Last updated: June 18th, 2024

1. Applicability

These General Terms and Conditions (“greenband Terms”) apply to the website owned, operated, and maintained by or on behalf of greenband Inc. and its affiliates (collectively, “greenband” or “we” or “us”) and the products, content, services data, software, and tools accessed or sold through greenband’s website (the “Site”), or applications (including mobile applications) (collectively the “Services”). 

THESE GREENBAND TERMS CONTAIN IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ THESE GREENBAND TERMS CAREFULLY.

BY CREATING A GREENBAND ACCOUNT, USING GREENBAND MOBILE APPLICATIONS OR GREENBAND WEBSITES OR OTHER PRODUCTS OR SERVICES, YOU ACCEPT AND ARE BOUND BY THESE GREENBAND TERMS.

YOU MAY NOT USE THE SERVICES IF YOU (A) DO NOT AGREE TO THESE GREENBAND TERMS, (B) DO NOT HAVE SUFFICIENT LEGAL CAPACITY TO AGREE TO THESE GREENBAND TERMS OR, IF YOU LACK SUCH CAPACITY (FOR INSTANCE, IF YOU ARE A MINOR), IF YOU HAVE NOT OBTAINED PARENTAL OR GUARDIAN CONSENT TO DO SO, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.

2. greenband Account

In order to use most of the Services, you are required to create and maintain a personal account (the “greenband Account”). You agree to maintain complete, accurate, and up-to-date information in your greenband Account. You are responsible for all activity or transactions that occur under your Account, and you agree to maintain the security and secrecy of Your greenband Account username and password at all times. You shall not provide or use your greenband account username or password with non-greenband approved applications, websites or software. You agree to make any other users assigned access or roles related to the Services aware of these greenband Terms and greenband's Privacy Policy.

3. Text Messages, Notifications, and Emails

By agreeing in writing to these greenband Terms, you consent to receiving texts (either directly or via third party messaging services) or emails to any phone number(s) and/or email address(es) you provide, except where your consent to such is explicitly required by law (in which case, we will seek your consent directly). You further understand and agree that these communications may contain your non-public information (for example, your username if you’ve forgotten it and requested it via our help center). You explicitly confirm that this consent covers the use of these contact methods to send text messages to the wireless telephone number(s) and to send email messages to the email address(es) you provide, for which you may incur a charge. You can control permission for calls or texts via your account settings.

When you opt-in to greenband alerts by providing your number or asking us to contact you via text message greenband will send you a message to confirm your signup. The frequency of the greenband alerts varies and is dependent on your requests and the related products and services from greenband.  For text messages, greenband may either send you messages directly or via messaging services such as WhatsApp Business Services.

greenband uses this service to communicate with you and to send you notifications about our products and services including updates or alerts you have requested.

You may cancel at any time. Just text “STOP” in response to the message from your mobile phone number and greenband will send you a final message confirming your choice. If you text “HELP” we will provide instructions on our service and how to unsubscribe.

greenband can deliver messages to most US-based phone carriers. Carriers are not liable for delayed or undelivered messages.

Message and data rates may apply for any messages sent or received. Texting “STOP” will only control for that specific number and for this specific service. If you have other concerns, feedback, or want to exercise other rights you have under the law, such as certain other opt-out rights please email info@greenband.io.

4. Indemnity

You agree to defend, indemnify, and hold harmless greenband and its affiliates, successors and assigns, and its and their directors, officers, employees, agents, or other partners from and against any and all allegations, claims, demands, actions, causes of action, proceedings (whether threatened or pending), orders, damages, losses, liabilities, costs and expenses, including reasonable attorney’s fees and other legal expenses, and judgments of any kind of nature, incurred by greenband arising out of or relating to your use of the Site and/or Services, your violation of these greenband Terms, or your violation of any rights of another.

