TERMS OF SERVICE

You are reading the terms of service (the “Terms”), which govern the relationship and serve as an agreement between you and us and set forth the terms and conditions by which you may access and use the Karbon-X App and our related websites, services, applications, products and content (collectively, the “Services”). For purposes of these Terms, “you” and “your” means you as the user of the Services.

The Terms form a legally binding agreement between you and us. Please take the time to read them carefully. To agree to these terms of service, click “Continue”. If you do not agree to these terms of service, do not click “Continue”, and do not use the Karbon-X App. By participating in our Carbon Offset Program, you can purchase an individual, partner, family or business membership which will offset a set volume of carbon C02e emissions (“The Emission Reduction”). If you participate in our Carbon Program using the Karbon-X App or the Karbon-X Web Application, you agree to these terms of service when you click on “Pay Now”, or a comparable button and have successfully entered your payment information.

You must accept and abide by these terms of service as presented to you: Changes, additions, or deletions are not permitted, and Karbon-X may refuse access to the Karbon-X app for non-compliance with any part of these terms of Service.

By accessing or using our Services, you confirm that you can form a binding contract with Karbon-X, that you accept these Terms and that you agree to comply with them. Your access to and use of our Services is also subject to our Privacy Policy, the terms of which can be found directly on the Karbon-X App, or are available via download at www.karbon-x.com. By using the Services, you consent to the terms of our Privacy Policy.

If you are accessing or using the Services on behalf of a business or entity, then (a) 'you' and 'your' includes you and that business or entity, (b) you represent and warrant that you are an authorized representative of the business or entity with the authority to bind the entity to these Terms, and that you agree to these Terms on the entity's behalf, and (c) your business or entity is legally and financially responsible for your access or use of the Services as well as for the access or use of your account by others affiliated with your entity, including any employees, agents or contractors.

You accept the Terms by accessing or using our Services. You understand and agree that we will treat your access or use of the Services as acceptance of the Terms from that point onwards.

You should print or save a local copy of the Terms for your records.

We amend these Terms from time to time, for instance when we update the functionality of our Services, when we combine multiple apps or services operated by us or our affiliates into a single combined service or app, or when there are regulatory changes. We will use commercially reasonable efforts to generally notify all users of any material changes to these Terms, such as through a notice on the Karbon-X App, however, you should look at the Terms regularly to check for such changes. We will also update the “Last Updated” date at the top of these Terms, which reflect the effective date of such Terms. Your continued access or use of the Services after the date of the new Terms constitutes your acceptance of the new Terms. If you do not agree to the new Terms, you must stop accessing or using the Services.

Use of the Karbon-X App requires compatible hardware (fees may apply), Internet access (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of Karbon-X App involves hardware, software, and Internet access, your ability to use the Karbon-X App may be affected by the performance of these factors. High speed Internet access is strongly recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility.

The Karbon-X Services we provide involve the following:

You can open a user account either via the Karbon-X App, or directly via the Karbon-X website. During the registration process you will be asked to accept these “Terms of Service” and consent to the processing of your personal data.

You can either register and log in with your email address and a password or use your Facebook login, your Google account, or the “Login with Apple” feature.

By registering for a user account, you agree to provide accurate, current, and complete information required to register with the Karbon-X App and at other points as may be required in the course of using the Karbon-X App (“User Data”). You hereby confirm that any User Data you already have provided to Karbon-X (including, without limitation, in the Karbon-X application process or through prior use of the Karbon-X App) has been accurate, current and complete. You further agree to maintain and update your User Data as required to keep it accurate, current, and complete.

The Karbon-X App is offered to both individuals, partners (meaning 2 individuals cohabitating), families, and businesses.

You may not allow any third parties to use your user account, and you are not permitted to make accessible or transfer to any third parties access data transmitted or used for authentication or identification purposes; circumvent any access control systems for paid services or take any other action to use services without authorization; introduce into our IT systems any viruses, worms, Trojan horses, or other malware that may jeopardize or impair the functionality of the Karbon-X App; transfer or assign any rights or obligations under your contract with us to any third parties. When using the Karbon-X App you must also comply with the terms of contracts with any third parties, in particular contracts with the app store or your Internet service provider. To guarantee smooth communication with you, we ask that you include our email address in the list of trusted senders at your email provider.

