1. Service description

Carbon2O2.com (“the Website”) is a network based trading platform that allows you to purchase and sell virtual currencies. In addition, Carbon2O2.com provides virtual currency storage (the afore mentioned all together “Services”). The Carbon2O2 (“Service Provider”) is a limited liability company established under the laws of the Cayman Islands and having its registered place of business in the Cayman Islands.

These Terms and Conditions present the terms of using the Services. By creating your User Account in the Services or by accessing or using the Services, you agree on these Terms of Service and the Service Provider’s Privacy Policy.

2. Definitions

For the purposes of these Terms and Conditions the following definitions shall apply:

• User Account: Your user account in the Services. On your User Account you will see information about your assets in euro, the balance of your Virtual Currencies, the number of your transfers and withdrawals, your trading history and other information and settings you have set. You can manage your information and settings on the User Account. The User Account of the Services is not to be mistaken for a bank account. The assets transferred into the User Account are stored in the Service Provider’s bank account reserved for clients’ assets.
• User ID: The e-mail address you provide while creating your User Account serves as your User ID. You will need your User ID for example while logging in to your User Account.
• Blockchain: Technology that enables actors unknown to each other to together produce and maintain decentralized databases. A blockchain is executed as a form of a list or a log of transactions that are divided among the participants which makes it possible to verify it from multiple sources and which also simultaneously forms a database. The Virtual Currencies supported by the Services are based on a blockchain.
• Blockchain Fork (or Split): An event in which a blockchain is divided into two or more separate blockchains.
• Website: www.Carbon2O2.com
• Virtual Currency: Blockchain based decentralized currency, such as Bitcoin, Litecoin or Ethereum. The Virtual Currencies supported by the Services at any chosen time are announced on the Website. The Service Provider can occasionally add or delete the Virtual Currencies supported by the Services.

3. As used in these Terms and Conditions,

“carbon credits” are digital certificates created in accordance with certain regulatory or voluntary carbon credit programs designed to reduce the emission of carbon dioxide (“CO2”). A carbon credit document that a particular company or environmental project (e.g., a project for forest conservation, reforestation, clean energy, biomass, etc.) removed or prevented the emission (pollution) of the equivalent of one ton of CO2 in a given year in accordance with the requirements of a particular carbon credit program. Carbon credits are issued, transferred, and retired (to offset the emission of one ton of CO2) through carbon credit registries.

Service Provider has developed and issued tokenized representations of carbon credits that the User holds (each, a “C2O2 Token”). A C2O2 Token is a “ERC-20” digital token issued by Service Provider that operates on the Ethereum blockchain. Through the Services, users can request to retire an amount of carbon credits that corresponds to the user’s retired C2O2 Token balance in accordance with these Terms and Conditions (“Retirement”).

Becoming a customer and creating a User Account

Creating a User Account is a precondition to becoming a customer and using the Services. The User Account is created by following the instructions presented on the Website.

By creating a User Account:

• you commit to follow these Terms and Conditions and accept that the Terms and Conditions are applied, without a separate consent, to all transactions made by you through the Services
• confirm that you have been informed of the Privacy Policy and given the consents possibly identified in the Privacy Policy
• confirm that the information you have given the Service Provider is true and up to date.

To create a User Account and to use the Services, you have to identify yourself by using a so called strong authentication method, for example, online banking access codes. The strong authentication identification is required, among other things, to prevent money laundering, financing of terrorism and other acts of misconduct. The Service Provider also has the right to demand additional documents and information to confirm your identity and to verify the given information from, for example, the population information system or from other similar source. After the first identification you shall log in to your User Account with the password you have created.

