TERMS OF USE
PLEASE READ THESE TERMS OF USE CAREFULLY. THESE TERMS CONSTITUTE A
LEGALLY BINDING AGREEMENT BETWEEN YOU AND Earthivate LLC
("EARTHIVATE," "WE," "US," OR "OUR") REGARDING YOUR ACCESS TO AND
USE OF THE EARTHIVATE WEBSITE, PLATFORM, SERVICES, MEMBERSHIPS,
APPLICATIONS, FEATURES, CONTENT, AND RELATED SERVICES.
BY ACCESSING OR USING THE EARTHIVATE PLATFORM, CREATING AN ACCOUNT,
PURCHASING A MEMBERSHIP, OR OTHERWISE USING OUR SERVICES, YOU
ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND
BY THESE TERMS OF USE AND OUR PRIVACY POLICY.
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT REGISTER FOR OR USE THE
SERVICES.
1. ABOUT EARTHIVATE
Earthivate provides environmental membership programs, digital
services, educational information, impact-related features, and
other services designed to enable individuals to participate in
and support environmental initiatives.
Earthivate may support or facilitate environmental activities
directly or through third-party organizations, contractors,
projects, suppliers, service providers, nonprofit organizations,
or other partners.
Environmental activities may include, without limitation,
activities relating to tree planting, reforestation, restoration,
ocean and plastic cleanup, conservation, environmental protection,
sustainability, and other environmental initiatives selected by
Earthivate from time to time.
The specific programs, projects, benefits, features, partners,
environmental activities, and methods used by Earthivate may
change as the Platform and our environmental programs develop.
2. DEFINITIONS
For purposes of these Terms:
"Account" means a registered Earthivate user account.
"Customer" means an individual who purchases and maintains a paid
Earthivate environmental membership or other qualifying paid
service.
"Influencer" means an individual who separately enrolls in and is
accepted into the Earthivate Influencer Program.
"Membership" means an Earthivate environmental membership or
subscription.
"Platform" means Earthivate's websites, applications, dashboards,
software, digital services, features, communications, and related
technology.
"Services" means the products, memberships, programs, content,
technology, environmental initiatives, and other services made
available by Earthivate.
Participation as an Influencer is optional and is not required in
order to become or remain an Earthivate Customer.
Influencer participation is governed by a separate Earthivate
Influencer Program Agreement. If there is a conflict between these
Terms and the Influencer Program Agreement concerning participation
in that program, the Influencer Program Agreement will govern the
Influencer-related matter.
3. ELIGIBILITY AND AGE REQUIREMENTS
Earthivate's public-facing website may contain general information
that can be viewed without creating an Account.
You must be at least eighteen (18) years old and legally capable
of entering into a binding agreement to:
(a) create an Earthivate Account;
(b) purchase or manage a Membership;
(c) enroll in the Influencer Program;
(d) receive commissions, incentives, rewards, or payments;
(e) enter into any agreement with Earthivate; or
(f) use any service requiring contractual consent.
Earthivate does not knowingly permit individuals under eighteen
(18) to establish contractual Accounts or participate in financial
or Influencer-related programs.
The Services are not directed toward children under thirteen (13),
and Earthivate does not knowingly collect personal information
from children under thirteen.
If we learn that information has been collected from a child in
violation of applicable law, we may delete the information and
terminate or restrict the associated Account.
4. ACCOUNT REGISTRATION
Certain Services require registration.
You agree to provide accurate, current, and complete information
when creating or maintaining an Account and to update that
information when necessary.
You are responsible for maintaining the confidentiality and
security of your login credentials and for activity occurring
through your Account.
You may not:
(a) impersonate another person;
(b) create an Account using false or misleading information;
(c) access another person's Account without authorization;
(d) sell, transfer, or improperly share an Account;
(e) create Accounts for fraudulent or abusive purposes; or
(f) attempt to circumvent Earthivate's account, eligibility,
security, referral, payment, or verification systems.
You must notify Earthivate promptly if you believe your Account
has been compromised.
