Terms of Use
Last Updated: 8-18-25
These Terms of Use ("Terms") explain the terms and conditions by which you may access and use the website-hosted user interface (the "Interface") made available by EarthStocks Corp. ("EarthStocks," "Company," "we," "us," or "our"). The Interface facilitates access to tokenized price tracking products, including tokenized mining equities and real-world asset (RWA) stocks (collectively, "EarthStocks Assets"). By accessing or using the Interface, you expressly acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you are not authorized to use the Interface.
1. Use of Services
1.1
Subject to these Terms, EarthStocks allows you to access and use the Services on a non-exclusive basis for informational purposes.
1.2
Use of and access to the Services is void where prohibited by law. You represent and warrant that (a) your use of the Services does not violate any applicable law, regulation, or obligation you may have to a third party; and (b) you shall comply with applicable laws, regulations, guidelines, and these Terms throughout your use of the Services.
1.3
EarthStocks are not registered under the U.S. Securities Act of 1933 or with any securities regulatory authority of any State or other jurisdiction of the US and (i) may not be offered, sold or delivered within the US to, or for the account or benefit of U.S. Persons, and (ii) may be offered, sold or otherwise delivered at any time only to transferees that are Non-U.S Persons.
2. Legal Capacity and Compliance
To access or use any of our Products, you must be able to be bound by the terms. Accordingly, you represent that you are at least the age of majority in your jurisdiction (e.g., 18 years old) and have the full right, power, and authority to enter into and comply with the terms and conditions of this Agreement on behalf of yourself and any company or legal entity for which you may access or use the Interface. If you are entering into this Agreement on behalf of an entity, you represent to us that you have the legal authority to bind such entity.
You further represent that you are not (a) the subject of economic or trade sanctions administered or enforced by any governmental authority or otherwise designated on any list of prohibited or restricted parties (including but not limited to the list maintained by the Office of Foreign Assets Control of the U.S. Department of the Treasury) or (b) a citizen, resident, or organized in a jurisdiction or territory that is the subject of comprehensive country-wide, territory-wide, or regional economic sanctions by the United States. Finally, you represent that your access and use of any of our Products will fully comply with all applicable laws and regulations, and that you will not access or use any of our Products to conduct, promote, or otherwise facilitate any illegal activity.
NOTICE: Please read these Terms carefully. By visiting our Site, you agree to be bound by these Terms. We reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the amended Terms on the Site. Your continued use of the Site following such notification shall be deemed acceptance of the amended terms.
3. The Interface
3.1 Access to Tokenized Assets.
The Interface enables users to access markets for tokenized earth mining stocks and other tokenized RWA securities. EarthStocks does not issue or control the underlying assets themselves. Tokenized assets may represent exposure to real-world equities, commodities, or similar securities, but EarthStocks does not guarantee redemption, transferability, or equivalency to the underlying asset.
3.2 Limited Role of the Company.
EarthStocks provides only the Interface. The Company does not own, control, or operate the underlying blockchains on which EarthStocks Assets are issued or transferred, nor does it execute or clear transactions. All transactions occur on decentralized networks outside the control of EarthStocks.
3.3 Wallets.
To use the Interface, you must connect a non-custodial wallet. You are solely responsible for safeguarding your wallet, private keys, and credentials. EarthStocks has no custody or control over user funds and cannot retrieve or reverse any transactions.
3.4 Eligibility.
The Interface is not available to individuals or entities who are (a) residents, citizens, or located in the United States, Canada (Ontario), or any other jurisdiction subject to sanctions or restrictions ("Restricted Territories"); or (b) otherwise prohibited under applicable laws. By using the Interface, you represent that you are not a Restricted Person.
3.5 User Responsibility.
You are solely responsible for determining whether your use of the Interface and participation in tokenized stock trading complies with applicable laws and regulations in your jurisdiction.
4. No Warranties
4.1
The Interface is provided on an "as is" and "as available" basis without warranties of any kind. EarthStocks makes no representation that the Interface or EarthStocks Assets are reliable, accurate, or suitable for your purposes.
4.2
You acknowledge that tokenized assets are speculative and high-risk, and that their value may fluctuate dramatically. Risks include, but are not limited to: price volatility, technical failures, hacking, loss of private keys, regulatory changes, liquidity shortages, or loss of value.