In the process of creating the User Account, you have to provide us your personal bank account number in IBAN-form. This bank account will function as the account that you can transfer assets onto in US Dollars from the Services. The Service Provider has the right to demand documents and actions to verify that the account you have announced is your personal account. It is neither allowed nor possible to transfer assets from the Services to elsewhere than the personal bank account you have provided. The transfer of assets to another user of the Services is not allowed nor is it possible. In case you want to change the bank account you have provided for the User Account you can contact the Service Provider via e-mail at: support@Carbon2O2.com

The User Account is personal and you may only possess one User Account at a time. No one other than you may use your User Account and you are not allowed to act as an intermediary in favor of a third party or in any other equivalent role.

The Service Provider shall inform you when your User Account has been accepted and you can begin to use of the Services. The acceptance of the User Account creates a contract between you and the Service Provider concerning the Services in accordance with these Terms and Conditions. The contract shall be effective until further notice. You have the right to terminate the contract and to end your User Account with immediate effect at any time. The Service Provider may terminate the contract with 30 days’ notice at any time. If there is reasonable doubt that you have violated these Terms and Conditions the Service Provider has the right to terminate the contract with immediate effect.

To create a User Account and to use the Services you have to be at least 18 years old.

You shall immediately inform the Service Provider of any changes in the information you have provided.

It is strictly prohibited to use the Services and the Website for illegal purposes. Since the regulation concerning Virtual Currencies may vary between countries, you are always solely responsible to act according to the regulation applicable to you, regardless of whether it is determined by your residence or other factors. The Service Provider accepts no responsibility whatsoever of damages and consequences due to the fact that you have violated the regulation applicable to you while using the Services.

It is strictly prohibited to use the Services and the Website for the purpose of harming the Services or the Website.

The Service Provider has the right to not to open up a User Account to the Services due to any reason. If you have failed to create a User Account you can contact the Service Provider via e-mail: support@Carbon2O2.com.

4. Withdrawals and transfers

Trading in the Services requires that you transfer assets in euro to your User Account by making a wire transfer to the Service Provider’s customer funds account. The Service Provider aims to register the transfer without delay, nevertheless at the latest in three working days from the transfer. The assets in euro that are usable in the Services will then be visible on your User Account.

You can withdraw assets in US Dollars from you User Account at any time. Service Provider may use a third-party provider (e.g. PayPal®) to perform currency exchange. Service Provider shall choose a third-party provider at its discretion and User agrees to the exchange rate used by the third-party provider. The Service Provider aims to execute the withdrawal without delay. The assets will be transferred to your personal bank account that you have provided when creating your User Account.

You may also transfer Virtual Currency from your User Account to an external virtual wallet of your choosing. The Service Provider aims to carry out the transfer without delay. You may also transfer Virtual Currency from an external virtual wallet to your User Account.

While doing withdrawals and transfers, you are solely responsible for correctly providing all necessary information, such as the address information of a virtual wallet. The Service Provider accepts no responsibility of the possible damage caused by you providing incorrectly the information implied in this section.

You have no right to gain interest income on the assets on your User Account. In case the Service Provider has to pay interest related to the storing of the assets to the Service Provider’s client funds account providing credit institution (negative interest) such expenses will be collected from you by reducing your assets in euro in your User Account.

To prevent misconducts the Service Provider can place limits to transfers and withdrawals. These limitations are further explained in the “Supervision” part of the Terms and Conductions.

5. Trading on the Website

You can exchange carbon offsets for a C2O2 Token at the value set by Service Provider at the Website. Service Provider shall have the right to change the exchange value between carbon offsets and the C2O2 Token at Service Provider’s discretion. You shall provide a digital certificate issued by a standards agency or a similar agency for certification purposes. Service Provider shall have the right to request documentation from the User and independent third-parties that is relevant to certification of the carbon offsets.

You can buy and sell Virtual Currencies in the “Buy & Sell” view where the prices for selling and buying offered at any given time by the Service Provider are displayed. The prices will update on regular intervals.

The prices displayed in the “Buy & Sell” view include the fees of the Service Provider and you will not be charged any other fees. The fees applicable at any given time are announced at the Website.

