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1. Service description

Carbon2O2.com (“the Website”) is a network-based software platform that allows users to access an environmental technology marketplace. Through the platform, users can utilize the C2O2 Token to acquire, hold, and interact with certified Carbon Credit Non-Fungible Tokens (NFTs) representing verified environmental assets. In addition, Carbon2O2.com provides digital wallet storage connectivity for platform-supported utility assets (the aforementioned all together “Services”). The Carbon2O2 (“Service Provider”) is a limited liability company established under the laws of the Florida Islands and having its registered place of business in the Florida 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 platform activity, the balance of your C2O2 utility tokens, your carbon NFT inventory, and your historical transaction records. You can manage your information and settings on the User Account. The User Account of the Services is not a financial, investment, or bank account.
  • 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 utility assets and environmental NFTs supported by the Services are deployed on decentralized cryptographic ledger networks.
  • Blockchain Fork (or Split): An event in which a blockchain is divided into two or more separate blockchains.
  • Website: www.Carbon2O2.com
  • Supported Assets: The C2O2 utility token and specific Carbon Credit Non-Fungible Tokens (NFTs) deployed on the platform’s supported networks. The Service Provider does not operate a general cryptocurrency exchange and restricts platform transactions exclusively to the native utility assets announced on the Website.

3. Environmental Assets and Token Utility

“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 documents 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 independent carbon credit registries.

Service Provider has developed the C2O2 Token as a utility-based digital payment method. The C2O2 Token is an “ERC-20” digital token issued by Service Provider that operates on the Polygon network. Through the Services, Users use C2O2 Tokens exclusively within the marketplace to acquire Carbon Credit Non-Fungible Tokens (NFTs), which serve as the actual, fractionalized digital certificates of verified carbon offsets containing explicit legal and data paper trails. Users may request to permanently burn or retire an amount of carbon credits that corresponds directly to the data linked within their specific Carbon NFT 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 digital assets 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. Wallet Operations and Platform Funding

Utilizing the marketplace Services requires that you transfer operational funds 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 active funds usable for utility transactions on the platform will then be visible on your User Account.

You can withdraw unutilized personal funds from your 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 transfer platform-supported utility assets from your User Account to an external cryptographic wallet of your choosing. The Service Provider aims to carry out the transfer without delay. You may also transfer supported utility assets from an external wallet to your platform User Account.

While doing withdrawals and transfers, you are solely responsible for correctly providing all necessary information, such as the public address information of a cryptographic 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, staking rewards, passive yields, or any financial dividend 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 fiat balance 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 Conditions.

5. Marketplace Operations

You can exchange verified carbon offsets for a C2O2 Token at the operational 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 legitimate digital certificate issued by an official environmental standards 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.

Users can acquire native utility tokens and supported carbon NFTs within the designated marketplace views where current functional platform exchange rates are displayed. These internal platform utility parameters will update on regular intervals.

The operational metrics displayed in the marketplace views include the processing fees of the Service Provider and you will not be charged any unannounced fees. The fees applicable at any given time are announced at the Website.

Within the marketplace view, you may choose which supported utility asset or environmental NFT you wish to secure and the digital asset format you want to use for the exchange. The utility transaction will be concluded by clicking the “Execute trade” or confirmation button. By clicking the button you will immediately accept the operational transaction and a binding utility contract will simultaneously form. Your contracting party in the direct platform trade will be the Service Provider. The operational conditions will be determined by the offer you accept.

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

You are responsible that you fill all information correctly when you are conducting platform transactions. The Service Provider is not liable for any damage due to the fact that you have given erroneous information, for instance filling in the wrong value into a digital entry field.

6. Technical errors

The metrics displayed at the Website may at times be incorrect due to technical error. Within three days of the transaction, the Service Provider shall have the right to cancel a transaction that has been concluded on the basis of incorrect operational or pricing 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 and outward transfers are not possible. Freezing of the User Account will cease, at the latest, when the Service Provider’s right to cancel a transaction due to a technical problem will expire. The transaction 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 operational exchange rate at the time of the transaction. The Service Provider does not accept responsibility on any part of incorrect parameters possibly displayed or the possible damage caused by the cancellation of transactions due to incorrect systems synchronization.

7. Network Layer Split

In case the underlying cryptographic ledger network that the native utility assets supported by the Services are based on is divided into two or more separate network states (“Blockchain Split” or “Fork”), The Service Provider shall have the right to decide which network architecture and digital assets the Services will support. The Service Provider aims to inform of its actions due to the division of a network 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 assets created by a Fork shall be handled and converted into a utility asset supported by the Services or (iii) decide that the Services shall fully support the new network split, whereupon new digital parameters would be registered to your User Account. In options (ii) and (iii) the operational expenses can be deducted from the assets compensated to you. If there is any confusion of which blockchain state represents the original asset after a Fork, the Service Provider shall have the right to decide which network layer the Services shall support after the Fork.

As a user of the Services you accept that the operational decisions made by the Service Provider might not in all cases be the one you were anticipating. You have no right to perform any demands due to the network events described in this section or the actions taken or not taken by the Service Provider due this sort of technical 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 environmental attributes or utility metrics of carbon credit markets may vary radically. The Service Provider offers no guarantees or advice on the commercial asset values or the stability of external eco-asset metrics. Due to fluctuations, the perceived utility or market index of environmental certificates may increase or decrease at any point of time. Native utility assets and carbon NFTs are not commercial legal tender, currency put into circulation by central banks, nor registered investment vehicles, which means that central banks and financial regulators do not engage in activities to reserve or back their technological values.

