TERMS OF USE

We welcome you to use the services of Treebuddy and its affiliates (“Envirate Ltd”, “we”, “us”, “our”). Treebuddy provides online services, including but not limited to Treebuddy.Earth (related website located at treebuddy.earth (the “Site”), the Site and other online and mobile services provided by company collectively, the “Service”.
 

These Terms of Use (collectively, the “Terms”) set forth the legally binding terms and conditions which are applicable to your use of the Service, however accessed. Please be reminded that the Terms constitute an agreement between you and us and define the rights and responsibilities that you have with respect to the Service. It is important that you read and understand the Terms.

The terms “you” and “user” shall refer to all individuals and entities that access the Service. You represent and warrant that you have the right, authority and capacity to accept these Terms and to abide by them and that you have fully read and understood the Terms.

 

Based on these Terms:

  • You are responsible for your account, including any charges and use of your account, whether by you or any third party.

  • Your Treebuddy is a license to virtual tree, which you may use as a gift but you are not entitled for reselling your Treebuddy.

  • Payments made for Treebuddies are non-refundable.

  • We use location-based technology to provide the Service.

 

1. CHANGES TO THESE TERMS

From time to time, we may modify or amend these Terms. You can tell when changes have been made by referring to the “Last Updated” legend on top of this page. Please review these Terms regularly to ensure that you are aware of any changes.

If you continue to use the Service following such a posting of changes, you accept any such change or modification. If you have any questions about these Terms or our Privacy Policy, please see our contact information at the end of these Terms.

 

2. ELIGIBILITY; USER ACCOUNTS

Eligibility. Use of the Service is subject to your continued compliance with these Terms. The Service is intended solely for persons who are 13 years of age or older. Any access to or use of the Service by anyone under 13 is expressly prohibited. By accessing or using the Service you represent and warrant that you have reached the age of “majority” where you live and agree to be bound by these Terms, or, if you are still considered a minor, that you are at least 13 or older and have a parent’s or guardian’s permission to access and use the Service.

User Accounts. Certain parts of the Service may require or allow registration of an user account (“User Account”). When you create an account, you agree:

  • not to provide inaccurate, misleading or false information about yourself;

  • to update your information as needed so that it remains accurate;

  • not to share your account information (including your password and user name) with third parties;

  • that you are responsible for all activity on your account, including its security, any purchases made under your account will be your responsibility, whether or not authorized by you;

  • to notify us immediately if you believe that your User Account has been accessed without your authorization, or if you believe there has been some other breach of the security of the Service.

We have a right to refuse the registration for any reason. Registration can be limited, for example, in terms of territory. We have the right to suspend or terminate your account, with or without notice, and refuse any and all current or future use of the Service due your violation of the Terms, or for any other reason.

We reserve the right to remove any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates the third party’s rights.

 

3. FEES; PURCHASES; VIRTUAL ITEMS

Fees and Purchases.

You may be required to pay for certain services, including a purchase of your Trebuddy. We do not warrant that feature specifications, pricing, or other content on the Service is complete, accurate, reliable, current, or error-free. In the event of any errors relating to the pricing or specifications, we shall have the right to refuse or cancel any orders in our sole discretion. If we charged your payment method prior to our cancellation, we will issue a credit to you in the amount of the charge. We may, from time to time, modify, amend, or supplement our fees and billing methods, and post those changes in these Terms or elsewhere on the Service.

Your License to Virtual Items.

In particular, Treebuddy provides license to trees as virtual goods (representing real trees planted and maintained) on a limited, personal, non-transferable, non-sublicensable and revocable basis and limited only for personal, non-commercial use. You may purchase a limited, personal, non-transferable, non-sublicensable, revocable license to a Treebuddy from Treebuddy Ltd using actual monetary instruments. Any Treebuddy are licensed, not sold to you. To ensure a long term care of a tree, over time a new supporter can be assigned to a tree. Therefore, each tree may have many supporters during the years. Treebuddy may never be redeemed for actual monetary instruments, goods or other items of monetary value from Treebuddy. Unless expressly authorized in the Service, you agree not to sell Treebuddy to any person or entity, you may however gift Treebuddy to another person or entity.

Payments; No Refunds.

You may pay using the methods available for the particular services, which may include credit card, debit card, PayPal, or other similar accounts, and you agree to the terms and conditions applicable to each payment method you choose, including any additional payment processing fees which may be applicable. By providing us with a payment method, you (i) represent that you are authorized to use the payment method that you provided and that any payment information you provide is true and accurate; and (ii) authorize us to charge you for the Service using your provided payment method. You must promptly update all billing information to keep it current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly notify us if your credit card is canceled, lost or stolen.

We may manage, regulate, modify, control or eliminate the list of Treebuddy items at any time in our sole discretion, with or without notice. If we exercise such rights, we will have no liability to you or any third party.

You are solely responsible for any costs you incur to access the Service through any Internet, wireless or other communication service, such as any fees for web browsing, messaging, and data usage on an Internet provider’s or wireless carrier’s network. Check with your carrier to determine the fees that apply.

 

4. THIRD PARTY MATERIAL

The Service contains links to websites and content owned and/or operated by third parties. Such links are provided for informational purposes only. We are not responsible for any such third-party websites or content and do not have control over any materials made available therein. Our inclusion of a link to a third-party website or content in the Service does not in any way imply our endorsement, advertising, or promotion of such websites or content or any materials made available therein. By accessing a third-party website or content you accept that we do not exercise any control over such websites or content. We have no responsibility for such third-party websites or content. We encourage you to familiarize yourself with the terms of service applicable to any third-party website or content you may access.

