END USER LICENSE AGREEMENT

END USER LICENSE AGREEMENT

FOR

GREENTEK, LLC

This Terms of Use Agreement (the “Agreement”) is between you (“you” or the “User”) and the service operator, GreenTek, LLC (“GreenTek” or the “Company”). By using any services made available through the Company’s website (http://www.greentek.io) (the “Website”), the GreenTek Tokens (the “Tokens”) or any other service provided by GreenTek (collectively, “Services”), or GreenTek affiliates, you agree that you have read, understood, accepted and agreed to all of the terms and conditions contained in this Agreement, as well as our Privacy Policy, which has incorporated the GDPR regulation. This Agreement is a legally binding contract.  Please carefully read through this Agreement and related notices before using any of the Services. Should you not agree to the terms of this Agreement, please disable your account and immediately stop your use of the GreenTek website and any and all of its Services.

For more information on the Company or our Services, you may refer to the company and license information found on the Website. If you have questions regarding this Agreement, please contact the Company via our Customer Support team at info@greentek.io

Modifications of Terms and Conditions

The Company reserves the right to modify or change the terms and conditions of this Agreement at any time in its sole discretion. the Company will provide notice of these modifications or changes by updating the revised Terms of Use on its Website and changing the revision date on this page. Any and all modifications or changes to this Agreement will be effective immediately upon their announcement on the Website or their release to Users. Your continued use of the Company’s Services constitutes acceptance of this Agreement as modified. If you do not agree to be bound by these modifications, please discontinue use of the Company website and Services immediately.

Eligibility

By registering to use the Company’s Services, you have affirmed that you are an individual at least eighteen (18) years of age, or a firm, corporation or other entity in good standing, with the full legal capacity to enter into this Agreement.

Only one account per User may be established on the GreenTek website. If the Company discovers more than one account associated with any User, the Company reserves the right to freeze, suspend, or terminate all of that User’s accounts, as well as to halt trading on all Tokens associated with those accounts.

The User is responsible at all times for the maintenance of his or her login and password credentials Any unauthorized usage of your GreenTek account should be reported to the Company immediately. The Company is not responsible for any loss or damages resulting from the User’s failure to report unauthorized use of his or her account. Further, upon registration for the Website, the User shall provide the Company with complete and accurate personal information. Users must promptly update any and all information when it changes.

Prohibition of Use

By accessing and using the Services, you acknowledge and declare that you are not on any trade or economic sanctions lists of any applicable jurisdiction, including but not limited to the United Nations Security Council Sanctions List. The Company retains the right to select markets and jurisdictions in which to operate and may restrict or deny its services to Users in certain countries for any reason whatsoever. Prohibited persons shall not use or access the GreenTek’s Website or any of its Services.

Governing Law

This Agreement and the GreenTek Website are governed by the laws and regulations of the State of California. By using the Services, the User subjects himself or herself to such laws and regulations. This provision shall apply regardless of the residence, domicile or citizenship of the User.

GreenTek Account Registration & Requirements

Registration

All Users must register for a GreenTek Account before acquiring Tokens. To register for an account, you must provide your real name, email address and password and accept the Terms of Use and Privacy Policy.  By registering for a GreenTek Account, you declare that all information provided to the Company is true, accurate and complete to the best of your knowledge.

The Company may, in its sole discretion, refuse to open an account for any User at any time.

User Identity Verification

By registering an account with the Company, the User agrees to share his or her personal information for the purpose of identity verification. This information is used specifically for the detection of possible money laundering, terrorist financing, fraud, and other financial crimes. In addition to providing this information, to facilitate compliance with global industry standards for data retention, the User agrees to permit the Company to keep a record of such information for the lifetime of the account plus 5 years after account closing. The User also authorizes the Company to make inquiries, either directly or through third parties, that are deemed necessary to verify the User’s identity or to protect the User or the Company from financial crimes such as fraud.

The Identity Verification information the Company requests may include, but is not limited to, the User’s Name, Email Address, Contact Information, Telephone Number, Username, and Government Issued ID. In providing this required information, the User affirms that all information and documentation is accurate and authentic. Post-registration, the User guarantees that all information provided remains truthful and complete and that it will be updated in a timely manner with any changes. If there is a reason to believe the information provided by the User is wrong, untruthful, outdated or incomplete, the Company reserves the right to request corrections, remove relevant information directly and terminate all or part of the Company’s Services to the User. The User shall be solely responsible for any loss or expenses incurred during the use of the Company Service if they cannot be reached using the contact information provided. The User hereby acknowledges and agrees that he or she has the obligation to update all information provided to the Company in accordance with this Agreement.

