Terms and Conditions

Mammoth Climate - TERMS & CONDITIONS

Last updated: February 28th, 2025

1) CONTRACTUAL RELATIONSHIP

These Terms of Use (“Terms“) govern the access or use by you, a User (as defined below), and Mammoth Climate Inc., a private Canadian federal corporation, having its offices at 215 Spadina Avenue, Suite 400, Toronto, ON, M5T 2C7. (“Mammoth Climate“, “we“, “us” and “our“) and govern the access or use by you from within any part of Canada or the United States of America of the applications, websites, content, products, and services (the “Services“) made available by Mammoth Climate.

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.

Your access and use of the Services constitutes your acceptance of the agreement to be bound by these Terms, together with the privacy policy available at www.mammothclimate.io/privacy (“Privacy Policy”) and the rules, policies, terms and conditions set forth in, referred to and/or linked herein, all of which are incorporated herein by reference (collectively, the “Agreement“) and the acceptance of any person you purport to represent to be bound by the Agreement. This Agreement establishes a contractual relationship between you and Mammoth Climate regarding your accesses and use of the Services.

IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE SERVICES.

This Agreement expressly supersedes any and all prior agreements or arrangements between you and Mammoth Climate regarding the subject matter of these Terms. Mammoth Climate may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason. By accessing and using the Services, you acknowledge that you have read, understood, and agree to accept and be bound by the Terms. Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.

Mammoth Climate may, in its discretion, amend the Terms related to the Services from time to time. Amendments will be effective upon Mammoth Climate's posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service. Mammoth Climate recommends that you review the then current Terms each time that you access or use the Services as the Terms may have been modified since your last access. The most recent date on which the Terms were updated will be indicated above. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.

Our collection and use of personal information in connection with the Services is as provided in the Privacy Policy. Mammoth Climate may provide to a claims processor or an insurer any necessary information (including your contact information) if there is a complaint, dispute or conflict, which may include any damages or losses, involving any Users of the Services and such information or data is necessary to resolve the complaint, dispute or conflict.

2) THE SERVICES

The Services constitute a technology platform that enables users of Mammoth Climate's mobile applications or websites provided as part of the Services (each, an “Application” or “App“) to purchase a membership that estimates and offsets their personal carbon footprint and provides them with exclusive rewards from participating brand partners (the parties purchasing a membership are collectively referred to as “Users” and each is a “User”). Unless otherwise agreed by Mammoth Climate in a separate written agreement with you, the Services are made available to you, the User, solely for your personal, non-commercial use. You acknowledge that Mammoth Climate Inc. does not own or manage carbon offset projects in any manner and that all such carbon offset projects are provided by an independent third party who is not employed by Mammoth Climate or any of its affiliates.

3) LICENSE

Subject to your compliance with these Terms, Mammoth Climate grants you a limited, non-exclusive, revocable, non-sublicensable, non-transferrable license and right to: (a) access and use the Applications on your personal device solely in connection with your use of the Services; (b) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, non-commercial use, and (c) any intellectual property of Mammoth Climate in the furtherance of the license and right described in the subject matter of clause (a) and clause (b) above in this paragraph. Any rights not expressly granted herein are reserved by Mammoth Climate and Mammoth Climate's licensors.

License Restrictions.

You may not: (a) remove, alter, cover or obscure any confidentiality, trademark, logo, copyright, patent or other proprietary notices, legends, symbols or labels from any portion of the Services; (b) reverse engineer, decompile, or disassemble the Services except as may be permitted by applicable law; (c) link to, mirror or frame any portion of the Services, (d) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Mammoth Climate; (e) use any trademarks or copyrightable information of Mammoth Climate or its licensors in any way except as expressly provided herein; (f) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; (g) use the Services in any manner that conflicts with the license and rights granted herein; or (h) attempt, directly or indirectly, to gain unauthorized access to, or impair or interfere with, any aspect of the Services, including any security features of the Services, or its related systems or networks.

Ownership.

The Services and all rights therein are and shall remain Mammoth Climate's property or, as applicable, the property of Mammoth Climate's licensors. Neither this Agreement, these Terms nor your access or use of the Services convey or grant to you any rights: (a) in or related to the Services except for the limited license granted above; or (b) to use or reference in any manner Mammoth Climate's company names, logos, product and service names, trademarks or services marks or those of Mammoth Climate's licensors.

Third Party Services and Content.

The Services may be made available or accessed in connection with third party services and content (including advertising) that Mammoth Climate does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. Mammoth Climate does not endorse such third party services and content in any manner and Mammoth Climate shall not be responsible or liable for any services or products of such third party providers under any circumstance or in any manner. Additionally, Apple Inc., Alphabet Inc., Microsoft Corporation or other third party providers and/or their applicable international subsidiaries and affiliates will be third-party beneficiaries to this Agreement if you access the Services using Applications (or Apps) developed for Apple iOS, Android, Microsoft Windows, or other powered mobile devices, respectively. These third party beneficiaries are not parties to this Agreement and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary's terms of service.

4) YOUR USE OF THE SERVICES

Mammoth Climate offers information and a method to estimate and offset a User's carbon footprint and provide them with rewards at participating retail partners, but does not and does not intend to provide such offset or retail services or act in any way as an offset or retail service provider, and has no responsibility or liability for any offset or retail services and/or merchandise provided to the requester by retail partners, including a warranty or condition of purchased products. Mammoth Climate is not affiliated with, endorsed or sponsored by any third party merchandise provider or retailer.