In the “Buy & Sell” view you may choose which currency you want to buy and by which currency you want to pay. The trade will be concluded by clicking the “Execute trade” button. By clicking the button you will immediately accept the trade and a binding contract of the trade will simultaneously form. Your contracting party in the trade will be the Service Provider. The conditions of the trade will be determined by the offer you accept.

The trade will be registered immediately at your User Account. You and the Service Provider both accept that the trade has been instantly executed when it is registered at the User Account.

You are responsible that you fill all information correctly when you are trading. The Service Provider is not liable for any damage due to the fact that you have given erroneous information, for instance filled in the wrong value to the slot for the amount of Virtual Currency.

6. Technical errors

The prices displayed at the Website may at times be incorrect due to technical error. Within three days of the trade, the Service Provider shall have the right to cancel a trade that has been concluded on the basis of incorrect price information. In case the Service Provider suspects a technical error has occurred, the Service Provider shall have the right to immediately freeze your User Account, which shall have the effect that withdrawals are not possible. Freezing of the User Account will cease, at the latest, when the Service Provider’s right to cancel a trade due to a technical problem will expire. The trade will not however be cancelled insofar as the assets on your User Account do not cover the amount of assets that would be refunded due to the cancellation. The amount of the refund will always be performed on the basis of the prevailing rate of exchange at the time of trade. The Service Provider does not accept responsibility on any part of incorrect prices possibly displayed or the possible damage caused by the cancellation of trades due to incorrect pricing.

7. Blockchain Split

In case the Blockchain that the Virtual Currency supported by the Services is based on is divided into two or more separate blockchains (“Blockchain Split” or “Fork”), The Service Provider shall have the right to decide which Blockchain and Virtual Currency the Services will support. The Service Provider aims to inform of its actions due to the division of a Blockchain it supports within a reasonable period of time. The Service Provider may for example (i) decide to not support a Fork at all or (ii) decide that the new virtual currencies created by a Fork shall be traded and converted into a virtual currency supported by the Services or (iii) decide that the Services shall fully support the new Virtual Currency, whereupon new virtual currencies would be registered to your User Account. In options (ii) and (iii) the expenses can be deducted from the amount of euros or virtual currency compensated to you. If there is any confusion of which Blockchain represents the original Virtual Currency after a Fork the Service Provider shall have the right to decide which Blockchain the Services shall support after the Fork and which Blockchain shall represent the original Virtual Currency.

As a user of the Services you accept that the decision made by the Service Provider might not in all cases be the one you were hoping for. You have no right to perform any demands due to the event described in this section or the actions taken or not taken by the Service Provider due this sort of event.

8. Information Security

The password created in order to use the User Account is your personal password and it is not permitted to disclose it to third parties. It is your responsibility to use your User Account safely and to store the password in a way that it will not be disclosed to third parties. You must immediately inform the Service Provider in case you become aware or you suspect that your password has been disclosed to a third party.

The Service Provider shall have the right to monitor the use of the User Account and the password and the Service Provider may at its sole discretion require you to change your password. The Service Provider may also set requirements for the password’s security and demand you to change your password on the terms that your password does not meet the requirements set by the Service Provider. The Service Provider shall also have the right to prevent the use of the User Account if it is deemed necessary at the Service Provider’s discretion due to reasons related to information security.

The instructions or tips on the Website or provided by other means by the Service Provider are not binding towards the Service Provider and do not necessarily ensure the information security of the Service.

The Service Provider never requests you to deliver your User ID or password other than when you are logging in to the User Account. Other requests concerning the User Account or revealing the password must not be answered even if the requests might seem originated from the Service Provider.

The Service Provider has the right to share information of you to the competent authority in case you commit actions that endanger the information security of the Service, the Website or other related systems.

9. Changes in the Service and in the Terms and Conditions

The Service Provider shall have the right to change or terminate, temporarily or permanently, the Services and the Website or a part of them or to restrict the use of the Service or the Website at any given time. The Service Provider aims to inform of essential changes to the Services in a reasonable amount of time prior to performing such changes, nevertheless at least 30 days before the change shall come into force.

