REDGREENTREE Inc.

TERMS OF USE

REDGREENTREE INC. (“REDGREENTREE INC” “WE” “US”) OWNS AND OPERATES THE WEBSITE LOCATED AT www.redgreentree.com (“WEBSITE”) AND THE REDGREENTREE APPLICATION, WHICH IS ANDROID COMPATIBLE (“REDGREENTREE APP” OR “APP”). THESE TERMS OF USE APPLY TO ALL USERS OF THE WEBSITE, INCLUDING USERS WHO UPLOAD ANY MATERIALS TO THE WEBSITE, USERS WHO USE SERVICES PROVIDED THROUGH THIS WEBSITE, USERS WHO DOWNLOAD THE REDGREENTREE APP AND USERS WHO SIMPLY VIEW THE CONTENT ON OR AVAILABLE THROUGH THIS WEBSITE (“USERS” “YOU”).

BY USING THIS WEBSITE AND/OR REDGREENTREE APP YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS OF USE. IF YOU ARE A PARENT OR A LEGAL GUARDIAN OF A CHILD, YOU HEREBY SIGNIFY YOUR ACCEPTANCE OF THESE TERMS OF USE AND THE REDGREENTREE PRIVACY POLICY ON YOUR OWN BEHALF AND ON BEHALF OF EACH MINOR THAT YOU REGISTER TO USE THE SERVICES.

IF YOU DO NOT ACCEPT THESE TERMS OF USE, THEN DO NOT USE REDGREENTREE APP OR THIS WEBSITE OR ANY OF ITS CONTENT OR SERVICES. THESE TERMS OF USE MAY BE AMENDED OR UPDATED BY REDGREENTREE FROM TIME TO TIME WITHOUT NOTICE AND THE TERMS OF USE MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEBSITE. IT IS YOUR RESPONSIBILITY TO REVIEW THESE TERMS OF USE FOR ANY CHANGES. YOUR USE AFTER ANY AMENDMENTS OR UPDATES OF THESE TERMS OF USE SHALL SIGNIFY YOUR ASSENT TO AND ACCEPTANCE OF SUCH REVISED TERMS. ANY NEW FEATURES THAT MAY BE ADDED TO THIS WEBSITE FROM TIME TO TIME WILL BE SUBJECT TO THESE TERMS OF USE, UNLESS STATED OTHERWISE. YOU SHOULD VISIT THIS PAGE PERIODICALLY TO REVIEW THESE TERMS OF USE.

IN ORDER TO USE THE SERVICE YOU MUST CREATE AN ACCOUNT AND PROVIDE CERTAIN PERSONAL INFORMATION ABOUT BOTH YOU AND YOUR CHILD. ALL PERSONAL INFORMATION THAT YOU PROVIDE WILL BE TREATED IN ACCORDANCE WITH THE TERMS OF OUR PRIVACY POLICY, THE TERMS OF WHICH ARE HEREBY INCORPORATED BY REFERENCE INTO THIS AGREEMENT.

  1. The Service. The REDGREENTREE App enables parents and legal guardians of minors to create an account on the Website, input certain information about their child, including name and email address and install the REDGREENTREE App on their child’s phone. Once the REDGREENTREE App is installed on the child’s phone, parents will be able to create a schedule through the Website that will interact with the App and in order to block their child’s access to certain third party applications installed on child’s smartphone for set time intervals determined by the parents. For example, parents may block their child’s access to social networking sites and apps or instant messaging apps during school hours or while the child is doing homework. Only the parent(s) or legal guardian(s) holding the account will be able to install or delete the REDGREENTREE App and set the blocking schedule on their child’s phone. Parents/guardians will be able to see via the web portal on the Website which third party applications are blocked at any given time, and will also be able to see if there is an interruption in the connection between the App and the Website, for example, if App is uninstalled (the “Services”). Note that the REDGREENTREE App cannot and does not block telephone service, so the child will still be able to make and receive calls from their smartphone, including emergency calls, during any and all blocked out periods in their schedule.

  1. Registration. In order to use the Services, You must by over the age of eighteen (18), be a Canadian, United States, or United Kingdom resident and must be the parent or legal guardian of the minor(s) who You are registering for the Services. You must also register for an account. In order to register for an account, You must provide us with Your email address and create a password. Once You provide us with Your email address, we will send You a verification email to activate Your account. Once Your account is activated, You will receive a PIN number, which You can use if You wish to uninstall the App from Your child’s mobile device. You must provide your payment information, and can also provide a profile picture, Your name and Your birthday. You are responsible for all activity that occurs on Your account, so please choose a strong password and do not share it with any one. We will not be responsible or liable for any account activity, including unauthorized third party activity. If You learn or suspect that Your account has been compromised, please notify us immediately by contacting use at feedback@redgreentree.com.

