This Terms of Use (the "Agreement") applies to the Greenzzly website, mobile applications, and associated carbon offset platform and services (the "Service"), provided by Hilman SA (dba Greenzzly) ("Greenzzly").
Disclaimer: Greenzzly provides carbon offsetting services by purchasing and retiring verified Carbon Credits from certified reforestation programs on your behalf. While we represent your carbon offset in terms of "trees planted" to help you understand the environmental impact, your purchase results in the retirement of carbon credits rather than direct tree planting activities by Greenzzly. This is an environmental service, not a trading platform, investment opportunity, or direct tree planting service.
1. Definitions
- Carbon Credit(s): verified greenhouse gas emission reduction or removal units issued by recognized third-party registries.
- Carbon Offset Service: Greenzzly's service of purchasing and retiring Carbon Credits on behalf of customers.
- Registry: a third-party organization that issues, tracks, and retires Carbon Credits.
- Reforestation Partner: certified reforestation programs that Greenzzly sources carbon credits from.
- Retirement: the permanent removal of Carbon Credits from circulation to claim environmental benefits.
- Tree Planting Equivalent: the conversion of Carbon Credits into tree planting representation.
- User: any individual or entity using the Service.
2. Acceptance of Terms
By continuing to use the Service, you agree that this Agreement is a legally binding contract, that you will use the Service in accordance with applicable laws, and that you can access and have received this Agreement. If you do not agree, please discontinue all use of the Service.
3. Service Description and Eligibility
Greenzzly provides a Carbon Offset Service for golfers who wish to offset their carbon footprint. Users purchase carbon offsets that Greenzzly translates into Tree Planting Equivalents. Greenzzly purchases Carbon Credits from Reforestation Partners and retires them on Users' behalf. Greenzzly does not operate a trading platform or marketplace.
All Carbon Credits are sourced from verified reforestation projects certified by organizations such as Verra, PEFC, or FSC. Greenzzly's financial records are audited annually by an independent audit firm.
4. Your Use of the Service
You may only use the Service if you are at least 18 years old and have legal capacity to enter into this Agreement. You must provide accurate, complete, and current information. Greenzzly may suspend or terminate your access at its sole discretion for breach of this Agreement, fraud, regulatory non-compliance, or use from a prohibited jurisdiction.
5. Pricing and Payment
Greenzzly pricing reflects current market conditions for Carbon Credits. Prices may be adjusted in real-time. Payment is required before any Carbon Offset Service is performed. Large transactions may require wire transfers and are subject to anti-money laundering and know-your-customer requirements. You are solely responsible for all applicable taxes and duties.
6. Data and Privacy
Your personal information is subject to our Privacy Policy, which is incorporated into this Agreement by reference. Greenzzly implements reasonable security measures to protect your data and will notify you of any data breach in accordance with applicable law.
7. Intellectual Property
The Service is owned by Greenzzly and protected by copyright, trademark, and other intellectual property laws. You may not copy, reproduce, or distribute Service materials without express written permission. Greenzzly is not responsible for the accuracy or availability of third-party carbon registry data.
8. Disclaimer of Warranties
The Service is provided on an "as-is" basis. Greenzzly expressly disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. Greenzzly specifically disclaims any warranties regarding the environmental effectiveness of carbon offsets.
9. Limitation of Liability
Greenzzly is not liable for any direct, indirect, incidental, special, consequential, or exemplary damages resulting from use of the Service. Greenzzly's total liability for any claim will not exceed the fees paid by you for the specific transaction giving rise to the claim.
10. Indemnification
You agree to indemnify and hold Greenzzly harmless from any claim arising out of your violation of this Agreement, your use of the Service, or your breach of any third-party rights.
11. Force Majeure
Greenzzly is not liable for delays or failures due to causes beyond its reasonable control, including government actions, natural disasters, registry failures, market disruptions, pandemics, cyberattacks, or international sanctions.
12. Termination
This Agreement may be terminated by either party. Upon termination, your access ceases, pending transactions may be completed or cancelled, and you remain liable for outstanding obligations.
13. Governing Law
This Agreement is governed by the laws of Uruguay. Unless governed by the arbitration clause below, disputes are subject to the exclusive jurisdiction of the courts of Montevideo, Uruguay.
14. Binding Arbitration
This section contains a binding arbitration agreement and class action waiver. It affects your legal rights. Please read it carefully.
Any dispute relating to your use of the Service will be resolved by binding arbitration administered by JAMS under its Comprehensive Arbitration Rules. You agree that claims must be brought individually — no class actions. Arbitration will take place in Montevideo, Uruguay. To initiate arbitration, email contact@greenzzlygolf.com.
By agreeing to this provision, you waive the right to sue in court and have a jury trial.
15. Miscellaneous
Greenzzly may revise this Agreement at any time by publishing a new version on the Service. Greenzzly may assign this Agreement without your consent. If any provision is void, the remainder continues in full force. This Agreement constitutes the entire agreement between you and Greenzzly regarding the Service.