The Service Provider shall have the right to alter the Terms and Conditions unilaterally at any given time. The Service Provider aims to inform of essential changes made to the Services in a reasonable amount of time prior to preforming such changes, nevertheless at least 30 days before the change shall come into force.

The Service Provider may transfer its rights and duties set forth in the contract to a third party at any given time without your consent by informing about the transfer 30 days before the transfer shall take place. You have no right to transfer the rights and duties related to the Terms and Conditions and the Services to a third party.

For weighty reasons, for example due to order by an authority, the Service Provider shall have the right to disregard the time limits for informing the changes stated in this section.

10. Disclaimers

While using the Services you acknowledge and accept that the value of Virtual Currencies may vary radically. The Service Provider offers no guarantees or advises on the value of the Virtual Currencies or the stability of the value. Due to the fluctuations your property may increase or decrease at any point of time and the Virtual Currency might even become valueless. Virtual Currencies are not currency put into circulation by central banks which means that central banks can not engage in activities in order to reserve the value of a Virtual Currency.

The Services do not include investment advice in any respect. Any communication by the Service Provider such as pricing information or other information about the Virtual Currency or for example the Service Provider’s decision to offer or not to offer certain Virtual Currency in the Services should not be interpreted to be a recommendation to purchase or not to purchase, sell or not to sell the Virtual Currency in question. Each purchase and sale decision is your own decision and the Service Provider does not have any responsibility of such decision or its consequences.

The Service Provider aims to maintain the Services and the Website functioning at all times but the Service Provider does not at any part guarantee the functioning and accessibility of the Service at any given time. The Service Provider aims to inform reasonably in advance in the event of premeditated maintenance breaks.

The purpose of the Services is that the Service Provider constantly offers purchase and sales offers concerning Virtual Currencies. The Service Provider does not however guarantee that offers to purchase or to sell Virtual Currencies are constantly available in the Services.

The Service Provider is not responsible for any possible indirect damage, such as loss of revenue or profit or other consequential damages unless the Service Provider has caused the harm by gross negligence or by malicious act.

You shall be liable to compensate in full amount any damage caused to the Service Provider caused by your violation of these Terms and Conditions.

11. Token Ownership

Regardless of the manner of acquisition or whether you access or use any of the Services other than the C2O2 Token or register for a User Account.

You understand that you alone are responsible for independently researching whether acquiring a C2O2 Token is appropriate for you, and you are aware that there is considerable volatility in the carbon credit market and there are risks inherent in owning carbon credits. You further understand that you must make your own decision on whether to acquire, sell, retire or otherwise transact in C2O2 Tokens without direction from Service Provider, and Service Provider does not guarantee that C2O2 Tokens will have any resale market or maintain any particular price.

Your acquisition of a C2O2 Token from a third-party seller is subject to the terms and conditions of your agreement with such a third-party seller and Service Provider is not a party to any such agreement.

You are responsible for complying with applicable law when transacting with C2O2 Tokens. You agree that Service Provider is not responsible for determining whether or which laws may apply to your transactions involving C2O2 Tokens, including tax, securities, commodities, derivatives, financial regulatory, environmental, energy or other laws and regulations. You are solely responsible for reporting and paying any taxes arising from your use of the Services, including any accurate reporting of the tax or legal status of C2O2 Tokens in your jurisdiction. You are also solely responsible for any reporting, registration or licensing requirements that may apply to you arising from your use of the Services, including any reporting, registration or licensing required under other laws and regulations in your jurisdiction.