  1. From time to time we may offer users the opportunity to participate in a free trial of the Services. Trials will last for fourteen (14) days (the “Trial”). When you register for a trial period, you will be required to provide your payment information. You will not be charged during the Trial, however upon termination of the Trial, if you do not cancel your account, we will automatically put you on a month-to-month account, and charge your credit card the monthly fees, as described in Section 11, below.

  1. Installing the App. Once You have registered for an account, You can create a list of the minors who will be using the Service. You will be required to provide the name and email address for each minor user. We will send an email to the minor’s email address or the email address of a parent or guardian with a link that will redirect to the Google Play store where You can download and install the App.

  1. Creating a Schedule; Blocking third party applications: Once the App is installed, You will be required to change the settings on Your child’s mobile device so that You are the device administrator. The App will then take an inventory of all the third party mobile applications installed on the mobile device. These third party applications will appear in the web portal and will be categorized according to their type, such as “Education”, or “Social Networking/Social Media”. You can either block whole categories of third party applications or individual third party applications when You are creating the customized usage schedule for Your child. Once the schedule has been set, You will be able to see which third party applications are blocked at what times, and You will also be able to see if there has been an interruption to the service (for example if the App is uninstalled).

  1. Uninstalling the App. Once installed, the App can only be uninstalled by entering the PIN number that we provide to You when You register for the Services. Accordingly, Your child will not be able to uninstall the App unless they have the PIN number.

  1. Content. All information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted to the Website by viewers or users whether in forums or otherwise (“User Content”), is the sole responsibility of such viewers or users. This means that the viewer or user, and not REDGREENTREE, are entirely responsible for all such material uploaded, posted, emailed, transmitted or otherwise made available by using the Service. REDGREENTREE does not control or actively monitor User Content and, as such, does not guarantee the accuracy, integrity or quality of such content. Under no circumstances will REDGREENTREE be liable in any way for any materials, including, but not limited to, for any errors or omissions in any materials, scheduling errors, or for any loss or damage of any kind incurred as a result of the viewing or use of any materials posted, emailed, transmitted or otherwise made available via the Service.

  1. Restrictions on User Content and Use of the Service. REDGREENTREE reserves the right at all times (but will have no obligation) to remove or refuse to distribute any User Content and to suspend or terminate users or reclaim usernames if You or any minor using the service breaches any of the terms of these Terms of Use, including the restrictions set forth in this Section 7. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Use, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of our users and the public.

In using the Website, REDGREENTREE App and/or Service You shall not:

a. copy any content unless expressly permitted to do so herein;

b. upload, post, email, transmit or otherwise make available any material that:

  1. You do not have a right to make available under any law or under a contractual relationship;

  2. is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially or ethnically objectionable, encourages criminal behavior, gives rise to civil liability, violates any law, or is otherwise objectionable;

  3. infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party (including privacy rights);

  4. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or data or the Website or that of any users or viewers of the Website or that compromises a user’s privacy; or

  5. contains any falsehoods or misrepresentations or create an impression that You know is incorrect, misleading, or deceptive, or any material that could damage or harm minors in any way;

c. impersonate any person or entity or misrepresent their affiliation with a person or entity;

d. interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;

e. intentionally or unintentionally violate any applicable local, state, national or international law or regulation;

f, license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website or REDGREENTREE App;

g. modify, translate, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the REDGREENTREE App or any software provided as part of the Website, except to the extent the foregoing restrictions are expressly prohibited by applicable law; or

h. register for the Service on behalf of a group or corporate entity.

You also agree not to access the Website in a manner that utilizes the resources of the Website more heavily than would be the case for an individual person using a conventional web browser. Notwithstanding the foregoing, operators of public search engines may use spiders or other bots for the purpose of creating publicly available searchable indices of the materials on this Website.

  1. License of Content. By submitting, posting or displaying User Content on or through the Service, You grant us (and our agents) a non-exclusive, royalty-free license (with the right to sublicense) to use, copy, modify, transmit, display and distribute such User Content. REDGREENTREE will not be responsible or liable for any use of User Content in accordance with these Terms. You represent and warrant that You have all the rights, power and authority necessary to grant the rights granted herein to any User Content that You submit.