Earthivate may require identity, payment, tax, fraud-prevention,
or other verification where reasonably necessary.
5. ENVIRONMENTAL MEMBERSHIPS
Earthivate may offer different Membership levels, each of which
may include different environmental activities, Platform features,
benefits, recognition, content, or other services.
Current Membership descriptions and pricing will be displayed on
the applicable Earthivate website or enrollment page.
Earthivate may introduce, modify, replace, or discontinue
Membership levels or features from time to time.
Material changes affecting an existing paid Membership will be
handled in accordance with applicable law and any notice
requirements that apply.
Purchasing a Membership does not give a Customer ownership,
management authority, voting rights, equity, securities, or other
ownership interest in Earthivate or any environmental organization,
project, property, or asset.
6. ENVIRONMENTAL IMPACT AND REPRESENTATIONS
Earthivate seeks to connect Customer participation with tangible
environmental activities.
However, environmental projects involve variables outside
Earthivate's direct control.
For example, trees may fail to survive because of weather,
disease, wildfire, natural conditions, human activity, or other
events. Plastic or waste recovery programs may use different
collection, processing, recycling, disposal, verification, or
measurement methodologies.
Earthivate therefore does not guarantee the permanent survival of
any particular tree, the recovery of a particular identifiable
piece of waste, or a specific ecological outcome unless Earthivate
expressly states otherwise in writing.
Environmental impact figures, statistics, estimates, equivalents,
calculations, visualizations, and progress indicators may be based
on information received from partners, accepted methodologies,
estimates, averages, models, or other reasonable sources.
These measurements are intended to communicate environmental
activity and should not be interpreted as scientific guarantees,
investment representations, regulated environmental credits, or
independently certified claims unless expressly identified as such.
Earthivate may change environmental partners, project locations,
methods, suppliers, or allocation methods when reasonably
necessary to operate or improve its environmental programs.
7. PAYMENTS AND BILLING
Paid Memberships are billed using the pricing and billing period
presented at the time of purchase.
By providing a payment method, you authorize Earthivate and its
payment service providers to charge the applicable Membership
fees, taxes, and other amounts disclosed during checkout.
Where a Membership automatically renews, you authorize recurring
charges until the Membership is cancelled in accordance with the
applicable cancellation procedure.
Prices may change from time to time.
Where required by law, Earthivate will provide appropriate notice
before a pricing change affects an existing recurring Membership.
You are responsible for keeping payment information current.
Earthivate may use third-party payment processors. Earthivate does
not necessarily receive or store complete payment-card information
when payments are processed directly by such providers.
8. TAXES
Prices may exclude applicable sales, use, value-added, goods and
services, harmonized sales, or similar taxes unless otherwise
stated.
You are responsible for taxes associated with your purchase where
permitted by law.
Taxes associated with commissions or other payments received
through the separate Influencer Program are governed by the
Influencer Program Agreement and applicable law.
9. CANCELLATION
Customers may cancel recurring Memberships at any time using the cancellation methods made available by Earthivate. Cancellation prevents future renewal charges and normally becomes effective at the end of the current paid billing period. Access to Membership benefits may continue through that period, subject to applicable law and the Refund & Cancellation Policy.
10. REFUNDS
New Membership subscriptions are covered by Earthivate's 30-day money-back guarantee for the initial subscription payment, measured from the original purchase date. Monthly renewals do not restart the guarantee. After that initial guarantee, Membership payments are generally non-refundable except as required by law or otherwise approved by Earthivate.
The full Refund & Cancellation Policy explains refund requests, cancellation, and the treatment of associated Influencer benefits. Nothing in these Terms limits non-waivable consumer protection rights.
11. FAILED PAYMENTS
If a payment fails, Earthivate or its payment provider may attempt
to process the payment again and may notify you to update your
payment information.
Earthivate may suspend or restrict Membership benefits following
an unresolved payment failure.
Earthivate may establish reasonable grace periods, retry schedules,
reactivation procedures, or account-status rules and may update
such operational procedures from time to time.