You acknowledge that retiring a C2O2 Token is designed to prevent the emission of the equivalent of one ton of CO2 (via the corresponding retirement of an underlying carbon credit) but that holding or otherwise transacting in a C2O2 Token on its own does not prevent or reduce CO2 emissions. Accordingly, you agree and covenant that you will only make a statement or claim regarding a C2O2 Token’s CO2 emissions prevention or reduction following your retirement of that C2O2 Token, and you will not make any untrue, misleading or deceptive statements or claims regarding the same.

You acknowledge and agree that: (i) C2O2 Tokens are intended solely for your own use; (ii) C2O2 Tokens are not, and there is no assurance that C2O2 Tokens will be, recognized as valid carbon credit offsets under the rules or requirements of any regulatory or voluntary carbon credit program by the regulator or administrator of such a program; and (iii) C2O2 Tokens are “as is” and contain no express or implied warranties and any such warranties are hereby disclaimed, including warranties of merchantability, fitness for a particular purpose; title and non-infringement, or any other warranty implied by local law.

You acknowledge that Service Provider relies on independent third parties to verify that the carbon credits in the User Accounts are in compliance with standards requirements at the time such carbon credits were created. You agree that Service Provider has no obligation to you or other Users to monitor or verify the compliance of carbon credits with any standards requirements. User shall notify Service Provider immediately if User becomes aware that any carbon credits are noncompliant with the corresponding standards requirements.

You understand and acknowledge that Service Provider is not subject to supervision or regulation by any governmental or regulatory authority in the Cayman Islands or elsewhere. Accordingly, no governmental or regulatory authority in the Cayman Islands or elsewhere has passed or will pass upon the contents of these Terms and Conditions or the merits of using the Services or purchasing C2O2 Tokens, nor have these Terms and Conditions been filed with, or reviewed by, any governmental or regulatory authority in the Cayman Islands or elsewhere.

All Holders of C2O2 Tokens, regardless of the manner of acquisition, are subject to these Terms and Conditions.

12. Supervision

The Service Provider has in place certain risk management procedures which the Service Provider uses to prevent the use of the Services and the Website for illegal purposes such as money laundering or financing of terrorism and other actions in violation of the Terms and Conditions.

In accordance with the above mentioned purpose the Service Provider shall, among other rights, have the right to restrict the amount you can transfer to the Services at once or during a period of time decided by the Service Provider. The restrictions and the applicable amounts are announced on the Website.

In the event that the Service Provider detects actions related to your User Account that imply illegal actions or actions in violation of these Terms and Conditions, the Service Provider has the right to fully freeze your User Account and prevent you from using it. The Service Provider may also request for additional information such as more specific identification information in order to investigate the situation. The freezing of the User Account may continue at most 180 days or longer if there is a pending court proceeding concerning the matter or the freezing is justifiable due to official investigation or order or if you have failed to deliver the additional information the Service Provider has required or if the Service Provider has a reason to doubt that you do not have the right to possess the assets on the User Account whether in euro or in Virtual Currency.

The Service Provider also has the right to terminate the contract concerning your User Account immediately if the Service Provider deems that you have violated the Terms and Conditions or the law while using the Service and the Website. Service Provider can terminate or suspend your User Account at any time at our discretion. We are not responsible for any loss or harm related to your inability to access or use the Services. You may not bring a claim against Service Provider for suspending or terminating your or another person’s User Account, and you agree you will not bring such a claim. If you try to bring such a claim, you are responsible for the damages caused, including attorneys’ fees and costs.

13. Transferability

You agree that your User Account is not transferable and that in the event of your death, incapacity or unavailability, Service Provider may terminate any rights to your User Account.