5. Limitation of Liability

No Consequential or Indirect Damages. EXCEPT AS OTHERWISE PROVIDED BY APPLICABLE LAW, IN NO EVENT SHALL GREENBAND OR ANY OF ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, LICENSORS AND PARTNERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THESE GREENBAND TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE; (B) WHETHER OR NOT A PROPOSED DEFENDANT WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.

Maximum Liability. EXCEPT AS OTHERWISE PROVIDED BY APPLICABLE LAW, IN NO EVENT SHALL GREENBAND’S OR ANY OF ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, EMPLOYEES, LICENSORS AND PARTNERS AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS THESE GREENBAND TERMS, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS YOU PAID TO GREENBAND PURSUANT TO THESE GREENBAND TERMS.

This extends to your downloading, uploading, or submission of any materials, data, text, images, video or audio from or to this Site, including but not limited to any issues caused by viruses, bugs, or any computer system, phone line, hardware, software or program malfunctions, or any other errors, failures or delays in computer transmissions or network connections. In the event of any problem with this Site, you agree that your sole remedy is to cease using the Site.

6. Force Majeure

greenband will not be liable or responsible to you, nor be deemed to have defaulted or breached these greenband Terms, and you will not be liable or responsible to greenband, nor be deemed to have defaulted or breached these greenband Terms (except for your failure to meet your payment obligations), for any failure or delay in performance under these greenband Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our or your reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or telecommunication breakdown or power outage.

7. Severability

If any competent legal authority determines any part of these greenband Terms is illegal or unenforceable, then such part will be eliminated and the remainder of these greenband Terms will remain in force and effect and the unenforceable part shall be deemed to be modified solely to the extent necessary to make it enforceable.

8. Termination

greenband may permanently terminate or temporarily suspend all or part of your access and rights to the greenband Services at any time without notice to you. 

9. Updates to the Terms and Conditions

greenband may modify these terms and conditions at any time with or without notice to You. Your continued use of the Site and/or Services will be deemed as acceptance of any such new terms and conditions. 

10. Disputes

These greenband Terms, its subject matter and its formation, and any related non-contractual disputes or claims, are governed by the laws of California, U.S.A., without regard to choice or conflict of law principles of any jurisdiction, except as may be applicable to your region or a specific service. These provisions are only intended to specify the use of California law to interpret these greenband Terms, and these provisions shall not be interpreted as generally extending California law to you if you do not otherwise reside in California. 

11. greenband’s Intellectual Property

greenband is the owner or the licensee of the Site, including the source code, and greenband Apps, all content of the Site, and all the material published on the Site, as well any newsletters, updates, emails, and/or social media or informational updates and/or postings (collectively “Content”). greenband owns or licenses various trademarks, graphics, logos, designs, page headers, button icons, scripts and service names. 

You acknowledge and agree that greenband’s (i) patents, copyrights, trademarks, service marks, trade secrets, Content and other intellectual property (collectively, “Intellectual Property”) are solely greenband’s property, and (ii) nothing in these greenband Terms shall confer in you any right of ownership or license rights in our Intellectual Property or the Intellectual Property of greenband’s licensors. In addition, you shall not now or in the future contest the validity of our Intellectual Property. Without limiting the previous sentence, the Services, including without limitation all text, graphics, logos, buttons, icons, images, audio clips, and computer programs, are the property of greenband or its licensors, and are protected by U.S. and international copyright, trademark and other laws, regulations or treaties. The compilation (meaning the collection, arrangement, and assembly) of all Content associated with the Services is the exclusive property of greenband and protected by U.S. and international copyright law. Any unauthorized reproduction, modification, distribution, transmission, republication, display, or performance of the software or the content through our Services is strictly prohibited.

Subject to your compliance with these greenband Terms, greenband grants you a personal, non-exclusive, non-transferable, revocable, limited license to use the Sites and the Services solely for your personal or internal use and subject to the condition that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in or access to the Sites, the Services, or any other content available via the Sites or the Services. All rights not expressly granted to you in these greenband Terms are reserved and retained by greenband.

