Terms of Use

By accessing the dClimate Inc. websites and any page thereof, you agree to be bound by these terms of use and to comply with any applicable laws and regulations. If you do not agree to these Terms of Use, do not proceed to further pages associated with dClimate Inc.

dClimate Inc. reserves the right to vary or amend these Terms of Use at any time and dClimate Inc. is under no obligation to inform you about such variations of amendments. The current version of the Terms of Use will govern the services on dClimate Inc. websites and will always be available on the dClimate Inc. websites. By continuing to access or use these dClimate Inc. websites after any changes become effective, you agree to be bound by the revised Terms of Use. Please visit these Terms of Use on a regular basis to ensure that you gave read the latest version. These Terms of Use were updated the last time on the date indicated at the end of the Terms of Use.

Local Access Restrictions and Additional Local Information

dClimate Inc. sites and all content and functionality contained within them are not directed to or intended for use by any person resident or located in any country where the distribution of such content or functionality is contrary to the laws, rules, or regulations of such country. The same applies to any person resident or located in any country where such distribution is prohibited without obtaining the necessary licenses or authorizations and such licenses or authorizations have not been obtained. If any such local access restriction applies to you, you are not authorized to access the relevant dClimate Inc. site or use any of the content on it.

Content Not to Be Construed as a Recommendation or Determination of Suitability

The content of these websites is prepared for informational purposes only without regard to any particular user's investment objectives or financial situation. Content on these websites does not constitute a recommendation to enter into a particular transaction nor a representation that any product alluded to or described is suitable or appropriate for the user. Any investment related to content on these websites would involve significant risk given the speculative nature of financial products related to dClimate Inc.

Forward-looking Statements

Certain statements and illustrations contained herein are forward-looking. These statements (including as to plans, objectives, targets, and trends) and illustrations provide current expectations of future events based on certain assumptions and include any statement that does not directly relate to a historical fact or current fact.

Forward-looking statements typically are identified by words or phrases such as “anticipate”, “assume”, “believe”, “continue”, “estimate”, “expect”, “foresee”, “intend”, “may increase”, “may fluctuate” and similar expressions, or by future or conditional verbs such as “will”, “should”, “would” and “could”. These forward-looking statements involve known and unknown risks, uncertainties and other factors, which may cause the dClimate Inc.'s actual results of operations, financial condition, solvency ratios, capital or liquidity positions or prospects to be materially different from any future results of operations, financial condition, solvency ratios, capital or liquidity positions or prospects expressed or implied by such statements or cause dClimate Inc. to not achieve its published targets.

No Warranties Made as to Content

dClimate Inc. makes no warranty, express or implied, concerning the content of these websites. All information provided on this website is presented “as is.” dClimate Inc. expressly disclaims any implied warranty of merchantability or fitness for a particular purpose, including any warranty for the use or the results of the use of the contents of these websites with respect to its correctness, quality, accuracy, completeness, reliability, performance, or timeliness. The content of these websites is believed to be accurate and is obtained from sources, which Arbol believes to be reliable. However, Arbol has not verified this information and does not guarantee its accuracy, completeness, fairness or timeliness, and the information should not be relied on as such. As such, the user of these websites acknowledges and agrees that dClimate Inc., its advisers, consultants, shareholders, and other affiliated persons are not responsible for and are not making any representations, guarantees or warranties regarding, the accuracy, completeness or fairness of the information contained on these websites.

Content Not to Be Construed as a Solicitation or Offering

The content of these websites should not be construed as a solicitation, recommendation or offer to buy or sell any security, financial product, or instrument. Any business dealings arising from content on these websites will be conducted in accordance with all applicable laws and regulations. Any potential dealings in securities related to content on these websites will neither be registered under the Securities Act of 1933, nor will they be registered or qualified under securities laws of any jurisdiction, and such securities may not be offered or sold in the United States except pursuant an exemption from, or in a transaction not subject to, the registration requirements of the Securities Act of 1933 and in compliance with state securities laws.

WTHR Tokens

WTHR Tokens have not been and will not be registered under the Securities Act of 1933, as amended (the “Securities Act”), or any other law or regulation governing the offering, sale, or exchange of securities in the United States or any other jurisdiction. The offering of WTHR Tokens will be made, if any, (1) inside the United States to “accredited investors” (as defined in Section 501 of the Securities Act) who are U.S. persons (as defined in Section 902 of Regulation S under the Securities Act) in reliance on Regulation D under the Securities Act and (2) outside the United States to non-U.S. person in reliance on Regulation S. Subject to certain limited exceptions, WTHR token purchasers will be required to maintain their WTHR tokens until the first anniversary of the issuance of the WTHR Tokens.