4.3
You agree that you will have no recourse against EarthStocks or its affiliates for any losses resulting from your use of the Interface or EarthStocks Assets.
5. Prohibited Activity
You agree not to engage in any of the following while using the Interface:
- Violating intellectual property rights;
- Attempting unauthorized access, deploying malware, or engaging in cyberattacks;
- Fraud, misrepresentation, or market manipulation;
- Circumventing restrictions (including via VPNs, proxies, or misrepresentations of residency);
- Engaging in money laundering, terrorist financing, or other unlawful activities;
- Exploiting vulnerabilities or using automated bots to abuse the system.
Violation of these prohibitions may result in suspension or termination of your access and may subject you to legal liability.
6. Intellectual Property
Earthmine, its affiliates or its licensors, as the case may be, have all right, title and interest in the Site, Services, and any content thereon, including its overall appearance, text, graphics, graphics design, videos, demos, interfaces, and underlying source files, and all worldwide intellectual property rights, the trademarks, service marks, and logos contained therein, whether registered or unregistered. Except as expressly permitted herein, you may not copy, further develop, reproduce, republish, modify, alter download, post, broadcast, transmit or otherwise use the content of the Services for any purpose. You will not remove, alter, or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Services, if any. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in these Terms should be construed as granting you any right to use any trademark, service mark, logo, or trade name of Earthmine or any third party. If you provide Earthmine with any feedback regarding any content on the Services, Earthmine may use all such feedback without restriction and shall not be subject to any non-disclosure or non-use obligations in respect of such feedback.
7. No Professional or Investment Advice
Any content made available via the Interface is provided for informational purposes only. EarthStocks does not provide financial, legal, investment, tax, or other professional advice. You should consult qualified advisors before making any decisions involving tokenized assets.
8. Programs and Promotions
From time to time, EarthStocks may introduce incentive programs, promotions, or challenges. These programs are discretionary and may be modified or terminated at any time. Any rewards or benefits provided:
- Have no cash value unless expressly stated;
- Are not guaranteed;
- May be subject to additional terms and compliance requirements.
9. Limitation of Liability
To the maximum extent permitted by law:
- EarthStocks disclaims all liability for direct, indirect, incidental, or consequential damages arising from your use of the Interface or EarthStocks Assets;
- The Company's total aggregate liability shall not exceed one hundred U.S. dollars ($100.00).
Some jurisdictions do not permit certain disclaimers or limitations of liability; in such cases, the applicable provisions will apply only to the fullest extent permitted by law.
10. Indemnity
You agree to indemnify, defend, and hold harmless EarthStocks and its officers, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, or expenses arising from your use of the Interface, violation of these Terms, or participation in prohibited activities.
11. Arbitration and Governing Law
11.1 Arbitration.
Except where prohibited by law, disputes arising out of these Terms or your use of the Interface will be resolved exclusively by binding arbitration under the rules of the [Insert Arbitration Body], conducted in [Insert Location], in English.
11.2 Class Action Waiver.
You agree that disputes will be resolved solely on an individual basis and may not be brought as a class action.
11.3 Governing Law.
These Terms are governed by and construed under the laws of [Insert Jurisdiction].
12. Risk Acknowledgment
IN SUMMARY, YOU ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE FOR ANY OF THESE VARIABLES OR RISKS, DO NOT OWN OR CONTROL THE PRICE TRACKING ASSETS, AND CANNOT BE HELD LIABLE FOR ANY RESULTING LOSSES THAT YOU EXPERIENCE WHILE ACCESSING OR USING ANY OF OUR PRODUCTS. ACCORDINGLY, YOU UNDERSTAND AND AGREE TO ASSUME FULL RESPONSIBILITY FOR ALL OF THE RISKS OF ACCESSING AND USING THE INTERFACE TO INTERACT WITH THE PRICE TRACKING ASSETS.
13. Miscellaneous
- Entire Agreement: These Terms represent the entire agreement between you and EarthStocks.
- Privacy Policy: By using the Interface, you consent to the practices described in our Privacy Policy, available at [Insert URL].
- Assignment: You may not transfer your rights under these Terms without prior written consent. EarthStocks may assign these Terms without restriction.
- Severability: If any provision of these Terms is found invalid, the remaining provisions will remain in full force.
- Notices: EarthStocks may provide notices via website postings, email, or other reasonable channels.
By accessing or using the Interface, you acknowledge and agree to these Terms of Use.