TERMS OF USE.

TERMS OF USE

Last Updated: June 26, 2025

These terms and conditions of use, together with any documents and/or additional terms they expressly incorporate by reference, constitute a contract (the “Terms of Use”) between you and the applicable EraTree entity as described below: EraTree Technologies Inc., a corporation existing under the laws of Canada, and EraTree Inc., a corporation organized under the laws of the United States (collectively, “EraTree”). References in these Terms of Use to “EraTree,” “we,” “us,” “our,” or the “Company” refer collectively to both entities.

The specific entity contracting with you depends on your location: if you reside in Canada, you are contracting with EraTree Technologies Inc.; if you reside in the United States, you are contracting with EraTree Inc. Both entities jointly operate the platform and may share responsibilities for service delivery and data processing.

PLEASE READ THIS DOCUMENT CAREFULLY. IT CONSTITUTES A LEGAL AGREEMENT BETWEEN YOU AND ERATREE.

By using the website at [www.eratree.io] (the “Website”) or any of our services, you agree that you have read, understood, and accept all of the terms and conditions contained in these Terms of Use. If you do not agree to any part of these Terms of Use, you may not use the Website.

JURISDICTION

Users of this Website are responsible for observing all applicable laws and regulations in their relevant jurisdictions before proceeding to access the information contained herein. The information provided in or accessible through the Website is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject EraTree to any registration or other requirement within such jurisdiction or country which EraTree does not currently have. EraTree reserves the right to limit access to the Website to any person, geographic region or jurisdiction. By proceeding to access the information, you are deemed to have represented and warranted that the applicable laws and regulations of your relevant jurisdiction allow you to do so.

NO OFFER, RECOMMENDATION OR SOLICITATION

NONE OF THE INFORMATION CONTAINED ON THIS WEBSITE CONSTITUTES A RECOMMENDATION, SOLICITATION OR OFFER BY ERATREE OR ITS AFFILIATES TO BUY OR SELL ANY SECURITIES, FUTURES, OPTIONS OR OTHER FINANCIAL INSTRUMENTS OR PROVIDE ANY INVESTMENT, TAX OR LEGAL ADVICE OR SERVICE.

NEITHER ERATREE NOR ANY OF ITS AFFILIATES ARE REGISTERED AS AN INVESTMENT COMPANY UNDER THE U.S. INVESTMENT COMPANY ACT OF 1940, AS AMENDED (THE “INVESTMENT COMPANY ACT”), AND INVESTORS WILL NOT BE ENTITLED TO THE BENEFITS OF THE INVESTMENT COMPANY ACT.

NEITHER ERATREE NOR ANY OF ITS AFFILIATES ARE REGISTERED UNDER THE DEALER, ADVISER, OR INVESTMENT FUND MANAGER REGISTRATION CATEGORIES WITH ANY CANADIAN PROVINCE OR TERRITORY PURSUANT TO NATIONAL INSTRUMENT 31-103 – REGISTRATION REQUIREMENTS, EXEMPTIONS AND ONGOING REGISTRATION OBLIGATIONS AND DOES NOT RELY ON AN EXEMPTION FROM REGISTRATION UNDER ANY OF THE NOTED REGISTRATION CATEGORIES IN ANY CANADIAN PROVINCE OR TERRITORY.

VIRTUAL CURRENCIES MAY ONLY BE TRADED BY ERATREE WITH COUNTERPARTIES RESIDING IN JURISDICTIONS WHICH DO NOT PROHIBIT SUCH TRANSACTIONS. ERATREE SHALL NOT TRADE VIRTUAL CURRENCIES WITH ANY PERSON OR ENTITY IN ANY JURISDICTION OR COUNTRY WHERE SUCH TRADING WOULD BE CONTRARY TO LAW OR REGULATION OR WHICH WOULD SUBJECT ERATREE TO ANY REGISTRATION OR OTHER REQUIREMENT WITHIN SUCH JURISDICTION OR COUNTRY WHICH ERATREE DOES NOT CURRENTLY HAVE. ANY INDIVIDUAL OR ENTITY THAT IS CONSIDERING THE PURCHASE OR SALE OF VIRTUAL CURRENCIES WITH ERATREE MAY WISH TO CONSULT LEGAL COUNSEL.