14. Prohibited Conduct

You are solely responsible for your conduct while using or accessing our Services. While using or accessing our Services, you will not:

• Violate any applicable law, contract, intellectual property right or other third-party right or commit a tort;
• Use the Services or for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms and Conditions;
• Attempt to circumvent any geographic or jurisdiction-limiting techniques we employ;
• Use or attempt to use another’s User Account without authorization from that user;
• Impersonate or act on behalf or any person or entity or otherwise misrepresent your affiliation with a person or entity;
• Sell, resell or use our Services for commercial purposes, unless such sale, resale or use is agreed in writing with us (provided, however, that such prohibition is not intended to restrict the sale, resale or use of C2O2 Tokens by C2O2 Token Owners in the ordinary course, as otherwise permitted under these Terms and Conditions);
• Purport to represent, act on behalf of, or bind Service Provider, unless agreed in writing with Service Provider.
• Copy, reproduce, distribute, publicly perform or publicly display all or portion of the Services, except as expressly permitted by us or our licensors;
• Modify the Services, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Services;
• Use the Services other than for their intended purpose and in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner;
• Reverse engineer any aspect of the Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of the Services;
• Use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from the Services;
• Develop or use any applications that interact with our Services without our prior written consent;
• Use the Services for benchmarking purposes or for the purpose of developing a competitive product;
• Manipulate, or attempt to manipulate, the Services in any way;
• Make any false, misleading or untrue statement of a material fact about Service Provider, the Services, or C2O2 Tokens (including the manner of acquisition, prices or other material information related to C2O2 Tokens), or omit any material fact from a statement that is necessary to make the statement, in light of the circumstances under which it was made, not misleading.
• Send, distribute or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;
• Engage in any harassing, threatening, intimidating, predatory or stalking conduct.

Enforcement of this Section 14 is solely at Service Provider’s discretion, and failure to enforce this section in some instances does not constitute a waiver of Service Provider’s right to enforce it in other instances. In addition, this Section 14 does not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules.

15. Ownership and Limited Licenses

The Services, including the Website, text, graphics, images, photographs, videos, illustrations and other content contained therein, are owned by Service Provider or Service Provider’s licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms and Conditions, all rights in and to the Services are reserved by Service Provider or Service Provider’s licensors.

Subject to your compliance with these Terms and Conditions, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use the Services (other than C2O2 Tokens), for your own personal, noncommercial use.

If you acquire a C2O2 Token, then subject to your compliance with these Terms and Conditions, you are hereby granted a limited, exclusive, nontransferable, non-sublicensable, revocable license to retire such C2O2 Token solely for the purpose of claiming the consumption of carbon credits for your own personal use.

Without limiting the foregoing provisions in this Section 15, you will not, directly or indirectly: (i) modify or create derivative works of the Services in whole or in part; (ii) rent, lease, lend, sell, advertise, assign, encumber, or otherwise commercially use the Services; (iii) remove any proprietary notices from the Services; or (iv) use the Services in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law.

Any use of the Services other than as specifically authorized herein, without Service Provider’s prior written permission is strictly prohibited and will immediately terminate the license(s) granted herein and violate our intellectual property rights.

16. Force Majeure

The Service Provider is not responsible for not fulfilling its duties when this is due to a force majeure. Any obstruction that is not reasonably within Service Provider’s control and prevents the Service Provider from fulfilling its duties shall be considered to be a force majeure (e.g. fire, tornado, natural disaster, etc.) . Force majeure events include also the interruption of the network traffic, instability of the Blockchains that the Services supports, interruptions in general distribution of electricity, payment transactions or telecommunications and the obstacles due to actions by authorities.

17. Indemnification

To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless Service Provider, and our past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates (including the Nominee), agents, representatives, predecessors, successors and assigns (individually and collectively, the “Service Provider Parties”) from and against any losses, liabilities, claims, demands, actions, damages, expenses or costs (“Claims”) arising out of or related to (a) your access to or use of the Services, including any C2O2 Tokens; (b) your Feedback; (c) your violation of these Terms and Conditions; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct, actions or inactions, in connection with the Services. You agree to promptly notify Service Provider Parties of any third-party Claims, cooperate with Service Provider Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including attorneys’ fees). You also agree that the Service Provider Parties will have control of the defense or settlement, at Service Provider’s sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Service Provider or the other Service Provider Parties.