When you open a user account and enter your payment information the account will be valid for an indefinite time period. You pay in advance for the defined billing period. The billing periods that are displayed within the Karbon-X App (or on the Karbon-X Website) apply when you book the paid service. If no other billing period is displayed, you will be billed monthly on the due date on which you started your participation in the paid service.

You may terminate your participation in the Carbon Offset Program at any time for any or no reason, effective as of the end of the current billing period. To do so, you can simply use the appropriate function in the menu of the Karbon-X App or, if applicable, in your personal user account on the Karbon-X Website. Please note that deleting the Karbon-X App from your device will not terminate your participation in the Carbon Offset Program.

If you no longer participate in the Carbon Offset Program, your user account will remain in place unless and until you also cancel your account.

You may delete your user account at any time for any or no reason, in which case this user agreement will terminate automatically.

To do so, you must send us an email at support@karbon-x.com, so that we can delete your user account and the associated data. Please note that after your user account has been deleted, all data and content you have uploaded will or may be deleted by us.

If at the time of deletion of your user account you are still participating in our Carbon Offset Program, the Program will not terminate until the end of the current billing period and your user account will not be deleted until then. Any amount already paid by you for this billing period will not be refunded, not even on a prorated basis.

If you have any questions about the deletion of your user account, please contact us at support@karbon-x.com.

Karbon-X assumes no responsibility for third-party content or services. The Karbon-X App may include links to content or services of third-party providers. In some cases, content made available by third parties may be shown or the Karbon-X App may enable you to use additional services of third parties. We strive to design our applications in such a way that this will be readily apparent to you. All content and/or services of third-party providers are subject to the applicable terms, conditions, and policies of such third-party providers. We hereby expressly disclaim any responsibility or liability for content or services of any third parties. You are personally responsible for making sure that you do not violate the terms and conditions of such third-party providers.

Karbon-X does not guarantee, represent, or warrant that your use of the Karbon-X App will be uninterrupted or error-free, and you agree that from time to time Karbon-X may remove the Karbon-X App (or particular products or services therein) for indefinite periods of time, or cease to offer the Karbon-X App in its entirety, at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Karbon-X App is at your sole risk. The Karbon-X App is provided “as is” and “as available” for your use, without warranties of any kind, either express or implied, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

In no case shall Karbon-X, its Directors, Officers, Employees, Affiliates, Agents, Contractors, or licensors be liable for any direct, indirect, incidental, punitive, special, or consequential damages arising from your use of the Karbon-X App or for any other claim related in any way to your using of the Karbon-X App, including but not limited to, any errors or omissions in any product or service, or any loss or damage of any kind incurred as a result of the use of any product or service, posted, transmitted, or otherwise made available via the Karbon-X App, even if advised of their possibility.

Karbon-X does not represent or guarantee that the Karbon-X App will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and Karbon-X disclaims any liability relating thereto.

By using the Karbon-X App, you agree, to the extent permitted by law, to indemnify and hold Karbon-X, its Directors, Officers, Employees, Affiliates, Agents, Contractors and Licensors Harmless with respect to any claims arising out of your breach of these Terms of Service, any representations or warranties made by you herein, or your other improper, unauthorized or unlawful use of the Karbon-X App.

Karbon-X may send you notice with respect to the Karbon-X App by sending an email message to the email address listed in your Account contact information, or by a posting on the Karbon-X App. Notices shall become effective immediately.

You expressly agree that the laws of the State of Nevada, excluding its conflicts of law rules, govern these Terms of Service and your use of the Karbon-X App, and that the exclusive jurisdiction for any proceeding relating in any way to your use of the Karbon-X App will be Nevada. You hereby waive the right to object to the foregoing choice of law, personal jurisdiction or venue.

Transfer of contracts to subsidiaries. In the future we may change the structure of our company in order to better offer the Karbon-X App worldwide or for any other reason. In this case we must be able to transfer our contracts with you to affiliates or subsidiaries. You hereby agree that if you use the Karbon-X App, we may transfer our contracts with you to affiliates or subsidiaries. The Karbon-X App will continue to be available to you as usual.

These Terms of Service constitute the entire agreement between you and Karbon-X governing your use of the Karbon-X App, superseding any prior agreements between you and Karbon-X governing your use of the Karbon-X App. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Karbon-X’s failure to enforce any right or provisions in these Terms of Service will not constitute a waiver of such provision, or any other provision of these Terms of Service. Karbon-X will not be responsible for failures to fulfill any obligations due to causes beyond its control.