General Terms and Conditions of Use
To facilitate, we present below the main terms and definitions used by us in this instrument.
About Carbon Credits and MCO2 Tokens
- Carbon credits are certifications created in compliance with regulated environmental carbon credit projects designed to reduce the emission of carbon dioxide (“CO2”). A carbon credit certifies that a given company or environmental project (e.g., a project for forest conservation, reforestation, clean energy, biomass, etc.), in a given year, eliminated or prevented the emission (pollution) equivalent to one ton of CO2 into the atmosphere, in accordance with the specific requirements of certain carbon credit programs. Carbon credits are issued, transferred, and retired (in order to offset the emission of one ton of CO2) through carbon credit records.
- MOSS has developed and issued tokenized representations of carbon credits (“MCO2 Token”). An MCO2 Token is an “ERC-20” digital token issued by MOSS that operates on the Etherum blockchain network. It is possible to request the retirement of an amount of carbon credits corresponding to the MCO2 Token (“Retirement”). Retirement is best described in Section 6 below and/or in the FAQs section (https://moss.earth/pt-br/faq/).
Overview and scope
- You understand that sending an MCO2 Token to another destination automatically transfers and assigns to the holder of that destination (“Holder”), and to any subsequent Holder, the right to Retire that MCO2 Token, provided that the Holder is eligible for registration in a Platform and so do it.
- You will not be able to access or use our Services if you are a “Prohibited Person”, which means that:
- You have previously been suspended from using our Services;
- You are prohibited from using the Services or do not have the necessary licenses or other governmental authorizations to use the Services under the applicable law of the jurisdictions in which you reside or conduct business;
- You reside in a country that is subject to US embargoes or that has been declared by the US to be a sponsor of terrorism;
- Are you on any US list of prohibited or restricted third parties, or any sanctions lists adopted by the United Nations and/or the European Union, so that such sanctions are extended by the British Government to its overseas territories, as such lists are subject to change at any time; or
- your use of the Services violates any other contract to which you are a party.
User Account and Security
- In order to have full access to our Services, you need to register on our website to obtain an account (“Account”). If You register on our site, you must provide specific information and promptly update it if it changes. You are responsible for the activities that occur in connection with your Account and must maintain its security. You are prohibited from sharing your password or other login credentials with anyone else. Immediately notify MOSS if you discover or suspect that someone has accessed your Account without your permission.
- MOSS may terminate or suspend your Account at any time in our sole discretion. We are not responsible for any loss or damage related to your inability to access or use the Services. You may not bring an action or claim against us in connection with the suspension or termination of your Account or that of any other person, and You agree that you will not bring such action or claim.
- You agree that your Account is non-transferable and that in the event of your death, disability or unavailability, MOSS may terminate any rights in your Account.
Requirements for MCO2 Token Entitlement
- You represent and acknowledge that only You are responsible for independently researching whether the acquisition of an MCO2 Token is appropriate for You, and You are aware that there is considerable volatility in the carbon credits market and that there are inherent risks to ownership of carbon credits. You further understand that you shall make your own decision regarding the acquisition, sale, Retirement, or any other transaction with respect to the MCO2 Tokens without guidance from MOSS, and MOSS does not guarantee that the MCO2 Tokens will have any resale market value or hold any pre-set price.
- The acquisition of an MCO2 Token is subject to the terms and conditions established with the third-party sellers, and MOSS does not participate in and is not a party to any such agreement, which is why MOSS is exempt from any liability in this regard.
- You are responsible for complying with applicable law when transacting with MCO2 Tokens. You agree that MOSS is not responsible for determining whether or what laws may apply to your transactions involving MCO2 Tokens, including taxes, securities, commodities, derivatives, financial, environmental, energy regulation, or any other applicable laws and regulations. You are solely responsible for reporting and paying any taxes arising from your use of the Services, including any accurate information about the tax or legal status of MCO2 Tokens in your jurisdiction. You are also solely responsible for providing any information, reporting, registration, or licensing that may be required as a result of Your use of the Services, including any documents required by other laws and regulations in the competent jurisdiction.
- You acknowledge that the Retirement of an MCO2 Token is intended to prevent the emission of the equivalent of one ton of CO2 (through the corresponding Retirement of an underlying carbon credit), but that the possession or transaction of an MCO2 Token alone does not prevents or reduces CO2 emissions. Accordingly, you acknowledge and agree that you will only make a statement or claim regarding the prevention or reduction of CO2 emissions from an MCO2 Token after the Retirement of that MCO2 Token, and will not make any false, misleading, or misleading statements or claims about you.
- You represent and acknowledge that: (i) MCO2 Tokens are intended solely for your own use; (ii) MCO2 Tokens are not, and there is no guarantee that the MCO2 Tokens will ever be recognized as valid carbon offsets under the rules or requirements of any regulatory or voluntary carbon credit program by the regulator or administrator of such program; and (iii) MCO2 Tokens contain no express or implied warranties.