Account Usage Requirements

GreenTek accounts may be used only by the person in whose name they are registered. The Company reserves the right to suspend, freeze or cancel accounts that are used by persons other than the registered User. The Company assumes no legal responsibility for such unauthorized account usage.

Account Security

The Company prioritizes maintaining the safety of funds entrusted to us and has implemented industry standard protections for its services. However, account-level risks may also be created by individual User actions. We strongly urge that you take independent precautions to protect access to your account and the security of your personal information.

You are solely responsible for the safekeeping of your GreenTek account and password, and you shall be responsible for all activities conducted under your login name and password (including but not limited to information disclosure, information posting, consent to various rules and submission of Agreements by clicking on the Website, online renewal of Agreement, etc.).

You hereby agree that:

  • You will hold your GTE token for six months as soon as we launch our token on the Binance Dex Exchange
  • you will notify the Company immediately if you become aware of any unauthorized use of your GreenTek account and password by any person or any other violation of security rules and regulations;
  • you will observe the security, authentication, purchasing, trading, withdrawal mechanism and other procedures of the Website/service; and
  • you will log out from the Website by taking proper steps at the end of every visit.

The Company will not be responsible for any financial loss or breach of security caused by your failure to comply with the above Account Security provisions.

Dispute Resolution

The Company reserves the right to resolve issues and disputes in its sole discretion. Such issues may include infringement of others’ rights, violation of applicable laws and regulations, abnormal trades, and other issues not explicitly mentioned in the Terms of this Agreement. Users agree to bear the costs arising from the process of dispute resolution.

Guidelines for Usage of Services on the Website

You hereby agree to the following covenants. All activities that you engage in while using the Company’s Services:

  • will be in compliance with the requirements of applicable laws and regulations, the various published guidelines of the Company, and the terms and conditions of this Agreement;
  • will not violate the public interest, public ethics or others’ legitimate interests; and
  • will not constitute or promote evasion of taxes or fees payable.

You covenant and agree that you will not use any data or information displayed on the GreenTek platform for commercial purposes other than the trading of Tokens within the GreenTek ecosystem without the prior written consent of the Company. You will use all Services in accordance with its Terms of Use and Privacy Policy. You shall not attempt to interfere with the normal operations of the Company. Examples of such interference may include, but are not limited to:

  • using a device, software or subroutine to interfere with the website,
  • overloading network equipment with unreasonable data loading requests, or
  • executing malicious or fraudulent entries into Contests

By accessing the Services, you agree that the Company has the right to unilaterally determine whether you have violated any of the above covenants, and to take actions to apply relevant rules and sanctions without your consent or without prior notice to you. Examples of such actions may include, but are not limited to:

  • blocking and closing Token trading requests,
  • freezing your account,
  • reporting the incident to authorities,
  • publishing the alleged violations and actions that have been taken in response thereto, and
  • deleting any information you have published that is deemed to be in violation of the above covenants.

In case of any legal proceeding against you by a third party by reason of an alleged violation of these covenants or any other provision of this Agreement, you shall independently undertake the defense of such legal proceeding and shall indemnify and hold harmless the Company from any and all actions, claims, or costs arising therefrom, including damages of any type, fines, losses caused by administrative sanctions of any kind, and reasonable attorney’s fees incurred by the Company in the defense thereof.

Description of Services

The Company provides an online digital energy asset trading platform (the “Platform”) only for a proprietary product (“GT Token”) commonly known as a virtual token or cryptographic token. The Company does not provide fiat (national currency) or quasi-currency (Bitcoin, Ethereum or the like) capabilities on its platform, except in connection with the purchase of the GT Token. GT Tokens may be purchased with certain cryptocurrencies, including Bitcoin and Ethereum. The Company reserves the right in its sole discretion to offer User incentives in the form of additional GT Tokens in exchange for certain GT Token purchases, account balances and Platform participation.

The Company provides no means of converting the GT Token to any other form of currency or quasi-currency, except when refunding purchases of GT Token for any reason in its sole discretion. Users may not voluntarily convert GT Token to any other form on the Website, nor does the Company make any representation or warranty that the GT Tokens may be sold or converted to any other form by the User, in any exchange or elsewhere, once purchased.

The Company functions as a platform provider only, providing a Platform on which Users can use GT Tokens to trade units of renewable energy. Each unit represents a unit of energy produced from a renewable resource like: Waste to Energy, Wind, Hydroelectric Power, and Quantum Energy.

