Grass

Terms & Conditions

Grass Foundation - Terms and Conditions

Last Modified: August 29th, 2024

1. Overview

Grass Foundation™ (“Grass Foundation”, “we”, “us”, or “our”) operates the website www.grassfoundation.io (the “Website”) and provides the communications and services available through Website (the “Services”).

These Terms and Conditions (these “Terms”) govern your access to and use of the Website and Services. These Terms incorporate our Privacy Policy by reference, which can be accessed at https://www.grassfoundation.io/privacy-policy.Please read these Terms carefully. They constitute a legal agreement between you and Grass Foundation. By accessing or using the Website or Services, you confirm your agreement to accept and be bound by these Terms, as these Terms may be amended from time to time, in relation to your entire relationship with Grass Foundation regarding your access to and use of the Website and Services.

If the individual who accepts these Terms does not have the authority, or does not agree with and accept to be bound by these Terms, that individual must not accept these Terms and may not access or use the Website or Services.

2. Restricted Persons; Minors

The Website and Services may not be accessed or used by (a) any person or entity that (i) resides in, is located, is incorporated, or has an office in any jurisdiction that is subject to any economic or financial sanctions; (ii) any person who resides in any jurisdiction where your access to or use of the Website or Services is illegal or not permitted by applicable law; or (iii) any person or entity that is the subject of any economic or financial sanction (each, a “Restricted Person”); or (b) any individual who is under the age of majority in their jurisdiction of residence (each, a “Minor”). If you are a Restricted Person or a Minor you are not permitted to access, use, or download the Website or Services. Use of a virtual private network to circumvent the restrictions set out in these Terms is strictly prohibited.

3. Access to the Website and Services;

To access or use the Website or Services, you must accept these Terms. Subject to the terms and conditions of these Terms. Your right to access, use, and download the Website or Services is personal and non- exclusive, may not be transferred or licensed to any other person or entity, and may be revoked by Grass Foundation at any time, in accordance with these Terms.

4. Grass Foundation Property; Trademarks; Feedback

You acknowledge and agree that all right, title, and interest in and to the Website and Services, and all works, designs, content, data, information, features, functionality, software, code, documentation, and other materials that form part of the Website and Services (collectively, the “Grass Foundation Property”) are the sole and exclusive property of Grass Foundation, its affiliates, and their respective licensors. Neither these Terms nor your use of the Grass Foundation Property convey or will convey to you any right, title, or interest in or in relation to the Grass Foundation Property, except for the limited right to access and use the Website and Services that is granted to you expressly in these Terms. All rights in and to the Grass Foundation Property, and the intellectual property in and related to them are expressly reserved by their owner(s).You may not use, reproduce, or otherwise exploit the Grass Foundation Property for any purpose, whether commercial or non-commercial, that is not expressly authorized by these Terms without the prior written permission of Grass Foundation.

The trademarks of Grass Foundation and all related logos, designs, and slogans are trademarks that are owned by Grass Foundation and its licensors (the “Grass Foundation Trademarks”). You may not use or display the Grass Foundation Trademarks without the prior written permission of Grass Foundation. All goodwill arising in connection with the use or display of the Grass Foundation Trademarks will accrue to Grass Foundation and its licensors. All rights in and to the Grass Foundation Trademarks are expressly reserved.

You grant to Grass Foundation, its affiliates, and their respective licensees, successors, and assigns, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully paid up, transferable, and sublicensable right and license to use and incorporate into the Grass Foundation Property any suggestion, enhancement, request, recommendation, correction, or other feedback provided by you relating to the Grass Foundation Property or the business, products, or services of Grass Foundation or its affiliates.

5. Code of Conduct; Restrictions

You agree that you will comply with these Terms and all applicable laws that apply to you in connection with your access to and use of the Website or Services.