- You represent and acknowledge that MOSS relies on a Registry or independent third parties to verify that the carbon credits in the Sub-Accounts conform to the program requirements or standards of a Registry at the time such carbon credits were created therein, or registered, and you agree that MOSS has no obligation to you or other Holders to monitor or verify the compliance of carbon credits with program requirements or standards of a Registry.
- You state and warrant that you are not a Prohibited Person.
MCO2 Token Retirement
- To Retire a carbon credit that corresponds to an MCO2 Token, the respective MCO2 Token must be sent to an account on the Ethereum network, determined by MOSS and named “Retirement Account”, so that it disables future transactions and transfers associated with that MCO2 token. Although MOSS uses the Ethereum blockchain network and the Retirement address to track the balances of MCO2 Tokens and thereby retire the carbon credits to them arising from the Registration Accounts, we do not assume any obligation to track, monitor, recognize or legitimize any MCO2 Token transactions on the Ethereum blockchain network that involve a Retirement Account or any other transactional activity on the Ethereum blockchain network that does not occur through an Account.
- If you Retire an MCO2 Token pursuant to this Section, MOSS will take all necessary steps to Retire a carbon credit from the Registry Account so that, in accordance with the terms and requirements of the relevant Registry, such carbon credit can no longer be transferred or demanded by anyone.
- You are solely responsible for your conduct when using or accessing our Services. When using or accessing our Services, you may not:
- Violate any applicable law, contract, intellectual property right and other third party right or commit a wrongful act;
- Attempt to circumvent any geographic or jurisdictional limitation techniques we employ and delimit;
- Use or attempt to use another user’s Account without that user’s and MOSS’s authorization;
- Represent or act on behalf of any person or entity or otherwise misrepresent your relationship with any person or entity;
- Sell, resell, or use our Services for commercial purposes, unless such sale, resale or use is agreed to in writing with us (provided that such prohibition is not intended to restrict the sale, resale, or use of MCO2 Tokens, as already permitted by these Terms);
- Intend to represent, act on behalf of or bind the Company, unless previously agreed in writing with us.
- Copy, reproduce, distribute, publish, or publicly display all or part of our Services, except as expressly permitted by us or our licensors;
- Modify our Services, remove any proprietary rights notices or markings, or otherwise make any derivative works based on our Services;
- Use our Services in any way other than for the intended purpose and in any way that could interfere with, disturb, negatively affect, or inhibit other users from fully enjoying our Services or in a way that could damage, disable, overburden or impair the functioning of our Services in any way;
- Reverse engineers our Services or any practice that may extract the source code of our software, as well as circumvent measures employed to prevent or limit access to any part of our Services;
- Use any data mining, robots or similar data collection or extraction methods designed to scrape or extract data from our Services;
- Develop or use any applications that interact with our Services without our prior written consent;
- Use our Services for benchmarking purposes or for the development of a competitive product;
- Manipulate, or attempt to manipulate, our Services in any way;
- Making any false, misleading, or adulterated statement about a material fact about MOSS, its Services or MCO2 Tokens (including the manner of purchase, prices or other material information relating to the MCO2 Token), as well as omitting any material fact in any statement where it was necessary to indicate it.
- Sending, distributing, or posting spam, unsolicited or bulk commercial electronic communications, chain letters or pyramid schemes;
- Bypass or ignore the instructions contained in our robots.txt file; or
- Engage in any harassing, threatening, intimidating, predatory or stalking conduct.
Entitlement and Limitation of Licenses
- The Services logos, brands or services, slogans and branding are the registered intellectual property of MOSS and may not be copied, imitated, altered, questioned, or used, in whole or in part, without our prior written permission. All other MOSS trademarks, product designs and logos mentioned in the Services are the property of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply an endorsement, sponsorship, or recommendation on our part.
- You may voluntarily send MOSS any questions, comments, suggestions, ideas, or other information about our Services. You understand that MOSS may use such information for any purpose, commercial or otherwise, without acknowledgment or compensation to You, including to develop, copy, publish or improve our Services, in MOSS’s sole discretion. You understand that MOSS may consider your questions, comments, suggestions and/or ideas to be a non-confidential statement.
- Our Services and any content therein are provided “as is” and “as available” without warranties of any kind, express or implied, including warranties of merchantability or fitness for a particular purpose. While MOSS takes steps to secure content, we cannot and do not guarantee that our Services or servers are free of malware, viruses or other harmful components, or that our Services are accurate, complete, reliable, current or free of errors.
- Some jurisdictions do not allow the exclusion of certain warranties or waiver of certain rights in consumer contracts, therefore, some or all of the exclusions of warranties and disclaimers in this Section may not apply to You.
- By using our Services, you release MOSS from liability, obligations, claims, demands and/or damages of any kind and nature, arising out of or in connection with disputes between You and other users of our Services.