Not All Risks Are Disclosed; Private Advisors Should Be Consulted

Many of the products described on these websites involve significant risks, and the user of this website should not enter into any transactions unless he has fully understood all such risks and independently determined such transactions are appropriate to him. Any discussion of these risks contained on this website with respect to any product should not be considered to be a disclosure of all risks or a complete discussion of the risks that are mentioned. Users of this website should neither construe any material on these websites as business, financial, investment, hedging, trading, legal, regulatory, tax, or accounting advice nor make the contents of this website the primary basis for any investment decisions. Users are encouraged to consult his business advisor, attorney, and tax and accounting advisors concerning any contemplated transactions. In addition, content of this website has not been approved by an authorized person within the meaning of FSMA. Reliance on the information contained on these websites for the purposes of engaging in any investment activity may expose the investor to a significant risk of losing all of the property or assets invested. In the United Kingdom, any person who is in any doubt about the investment to which these websites relate should consult a person duly authorized for the purposes of FSMA who specializes in the acquisition of shares and other securities.

Content Not a Solicitation, Offer, or Promotion of Insurance Product

The content on these websites should not be construed as a solicitation, offer, or promotion of an insurance product associated with dClimate Inc. or any other insurance company, broker, or agent. It is not intended to create public interest in, induce the recipient to purchase, increase, modify, reinstate, borrow on, surrender, replace or retain any financial or insurance product or service associated with dClimate Inc. By using these websites, user affirms content does not constitute the foregoing activities and agrees that any belief on the part of user that content does constitute foregoing activities is misconstrued by the user.

No Liability

Neither dClimate Inc., the Service Provider, any third-party providing content, nor any of their respective affiliates, directors, employees, advisors or agents will be liable for any indirect, special, incidental, consequential, punitive or exemplary loss, liability or costs, whether arising from negligence, breach of contract or otherwise and regardless whether the damage was foreseeable or not. Neither dClimate Inc., the Service Provider, any third-party providing content, nor any of their respective affiliates, directors, employees, advisors or agents will be liable for any loss of profits, business or data. Neither dClimate Inc., the Service Provider, any third party providing content, nor any of their respective affiliates, directors, employees, advisors or agents will be liable for any damage or loss (especially loss of data, alteration of data, or downtime) that may be caused to any equipment or software due to any viruses, defects or malfunctions in connection with the access or use of any dClimate Inc. website or downloads from any dClimate Inc. website (whether based on manual access, subscriptions, RSS-feeds or otherwise).

Governing Law

These Terms of Use shall be governed by and interpreted in accordance with the law of New York, and dClimate Inc. and you each submit irrevocably to the exclusive jurisdiction of the courts of the State of New York.

Severability

If a provision of these Terms of Use is or becomes illegal, invalid or unenforceable in any country, that will not affect the legality, validity or enforceability in that country of any other provision or in other jurisdictions of that or any other provisions of these Terms of Use.

Additional Terms

Certain pages or areas on dClimate Inc. websites may contain additional terms, conditions, disclosures or disclaimers. In the event of a conflict between these Terms of Use and these provisions, the additional provisions will govern for those pages or areas.

Intellectual Property Rights

Intellectual Property Rights in the dClimate Inc. websites and content related available through them belong to dClimate Inc. and/or to the Service Provider or other third parties. You do not acquire, by virtue of your use of the dClimate Inc. site, any rights, title or interest in any of the Intellectual Property Rights on these websites or in the dClimate Inc. For the purpose of these Terms of Use, “Intellectual Property Rights” includes, but is not limited to: (i) copyright, patents, database rights and rights in trademarks, designs, know-how and registered or non-registered confidential information; (ii) applications for registration and the right to apply for registration for any of these rights; and (iii) all other intellectual property rights and equivalent or similar forms of protection existing anywhere in the world.

Individual pages and/or sections of the dClimate Inc. website and its content may be printed or saved for personal or internal use only. Such printouts or savings, however, must retain all applicable copyright or other proprietary notices. You must not modify, copy, transmit, distribute, display, reproduce, publish, perform, license, frame, create derivative works from, transfer or use in any other way for commercial or public purposes in whole or in part any Content obtained from an dClimate Inc. website without the prior written permission of the owner of the relevant Intellectual Property Rights (whether that be dClimate Inc., the Service Provider or another third party). It is prohibited to systematically retrieve content from the dClimate Inc. website to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from dClimate Inc.

The copyright in some content available on dClimate Inc. belongs to third parties (“Third Party Content”). You must check copyright notices on or in respect of individual Third-Party Content.

Date of Terms of Use: December 27, 2021