FORWARD-LOOKING STATEMENTS AND VIRTUAL CURRENCY-RELATED INFORMATION

Nothing in the Website is, or should be relied on as, a promise or representation as to the future. The Website may contain views, estimates, opinions, predictions or other forward-looking statements, which may reflect the views of EraTree or any of its affiliates with respect to, among other things, EraTree’s operation, the performance of a virtual currency (“Virtual Currency”), or the Virtual Currency market. Users may identify forward-looking statements by the use of words such as “believe”, “expect”, “potential”, “continue”, “may”, “will”, “should”, “seek”, “approximately”, “predict”, “intend”, “plan”, “estimate”, “anticipate” or other comparable words. These forward-looking statements are subject to various risks, uncertainties and assumptions. Accordingly, there are or will be important factors that could cause actual outcomes or results to differ materially from those indicated in these potential statements. Should any assumptions underlying potential forward-looking statements contained on the Website prove to be incorrect, the actual outcome or results may differ materially from outcomes or results projected in these statements. Neither EraTree nor any of its affiliates undertakes any obligation to update or review any forward-looking statement, whether as a result of new information, future developments or otherwise, except as required by applicable law or regulation.

Pricing and other information generated through the use of the Website which may be made available herein may not reflect actual prices or values that may be available to you in the market at the time generated or at the time you may want to purchase or sell a particular Virtual Currency with us.

YOUR USE OF THE WEBSITE

You are prohibited from attempting to circumvent and from violating the security of this Website, including, without limitation:

accessing content and data that is not intended for you;
attempting to breach or breaching the security and/or authentication measures which are not authorized;
restricting, disrupting or disabling service to users, hosts, servers, or networks;
illicitly reproducing TCP/IP packet header;
disrupting network services and otherwise disrupting Website owner’s ability to monitor the Website;
using any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
attacking the Website via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing; and
otherwise attempting to interfere with the proper working of the Website.

CONDITIONS OF USE, USER SUBMISSIONS AND WEBSITE CONTENT STANDARDS

As a condition of your access and use, you agree that you may use the Website only for lawful purposes and in accordance with these Terms of Use.

The following content standards apply to any and all content, material, and information a user submits, posts, publishes, displays, or transmits (collectively, “submit”) to the Website, to other users or other persons (collectively, “User Submissions”) and any and all interactive functions offered by us. Any and all User Submissions must comply with all applicable federal, state, provincial, local, and international laws, regulations, and terms of service.

Without limiting the foregoing, you warrant and agree that your use of the Website and any User Submissions shall not:

In any manner violate any applicable federal, state, provincial, local, or international law or regulation including, without limitation, any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property, legal rights (including the rights of publicity and privacy of others) or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
In any manner violate the terms of use of any third-party website that is linked to the Website, including but not limited to, any third-party social media website.
Include or contain any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such legally prohibited ground or be otherwise objectionable, such determination to be made in Company’s sole discretion.
Involve stalking, attempting to exploit or harm any individual (including minors) in any way by exposing them to inappropriate content or otherwise or ask for personal information as prohibited under applicable laws, regulations, or code.
Involve, provide, or contribute any false, inaccurate, or misleading information.
Impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses, or screen names associated with any of the foregoing).
Transmit, or procure the sending of, any advertisements or promotions without our prior written consent, sales, or encourage any other commercial activities, including, without limitation, any “spam”, “junk mail”, “chain letter”, contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation.
Encourage any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.
Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any other person.
Promote any illegal activity, or advocate, promote, or assist any unlawful act.
Give the impression that they originate from or are endorsed by us or any other person or entity, if this is not the case.

USER SUBMISSIONS: GRANT OF LICENCE

The Website or our services may contain interactive functions allowing User Submissions on or through the Website.

None of the User Submissions you submit to the Website will be subject to any confidentiality by the Company. By providing any User Submission to the Website or to us, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to a world-wide, royalty free, perpetual, irrevocable, non-exclusive licence to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose and according to your account settings and/or incorporate such material into any form, medium or technology throughout the world without compensation to you. You further waive any moral rights or other rights of authorship as a condition of submitting any User Submission.

By submitting the User Submissions, you declare and warrant that you own or have the necessary rights to submit the User Submissions and have the right to grant the licence hereof to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns to the User Submissions and comply with these Terms of Use. You represent and warrant that all User Submissions comply with applicable laws and regulations and the User Submissions and Website Content Standards set out in these Terms of Use.

You understand and agree that the Company, Company’s parent, subsidiaries, affiliates nor their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers or successors, are not responsible for any User Submissions you submit or contribute, and you are fully responsible and legally liable, including to any third party, for such content and its accuracy. We are not responsible or legally liable to any third party for the content or accuracy of any User Submissions submitted by you or any other user of the Website.