Processing of Personal Data
- The provision of our Services involves the processing of personal data, from the collection of email addresses, IP (Internet Protocol) addresses, full name, CPF number, date of birth and cell phone and is carried out in full compliance with the provisions of Law No. 13.709/18, as amended – General Personal Data Protection Law (“LGPD”).
- Your personal data may be collected from the moment you fill in forms, sign contracts with us, use and interact with our products, businesses, both online and offline, and/or automatically, through cookies or similar technologies related to our platform.
- In the case of user registration made online, if you are under 18 years of age or younger, you must seek the consent of your legal guardian before starting your registration and, upon registration, declare that you fit into this condition and that you have obtained the consent of your legal guardian. If you do not obtain the consent of your legal guardian, you should not register. If MOSS identifies any inconsistency or fraud in the declaration of authorization by the legal guardian, the registration may be canceled and deleted.
- The purpose of using personal data is to allow the purchase of MCO2 Tokens, from the first contact between You and MOSS until the actual payment; process such purchases; include You in our mailing list; direct a better service to You; respond to your requests and answer your questions and complaints, in addition to protecting the rights of MOSS; keep your registration up to date; verify the existence of credit restrictions; deliver advertising in the digital environment in a personalized way or not; target content and advertising, according to your profile and preferences, directly or indirectly; answer your questions and interact with you.
- All information or personal data provided by you to MOSS is stored on servers or high security magnetic media, under the protection of secrecy and confidentiality. In addition, personal data are stored for as long as is necessary to fulfill the purposes for which they were collected, unless there is any other reason for its maintenance, such as compliance with any legal, regulatory, contractual obligations, among others, provided that they are based on a legal basis provided for in the LGPD.
- In order for us to provide our services, you agree that we may process, transfer and store information about you in the United States and/or in other countries.
- The sharing of personal data will always occur with third-party partners of MOSS to achieve the desired legitimate purpose, given that MOSS will inform them of the confidentiality and security obligations with which they must treat said personal data, as well as take reasonable measures necessary for such obligations to be fulfilled. In addition, MOSS may transfer your personal data to service providers located abroad, including cloud service providers.
- We can also count on the help of third parties to guarantee the security of information and protection of personal data, with the aim of minimizing possible risks for the holders themselves.
- We work to protect your privacy and your Personal Data, but unfortunately total security is something that doesn’t just depend on our actions and processes. Unauthorized entry or use of your Account by third parties and other factors may compromise the security of your personal data. Therefore, its performance is essential to maintain a safe environment for all. Therefore, MOSS will not be held liable for any damage that may have resulted from the breach of these measures by third parties who use public networks or the internet, subverting security systems to access user information.
- You can help your examples by adopting good security practices regarding your Account and data (such as not sharing your password with third parties), and if you indicate or become aware of something that compromises data security, for example, you please contact us.
- If a judge or an authority with legal competence requires MOSS to share certain personal data for, for example, an investigation, we will share it, unless we understand that there is misfeasance.
Dispute Resolution; compulsory arbitration
- Please read the following section carefully as it contains additional provisions applicable only to individuals located, residing, or domiciled in the United States. If You are located, resident or domiciled in the United States, this section requires You to arbitrate certain disputes and claims against MOSS and limits the manner in which You may seek assistance from us, unless You choose not to arbitrate by following the instructions set out below. No public, collective or representative action or arbitration is permitted under this arbitration provision. In addition, arbitration prevents You from bringing a lawsuit in court or from enjoying a jury trial.
- Arbitration will permit the disclosure or exchange of non-privileged information relevant to the Dispute. Everyone involved shall maintain the confidentiality of any arbitration proceedings, decisions, and awards, including information collected, prepared and presented for the purposes of the arbitration or related to the dispute(s) contained therein. The arbitrator shall have the authority to make appropriate decisions to protect confidentiality unless the law provides otherwise. The confidentiality duty does not apply: where disclosure is necessary to prepare or conduct the arbitration hearing on the merits, in courts where the application of an injunction is sought, in courts where the purpose of contesting an arbitral award or its enforcement or where disclosure is required by law or court decision.
- Any Dispute must be filed within one year after the relevant complaint arises; otherwise, the claim on the Dispute is permanently barred from proceeding, which means that You and MOSS will not have the right to bring the claim.
- You have the right to opt out of the compulsory arbitration within thirty (30) days from the date you accept the terms of this Section if you send written notice to MOSS at the above address. To be effective, the opt-out notice must include your full name and address and clearly state your intention by not participating in the compulsory arbitration. By choosing not to participate in compulsory arbitration, you are agreeing to resolve the Disputes in accordance with the appropriate legal procedure.
Law and Forum
Change and Termination of Services
- As part of the continuous improvement of our Services, we sometimes add or remove features and functionality, increase, or decrease limits for our Services, and start offering new Services or stop offering old ones. You also have the right to stop using our Services at any time. If we stop providing all or part of the Services, we will seek to communicate this in advance.
Updated version on May 3, 2022.