You agree that you will not:

5.1

provide, disclose, divulge or make available to, or permit use of the Grass Foundation Property by, any third party;

5.2

rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available any Grass Foundation Property to any third party, including on or in connection with the Internet or any time-sharing, service bureau, software as a service, cloud, or other technology or service;

5.3

copy, modify, or create derivative works or improvements of or based on the Grass Foundation Property;

5.4

interfere, or attempt to interfere, with the Grass Foundation Property in any way, including to reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to the source code of the Grass Foundation Property, in whole or in part;

5.5

circumvent, or attempt to circumvent, any geographical restrictions, privacy measures, or other access controls, including the use of VPNs for such purposes;

5.6

facilitate, incite, or engage in the unethical manipulation or misuse of data or information in a manner that violates applicable law or undermines the access to, use, or operation of the Grass Foundation Property;

5.7

engage in spamming, mailbombing, spoofing or any other fraudulent, illegal or unauthorized use of the Grass Foundation Property;

5.8

engage in any activity that impedes or restricts any other user’s access, use, or enjoyment of the Grass Foundation Property or which may cause harm to such user;

5.9

remove, obscure, or alter any copyright notice, trademarks or other proprietary rights notices affixed to or contained within the Grass Foundation Property;

5.10

engage in or allow any action involving the Grass Foundation Property that is inconsistent with the terms and conditions of these Terms;

5.11

impersonate any user or other person or entity or otherwise engage is any fraudulent or intentionally misleading activities in connection with your access or use of the Grass Foundation Property;

5.12

bypass or breach any security device, or protection used by or in connection with the Grass Foundation Property, including in connection with the access or use of the Grass Foundation Property;

5.13

input, upload, transmit, or otherwise provide to or through the Grass Foundation Property any information or materials that are unlawful or injurious, or contain, transmit, or activate any software or other technology, including any virus, trojan horse, worm, backdoor, malware, or other malicious computer code, the purpose or effect of which is to: (a) permit unauthorized access to, or to destroy, disrupt, disable, distort, or otherwise harm or impede in any manner any: (i) computer, software, firmware, hardware, system or network; or (ii) application or function of any of the foregoing or the security, integrity, confidentiality, or use of any data; or (b) prevent you or any other authorized user from accessing or using the Website or Services as intended (“Harmful Code”);

5.14

damage, destroy, disrupt, disable, impair, interfere with, or otherwise impede or harm in any manner Grass Foundation, its affiliates, or the Grass Foundation Property, including our provision of any data, products, or services to any third party, in whole or in part;

5.15

access or use the Grass Foundation Property in any manner or for any purpose that (i) infringes, misappropriates, or otherwise violates the intellectual property or other rights of the Grass Foundation or any third party; or (ii) violates any applicable law;

5.16

access or use the Grass Foundation Property for purposes of competitive analysis of the Grass Foundation Property, the development, provision or use of a competing software service or product, or any other purpose that is to the Grass Foundation’s detriment or commercial disadvantage; or

5.17

otherwise access or use the Grass Foundation Property beyond the scope of the authorizations granted under this Agreement.

Engaging in prohibited conduct constitutes a breach of these Terms and may subject you to civil liability or criminal prosecution under applicable laws. Grass Foundation reserves the right to investigate and/or terminate your account, without a refund of any purchases or settlement of any outstanding accounts, if you have violated these Terms, misused any Grass Foundation Property or have acted in a manner that Grass Foundation considers as inappropriate or unlawful.

6. Availability; Downtime; Updates

While we endeavour to keep downtime to a minimum, we cannot promise that the Website or Services or their availability will be uninterrupted, secure, or error-free. We reserve the right to interrupt or suspend access to the Website, Services, or any other Grass Foundation Property, or any part thereof, with or without prior notice for any reason and you will not be entitled to any refund of fees or other compensation for any such interruption or suspension.

You are solely responsible, at your own expense, for obtaining and maintaining all Internet access, computer hardware, and other equipment and services needed to access and use the Grass Foundation Property.

