Terms & Conditions

TERMS AND CONDITIONS OF USE

EKOFOLIO

Your use of the website www.ekofolio.com ("Website") and services associated therewith (the "Services")("Website" and "Services" together referred as "Ekofolio") are subject to these Terms of Use. By using the Website or the Services, you agree to these Terms of Use. These Terms of Use also apply to updates, supplements and any other services of the Website and/or Services carried out by or on behalf of the Service Provider, unless otherwise agreed in writing or unless other terms accompany such items. If so, those other terms apply.

These Terms of Use also include all regulations, policies and guidelines referenced in this document or as otherwise published by Service Provider on the Website, including our Privacy Notice, which can be found here. In case of discrepancies between the Privacy Notice and these Terms of Use, these Terms of Use shall prevail.

If you do not want to be bound by these Terms of Use, you must immediately stop using the Website and cease using the Services.

Service provider is:

Ekofolio OÜ, registry code 14605770, legal address at Rotermanni tn 8, Tallinn, 1011, Estonia (hereinafter referred to as "Service Provider" or "we" or "our")

    1. Services
      1. Through its Website, Service Provider promotes and enables people to invest in forests using the blockchain technology.
    2. Access
      1. In order to access and use Ekofolio, you must create a profile and register as a user (hereinafter " User"). The profile is personal and non-transferable. Access to Internet is inevitable in order to use Ekofolio.
      2. To become a User you must enter:
        1. your full name;
        2. a valid email address belonging to you. You represent that the email address does not violate the rights (including intellectual property rights) of third parties and/or these Terms of Use.
        3. a password. You must choose a password to be used with your email address when you log in to use Ekofolio. Alternatively, we will send the password to you. The password is personal and may not be transferred or otherwise made available to others. If you become aware that the password is or may be compromised, you are required to change it or inform us immediately. We can and will change the password, if there is a risk that the account is compromised or used in violation of these Terms of Use.
      3. In the future, we may implement the using of a username chosen by you linked with your account for additional security. The username may be displayed on the Website when you post or create ideas, suggestions, documents, content and/or proposals ("Contributions") on our Website.
      4. You are responsible for ensuring that the username and password remain confidential and for any activity using your username and password. Service Provider shall not be liable if your account is used by others. You can always change your password and preferences and delete your account.
      5. If you are using or opening an account on behalf of a company, entity or organization ("Subscribing Organization"), then you represent and warrant that you are an authorized representative of that Subscribing Organization with the authority to bind such organization to these Terms of Use and agree to be bound by these Terms of Use on behalf of such Subscribing Organization.
      6. It is prohibited to obtain or attempt to obtain access to Ekofolio which require user registration, if you are not a User.
      7. The Service Provider continually updates and tests various aspects of Ekofolio. By using Ekofolio you agree that we may include you or exclude you from these tests without notice.
    3. Use of Ekofolio
      1. As long as you are validly registered as a User, the Service Provider gives you a limited, worldwide, non-exclusive license to access and use Ekofolio for your own personal use.
      2. Service Provider reserves the right to discontinue Ekofolio without notice. From time to time, we may restrict access to certain parts of our Services for users who are registered with us.
      3. Subject to compliance with these Terms of Use and with any conditions for the provision of the Services, Users may access their own data from the Website strictly for their own personal use.
      4. Notwithstanding the above, no part of the contents of the Service may be reproduced or archived at any other website or included in any other information archiving and search system or service system, without prior written consent from the Service Provider.
      5. We may display content that does not belong to us. Responsibility for such content rests solely with the person who made it available to us. Service Provider always has the right to review content to determine whether it is illegal or violates our policies and we may remove or refuse to display content if we reasonably believe that the content is illegal or violates our policies. This does not necessarily mean that we review content displayed on Ekofolio.
      6. When you use Ekofolio, you agree that we may send you service announcements and administrative messages.
      7. Service Provider will periodically send out newsletters to Users who have agreed to receive them. You can unsubscribe from these newsletters at any time by changing your profile settings or contacting us.
      8. You must at all times comply with any technical limitations of Ekofolio, if they only allow you to use Ekofolio in certain ways.
      9. You may not:
        • breach the technical limitations of Ekofolio;
        • improperly delete, de-compile, reverse engineer, reverse compile, modify, translate, or make any similar changes (except and only to the extent mandatory Estonian law expressly allows this);
        • sell, rent, lease, distribute, sublicense, transfer or lend Ekofolio to third parties;
        • remove, copy, modify or add information of Service Provider’s copyright, trademarks and/or property rights (including information on physical media), or in any way for commercial or personal purposes or in a disloyal manner link (actively or passively) to Ekofolio.