18. Disclaimers

Your use of the Services is at your sole risk. Except as otherwise provided in a writing by us, the Services and any content therein are provided “as is” and “as available” without warranties of any kind, either express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, Service Provider does not represent or warrant that our Services are accurate, complete, reliable, current or error-free. While Service Provider attempts to make your use of our Services and any content therein safe, we cannot and do not represent or warrant that our Services or servers are free of malware, viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services.

19. Liability

To the fullest extent permitted by applicable law, Service Provider will not be liable to you under any theory of liability—whether based in contract, tort, negligence, misrepresentation, strict liability, warranty (including warranty of fitness for a particular purpose), or otherwise—for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if Service Provider has been advised of the possibility of such damages, provided, however, that nothing in these Terms and Conditions shall limit or exclude Service Provider’s liability (i) for death or personal injury caused by Service Provider’s negligence, (ii) for fraud, (iii) for any breach of Service Provider’s obligations implied by applicable compulsory national laws or (iv) any liability which cannot be excluded by law.

20. Contacts and Communication

You can contact the Service Provider at any time via e-mail at: support@Carbon2O2.com. The Service Provider shall without undue delay confirm that it has received the message and aims to answer you as soon as possible.

The e-mail address you provide while creating your User Account acts as your confirmed and qualified communication channel and you are deemed to have received all notifications delivered to that e-mail address.

21. Governing law

Any dispute arising from these Terms and Conditions and your use of the Services will be governed by and construed and enforced in accordance with the laws of Florida, without regard to conflict of law rules or principles (whether of Florida or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the courts of the Florida.

22. Modifying and Terminating our Services

We reserve the right to modify our Services or to suspend or stop providing all or portions of our Services at any time. You also have the right to stop using our Services at any time. We are not responsible for any loss or harm related to your inability to access or use our Services. If we discontinue providing all or portions of the Services, Service Provider will, where reasonably possible, give you advance notice.

23. Severability; Survival

If any provision or part of a provision of these Terms and Conditions is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.

Upon termination of your User Account or our relationship with you under these Terms and Conditions for any other reason, all rights and obligations of the parties that by their nature are continuing will survive such termination.

24. Assignment and Third-Party Holders

You may not assign your rights and obligations under these Terms and Conditions without our express written consent. You may not transfer or assign these Terms and Conditions or any rights or obligations hereunder, by operation of law or otherwise and any such attempted assignment shall be void, subject to the following exception. Sending a C2O2 Token to an address will automatically transfer and assign to that Holder, and any subsequent Holder, the right to retire that C2O2 Token so long as the Holder is eligible to, and does, register a User Account.

Each Holder is subject to all provisions of these Terms and Conditions as if they are a user that has registered for a User Account including, but not limited to, the requirements to not transact with Blacklisted Addresses and not engage in Prohibited Conduct.

We reserve the right to freely assign these Terms and Conditions and the rights and obligations of these Terms and Conditions to any third party at any time without notice or consent. If you object to such transfer or assignment, you may stop using our Services and terminate these Terms and Conditions by contacting Service Provider to close your User Account.

25. Waiver

The failure of Service Provider to exercise or enforce any right or provision of these Terms and Conditions will not operate as a waiver of such right or provision. These Terms and Conditions reflect the entire agreement between the parties relating to the subject matter hereof and supersede all prior agreements, representations, statements and understandings of the parties, whether express or implied. The section titles in these Terms and Conditions are for convenience only and have no legal or contractual effect. Use of the word “including” will be interpreted to mean “including without limitation.” Except as otherwise provided herein, these Terms and Conditions are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically.

Our failure to exercise or enforce any right or provision of these Terms and Conditions will not operate as a waiver of such right or provision. We will not be liable for any delay or failure to perform any obligation under these Terms and Conditions where the delay or failure results from any cause beyond our reasonable control. Your access to or use of the Services does not create any form of partnership, joint venture or any other similar relationship between you and us.