12. OPTIONAL INFLUENCER PROGRAM
Earthivate may operate a separate Influencer Program through which
eligible individuals may introduce Customers to Earthivate and may
be eligible for commissions, incentives, bonuses, recognition, or
other benefits.
Participation is entirely optional.
A person is not required to become an Influencer in order to
purchase or use an Earthivate Membership.
Enrollment as an ordinary Influencer is free and does not require
the purchase of an Earthivate Membership. A person may participate
as a Customer only, an Influencer only, or as both a Customer and
an Influencer. Certain optional benefits may depend on Customer
status or on the order in which Customer and Influencer status were
established, as described in the Influencer Program Agreement and
applicable Program rules.
The Influencer Program is governed by the separate Earthivate
Influencer Program Agreement.
Commission rates, qualification criteria, promotional programs,
incentives, bonuses, eligibility requirements, and other
compensation terms may be established or modified separately and
are not permanently fixed by these Terms of Use.
No provision of these Terms guarantees earnings or financial
success from participation in the Influencer Program.
13. REFERRAL CODES AND ATTRIBUTION
Earthivate may use referral links, codes, tracking technologies,
Account relationships, or other methods to identify introductions
and referrals.
Referral attribution will be determined using Earthivate's records
and applicable program rules.
Users may not manipulate referral attribution, create fictitious
Customers, self-deal improperly, create duplicate Accounts,
misrepresent referral relationships, or otherwise attempt to
obtain commissions, incentives, status, or benefits through
fraudulent or artificial activity.
Earthivate may investigate disputed or suspicious referral
activity and make reasonable corrections to Platform records.
14. PROMOTIONS, CONTESTS AND INCENTIVES
Earthivate may occasionally offer contests, challenges, bonuses,
promotions, giveaways, enhanced benefits, or other incentives.
Such promotions may be governed by additional terms, eligibility
criteria, deadlines, retention requirements, verification
procedures, or official rules.
If promotional rules conflict with these Terms concerning the
specific promotion, the applicable promotional rules will control
for that promotion.
Earthivate may withhold or revoke a promotional benefit where the
underlying qualification is reversed, refunded, fraudulent,
ineligible, cancelled, charged back, or otherwise fails to satisfy
the published requirements.
15. ACCEPTABLE USE
You agree not to use the Platform or Services to:
(a) violate any law or regulation;
(b) commit fraud or deception;
(c) harass, threaten, abuse, or harm another person;
(d) distribute malware or malicious code;
(e) interfere with Platform security or operation;
(f) attempt unauthorized access to systems or data;
(g) scrape, harvest, extract, or systematically collect Platform
data except where expressly authorized;
(h) reverse engineer or attempt to obtain proprietary source code
except where such restriction is prohibited by law;
(i) misuse Earthivate intellectual property;
(j) manipulate environmental-impact, referral, payment, or
Account records;
(k) create fraudulent transactions or Accounts;
(l) circumvent security, eligibility, payment, or program
restrictions; or
(m) use the Services in a manner that could damage Earthivate,
its Customers, partners, service providers, or reputation.
16. ARTIFICIAL INTELLIGENCE AND AUTOMATED SERVICES
Earthivate may use artificial intelligence, automated systems,
chat interfaces, recommendation systems, or other technology to
provide information, customer assistance, navigation, educational
content, summaries, recommendations, or other functionality.
AI-generated or automated responses may contain errors,
omissions, outdated information, or incorrect interpretations.
AI and automated functionality is provided for general
informational and support purposes and should not be relied upon
as legal, financial, tax, medical, investment, environmental,
scientific, or other professional advice.
Where information provided by an automated system conflicts with
these Terms, an applicable program agreement, an official policy,
or direct written communication from an authorized Earthivate
representative, the applicable official document or authorized
communication controls.
17. THIRD-PARTY SERVICES AND PARTNERS
Earthivate may rely on third-party providers for services including
payment processing, hosting, cloud infrastructure, communications,
analytics, identity verification, environmental projects, payouts,
security, customer support, and other operational functions.