      10. Any rights not expressly granted are reserved.
    4. Regulatory Compliance
      1. You shall, at your own expense, comply with all rules, regulations, regulatory decisions and orders of a public authority which apply to these Terms of Use.
      2. You must immediately report any suspected or actual problems, mistakes, inappropriatenesses, misuses etc. in writing to us via the contact forms provided in Ekofolio.
      3. You are responsible for the content of Contributions and represent and warrant that the content of the Contributions you publish on Ekofolio is correct (where specified facts) and sincere (in case of attitudes).
      4. You must not post Contributions on Ekofolio, which have marketing characteristics or which are misleading, offensive, harmful, violate the rights of others (including intellectual property rights), are obscene, or illegal, or otherwise violate any applicable local, national or international law contrary to these Terms of Use, have a disloyal purpose and/or content or which cause injury (including computer viruses, Trojan horses, worms or other harmful software, data or action).
      5. If Service Provider receives notification or otherwise determines that a Contribution violates applicable laws, rights of third parties and/or these Terms of Use, Service Provider can delete such Contributions without warning and Service Provider may – depending on the seriousness of the infringement character – inform any wronged party and/or authorities hereof. Our right to delete content is not subject to any justifications, although Service Provider will endeavour to inform the User of the deletion and its rationale.
      6. Service Provider does not hold any ownership of material owned by you but by sending or uploading material to Ekofolio or to the Database, you implicitly grant us an irrevocable, transferable, non-exclusive, royalty-free, sub-licensable licence without any territorial restrictions to use, reproduce, change, adapt, publish, translate, create derivative works, distribute, carry out or represent such material for or as part of any other tool (whether known or subsequently released onto the market). Moreover, you grant other users of Ekofolio a non-exclusive licence to access such material through use of Ekofolio, and to use, reproduce, distribute, prepare derivative works or publish such material in accordance with these Terms of Use.
      7. The Service Provider has the right to initiate and perform any legal actions that Service Provider considers necessary in the event that a Contribution violates applicable laws, rights of third parties and/or these Terms of Use.
      8. You agree to indemnify us for any claims that may be asserted against us as a result of your violation of these Terms of Use or applicable law and for any claims or losses arising from third party claims against us.
      9. Service Provider may at any time request information from you about the Contribution, including documentation of the data included in the Contribution.
    5. Abuse
      1. You will not:
        • introduce commercial communications (including spam) on Ekofolio;
        • collect Users’ content or information, or otherwise access Ekofolio using automation;
        • upload viruses or other malicious code;
        • ask for someone else’s login information or access someone else’s account;
        • bully, intimidate or harass other Users;
        • publish content that is: hateful, threatening, or incites violence or contains gratuitous violence;
        • use Ekofolio to do anything unlawful, misleading, malicious, or discriminatory;
        • publish, sell, rent, lease, distribute, sublicense, transmit, print or borrow information or data published on Ekofolio, unless such data belongs to and concerns you;
        • facilitate or encourage the violation of these Terms of Use or our policies.
      2. Contact us using the contact form in Ekofolio or by writing to us at admin@ekofolio.com if you suspect misuse of your account or bank details via Ekofolio. Service Provider does not cover losses on your account in excess of losses recoverable under mandatory applicable law.
      3. If you experience any misuse of the Ekofolio by any third party please inform us hereof using the contact form on the Website.
    6. Deactivating
      1. If you do not possess any active investments, you may at any time and without notice delete your account using the functionality provided in Ekofolio. If you choose to delete your account, you may at any time create a new account. If you wish to delete your account that has active investments, you should contact Ekofolio.
      2. If you choose to delete your account, your account will be deleted as soon as possible thereafter.
      3. Any balance on your account with us will be non-refundable when the time for withdrawal (see below) has expired.
    7. Terms for purchasing and trading Forest Tokens and EKO
      Within Ekofolio you have the option to purchase and trade Forest Tokens and the proprietary cryptocurrency (EKO) used for Ekofolio. The terms for such transactions are subject to the respective terms available on the Website.
    8. Age Restriction
      1. People under the age of 18 ("Minors") may only use Ekofolio under the supervision of the person holding parental authority over them (parents or guardians). Minors may only register to the Services with consent from their parent(s) or guardian(s). Minors may register to the Service if such consent is granted by the parent or guardian of the Minor. Only once this consent has been granted may the Minor’s registration to the Service be completed.
      2. You represent and warrant that you may enter into an agreement with us when you open an account with us.
    9. Suggestions