NO RELIANCE

The content on our Website is provided for general information purposes only. It is not intended to amount to advice on which you should rely. You must obtain more specific or professional advice before taking, or refraining from, any action or inaction on the basis of the content on our Website.

Although we make reasonable efforts to update the information on our Website, we make no representations, warranties, or guarantees, whether express or implied, that the content on our Website is accurate, complete, or up to date. Your use of the Website is at your own risk and neither the Company nor its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever for your use of this Website.

This Website may include content provided by third parties, including from other users and third-party licensors. All statements and/or opinions expressed in any such third-party content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of the Company. Neither the Company nor its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever to you, or any third party, for the content or accuracy of any third-party materials.

THIRD-PARTY WEBSITES

For your convenience, this Website may provide links or pointers to third-party sites. We make no representations about any other websites that may be accessed from this Website. If you choose to access any such sites, you do so at your own risk. We have no control over the contents of any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party sites.

Such links to third-party sites from the Website may include links to certain social media features that enable you to link or transmit on your own or using certain third-party websites, certain content from this Website. You may only use these features when they are provided by us and solely with respect to the content identified.

DISCLAIMER OF WARRANTIES

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

NEITHER THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE WEBSITE OR ITS CONTENTS. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS REPRESENT OR WARRANT THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE WEBSITE AND YOUR COMPUTER, INTERNET, AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING, OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

ERATREE DOES NOT RECOMMEND, ENDORSE, ADVOCATE OR SPONSOR ANY OF THE VIRTUAL CURRENCY TRANSACTIONS THAT MAY BE ENTERED INTO PURSUANT TO A VIRTUAL CURRENCY PURCHASE & SALE AGREEMENT. ERATREE IS NOT AN AUTHORIZED FINANCIAL ADVISOR OR REPRESENTATIVE AND DOES NOT GIVE TAX, EMPLOYMENT, OR INVESTMENT ADVICE. ANY PRICE INFORMATION, QUOTES, FORECASTS, RETURN ESTIMATES, OR INDICATIONS OF PAST PERFORMANCE ARE FOR INFORMATION PURPOSES ONLY AND DO NOT GUARANTEE FUTURE PERFORMANCE AND DO NOT CONSTITUTE AN OFFER TO BUY OR SELL OR ANY SOLICITATION OF AN OFFER TO BUY OR SELL ANY CURRENCIES, CURRENCY PAIRS, OR OTHER PROPERTY, NOR TO ENTER INTO ANY VIRTUAL CURRENCY TRANSACTION. ERATREE IS NOT, SHALL NOT BE, AND SHALL NOT BE DEEMED TO BE YOUR FINANCIAL ADVISOR OR FIDUCIARY WITH RESPECT TO YOUR INTENTION TO OFFER TO BUY OR SELL ANY CURRENCIES, CURRENCY PAIRS, OR OTHER PROPERTY.

LIMITATION ON LIABILITY

EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE WEBSITE, ANY LINKED WEBSITES OR OTHER THIRD-PARTY WEBSITES, NOR ANY WEBSITE CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW.

EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, IN NO EVENT SHALL COMPANY’S AGGREGATE LIABILITY FOR ALL CLAIMS, WHETHER ARISING OUT OF OR RELATED TO THESE TERMS OF USE, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE LESSER OF: (A) THE AMOUNT PAID BY YOU TO COMPANY IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) THREE THOUSAND DOLLARS ($3,000.00) USD.

INDEMNIFICATION

To the maximum extent permitted by applicable law, you agree to indemnify and hold harmless EraTree, its affiliates and service providers, and each of its or their respective officers, directors, agents, joint venturers, employees and representatives, from any loss, damage, cost, action, claim or demand (including attorneys’ fees and any fines, fees or penalties imposed by any regulatory authority) arising out of or related to your breach of these Terms of Use; your use of, or conduct in connection with the Website or the services; or your violation of any law, rule or regulation, or the rights of any third party.

AMENDMENTS

We may change these Terms of Use from time to time in our absolute and sole discretion. If we make material changes to these Terms of Use, we will provide notice to you by doing some or all of the following:

Updating the “Last Updated” date at the beginning of these Terms of Use and adding a statement to our homepage;
Requiring your acceptance of the amended Terms of Use; or
Sending you an email notification.