The Company reserves the right, in its sole discretion, to cancel or suspend any and all trading (or any portion thereof) should viruses, bugs, hacking or other unauthorized human intervention or other causes corrupt the administration, security, integrity or proper operation of trading (or any portion thereof). Notification of such cancellation or suspension will be provided by the Company promptly to its customers.

The Company reserves the right, in its sole and absolute discretion, to deny any User the right to participate in any trading for any reason whatsoever. Further, the Company may, in its sole and absolute discretion, invalidate any trade for the purposes of preventing abusive, unfair or potentially unlawful activity, or in the event that the Company deems that there is a risk of any such abusive, unfair or unlawful activity.

The Company does not operate an independent Platform, other than its Website,  and is not a market maker, exchange or trading platform. The Company allows trading only with its GT tokens and not with any other means of exchange or currency. The information published on the GreenTek Website is for use in the GreenTek ecosystem only. The Company does not provide authoritative market data, investments or investment advice, and disclaims any liability for the use or interpretation of the information published on its Website or in other communications media. All Users of the Services acknowledge and understand that they are not  trading tokens on the Platform. The Company encourages all Users to exercise prudence, and to participate responsibly and within their own financial means. Users must register and open an account with the Company and deposit digital assets, which must be converted to GT Tokens prior to commencement of trading. Users may request the withdrawal of their GT Tokens, subject to the conditions and limitations set forth in this Agreement.

Conditions of Participation

By participating in trading on the GreenTek Platform, Users agree to be bound by the rules and the decisions of the Company, which shall be final and binding in all respects. The Company, in its sole discretion, may suspend any account, refuse to award benefits or require the return of any Tokens if the User engages in conduct or otherwise utilizes any information the Company deems improper, unfair or otherwise adverse to the operation of the Platform, or in any way detrimental to other Users.

Conduct that would be deemed improper includes, but is not limited to:

  • Falsifying personal information required to create an account;
  • Engaging in any type of financial fraud including unauthorized use of a User account to access the Platform;
  • Colluding with any other individual(s) or engaging in any type of syndicate or cartel trading;
  • Any violation of the Terms of Use;
  • Using automated means (including but not limited to scripts and third-party tools) to interact with the Website in any way;
  • Using any form of automated means to obtain, collect or access any information on the Website or of any User for any purpose;
  • Any type of bonus abuse, abuse of any present or future referral program, or abuse of any other offers or promotions;
  • Tampering with the administration of the Platform or trying to in any way tamper with the computer programs or any security measure associated with GreenTek;
  • Obtaining other Users’ information or spamming or otherwise abusing other Users; or
  • Abusing the Website in any way.

Users further acknowledge that the forfeiture and return of any Token shall in no way prevent the Company from pursuing criminal or civil proceedings in connection with such conduct.

Service Fees

The Company reserves the right to levy service fees on Users who use its Services, which fees may be adjusted by the Company at any time in its sole discretion. The Company may deduct such service fees directly from the proceeds of an individual trade or Platform transaction.

Disclaimer of Warranties

The Company strives to maintain the accuracy of information posted on its Website; however, it cannot guarantee the accuracy, suitability, reliability, completeness, performance or fitness for purpose of its Website content, and will not accept liability for any loss or damage that may arise directly or indirectly from such content. Information on the GreenTek Website is subject to change without notice and is provided for the primary purpose of facilitating independent decisions by its Users. While the Company emphasizes platform security to ensure the continuity and security of its Services (announcements will be made in the event of downtime and maintenance), it shall not be held liable for User losses in the event of unforeseen circumstances, including but not limited to Acts of God, malicious targeted hacking, service outages and terrorist attacks. The Company reserves the right to cancel, roll back or block transactions of all types on its platform in case of such an abnormal event.

Provision of Services

The Company will provide the Services on an “as is” basis and in “commercially available” condition. It does not offer any form of warranty with regard to the Services’ reliability, stability, accuracy or completeness of the technology involved. The Company cannot control the quality, security or legality involved in any transaction, the truthfulness of the transaction information, or capacity of the parties to any transaction to perform their obligations. Prior to your use of the Company’s Services to trade GT Tokens, in making your decision you should carefully consider the investment risks, available information, legality and validity of such transaction.