      Service Provider offers a feature that lets people send suggestions and feedback on Ekofolio. When submitting any Contributions you guarantee that:
      • your Contributions do not contain confidential or proprietary information;
      • Service Provider is not subject to express or implicit obligations of confidentiality with regard to your Contributions;
      • Service Provider is authorised to use and disclose (or may choose not to use or divulge) your Contributions for any purpose, in any way and through any means anywhere in the world;
      • Service Provider may have similar material to the subject of the Contribution already in the design or development phase;
      • your Contributions automatically become our property without any obligations to the User; and
      • you are not entitled to any sort of fee, indemnity or reimbursement under any circumstances.
    10. Duration and Termination
      1. Service Provider may cancel or deactivate your account or otherwise terminate or restrict your access to Ekofolio at any time and without notice, and remove and discard any Contributions or content if you commit a material breach of these Terms of Use.
      2. These Terms of Use may, with prior written notice, be terminated by both parties in the event of a material breach by the other party, provided that in each case of an alleged violation, the non-breaching party (a) notifies the other party in writing of the breach, and (b) the defaulting party does not stop the breach within a period of thirty (30) days (or such other period as mutually agreed between the parties) of the receipt of such notice, or (c) in case of the other party’s insolvency, bankruptcy or similar.
      3. Upon termination, you shall cease all use of Ekofolio and destroy all copies, full or partial, of Ekofolio. In the event of termination you must immediately cease using Ekofolio, delete Ekofolio, and stop using the Services. On the effective date of termination of any termination all of your rights under these Terms of Use shall cease.
      4. Upon termination, all amounts you have committed yourself to paying to us become due and payable, whether the amounts fall due before or after the date of termination. All fees are non-cancellable and non-refundable. In the event of termination of these Terms of Use, you are not entitled to any compensation from us.
    11. Changes to these Terms of Use
      1. Service Provider may amend the Terms of Use from time to time. Unless Service Provider provides a delayed effective date, all amendments will be effective upon posting of such updated Terms of Use. Your continued access to or use of Ekofolio after such posting constitutes your consent to be bound by the Terms of Use, as amended.
      2. When using particular plans, offers, products, services or features, you will – in addition to these Terms of Use – also be subject to any additional posted guidelines or rules applicable to such plan, offer, product, service or feature, which may be posted and modified from time to time. All such additional terms are hereby incorporated by reference into these Terms of Use, provided that in the event of any conflict between such additional terms and the Terms of Use, the Terms of Use shall prevail.
    12. Intellectual Property Rights
      Unless specified otherwise under these Terms of Use or under certain conditions of the specific Services accessed by the User, all copyrights and any other intellectual property or industrial rights or any other rights in any of the contents or aspects of Ekofolio belong to Service Provider or to our licensors. These works are protected by copyright law and by existing international treaties. All rights of these works are expressly reserved.
    13. No warranty
      1. You expressly acknowledge and agree that any use of Ekofolio is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort lies with you. To the maximum extent permitted by applicable law, Ekofolio and any Services performed or provided by Service Provider are provided "as is" and "as available", with all faults and without warranty of any kind, and Service Provider hereby disclaims all warranties and conditions with respect to Ekofolio and any Services, either express, implied or statutory. No oral or written information or advice given by us or our authorized representative shall constitute a warranty.
      2. Service Provider does not warrant that Ekofolio will: achieve specific results; operate without interruption; display correct information about the User’s location and/or organization (since some information is received from third parties); be error-free; be absolutely impenetrable for hackers willfully trying to gain access to your computer system; or fit a particular purpose.
    14. Indemnification
      You agree to indemnify and hold us, our affiliated companies, and our suppliers and partners harmless from any claims, losses, damages, liabilities, including attorneys’ fees, arising out of your misuse of Ekofolio, violation of these Terms of Use, violation of the rights of any other person or entity, or any breach of your representations, warranties, and covenants set forth in these Terms of Use.
    15. Access to Ekofolio
      Service Provider shall make all reasonable efforts (according to the market standards applied for similar services) to ensure that Ekofolio is always accessible. However, Service Provider shall not be held liable if, for any reason, Ekofolio is temporarily or permanently unavailable. In any event, any service levels that may be agreed upon from time to time based on the specific service agreement shall continue to apply.
    16. Amendments and Interruptions to Service
      1. Ekofolio will undergo continual development and the format and nature of Ekofolio may change from time to time without prior warning. Service Provider also reserves the right to restrict the use and archiving of material owned by you (as defined below) or of any data at our discretion and without prior warning.
