These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your") and Trees N Clouds Technologies, Inc. ("Trees N Clouds," "we," "our," or "us"). These Terms govern your use of the Trees N Clouds Services, including any platform, website, or application operated by us, which facilitates the exchange, financing, and trading of factored debt and related financial instruments ("Services").
By registering for an account with Trees N Clouds, accessing the platform, or using the Services, you acknowledge that you have read, understood, and accepted these Terms and any other related agreements referenced herein. If you do not accept these Terms in their entirety, you may not access or use the platform or Services
1. Introduction
1.1 About Us
Trees N Clouds provides a platform enabling users to access financial instruments tied to factored products, primarily in high-risk, short-term markets. These Services include debt factoring, financing, and related transactional operations.
1.2 Agreement
These Terms form the entire agreement between you and Trees N Clouds regarding your use of the Services. You must read them carefully and ensure you understand them before using our platform.
1.3 Additional Documents
Your use of the platform is subject to the following additional documents, which are incorporated by reference:
- Privacy Policy: Explains how we collect, use, and protect your personal data.
- Fee Schedule: Details applicable fees and charges for using the Services.
- Risk Disclosure Statement: Highlights risks associated with participating in transactions involving factored debt.
2. Eligibility
To use the Services, you must meet the following criteria:
- Be at least 21 years old if registering as an individual.
- Have the legal capacity and authority to enter into binding agreements, whether as an individual or a representative of an organization.
- Comply with all applicable laws and regulations in your jurisdiction.
- Not be located in a jurisdiction where access to the Services is prohibited.
- Not have been previously suspended or removed from our platform for violations of these Terms.
We reserve the right to amend eligibility criteria at any time.
3. Risk Warning
Transactions on the Trees N Clouds platform involve high-risk, short-term factored loans. The value and collectability of factored products may fluctuate due to market conditions, borrower defaults, or other uncertainties. You acknowledge the following:
- There is a substantial risk of economic loss.
- You are solely responsible for evaluating the suitability of any transaction in light of your financial circumstances.
- Trees N Clouds does not provide investment, legal, or financial advice.
4. Registration and Account Requirements
4.1 Account Creation
To access the Services, you must create an account by providing accurate and complete information, including but not limited to:
- Identity verification details (e.g., government-issued identification).
- Contact information.
- Relevant financial or business information as requested.
4.2 Account Security
You are responsible for maintaining the confidentiality of your account credentials. You agree to:
- Use strong passwords.
- Notify us immediately of unauthorized account activity.
- Bear full responsibility for all activities occurring under your account.
5. Fees and Payments
5.1 Fee Structure
Trees N Clouds charges fees for transactions, platform use, and related Services. Fees are outlined in the Fee Schedule available on the platform.
5.2 Payment Authorization
By using the platform, you authorize us to deduct applicable fees from transaction proceeds or require payment directly.
5.3 Amendments
We reserve the right to amend fees upon notice. Your continued use of the platform after such notice constitutes acceptance of the updated fee structure.
6. Prohibited Activities
You agree not to use the platform for any unlawful, unethical, or unauthorized purposes, including but not limited to:
- Engaging in fraudulent or misleading activities.
- Attempting to manipulate transaction outcomes or system operations.
- Violating applicable laws or regulations.
Trees N Clouds reserves the right to suspend or terminate accounts engaging in prohibited activities.
7. Platform Operations
7.1 Availability
We strive to provide continuous access to the platform but do not guarantee uninterrupted or error-free operation. Scheduled maintenance or unforeseen technical issues may result in temporary disruptions.
7.2 Data Accuracy
While we endeavor to ensure accuracy, we cannot guarantee the reliability or completeness of information displayed on the platform. You are responsible for verifying all information before acting upon it.
8. Force Majeure
8.1 Definition
A "Force Majeure Event" refers to any event or circumstance beyond the reasonable control of Trees N Clouds that prevents, delays, or hinders the performance of our obligations under these Terms. Such events include but are not limited to:
- Acts of God, such as earthquakes, hurricanes, floods, or other natural disasters.
- Acts of government, including changes in laws, regulations, or policies.
- War, riots, civil unrest, or acts of terrorism.
- Labor strikes, lockouts, or industrial actions.
- Technical failures, including internet outages or disruptions to third-party systems.
8.2 Consequences
In the event of a Force Majeure Event:
- Trees N Clouds is relieved from performing obligations affected by the event for the duration of the disruption.
- We will take reasonable steps to mitigate the impact and resume Services as soon as feasible.
8.3 Limitation
Trees N Clouds will not be liable for any loss, damage, or delay arising from a Force Majeure Event.
9. Termination and Suspension
9.1 By Trees N Clouds
We may suspend or terminate your access to the Services at our discretion, including for:
- Breach of these Terms.
- Suspicious or unauthorized activity.
- Non-compliance with regulatory requirements.
9.2 By You
You may terminate your account by providing written notice to us. Termination does not relieve you of any outstanding obligations, including payment of fees.
10. Liability and Indemnification
10.1 Limitation of Liability
Trees N Clouds is not liable for:
- Suspicious or unauthorized activity.
- Technical failures, data inaccuracies, or service interruptions.
- Unauthorized access to your account caused by your negligence.
10.2 Indemnification
You agree to indemnify Trees N Clouds against any claims, losses, or damages resulting from your use of the platform or breach of these Terms.
11. Dispute Resolution
11.1 Governing Law
These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles.
11.2 Arbitration
All disputes shall be resolved through binding arbitration administered by the American Arbitration Association. Arbitration will take place in California, and proceedings will be conducted in English.
12. Intellectual Property
All intellectual property associated with the platform, including trademarks, copyrights, and proprietary algorithms, is owned by Trees N Clouds or its licensors. You may not reproduce, distribute, or modify any intellectual property without prior written consent.
13. General Provisions
13.1 Amendments
We may amend these Terms at any time upon notice. Continued use of the platform constitutes acceptance of such amendments.
13.2 Entire Agreement
These Terms represent the entire agreement between you and Trees N Clouds regarding the Services.
13.3 Survival
All provisions of these Terms that by their nature should survive termination shall remain in effect.