Grass Foundation updates the content associated with the Website and Services periodically. However, Grass Foundation does not guarantee or accept any responsibility or liability for the accuracy, currency, or completeness of such content. Grass Foundation may revise, supplement or delete any information, content, features, functionality, services, or resources contained on the Website and Services and reserves the right to make such changes without prior notification to past, current, or prospective users, including you.

7. Disclaimers

The disclaimers set out in this Section 7 will not limit or exclude any warranties that cannot be excluded or limited excluded under applicable law.

7.1

General Disclaimer

Grass Foundation does not make any representation or warranty of any kind, whether express or implied, statutory or otherwise, and Grass Foundation specifically disclaims all implied warranties, including any implied warranty of merchantability, fitness for a particular purpose, title, or non-infringement, to the maximum extent permitted by applicable law. All Grass Foundation Property, including the Website and Services are provided as-is and as available, exclusive of any warranty whatsoever, including with respect to completeness, security, quality, reliability, or availability. For clarity, and without limiting the generality of the foregoing, Grass Foundation make no warranty of any kind that the Grass Foundation Property, including the Website and Services, or any other products, services, opportunities, communications, or the results of the receipt of use thereof, will meet your or any other person’s requirements, operate without interruption, achieve any intended result, be compatible or work with any software, system, device, or other services, or be timely, secure, accurate, complete, free of Harmful Code, or error-free. You are responsible for implementing adequate measures to protect the security and integrity of your activities on the Internet, including by installing anti-virus protection and maintaining external backups to recover any lost data or information.

7.2

Disclaimer re: Professional Advice

No advice or information provided or through the Website, Services, or any other Grass Foundation Property is intended to be investment, financial, legal, tax, or other professional advice. Grass Foundation and its affiliates do not provide investment, financial, legal, tax, or other professional advice and recommend that all users of the Website or Services obtain any investment, financial, legal, tax, or other professional advice that such user deems necessary in connection with their access to, use, or download of the Website and Services.

7.3

Disclaimer re: Harmful Code

Grass Foundation is not responsible or liable for any software that may infect or otherwise affect the use of your computer equipment or other property on account of your access to or use of the Website or Services or your downloading or otherwise acquiring any content or other information from or through the Website or Services.

7.4

Disclaimer re: Digital Wallets

If you provide information relating to your digital wallet on through, or in connection with the Website or Services or any linked or related website that permits the payment, acquisition, or transfer of any type of currency or other assets, you understand and agree that you are solely responsible and liable for maintaining the security of your digital wallet and your control over your passwords, private keys, seed phrases, or other credentials relating to the access and use of your digital wallet. We are not responsible or liable for managing or maintaining the security of your digital wallet or for any unauthorized access to or use of your digital wallet, including but not limited to any loss of any assets or currency in such digital wallet. You acknowledge and agree that you understand that unauthorized access to your digital wallet by third parties could result in the loss or theft of the contents of your wallet and that we have no responsibility or liability for storing, retaining, securing, or recovering your digital wallet, access to your digital wallet, or the contents of your digital wallet, including any passwords, private keys, seed phrases, or other credentials. By providing or using any digital wallet in connection with the Website or Services or any linked or related website, you agree that you are using the digital wallet under the terms and conditions of the applicable provider of the digital wallet. No digital wallet is created, operated, or maintained by Grass Foundation or affiliated with Grass Foundation. As a result, Grass Foundation does not have custody or control over the contents of your digital wallet and have no ability to retrieve or transfer its contents. Your relationship with any digital wallet provider is governed by the applicable terms and conditions of that wallet provider, not these Terms.

7.5

Disclaimer re Blockchain Technologies

The Website and Services may also reference or provide links to applications or applications related to smart contracts, protocols, and other blockchain technologies (collectively, “Blockchain Technologies”). The Blockchain Technologies are not part of the Website or Services, and your access to and use of any Blockchain Technologies is entirely at your own risk. In addition, any third party technologies required to be accessed or used in order to interact with the Blockchain Technologies, including any digital wallet, are not part of the Website or Services and your access to and use of such third party technologies are at your own risk.