The Services do not include investment advice, financial planning, portfolio management, or financial analysis in any respect. Any communication by the Service Provider such as internal index metrics or other information about platform operations should not be interpreted to be a financial recommendation to acquire or dispose of any digital asset. Each acquisition and operational decision is strictly your own and the Service Provider does not have any accountability for such choices or their real-world outcomes.

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 to maintain a functional peer-to-peer environmental software framework. The Service Provider does not guarantee that operational interface parameters or automated settlement channels are constantly uninterrupted or static within the Services.

The Service Provider is not responsible for any possible indirect damage, such as loss of anticipated revenue, profit, investment performance, 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. Utility Token Ownership and Risk

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, all users are subject to the restrictions of this section.

You understand that you alone are responsible for independently researching whether acquiring a C2O2 Token is appropriate for your environmental objectives, and you are aware that there is considerable volatility in the carbon credit market and there are risks inherent in managing software-based environmental assets. You further understand that you must make your own decision on whether to acquire, interact with, or retire C2O2 Tokens without direction or investment solicitation from the Service Provider, and the Service Provider does not guarantee that C2O2 Tokens will have any external secondary trading market, financial liquidation value, or maintain any particular price stability.

Your acquisition of a C2O2 Token from a third-party wallet or seller is subject to the terms and conditions of your agreement with such a third party, and the Service Provider is not a party to, or responsible for, any such external agreements.

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 utility-based digital assets 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 compliance required under corporate or administrative laws and regulations in your jurisdiction.

You acknowledge that retiring a Carbon Credit NFT is designed to permanently claim the offset of the equivalent of one ton of CO2 (via the corresponding retirement protocol of the underlying fractionalized carbon offset data) but that holding or otherwise transacting in an unburnt C2O2 utility Token on its own does not execute carbon reduction. Accordingly, you agree and covenant that you will only make a commercial or corporate statement regarding a digital asset’s carbon offset prevention or reduction following the formal Retirement execution of the corresponding Carbon NFT, and you will not make any untrue, misleading or deceptive environmental marketing claims regarding the same.

You acknowledge and agree that: (i) C2O2 Tokens and platform Carbon NFTs are intended solely for utility-based usage, personal tracking, or corporate environmental auditing; (ii) C2O2 Tokens do not grant any equity, shares, voting rights in corporate management, capital profit-sharing, or dividend distribution from the Service Provider; (iii) there is no assurance that platform assets will be automatically recognized as valid compliance offsets under every local government carbon policy; and (iv) the software architecture is delivered “as is” and contains no express or implied financial warranties.

You acknowledge that Service Provider relies on independent verification agencies to audit that the carbon offset information uploaded into the marketplace complies with international environmental standards requirements. You agree that Service Provider has no ongoing structural obligation to you to independently monitor or re-verify the historical project management data of third-party ecological developers. User shall notify Service Provider immediately if User becomes aware that any carbon credits connected to an NFT are noncompliant with standards requirements.

You understand and acknowledge that Service Provider is a software and technology provider and is not subject to supervision or regulation by any banking, financial, or securities regulatory authority in the Florida Islands or elsewhere. Accordingly, no governmental or financial regulatory authority in the Florida Islands or elsewhere has passed or will pass upon the contents of these Terms and Conditions or the merits of utilizing the platform services, nor have these Terms and Conditions been filed with, or reviewed by, any financial regulator.

All Holders of C2O2 Tokens, regardless of the manner of acquisition, are bound by the operating utility terms of 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.

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 personal and not transferable, and that in the event of death, legal incapacity, or corporate dissolution, the Service Provider may terminate any operational access 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 for any illegal, financial manipulation, unauthorized investment pooling 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 of any person or entity or otherwise misrepresent your affiliation with a person or entity;
  • Sell, resell or use our software Services for unauthorized institutional commercial purposes, unless such use is explicitly agreed in writing with us (provided, however, that such prohibition is not intended to restrict the ecosystem transaction of C2O2 Tokens by Token Owners in the ordinary course of accessing environmental marketplace features, as permitted under these Terms and Conditions);
  • Purport to represent, act on behalf of, market securities under, or bind the Service Provider, unless expressly agreed in writing with the 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 environmental tracking 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 artificially manipulate, platform software metrics or environmental reporting indexes 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, utility parameters or other material information related to platform assets), 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 software platform interface (other than native utility assets), for your own personal, internal, noncommercial use.

If you acquire a C2O2 Token or platform Carbon NFT, then subject to your compliance with these Terms and Conditions, you are hereby granted a limited, non-transferable, revocable functional license to execute the cryptographic burning/retirement protocol of such asset solely for the purpose of claiming the consumption of carbon credits for your own personal or authenticated organizational footprint reduction tracking.

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 exploit the software interface; (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 decentralized ledger architectures that the Services support, interruptions in general distribution of electricity, payment transactions or telecommunications and the obstacles due to actions by public 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, 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 or Carbon NFTs; (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 software 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 software systems or structural nodes are free of malware, software exploits, or other harmful components. You assume the entire risk as to the technical 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 competent courts of the State of Florida.

22. Modifying and Terminating our Services

We reserve the right to modify our software deployment 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 operational features. 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 a public network address will automatically transfer and assign to that Holder, and any subsequent Holder, the limited underlying software right to retire that C2O2 Token within the application framework 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 corporate successor or 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, investment syndicate, or any other similar corporate relationship between you and us.