Any and all such modifications are effective immediately upon posting, or, if required by applicable law, upon your acceptance of the amended Terms of Use or receipt of email notification, and apply to all access to and continued use of the Website and services. You agree to periodically review the Terms of Use in order to be aware of any such modifications. If you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Website and services. If you do not terminate your use of the Website or services, your continued access to or use of the Website or services will be deemed to constitute acceptance of such revised Terms of Use.

ENTIRE AGREEMENT

These Terms of Use, the Privacy Policy, and the Virtual Currency Purchase & Sale Agreement (as applicable), incorporated by reference herein comprise the entire understanding and agreement between you and EraTree as to the subject matter hereof, and supersedes any and all prior discussions, agreements and understandings of any kind (including without limitation any prior versions of these Terms of Use), and every nature between and among you and EraTree.

Section headings in these Terms of Use are for convenience only and shall not govern the meaning or interpretation of any provision of these Terms of Use.

ASSIGNMENT

You may not assign any rights and/or licenses granted under these Terms of Use. We reserve the right to assign our rights without restriction, including without limitation to any EraTree affiliates or subsidiaries, or to any successor in interest of any business associated with the Website and services. Any attempted transfer or assignment in violation hereof shall be null and void. Subject to the foregoing, these Terms of Use will bind and inure to the benefit of the parties, their successors and permitted assigns.

CHANGE OF CONTROL

Should EraTree be acquired by or merged with a third-party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from you as part of such merger, acquisition, sale, or other change of control.

All provisions of these Terms of Use which by their nature extend beyond the expiration or termination of these Terms of Use shall survive the termination or expiration of these Terms of Use.

GOVERNING LAW

This Agreement shall be interpreted and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein.

ARBITRATION AND WAIVER OF CLASS ACTION

If you have a dispute with EraTree arising under these Terms of Use, we will attempt to resolve such dispute through our support team. If we cannot resolve the dispute through our support team within 30 days of your notice to EraTree regarding the dispute, then the determination of the dispute shall be settled solely and exclusively by final and conclusive binding arbitration in the City of Toronto, Province of Ontario, administered by JAMS. Such arbitration shall be conducted in accordance with the then prevailing JAMS Streamlined Arbitration Rules & Procedures, with the following exceptions to such rules if in conflict: (a) one arbitrator shall be chosen by JAMS; (b) each party to the arbitration will pay an equal share of the expenses and fees of the arbitrator, together with other expenses of the arbitration incurred or approved by the arbitrator; (c) each party shall be entitled to participate in the arbitration by video conference or teleconference; and (d) arbitration may proceed in the absence of any party if written notice (pursuant to the JAMS’ rules and regulations) of the proceedings has been given to such party.

Where applicable, both you and EraTree agree to bring any dispute in arbitration on an individual basis only, and not on a class or collective basis on behalf of others. Where applicable, there will be no right or authority for any dispute to be brought, heard or arbitrated as a class or collective action, or as a member in any such class or collective proceeding (the “Class Action Waiver”). Notwithstanding any other provision of these Terms of Use or the applicable arbitration rules, where applicable, disputes regarding the enforceability, revocability, scope, or validity or breach of the Class Action Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. In any case in which (1) the dispute is filed as a class or collective action and (2) there is a final judicial determination that all or part of the Class Action Waiver is unenforceable, the class or collective action to that extent must be litigated in a civil court of competent jurisdiction, but the portion of the Class Action Waiver that is enforceable shall be enforced in arbitration. You and EraTree agree that you will not be retaliated against, disciplined or threatened with discipline as a result of your filing or participating in a class or collective action in any forum. However, we may lawfully seek enforcement of the arbitration clause set out above and the Class Action Waiver under the applicable law and seek dismissal of such class or collective actions or claims.

If for any reason the arbitration clause set out above is not applicable, then each party, (i) to the fullest extent permitted by applicable law, hereby irrevocably waives all right to trial by jury in relation to any issue relating to these Terms of Use or any other matter involving the parties, and (ii) submits to the exclusive jurisdiction and venue of the courts located in the city of Toronto, province of Ontario.

INJUNCTIVE RELIEF

These Terms of Use do not hinder the rights of either party to seek injunctive relief in order to limit immediate, serious and irreparable injury.

FORCE MAJEURE

We shall not be liable for delays, failure in performance or interruption of service which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to, any delay or failure due to any act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions.

WAIVER

No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms of Use operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

These Terms of Use shall not be construed to waive rights that cannot be waived under applicable local, provincial, state and federal laws where you are located.

To file a complaint, obtain information about our policies and practices, or if you have questions or comments about these Terms of Use, please contact us by email at [info@eratree.io].