Your use of certain third-party services may also be subject to
the provider's own terms and privacy practices.
Earthivate is not responsible for independent third-party services
or conduct outside Earthivate's reasonable control.
Earthivate may replace or change service providers and
environmental partners as operational needs evolve.
18. INTELLECTUAL PROPERTY
The Platform and its content, software, systems, designs,
databases, graphics, interfaces, documentation, processes,
workflows, text, trademarks, trade names, logos, branding,
technology, methodologies, reports, environmental-program
structures, and other proprietary materials are owned by or
licensed to Earthivate and are protected by applicable
intellectual-property laws.
Except as expressly authorized, you may not copy, reproduce,
republish, distribute, sell, sublicense, modify, create derivative
works from, reverse engineer, commercially exploit, or otherwise
misuse Earthivate intellectual property.
No ownership rights are transferred to you merely because you
access or use the Platform.
19. EARTHIVATE NAME AND BRAND
"Earthivate," Earthivate logos, slogans, designs, graphics, and
related branding are proprietary to Earthivate or its licensors.
You may not represent yourself as Earthivate, an employee,
authorized agent, official representative, or partner unless
expressly authorized.
Influencers may receive limited permission to use approved
Earthivate promotional materials in accordance with the separate
Influencer Program Agreement and brand guidelines.
Any such permission is limited, revocable, non-exclusive, and
does not transfer ownership of Earthivate intellectual property.
20. USER CONTENT
If the Platform permits you to submit content, information,
feedback, testimonials, photographs, comments, suggestions, or
other material ("User Content"), you retain ownership of your
original User Content to the extent you possess such rights.
You grant Earthivate a non-exclusive, worldwide, royalty-free
license to host, store, reproduce, display, process, and otherwise
use User Content as reasonably necessary to provide, operate,
secure, improve, and administer the Services.
Earthivate will obtain any additional permissions required by law
before using a person's name, image, or testimonial in advertising
where such consent is required.
You represent that you have the rights necessary to submit any
User Content you provide.
21. FEEDBACK
If you voluntarily provide ideas, suggestions, recommendations,
feature requests, or other feedback concerning Earthivate, you
grant Earthivate the right to use that feedback without restriction
or compensation, provided that Earthivate does not thereby acquire
ownership of unrelated intellectual property belonging to you.
22. PRIVACY
Earthivate's collection, use, storage, disclosure, and protection
of personal information is described in the Earthivate Privacy
Policy.
By using the Services, you acknowledge the practices described in
that policy.
Earthivate may use third-party processors and subprocessors to
provide its Services.
Where required by applicable privacy law or an applicable business
relationship, Earthivate may enter into appropriate data-processing
agreements or other legally required privacy arrangements.
23. SECURITY
Earthivate uses administrative, technical, and organizational
measures intended to protect its systems and information.
However, no Internet-based service, electronic communication,
database, or storage system can be guaranteed to be completely
secure.
You are responsible for taking reasonable measures to protect your
Account credentials and devices.
You must promptly notify Earthivate if you become aware of
suspected unauthorized access or security issues relating to your
Account.
24. ELECTRONIC COMMUNICATIONS
By using the Services, you consent to receive transactional and
service-related communications electronically, including Account
notices, payment confirmations, security notices, policy updates,
Membership communications, and legally required disclosures.
Marketing communications will be handled in accordance with
applicable law and the preferences or unsubscribe mechanisms
provided by Earthivate.
You agree that electronic communications may satisfy legal
requirements that communications be provided in writing where
permitted by law.
25. NO PROFESSIONAL ADVICE
Information provided through Earthivate is for general
informational, educational, environmental, and service-related
purposes.
Nothing provided through the Platform constitutes legal,
financial, tax, investment, medical, scientific, or other
professional advice.
You should obtain appropriate professional advice when decisions
require such expertise.