Limitation of liability

You acknowledge and agree, the Company will in no case be liable for any of your losses caused by any of the following events, including but not limited to:

  • Losses of profits, goodwill, usage or data, or any other intangible losses;
  • Use of or failure to use the Company’s Services;
  • Unauthorized use of your account or unauthorized alteration of your data by third parties;
  • Your misunderstanding of the Company’s Service; or
  • Any other losses related to the Company’s Service which are not directly attributable to the gross negligence or willful misconduct of the Company, its agents or employees.

In no event shall the Company be liable for any failure or delay of service resulting from regular network maintenance or external factors such as power failure, natural disaster, service provider problems or governmental acts.

The Company is not to be held responsible for: any incorrect, invalid or inaccurate entry information; human errors; postal delays/postage due mail; technical malfunctions; failures, including public utility or telephone outages; omissions, interruptions, deletions or defects of any telephone system or network, computer online systems, data, computer equipment, servers, providers, or software (including, but not limited to software and operating systems that do not permit an entrant to participate in a Contest), including without limitation any injury or damage to any entrant’s or any other person’s computer or video equipment relating to or resulting from using the Platform; inability to access the Website, or any web pages that are part of or related to the Website; theft, tampering, destruction, or unauthorized access to, or alteration of, entries or images of any kind; data that is processed late or incorrectly or is incomplete or lost due to telephone, computer or electronic malfunction or traffic congestion on telephone lines or transmission systems, or the Internet, or any service provider’s facilities, or any phone site or Website or for any other reason whatsoever; postal issues, typographical, printing or other errors, or any combination thereof.

Any attempt by a customer, User, or any other individual or entity to deliberately alter, damage, or affect the Website or undermine the legitimacy of the Company’s operation of the Platform is in direct violation of criminal and civil laws.  Should any attempt be made, the Company reserves the right to seek damages and other legal remedies from any such person or entity to the fullest extent permitted by law.

Indemnification

You agree to indemnify and hold harmless the Company, its affiliates, contractors, licensors, and their respective directors, officers, employees and agents from and against any claims and damages (including attorneys’ fees, fines or penalties imposed by any regulatory authority) arising out of your breach or our enforcement of this Agreement. This shall also apply to User violation of any applicable law, regulation, or rights of any third party during the use of the Company Service.

By using any of the Company’s Service you agree to indemnify, release and to hold harmless the Company, its parents, subsidiaries, affiliates and agents, as well as the officers, directors, employees, shareholders and representatives of any of the foregoing entities (collectively, the “Released Parties”), from any and all liability, claims or actions of any kind, including but not limited to injuries, damages, or losses to persons and property which may be sustained in connection with using the Services, the receipt, ownership, use or misuse of any Token or while preparing for, participating in or travelling to or from any Service related activity, as well as any claims based on publicity rights, defamation, or invasion of privacy. The Company may, in its sole and absolute discretion, require a User to execute a separate release of claims similar to the one listed above in this Paragraph as a condition of continued use of the Platform.

Announcements

Please be aware that all official announcements, news, promotions, and competitions will be listed on the Website at https://greentek.io/. The Company shall not be held liable should Users incur losses arising from ignorance or negligence in relation to and all posted Announcements.

Termination of Agreement

All Users agree that the Company reserves the right to immediately suspend your account (and any accounts beneficially owned by related entities or affiliates), freeze or lock the funds in all such accounts, and suspend your access to the GreenTek Website, if we suspect any such accounts to be in violation of the Terms of Service, Privacy Policy, KYC/AML acts or any applicable laws & regulations. The Company shall have the right to keep and use the transaction data or other information related to such accounts. The above account controls may also be applied in the following cases:

  • The account is subject to a governmental proceeding, criminal investigation or other pending litigation,
  • We detect unusual activity in the account,
  • We detect unauthorized access to the account, or
  • We are required to do so by a court order or by order of a regulatory or government authority.

In case of any of the following events, the Company shall have the right to terminate this Agreement by canceling your account, and may permanently freeze (cancel) the authorizations of your account on the GreenTek Website and withdraw the corresponding GT account thereof:

  • termination by the Company of its Services to you,
  • registration by you as a GreenTek Website User, directly or indirectly, in any other person’s name,
  • information provided by you to the Company of any User information that is untruthful, inaccurate, outdated or incomplete;
  • in case this Agreement (including the rules) is amended, you expressly state and notify the Company of your unwillingness to accept such amendment; or
  • any other circumstance causing the Company to decide that it should terminate the Services.

Should your account be terminated, the account and transactional information required for meeting data retention standards will be securely stored for a period of five (5) years. In addition, if a transaction is pending during the account termination process, the Company shall have the right to notify your counterparty of the situation.