We do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party products, services, materials or websites. Please note that the applicable third party is fully responsible for all goods, materials and services it provides to you and for any and all damages, claims, liabilities and costs it may cause you to suffer, directly or indirectly, in full or in part.

 

5. LOCATION-BASED FEATURES

If you have enabled GPS, geo-location or other location-based features on your device, you acknowledge that your device location will be tracked and may be shared with others if you enable that feature for our Service consistent with the Privacy Policy. Some operating systems or feature(s) allow for you to disable location-based features or manage preferences related to them. You can terminate device location tracking by us by turning off GPS location sharing in your mobile device settings or by uninstalling any mobile app(s) or feature(s). The location-based services offered in connection with the Service or feature(s) are for individual use only and should not be used or relied on as an emergency locator system, used while driving or operating vehicles, or used in connection with any hazardous environments requiring fail-safe performance, or any other situation in which the failure or inaccuracy of use of the location-based services could lead directly to death, personal injury, or severe physical or property damage. Location data may not be accurate and LOCATION-BASED / GEO-LOCATION SERVICES ARE USED AT YOUR OWN RISK.

 

6. OUR INTELLECTUAL PROPERTY RIGHTS

These Terms confer only the right to use the Service while these Terms and the specified licenses are in effect and they do not convey any rights of ownership in or to the Service. All right, title and interest, including without limitation any copyright, patent, trade secret or other intellectual property right in the Service and all content existing or created in or through the Service will remain our sole property. 

 

7. OUR LICENSE TO YOU

Subject to your compliance with these Terms and without prejudice to any other terms set forth in these Terms, we grant you a limited, non-exclusive, revocable and non-assignable license, without the right to sublicense, to access and use the Service on any authorized device. We reserve all rights in the Service not expressly granted to you in these Terms.

You agree not to delete or in any manner alter the copyright, trademark or other proprietary rights notices or markings which may appear on the Service.

Except as expressly specified in these Terms, you agree not to:

  • reproduce the Service or any part thereof in any form or by any means;

  • copy or modify, or create derivative works of the Service or any part thereof (including but not limited to any software that forms part of the Service), including, without limitation, make adaptations or modifications to the Service;

  • sell, rent, lease, distribute, transfer, license, sublicense, lend or otherwise assign any rights to, or any part of, the Service to any third party;

  • exploit the Service in any unauthorized way whatsoever, including without limitation, by trespass or burdening network capacity;

  • disassemble, decompile, reverse engineer, or attempt to derive the source code of the Service, in whole or in part, or permit or authorize a third party to do so, except to the extent such activities are expressly permitted by law;

  • misrepresent the source of ownership of the Service;

  • scrape, build databases or otherwise create permanent copies of any content derived from the Service;

  • commercially exploit the Service;

 

You agree to comply with any technical restrictions in the Service that allow you to use the Service only in certain ways.

 

 

8. PRIVACY AND SECURITY

Your privacy and the protection of personal data about you are very important to us. For a detailed description of how we collect and use personal data about you, please see our Privacy Policy.

The Service may include social media functionalities and/or plug-ins that enable you to share certain content (such as scores or communications) with other people. Please be careful when sharing content that includes personal data generally in the Service and in particular with other users of the Service.

 

9. INDEMNITY

You agree to indemnify and hold Treebudy (and our subsidiaries, affiliates, partners, officers, directors, employees and agents) harmless from any claim or demand, including attorneys’ fees, made by any third party due to or arising out of your breach or alleged breach of these Terms, your use of the Service and conduct in connection with the Service, or your violation of any law or the rights of a third party. Nothing in these Terms shall be deemed to exclude or limit your liability in respect of any indemnity given by you under these Terms.

 

10. ENTIRE AGREEMENT

These Terms, any applicable additional terms included in the Service, and any documents expressly incorporated by reference herein (including Privacy Policy), contain the entire understanding of you and Treebuddy, and supersede all prior understandings of the parties hereto relating to the subject matter hereof.

 

11. WAIVER AND SEVERABILITY

Our failure to exercise any rights under these Terms shall not constitute or be deemed a waiver or forfeiture of such rights or a waiver or forfeiture of such rights in the future. In the event that any provision of these Terms is held to be invalid or unenforceable by a court or tribunal of competent jurisdiction for any reason, the remaining provisions of these Terms will remain in full force and effect.

 

 

12. GOVERNING LAW AND RESOLUTION OF DISPUTES

Any claim, cause of action or dispute arising out of or relating to these Terms will be brought solely in the courts of Helsinki, Finland. You hereby consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
 

13. ASSIGNMENT

We may assign or delegate these Terms and/or our Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under these Terms without our prior written consent, and any unauthorized assignment and delegation by you is ineffective.

 

 

14. TERMS APPLICABLE TO LOCATION BASED SERVICES

When receiving and registering your Treebuddy, you’ll subscribe to Envirate service at m.envirate.net website. The Envirate service will use location data as all of our trees are validated and based on accurate location information.

 

15. CONTACT

The Service is operated and provided by Treebuddy Ltd.

 

Treebuddy Ltd / Vajrakila Innovations Ltd

Helsinki, Finland

E-mail: info@treebuddy.earth

Contact form: www.envirate.net

Terms and Conditions are effective as of 19 November 2019.

Contacts

info@treebuddy.earth
Laivanvarustajankatu 3 B 19,
FI–00140 Helsinki, Finland
VAT-code: 2756853-6

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