26. NO INVESTMENT OR SECURITIES OFFERING
An Earthivate Membership is a service and is not an investment,
security, ownership interest, partnership interest, franchise,
deposit, savings product, or financial instrument.
Participation in the Influencer Program does not give an
Influencer equity or ownership in Earthivate.
No statement concerning potential commissions, environmental
impact, growth, programs, or future features should be interpreted
as an offer of securities or a guarantee of financial return.
27. DISCLAIMERS
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PLATFORM AND SERVICES
ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
EARTHIVATE DISCLAIMS WARRANTIES THAT ARE NOT EXPRESSLY PROVIDED
IN WRITING, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT TO
THE EXTENT SUCH WARRANTIES MAY LEGALLY BE DISCLAIMED.
EARTHIVATE DOES NOT WARRANT THAT:
(a) THE PLATFORM WILL ALWAYS BE AVAILABLE OR ERROR-FREE;
(b) ALL INFORMATION WILL ALWAYS BE COMPLETE OR CURRENT;
(c) EVERY ENVIRONMENTAL PROJECT WILL ACHIEVE A PARTICULAR RESULT;
(d) EVERY THIRD-PARTY PROVIDER WILL PERFORM WITHOUT INTERRUPTION;
OR
(e) USE OF THE SERVICES WILL PRODUCE ANY PARTICULAR PERSONAL,
ENVIRONMENTAL, BUSINESS, OR FINANCIAL OUTCOME.
NOTHING IN THESE TERMS EXCLUDES WARRANTIES OR RIGHTS THAT CANNOT
LAWFULLY BE EXCLUDED.
28. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EARTHIVATE AND
ITS OWNERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS,
CONTRACTORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES,
OR FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS
OPPORTUNITIES, OR OTHER INTANGIBLE LOSSES ARISING FROM OR RELATED
TO THE SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, EARTHIVATE'S AGGREGATE
LIABILITY ARISING FROM OR RELATING TO THE SERVICES OR THESE TERMS
WILL NOT EXCEED THE GREATER OF:
(a) THE AMOUNT YOU PAID DIRECTLY TO EARTHIVATE DURING THE TWELVE
(12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE
CLAIM; OR
(b) ONE HUNDRED U.S. DOLLARS (US $100).
THESE LIMITATIONS DO NOT APPLY TO LIABILITY THAT CANNOT LAWFULLY
BE LIMITED OR EXCLUDED.
29. INDEMNIFICATION
To the extent permitted by applicable law, you agree to indemnify,
defend, and hold harmless Earthivate and its affiliates, owners,
officers, directors, employees, agents, and representatives from
claims, liabilities, losses, damages, judgments, penalties, costs,
and reasonable legal fees arising from:
(a) your material violation of these Terms;
(b) your unlawful or fraudulent use of the Services;
(c) your infringement of another person's rights;
(d) User Content submitted by you; or
(e) conduct undertaken through your Account.
This section does not require a consumer to indemnify Earthivate
for Earthivate's own unlawful conduct where such an obligation
would be prohibited by law.
30. SUSPENSION AND TERMINATION
Earthivate may suspend, restrict, or terminate access to the
Services where reasonably necessary because of:
(a) violation of these Terms;
(b) fraud or suspected fraud;
(c) payment abuse or chargeback abuse;
(d) security threats;
(e) unlawful conduct;
(f) manipulation of Platform systems;
(g) misuse of Earthivate intellectual property;
(h) material harm to Earthivate, its users, or partners; or
(i) legal or regulatory requirements.
Where reasonable and legally appropriate, Earthivate may provide
notice or an opportunity to correct a violation before termination.
Serious fraud, security threats, illegal conduct, or deliberate
abuse may result in immediate action.
Termination does not eliminate obligations or liabilities that
accrued before termination.
31. SERVICE MODIFICATIONS
Earthivate may modify, improve, replace, suspend, or discontinue
features of the Platform as the Services evolve.
Earthivate may also modify environmental partners, technologies,
vendors, project methodologies, Membership structures, and
operational processes.
Where a change materially affects an existing paid service,
Earthivate will provide notice where required by applicable law.