8. Assumption of Risk; Responsibilities

All users are responsible for their (a) access and use the Website or Services and use of any other Grass Foundation Property; and (b) access, use, and interaction with any third party services, products, or technologies, including your compliance with all applicable laws in connection with the foregoing. You access to and use of the Website and Services, and use of any other Grass Foundation Property is purely voluntary, and you freely accept all risks and liabilities associated with the foregoing.

9. Investigations; Enforcement

You acknowledge and agree that we reserve the right to:

  • take any necessary legal action, including but not limited to, referral to law enforcement, for any illegal or unauthorized use of the Website, Services, or any other Grass Foundation Property; and
  • cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone using the Website, Services, or any other Grass Foundation Property.
You waive and release Grass Foundation and its affiliates from and against any and all claims resulting from any action taken by Grass Foundation or its affiliates during, or as a consequence of, investigations by any governmental authority.

10. Limitation of Liability

The limitations of liability in this Section 10 do not affect any liability that cannot be excluded or limited under applicable law.

10.1

Exclusion of Damages
In no event will Grass Foundation or its affiliates be liable for any indirect, special, incidental, exemplary, punitive, or consequential damages (including, loss of profits, use, data, or other economic advantage) arising under, in connection with, or related to (a) these Terms; (b) the operation or provision of the Website, Services, or any other Grass Foundation Property; or (c) your access to or use of the Website, Services, or any other Grass Foundation Property, howsoever arising, either of a breach of these Terms (including breach of warranty), negligence, strict liability, tort, or any other theory of liability, even if Grass Foundation or its affiliates have been previously advised of the possibility of such damage.

10.2

Limitation on Quantum of Liability for Direct Damages
The total aggregate liability of the Grass Foundation and its affiliates for direct damages arising under, in connection with, or related to (a) these Terms; (b) the operation or provision of the Website, Services, or any other Grass Foundation Property; or (c) your access to or use of the Website, Services, or any other Grass Foundation Property, will be limited to $10.

11. Indemnification

You agree to indemnify, defend, and hold harmless Grass Foundation, its affiliates, and their respective directors, officers, shareholders, employees, staff, representatives, agents, licensors, licensees, successors, and assigns (the “Grass Foundation Indemnified Parties”) from and against any and all claims, demands, damages, judgments, penalties, fines, costs, and expenses, including legal fees, and disbursements, incurred by the Grass Foundation Indemnified Parties (or any of them), relating to, arising from, or in connection with a third party claim, demand, action, or proceeding arising out of (a) an allegation that your unauthorized use of any of the Grass Foundation Property infringes, misappropriates, or otherwise violates any third party’s rights or is otherwise unlawful; (b) your breach of these Terms, including, any representation, warranty, covenant, or obligation in these Terms; (c) your negligence, fraud, or willful misconduct; (d) your use of the Grass Foundation Property in a manner that is not authorized by these Terms; (e) your use of the Grass Foundation Property in combination with data, software, hardware, equipment or technology not provided by Grass Foundation or authorized by Grass Foundation in writing; or (f) any modifications made by you to any Grass Foundation Property that have not been authorized by Grass Foundation in writing.

12. Suspension; Termination

Grass Foundation may, at any time and from time to time, without notice, suspend or terminate your access or right to access or use the Website or Services or to otherwise access or use any Grass Foundation Property, if Grass Foundation determines, in its sole discretion, that you have violated or otherwise breached these Terms.

A suspension may be for such period of time as Grass Foundation considers necessary to permit the thorough investigation of the conduct at issue. You agree that, upon the suspension or termination of your access to or use of the Website or Services, you will immediately cease and desist from all access to and use of the Website or Services, and access to or use of the Grass Foundation Property, including in accordance with the written directions of Grass Foundation.