12. User Content and Standards

Any content (including text, graphics, photos, or other content) (“User Content”) you post on greenband’s Sites or app is owned exclusively by you, however, by posting you grant us with a limited, revocable, non-exclusive, royalty-free, assignable, sub-licensable right to such User Content to display, store, and publish such User Content (or any portion thereof).  If we have not automatically done so and you wish to be acknowledged as the author of the User Content (and such acknowledgment is reasonably feasible), you may request us to do so by contacting us at info@greenband.io. 

You are prohibited from posting any libelous, obscene, defamatory, offensive, hateful, sexually explicit/pornographic, violent, promoting of discrimination, misrepresentative of actual identity, or other materials that would violate any laws or be deemed inappropriate by greenband. You shall be solely responsible for your own User Content and the consequences of posting or publishing it. greenband may take any action greenband reasonably deems necessary to cure or prevent any violation of these standards, including removal from this Site. In addition, greenband will fully cooperate with law enforcement authorities requesting us to disclose the identity of any such individuals.

You represent and warrant that any information you provide to us, to other users, or to visitors, including but not limited to User Content, (a) is not false, inaccurate, misleading, obscene or defamatory; (b) is not fraudulent; (c) doesn’t involve the sale of counterfeit or stolen items; (d) doesn’t infringe any third party’s copyright, patent, trademark, trade secret, rights of publicity or privacy, or other right; (e) is yours or you have the necessary licenses, rights, consents, and permissions to such information and to grant the rights and licenses to greenband under all patent, trademark, trade secret, copyright or other proprietary or intellectual property rights in and to any and all such information in the manner contemplated in these Terms; (f) doesn’t violate any law, statute, ordinance or regulation, including without limitation those governing consumer protection, unfair competition, anti-discrimination or false advertising; and, (g) doesn’t contain any viruses or any programming that is intended to damage, interfere with, intercept or expropriate any system, data or personal information; and (h) is not intended to circumvent or violate the letter and spirit of these greenband Terms and the lawful functioning of greenband’s websites.

You further represent and warrant that you have the written consent, release, and/or permission of each and every person identified in any information you provide, including but not limited to User Content, to use the name or likeness of such person or, if such persons are minors, the written consent, release, and/or permission of such minor’s parent or legal guardian.

By submitting ideas, suggestions, documents, and/or proposals (“Contributions”) to greenband, you acknowledge and agree that: (a) your Contributions don’t contain confidential or proprietary information; (b) greenband isn’t under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) greenband shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media now known or later developed and throughout the universe; (d) greenband may have something similar to the Contributions already under consideration or in development; (e) your Contributions, including any intellectual property rights therein, automatically become the property of greenband without any obligation of greenband to you; and (f) greenband is free to use any ideas, concepts, or techniques that you send greenband for any purpose, including but not limited to, developing and marketing products that incorporate such ideas, concepts or techniques; and (g) you aren’t entitled to any compensation or reimbursement of any kind from greenband under any circumstances.

13. greenband Applications

Subject to your compliance with these greenband Terms, greenband grants you a limited license to download, install, access and use the greenband mobile application and/or other applications offered by greenband (“greenband Apps”) via our End User License Agreement. 

14. The Site

Third-Party Links

The Site may contain hyperlinks (“links”) to web sites operated by persons or entities other than greenband (“third-party Web Sites”). We provide such links for your reference and convenience only. A link from greenband to a third-party web site does not imply or mean that we endorse the content on that third-party site or the operator or operations of that web site. You are solely responsible for determining the extent to which you use any content at any third party web sites to which you might link from the Site. GREENBAND IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES INCURRED AS A RESULT OF ANY DEALINGS WITH ANY THIRD-PARTY WEB SITE, ANY MERCHANT OR OPERATOR OF A THIRD-PARTY WEB SITE, OR ANY OTHER PERSON WITH WHOM YOU ENGAGE IN ANY TRANSACTION.