  1. End User License. Except for User Content, the REDGREENTREE App, this Website, and the information and materials that it contains, are the property of REDGREENTREE and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, and other intellectual property laws. Subject to the terms of this Agreement, REDGREENTREE grants You a non-transferable, non-exclusive, license to (a) use the Website for Your use, and (b) download, install and use one copy of the Application on a mobile device that You own or control for Your use (the “License”). The REDGREENTREE App is licensed to You and not sold. Nothing in the Terms gives You a right to use the REDGREENTREE names, trademarks, logos, domain names, and other distinctive brand features without our prior written consent. You shall not attempt to override or circumvent any of the usage rules or restrictions on the Website. Any future release, update, or other addition to functionality of the Website or REDGREENTREE App shall be subject to the terms of these Terms.

  1. Subscription Fees; Payments. In order to use the service, you will also be required to purchase a subscription. Subscriptions can be purchased on a month-to-month or semi-annual basis, or annually. The prices for the subscriptions vary, and can be found on the Pricing Page of the Website, located at: redgreentree.com/#_price. All fees are payable by in full in advance by valid credit card. Payment information is submitted to our merchant account payment gateway, provided and hosted by Stripe. The first payment will be due immediately upon termination of the Trial, and after that, we will automatically charge your credit card at the start of each new monthly, semi-annual or annual term (as applicable). Your account subscription will automatically renew at the end of each monthly, semi-annual or annual term (as applicable) unless and until it is canceled by You.

  1. Cancellations; Refunds. It is not the REDGREENTREE policy to provide refunds. Accordingly, if you cancel your plan at any point partway through any then current term, you account will remain active until the end of the term, and thereafter shall terminate. We do not refund pre-paid subscription fees.

  1. Feedback. If You provide REDGREENTREE with any suggestions, comments or other feedback relating to any aspect of the Website, REDGREENTREE App and/or Service (“Feedback“), REDGREENTREE may use such Feedback in the Website or in any other REDGREENTREE products or services (collectively, “REDGREENTREE Offerings“). Accordingly, You agree that: (a) REDGREENTREE is not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information of You or any third party and You have all of the necessary rights to disclose the Feedback to REDGREENTREE, (c) REDGREENTREE (including all of its successors and assigns and any successors and assigns of any of the REDGREENTREE Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any REDGREENTREE Offerings, and (d) You are not entitled to receive any compensation or reimbursement of any kind from REDGREENTREE or any of the other users of the Website in respect of the Feedback.

  1. Advertising. You acknowledge and agree that the Website and/or App may contain advertisements. If You elect to have any business dealings with anyone whose products or services may be advertised on the Website, You acknowledge and agree that such dealings are solely between You and such advertiser and You further acknowledge and agree that REDGREENTREE shall not have any responsibility or liability for any losses or damages that You may incur as a result of any such dealings.

  1. You shall be responsible for obtaining access to the Website and acknowledge that such access may involve third-party fees (such as Internet service provider access or data fees). You shall be solely responsible for any such fees and also for obtaining any equipment that is required to access the Website. In order to use the Services, your child or children will each require a smartphone and/or a tablet and a data plan. You are solely responsible for providing your child/children with such a device and plan, and for all fees associated with a smartphone and data plan. It is Your responsibility to ascertain whether any information or materials downloaded from the Website are free of viruses, worms, Trojan Horses, or other items of a potentially destructive nature.

  1. Links & Third-Party Websites. This Website/App (including User Content) may contain links to other websites that are not owned or controlled by REDGREENTREE. In no event shall any reference to any third party, third party product or service be construed as an approval or endorsement by REDGREENTREE of that third party, third party product or service. REDGREENTREE is also not responsible for the content of any linked websites. Any third-party websites or services accessed from the Website are subject to the terms and conditions of those websites and or services and You are responsible for determining those terms and conditions and complying with them. The presence on the Website of a link to any other website(s) does not imply that REDGREENTREE endorses or accepts any responsibility for the content or use of such websites, and You hereby release REDGREENTREE from all liability and/damages that may arise from Your use of such websites or receipt of services from any such websites.

  1. DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS. THE WEBSITE, SERVICE, REDGREENTREE APP AND ALL MATERIALS PROVIDED THEREIN ARE PROVIDED “AS IS.” REDGREENTREE SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL. REDGREENTREE DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE WEBSITE OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE, AND REDGREENTREE SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY. REDGREENTREE WILL NOT BE LIABLE FOR ANY TYPE OF CONTENT EXCHANGED BY MEANS OF THE SERVICE.