32. FORCE MAJEURE
Earthivate will not be responsible for delay or failure caused by
events beyond its reasonable control, including natural disasters,
wildfires, floods, severe weather, war, terrorism, civil unrest,
government actions, epidemics, pandemics, labor disputes,
infrastructure failures, Internet outages, cyberattacks,
third-party platform failures, payment-network disruptions,
environmental project disruptions, or similar events.
This provision does not limit rights that cannot be waived under
applicable law.
33. CHANGES TO THESE TERMS
Earthivate may update these Terms from time to time to reflect
changes in its Services, operations, technology, laws, regulations,
or business practices.
The "Last Updated" date will identify the latest revision.
Where required by law or where a change materially affects your
rights, Earthivate will provide additional notice.
Continued use of the Services after an updated version becomes
effective constitutes acceptance to the extent permitted by law.
34. GOVERNING LAW
These Terms will be governed by the laws of the State of Delaware,
without regard to conflict-of-law principles, except where
mandatory consumer protection or other applicable laws require
otherwise.
Users may possess mandatory legal rights based on their place of
residence that cannot be waived by contract. Nothing in these
Terms is intended to eliminate those rights.
35. DISPUTE RESOLUTION
Before initiating formal proceedings, you and Earthivate agree,
where reasonable, to attempt in good faith to resolve a dispute
by contacting the other party and providing sufficient information
to understand the issue.
If a dispute cannot be resolved informally, either party may pursue
available remedies in a court of competent jurisdiction, subject to
these Terms and any mandatory rights or procedures that apply under
applicable law.
Nothing in this section requires arbitration, waives a right to a
jury trial, or waives participation in a class or representative
action unless the parties separately agree in a legally effective
writing or Earthivate later adopts an enforceable provision with
any notice or consent required by law.
Nothing in this section prevents either party from seeking urgent
injunctive or equitable relief where legally appropriate.
36. INTERNATIONAL USERS
Earthivate may make Services available to individuals in multiple
countries.
You are responsible for complying with laws applicable to your
use of the Services in your jurisdiction.
Earthivate may restrict availability in particular jurisdictions
where required for legal, regulatory, payment-processing, tax,
privacy, or operational reasons.
Where mandatory local consumer or privacy law conflicts with these
Terms, the mandatory legal requirement will control to the extent
of the conflict.
37. ASSIGNMENT
You may not assign or transfer your rights or obligations under
these Terms without Earthivate's prior written consent.
Earthivate may assign these Terms as part of a merger,
reorganization, financing, acquisition, sale of assets, corporate
restructuring, or transfer of the applicable business, subject to
applicable law.
38. SEVERABILITY
If any provision of these Terms is determined to be invalid,
illegal, or unenforceable, that provision will be enforced to the
maximum extent permitted by law or severed where necessary.
The remaining provisions will continue in effect.
39. NO WAIVER
Earthivate's failure to enforce a provision of these Terms does
not waive its right to enforce that provision or any other
provision later.
40. ENTIRE AGREEMENT
These Terms, together with the Privacy Policy and any additional
terms expressly applicable to a particular Service, constitute the
agreement between you and Earthivate concerning your general use
of the Services.
Participation in the Earthivate Influencer Program is additionally
governed by the separate Influencer Program Agreement.
Promotions, contests, challenges, or special programs may also
have separate official rules.
41. SURVIVAL
Provisions that by their nature should survive termination will
survive, including provisions concerning intellectual property,
payment obligations, disclaimers, limitations of liability,
indemnification, dispute resolution, and accrued rights and
obligations.
42. HEADINGS
Section headings are provided for convenience and do not affect
the interpretation of these Terms.
43. CONTACT INFORMATION
Questions about these Terms may be directed to:
Earthivate
Legal Entity: Earthivate LLC
Address: 2810 N Church St STE 90935, Wilmington, DE 19802, United States
Email: legal@earthivate.com
Website: earthivate.com
Last Updated: November 1, 2026