in full to you.
The disclaimers and limitations of liability provided in these Terms will apply to the fullest
extent permitted by applicable law.
11.5 Officers, Directors, Etc. All provisions of these Terms which disclaim or limit obligations
or liabilities of Prospect Tree will also apply, mutatis mutandis, to the officers, directors,
members, employees, independent contractors, agents, stockholders, debtholders, and
affiliates of Prospect Tree.
11.6 THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE
ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. PROSPECT TREE DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND
ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY
IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE,
QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF
COURSE OF DEALING, USAGE, OR TRADE. PROSPECT TREE DOES NOT WARRANT THAT THE
SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED
THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES,
OR OTHER HARMFUL COMPONENTS, AND PROSPECT TREE DOES NOT WARRANT THAT ANY
OF THOSE ISSUES WILL BE CORRECTED.
11.7 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
THE SERVICE OR PROSPECT TREE ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE
THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF PROSPECT TREE
ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT
RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR
PURCHASE, SALE OR TRANSFER OF ANY NATURE BACKED SUSTAINABILITY TOKENS OR
DEALING WITH ANY OTHER USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY
PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT
RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER
SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF
DATA, INCLUDING USER CONTENT.
11.8 TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL PROSPECT TREE
ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY
OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF,
OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON
THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING
NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY
PROSPECT TREE ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
11.9 EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY,
DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES
ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN
ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE
PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS.
11.10 THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SET FORTH IN THIS SECTION APPLY
TO THE FULLEST EXTENT PERMITTED BY LAW. Prospect Tree does not disclaim any warranty
or other right that Prospect Tree is prohibited from disclaiming under applicable law.
12. DISPUTE RESOLUTION
12.1 The Parties shall endeavour in good faith to resolve amicably, by mutual agreement,
any dispute that may arise between them in connection with the Contract by any technical,
legal or other means they deem appropriate.
12.2 This agreement is governed by the Bulgarian Law. Any dispute, disagreement or
controversy concerning the execution, application or interpretation of this Agreement or
generally concerning the relations arising from it shall be settled by the Courts in Sofia,
which are hereby given exclusive jurisdiction.
13. EMAIL COMMUNICATIONS. We may send you emails concerning our products and
services, as well as those of third parties. You may opt out of promotional emails by
following the unsubscribe instructions in the promotional email itself.
14. MISCELLANEOUS
14.1 General Terms. These Terms and any other agreements expressly incorporated by
reference into these Terms, are the entire and exclusive understanding and agreement
between you and Prospect Tree regarding your use of the Service. You may not assign or
transfer these Terms or your rights under these Terms, in whole or in part, by operation of
law or otherwise, without our prior written consent. We may assign these Terms at any time
without notice or consent. The failure to require performance of any provision will not affect
our right to require performance at any other time after that, nor will a waiver by us of any
breach or default of these Terms, or any provision of these Terms, be a waiver of any
subsequent breach or default or a waiver of the provision itself. Use of Section headers in
these Terms is for convenience only and will not have any impact on the interpretation of
any provision. Throughout these Terms the use of the word “including” means “including but
not limited to.” If any part of these Terms is held to be invalid or unenforceable, the
unenforceable part will be given effect to the greatest extent possible, and the remaining
parts will remain in full force and effect.
14.2 Additional Terms. Your use of the Service is subject to all additional terms, policies,
rules, or guidelines applicable to the Service or certain features of the Service that we may
post on or link to from the Service (the “Additional Terms”). All Additional Terms are
incorporated by this reference into, and made a part of, these Terms.
14.3 Consent to Electronic Communications. By using the Service, you consent to receiving
certain electronic communications from us as further described in our Privacy Policy. Please
read our Privacy Policy to learn more about our electronic communications practices. You
agree that any notices, agreements, disclosures, or other communications that we send to
you electronically will satisfy any legal communication requirements, including that those
communications be in writing.
14.4 No Support. We are under no obligation to provide support for the Service. In instances
where we may offer support, the support will be subject to published policies.
14.5 Headings. The headings and captions contained in these Terms are for convenience of
reference only, will not be deemed to be a part of these Terms and will not be referred to in
connection with the construction or interpretation of these Terms.
14.6 Force Majeure. Prospect Tree will not incur any liability or penalty for not performing
any act or fulfilling any duty or obligation hereunder or in connection with the matters
contemplated hereby by reason of any occurrence that is not within its control (including
any provision of any present or future law or regulation or any act of any governmental
authority, any act of God or war or terrorism, any epidemic or pandemic, or the navailability,
disruption or malfunction of the Service, Internet, the World Wide Web or any other
electronic network, any Prospect Tree-Supported ΕΤΗ) Blockchain network or blockchain or
any aspect thereof, or any consensus attack, or hack, or denial-of-service or other attack on
the foregoing or any aspect thereof, or on the other software, networks and infrastructure
that enables Prospect Tree to provide the Service), it being understood that Prospect Tree
will use commercially reasonable efforts, consistent with accepted practices in the industries
in which Prospect Tree operates, as applicable, to resume performance as soon as
reasonably practicable under the circumstances.
14.7 No Implied Waivers. No failure or delay on the part of Prospect Tree in the exercise of
any power, right, privilege or remedy under these Terms will operate as a waiver of such
power, right, privilege or remedy; and no single or partial exercise of any such power, right,
privilege or remedy will preclude any other or further exercise thereof or of any other
power, right, privilege or remedy. Prospect Tree will not be deemed to have waived any
claim arising out of these Terms, or any power, right, privilege or remedy under these Terms,
unless the waiver of such claim, power, right, privilege or remedy is expressly set forth in a
written instrument duly executed and delivered on behalf of Prospect Tree, and any such
waiver will not be applicable or have any effect except in the specific instance in which it is
given.
14.8 Entire Agreement. These Terms constitutes the entire agreement between the parties
relating to the subject matter hereof and supersede all prior or contemporaneous
agreements and understandings, both written and oral, between the parties with respect to
the subject matter hereof.