  1. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL REDGREENTREE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE THIS WEBSITE, REDGREENTREE APP OR THE SERVICE, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE WEBSITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE, ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE WEBSITE OR REDGREENTREE APP, OR (V) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE WEBSITE OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE. WE ARE ALSO NOT RESPONSIBLE IN ANY WAY WHATSOEVER FOR ANY FAILURE OF THE SERVICE OR SERVICE INTERRUPTION IF YOUR CHILD UNINSTALLS THE APP, EITHER USING THE PIN CODE OR OTHERWISE. THESE LIMITATIONS SHALL APPLY EVEN IF REDGREENTREE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, REDGREENTREE’S TOTAL AGGREGATE LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO DIRECT DAMAGES AND SHALL NOT EXCEED THE GREATER OF (A) FIFTY UNITED STATES DOLLARS ($50 USD) OR (B) AMOUNTS YOU’VE PAID REDGREENTREE IN THE PRIOR 12 MONTHS (IF ANY). THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

  1. INDEMNIFICATION. YOU SHALL INDEMNIFY AND HOLD REDGREENTREE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES, HARMLESS FROM ALL CLAIMS, ACTIONS, PROCEEDINGS, DEMANDS, DAMAGES, LOSSES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES), INCURRED IN CONNECTION WITH ANY MATERIALS SUBMITTED, POSTED, TRANSMITTED OR MADE AVAILABLE BY YOU THROUGH THE SERVICE AND/OR ANY VIOLATION BY YOU OF THESE TERMS OF USE.

  1. Termination. REDGREENTREE may, under certain circumstances and without prior notice, immediately terminate or suspend Your ability to access the Website or portions thereof. Cause for such termination shall include, but not be limited to, (a) breaches or violations of these Terms of Use or any other agreement that You may have with REDGREENTREE (including, without limitation, non-payment of any fees owed in connection with the website or otherwise owed by You to REDGREENTREE), (b) requests by law enforcement or other government agencies, (c) discontinuance or material modification to the website (or any part thereof), (d) unexpected technical, security or legal issues or problems, and/or (e) participation by You, directly or indirectly, in fraudulent or illegal activities. Termination of Your access to the Website may also include removal of some or all of the materials uploaded by You to the Website. You acknowledge and agree that all terminations may be made by REDGREENTREE in its sole discretion and that REDGREENTREE shall not be liable to You or any third-party for any termination of Your access to this Website or for the removal of any of the materials uploaded by You to the Website. Any termination of these terms of use by REDGREENTREE shall be in addition to any and all other rights and remedies that REDGREENTREE may have.

  1. Availability & Updates. REDGREENTREE may alter, suspend, or discontinue this Website at any time and for any reason or no reason, without notice. The Website, Service and/or REDGREENTREE App may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. REDGREENTREE may periodically add or update the information and materials on this Website without notice.

  1. Security. Information sent or received over the Internet is generally unsecure and REDGREENTREE cannot and does not make any representation or warranty concerning security of any communication to or from the Website or any representation or warranty regarding the interception by third parties of personal or other information. You are responsible for safeguarding the password that You use to access the Service and You are responsible for any activities or actions under Your password. You agree to keep Your password secure. REDGREENTREE will not be liable for any loss or damage arising from Your failure to comply with these requirements.

  1. Promotions and Donations. REDGREENTREE reserves the right to alter or deny all attributes associated with promotional and or donation activites including but not limited to promotional offers, promotional amounts, donation benefeciaries and donation amounts. Percentage of subscription donations is based on subscription revenue form yearly and semi-annual enrollmets, net of operating expenses.

  1. General. These Terms of Use, together with any privacy policy that may be published on the Website, constitutes the entire agreement between the parties relating to the Website and Service and all related activities. These terms of use shall not be modified except in writing signed by both parties or by a new posting of these terms of use issued by REDGREENTREE. If any part of these Terms of Use is held to be unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions. The failure of REDGREENTREE to exercise or enforce any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Any waiver of any right or provision by REDGREENTREE must be in writing and shall only apply to the specific instance identified in such writing. You may not assign the terms of use, or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without REDGREENTREE’s prior written consent.

If You have any questions about these Terms or if You wish to make any complaint or claim with respect to the REDGREENTREE App or Service, please contact us at: feedback@redgreentree.com

Effective Date: December 9, 2016