13. Linked Resources

Grass Foundation may provide links to third party websites, webpages, social channels, and other online resources for your convenience only, including links to third party websites for the purpose of connecting you with third parties in connection with your use of the Website or Services. Grass Foundation is not responsible for those websites and the inclusion of these links does not imply that Grass Foundation either monitors or endorses them. Please be aware that these third party websites, webpages, social channels, and other online resources are governed by separate terms and conditions and privacy policies. We encourage you to be aware when you click these links. Your use of these third party websites, webpages, social channels, and other online resources is at your own risk. Grass Foundation is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to have been caused by or in connection with the use of or reliance upon any information, content, goods, or services available on or through any third party websites, webpages, social channels, or other linked resources.

14. Changes to these Terms

You acknowledge and agree that we may make changes to these Terms from time to time, for any reason, in our sole and absolute discretion. The most recent version of these Terms will be posted at https://www.grassfoundation.io/terms-and-conditions .If the changes that we make include material changes that affect your rights and obligations, we will take reasonable steps to notify you of the changes in advance. Your continued use of the Grass Foundation Property after we post and/or notify you of any changes to the Terms means that you accept and agree to be bound by the Terms as amended.

15. Governing Law; Dispute Resolution

Subject to the below, in relation to any dispute, controversy, or claim arising out of, relating to or in connection with these Terms, including with respect to the formation, applicability, breach, failure to pay, termination, validity, or enforceability thereof (a “Dispute”), each party irrevocably submits to the exclusive jurisdiction of the courts of the British Virgin Islands and waives any objection to such Dispute being heard in such courts on the grounds of venue or on the grounds that the Dispute has been brought in an inconvenient forum.

Notwithstanding any other provision of these Terms, you agree that we have the right to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

These Terms (and any Dispute arising under or in connection with these Terms) shall be governed by and construed in accordance with, in all respects including as to its validity, interpretation and effect, the laws of the British Virgin Islands, without giving effect to its principles or rules of conflict of laws to the extent such principles or rules are not mandatorily applicable by statute and would permit or require the application of the laws of another jurisdiction.

16. Waiver of Class Actions and Arbitrations

Any Dispute is personal to you and us and you agree that no Dispute will be brought as a class action, class arbitration or any other type of representative proceeding.

17. Limitation on Time to Commence Disputes

To the extent permitted by applicable law, you acknowledge and agree that any Dispute that you may have arising out of or relating to (a) these Terms; (b) the operation or provision of the Website, Services, or any other Grass Foundation Property; or (c) your access to or use of the Website, Services, or any other Grass Foundation Property, must be commenced within one year after the date that is the earlier of: (i) the date you discovered the Dispute; or (ii) the day on which a reasonable person with the abilities in the circumstances of the person with the Dispute first ought to have known of the Dispute.

18. Entire Agreement

These Terms and to any separate written agreement between you and Grass Foundation, constitute the entire agreement between you and Grass Foundation with respect to the subject matter of these Terms. There are no representations, covenants, or other terms other than those set out under these Terms. These Terms supersede any previous discussions, understandings, or agreements, between the parties relating to the subject matter of these Terms.

19. No Waiver

No waiver of satisfaction of a condition or non-performance of an obligation under these Terms is effective unless it is in writing and signed by the party granting the waiver or that party’s authorized representative. Unless expressly granted in writing and signed by the party granting the waiver or that party’s authorized representative, no waiver will extend to any subsequent non-satisfaction of a condition or non-performance of an obligation under these Terms, whether or not of the same or similar nature to that which was waived. No waiver will affect the exercise of any other rights or remedies under these Terms. Any failure or delay in exercising any right or remedy will not constitute, or be deemed to constitute, a waiver of that right or remedy. No single or partial exercise of any right or remedy will affect further exercise of any right or remedy.

20. Severability

If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.

21. Assignment

You may not assign, transfer, sublicense, or convey these Terms, including any rights granted by Grass Foundation and obligations assumed by you, except with Grass Foundation’s prior written consent. We may assign, transfer, sublicense, or convey these Terms, and our rights and obligations under them, to any third party without notice to you.

22. Contact Information

If you have any questions, concerns or suggestions regarding the Website, Services, or these Terms, please contact us at privacy@grassfoundation.io.