      2. Service Provider shall make reasonable efforts to ensure that the information published on Ekofolio is correct; however, Service Provider cannot provide any guarantee that this information is accurate and complete. Service Provider may change the content or the descriptions of Ekofolio and/or the features available and any other aspect of the Services at any time, including without prior warning. Service Provider shall not accept any obligations or commitments to update the content and material published on Ekofolio.
      3. Access to Ekofolio may be temporarily suspended, including without prior warning if any system errors are detected, urgent assistance or maintenance work is required or for any other reasons beyond our reasonable control. Service Provider also reserves the right to interrupt access to Ekofolio at any time, including without prior warning if these Terms of Use and/or the conditions for the provision of Ekofolio are breached. Nevertheless, Service Provider shall be released from all liability for any damage or loss, including loss of data, resulting from this suspension or interruption of Ekofolio.
    17. Support
      If you experience any issues or errors when using Ekofolio, please report such issues and errors using the contact form in Ekofolio or sending an email to admin@ekofolio.com. Service Provider does not guarantee that an issue or an error will be corrected within a specific period of time. Service Provider does not provide any other support services, unless otherwise agreed.
    18. Third Party Services; Third Party Materials
      1. Ekofolio may enable access to our and third party services and websites (collectively and individually "Third Party Services"). Use of Ekofolio may require your acceptance of additional Terms of Use of these Third Party Services.
      2. Links in Ekofolio to Third-Party Services are only offered to help users at Ekofolio. By using these links, you leave Ekofolio. Service Provider has not checked the Third-Party Services which are linked to Ekofolio and has no control over or responsibility for how they are run, including their content or availability of use. Service Provider therefore does not make any guarantees or declarations regarding these Third-Party Services or the material which can be found there or for any issue resulting from their use. As soon as visitors to the Third-Party Services decide to access these links, they do so at their own responsibility and risk.
      3. Ekofolio may display, include or make available content, data, information or materials from third parties ("Third Party Materials") or provide links to certain third party websites. By using Ekofolio, you acknowledge and agree that Service Provider is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. Service Provider does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any third-party Services, Third Party Materials or websites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to you.
      4. Service Provider makes no representation that Ekofolio is appropriate or available for use in any particular location. To the extent you choose to access Ekofolio, you do so at your own initiative. Service Provider and our licensors reserve the right to change, suspend, remove, or disable access to Ekofolio or part hereof at any time without notice. In no event will Service Provider be liable for the removal of or disabling of access to Ekofolio. Service Provider may also impose limits on the use of or access to Ekofolio, in any case and without notice or liability.
    19. Limitation of Liability
      1. To the extent not prohibited by law, Service Provider shall in no event be liable for personal injury, or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss or reconstruction of data, business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use the licensed application, however caused, regardless of the theory of liability (contract, tort or otherwise) and even if Service Provider has been advised of the possibility of such damages.
      2. In no event shall our total liability to you for all damages (other than as may be required by mandatory applicable law in cases involving personal injury) exceed the amount corresponding to the value of transactions concluded between you and the Service Provider.
      3. The foregoing limitations will apply even if the above stated remedy fails its essential purpose.
    20. Ownership
      1. Title to, ownership of, and all rights relating to the intellectual property in Ekofolio, any derivative works thereof, and any goodwill accruing from the use of Ekofolio, belong exclusively to and shall remain with Service Provider and/or its licensors.
      2. If you help us with feedback, ideas or suggestions to Service Provider by providing feedback, Service Provider can freely and without limitation use such feedback.
    21. Consumer Complaints
      If you experience errors or defects in Ekofolio, please feel free to contact us at admin@ekofolio.com or by using the contact forms on the Website.
    22. Miscellaneous
      1. These Terms of Use for using Ekofolio govern your use of Ekofolio and supersede all prior agreements.
      2. Notwithstanding any contrary provision of these Terms of Use, neither party will be liable for any action taken, or any failure to take any action required to be taken, in the event and to the extent that the taking of such action or such failure arises out of causes beyond a party’s control, including, without limitation, war, civil commotion, acts of God, strike or other stoppage (whether partial or total) of labour, any law, decree, regulation or order of any government or governmental body (including any court or tribunal).
      3. These Terms of Use are governed by Estonian law, except for Estonian international private law. Any dispute arising out of these Terms of Use, including their validity, shall be settled by the Harju County Court, Estonia. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Use.