In addition, portions of the Site may be electronically hosted by other third-party service providers. greenband has, unless explicitly indicated otherwise, no control over the content or functionality of those sites and resources. greenband does not endorse, guarantee, or make any representations or warranties regarding any other website, content, or materials or information accessible from any other website.

Children’s Online Privacy Protection Act

The Site is not designed or intended to be used by or to collect information from children under the age of 13. greenband does not knowingly collect or maintain any information from children under the age of 13. The Site is not designed with the purpose of attracting any person under age 13. To respect the privacy of children and to comply with the Children's Online Privacy Protection Act, if you are under the age of 18, you should only use the Site with the involvement of a parent or guardian.

No Reliance on Information

greenband’s Site provides no information which can be used for investment and/or transactional decisions. The Content is provided for information only and is of a general and approximate nature and it is not intended to amount to, nor is, information or advice on which you should rely.

No Warranties

THE SITE IS PRESENTED “AS IS” AND NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ARE MADE REGARDING THE CONTENT OF THE SITE OR ANY MATERIALS PUBLISHED ON THE SITE.

Specifically, without limitation, greenband does not warrant that you will be able to use the Site or that any portion of this Site will be free of viruses, Trojan horses, or other technical defects.

In addition, it is your responsibility to check that the Site’s content is accurate and/or complete. The Site may be updated from time to time and may change its content at any time. Although greenband makes reasonable efforts to update the information on the Site, it makes no representations, warranties or guarantees, whether express or implied, that the Content is accurate, complete or up-to-date.

Local Regulatory Restrictions

The Site is not directed at any person in any jurisdiction where (by reason of nationality, residence or otherwise) the access to or availability of the Site is prohibited or which would be subject to any restriction, including registration or other requirements within such jurisdiction. greenband reserves the right to limit access to the Site to any such persons. Persons who access the Site do so on their own initiative and are responsible for compliance with applicable law. If in doubt, you should seek independent legal advice.

Accessing and Using the Site

It is not guaranteed that the Site, or any content on it, will always be available or be uninterrupted. Access to the Site is permitted on a temporary “as is” basis. All or any part of the Site, without notice, may be suspended, withdrawn, discontinued, removed or changed. greenband will not be liable to you if for any reason the Site (or any portion thereof) is unavailable (temporarily or permanently) at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to the Site. You are also responsible for ensuring that all persons to whom you provide access to the Site are made fully aware of these greenband Terms and other applicable terms and conditions, and that they comply fully with them.

You may only use the Site for lawful purposes. 

Considerations for Non U.S. Customers

greenband’s headquarters are located in the United States, and the Site is based in the United States. Please be aware that information you provide to us, or that we obtain as a result of your use of the Site, may be processed and transferred to the United States and be subject to United States law. The privacy and data protection laws in the United States may not be equivalent to such laws in your country of residence. By using the Site, or by providing us with your information, you consent to this collection, transfer, storage, and processing of information to and in the United States.

Digital Millennium Copyright Act Notice

greenband complies with the notice-and-takedown procedures set out in Section 512(c) of the United States Digital Millennium Copyright Act (DMCA), which applies to content reported and removed for violating U.S. copyrights. If you are a copyright owner and believe that any User Content infringes upon your copyrights, you may submit a notification pursuant to the DMCA by providing greenband’s Copyright Agent with the following information in writing:

• The physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;

• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit greenband, the service provider, to locate the material;

• Information reasonably sufficient to permit greenband to contact you, such as an address, telephone number, and, if available, an email address;

• A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

• A statement, under penalty of perjury, that the information in the notification is accurate that you’re authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You must provide notice of claimed infringement to greenband’s designated Copyright Agent at: info@greenband.io. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.

15. Vulnerability Reporting

If you would like to report a vulnerability or have a security concern, please visit greenband.io.