Remaining Funds after Account Termination (normal)

Once the account is closed/withdrawn, the User will have 5 working days to withdraw all remaining GT tokens from the account.

Remaining Funds after Account Termination (fraud/AML/violation of terms)

In case of an account termination by reason of allegations of fraud, money laundering, violation of law, violation of governmental regulation, or violation of the terms of this Agreement or other GreenTek rule or regulation, the Company shall maintain full custody of the funds in such account until such allegations are resolved to the reasonable satisfaction of the Company and its counsel. Information concerning such account, including personal information pertaining to its owner, may be turned over to governmental authorities in the event such information is subject to a subpoena or comparable legal order. In case any dispute about a terminated account is not resolved within a reasonable time, the Company may seek an order to pay the proceeds of such account into a court of law or supervised wallet pending such resolution, and upon such payment shall have no further liability concerning such proceeds.

Compliance with Local Laws

It is the responsibility of the User to comply with the laws of his or her jurisdiction concerning the Services, and particularly as to cryptocurrency transactions. Users are also advised to consider the laws of their jurisdictions concerning taxation, withholding, collection, reporting, and remittance to the appropriate tax authorities. All Users of the Services acknowledge and declare that their funds come from a legitimate source and are not derived from illegal activities. The Company will cooperate with law enforcement authorities globally and will not hesitate to terminate the account and/or seize or freeze funds of Users who are flagged or investigated by legal authorities.

Privacy Policy

The Company may announce and amend its privacy policy on the GreeTek Website from time to time. The privacy policy shall be deemed an integral part of this User Agreement. The latest version of the Privacy Policy may be found on this page  (https://greentek.io/privacy-policy/).

Intellectual Property Rights

The content on the Website including, but not limited to, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like and the trademarks, service marks and logos contained therein (the “Intellectual Property”), are owned by or licensed to the Company, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the Company. The Company reserves all rights not expressly granted in and to the Website and the Intellectual Property. You agree to not engage in the use, copying, or distribution of any of the Intellectual Property other than expressly permitted herein. The User agrees not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Intellectual Property or enforce limitations on use of the Website or the Intellectual Property therein.

The Company may provide Services that allow the User to submit or transmit audio, video, text, or other materials (collectively, “User Submissions”) to or through the Services. When you provide User Submissions, you grant to the Company, its parents, subsidiaries, affiliates, and partners a non-exclusive, worldwide, royalty-free, fully sublicensable license to use, distribute, edit, display, archive, publish, sublicense, perform, reproduce, make available, transmit, broadcast, sell, translate, and create derivative works of those User Submissions, and your name, voice, likeness and other identifying information where part of a User Submission, in any form, media, software, or technology of any kind now known or developed in the future, including, without limitation, for developing, manufacturing, and marketing products. You hereby waive any moral rights you may have in your User Submissions.

In addition, you agree that any User Submissions you submit shall not contain any material that is, in the sole and absolute discretion of the Company, inappropriate, obscene, vulgar, unlawful, or otherwise objectionable (hereinafter, “Prohibited Content”). Posting of any Prohibited Content, in addition to any and all other rights and remedies available to the Company, may result in immediate account suspension or termination.

We respect the User’s ownership of User Submissions. If the User-owned a User Submission before providing it to us, the User will continue owning it after providing it to the Company, subject to any rights granted in the Terms of Use and any access granted to others. If a User Submission is deleted, by either the User or the Company, from the Services, the Company’s general license to that User Submission will end after a reasonable period of time required for the deletion to take full effect. However, the User Submission may still exist in backup copies, which are not publicly available. If the User Submission is shared with third parties, those third parties may have retained copies of the User Submissions. In addition, if the Company has made use of your User Submission before it was deleted, the Company retains the right to continue to make, duplicate, redistribute, and sublicense those pre-existing uses, even after the deletion of the User Submission. Terminating the User’s account on a Service will not automatically delete the User Submissions previously provided.

The Company retains the right to refuse or remove a User Submission without notice to the User. However, the Company has no obligation to monitor User Submissions, and the User agrees that neither the Company nor its parents, subsidiaries, affiliates, employees, or agents will be liable for User Submissions or any loss or damage resulting from User Submissions.

The User herein represents and warrants that you have all rights necessary to grant to the Company the license above and that none of your User Submissions are defamatory, violate any rights of third parties (including intellectual property rights or rights of publicity or privacy), or violate applicable law.

Complaints and Questions

If you have any complaints, feedback or questions, kindly contact (info@greentek.io) and the Company will use its best efforts to try to resolve them for you.