Collection of your Personal Information.

You will be required complete a registration with us to access and use the Services. You will be required to provide certain personal information, including a name, email address, and address. You agree that such information will be true, accurate and complete, and that you will update this information promptly when it changes. If you provide any information that is untrue or inaccurate, not current, or incomplete, or if we suspect that your information is untrue or inaccurate, not current, or incomplete, we may, in our sole discretion, suspend or terminate your right to access the Services. Such information is required as part of our corporate internal verification of all Users and security purposes. Once Users are registered, we will email Users that they may use the Services. Any personally identifiable information collected, used, and disclosed hereunder will be subject to the terms of the Privacy Policy.

User Accounts.

In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account“). Account registration requires you to submit to Mammoth Climate certain personal information, such as your name, email address, and address, as well as at least one valid payment method (either a credit card or accepted payment partner). You agree that the information that you provide us regarding your Account will be entirely truthful and accurate. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or Mammoth Climate's termination of these Terms with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Mammoth Climate in writing, you may only possess one Account.

You will be asked to create a username and password in connection with such an Account. You are responsible for maintaining the confidentiality of the password and Account and are fully responsible for all activities that occur under your password or Account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security that you become aware of. Mammoth Climate cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 4 if such loss or damage could not have been prevented by reasonable precautions on our part.

User Requirements and Conduct.

You may not assign or otherwise transfer your Account to any other person or entity. You agree to use the Services for only lawful purposes and agree to comply with all applicable laws when accessing or using the Services. You will not, in your use of the Services, (a) cause nuisance, annoyance, inconvenience, or property damage, whether to our Brand Partners or any other service provider; or (b) use the Services (i) to solicit others to perform or participate in any unlawful acts; (ii) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (iii) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (iv) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (v) to submit false or misleading information; or (vi) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services. In certain instances you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.

Email Messaging.

By creating an Account, you agree that Mammoth Climate may send you email messages as part of the normal business operation of your use of the Services. You may opt-out of receiving email messages from Mammoth Climate at any time by emailing hello@mammothclimate.io or clicking 'Unsubscribe' in the footer of any of our email communications. You acknowledge that opting out of receiving email messages may impact your use, or continued use, of the Services.

Promotional Programs.

We may provide promotional programs from time-to-time for the Users and we will notify the Users of such promotional programs via email and or code on the App.

Network Access and Devices. You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Mammoth Climate does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

5) PAYMENT

You understand that use of the Services may result in charges to you for the Services you receive from Mammoth Climate (“Charges“). You will be required to pay the Charges, and any applicable harmonized sales taxes (“HST“) required by law shall be included in the Charges. You will pay the full amount payable to Mammoth Climate through our third party service provider's payment gateway platform. We will notify You of the Charges applicable to Our Service.

Payment processing services for you, the Account holder under this Agreement, are provided by Stripe (“Stripe”) and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, Stripe Connected Account Agreement and Stripe Terms of Service are the “Stripe Services Agreement”). By agreeing to this Agreement or continuing to operate as an Account holder under this Agreement, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of the App enabling payment processing services through Stripe, you agree to provide Mammoth Climate with accurate and complete information about you and your business, and you authorize Mammoth Climate to share it and transaction information related to your use of the payment processing services provided by Mammoth Climate.

All Charges are due immediately and payment will be facilitated by Mammoth Climate using the preferred payment method designated in your Account, after which Mammoth Climate will send you a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Mammoth Climate may, use a secondary payment method in your Account, if available, failing which your Account will be suspended until we receive an updated valid Account payment method.

As between you and Mammoth Climate, Mammoth Climate reserves the right to establish, remove and/or revise Charges for any or all Services obtained through the use of the Services at any time in Mammoth Climate's sole discretion.

6) CANCELLATION

Requests for Mammoth Climate Services may be canceled by Users at any time, and will immediately be unable to use our Services. A User can cancel their services with Carbon Neutral Club by logging into the Mammoth Climate dashboard, or by contacting hello@mammothclimate.io. A user can continue with Our Services by registering again on www.mammothclimate.io.

7) USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (a) to maintain any comments in confidence; (b) to pay compensation for any comments; or (c) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the website or the services obtained therefrom. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

8) CONFIDENTIALITY (Internet and Email) AND PERSONAL INFORMATION

Mammoth Climate cannot ensure the privacy and authenticity of any information you send to us or that we send to you over the Internet. Mammoth Climate will not be responsible for any losses or damages you may incur if you communicate confidential information to us over the internet or if we communicate such information to you at your request. Email over the Internet is not a secure medium and privacy cannot be assured. Email communication is not confidential, is subject to possible interception or loss, and is also subject to possible alteration. Mammoth Climate is not responsible for and will not be liable for any loss or damages in connection with an email containing personal or confidential information sent by you to Mammoth Climate, or an email by Mammoth Climate to you at your request.

The transmission of data or information over the Internet or other forms of networks may not be secure, and is subject to possible loss, interception or alteration while in transit. Mammoth Climate cannot guarantee the security of any communication to or from the website. Mammoth Climate does not assume any liability for any damage you may experience or costs you may incur as a result of any electronic transmissions over the Internet, other forms of networks or otherwise while using the website. Any personal information (as such term is described in our Privacy Policy) is governed by our Privacy Policy.

9) ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site that contains typographical errors, inaccuracies or omissions that may relate to the Services. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in this website or any products or services obtained therefrom is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Services, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in these Terms or on any related website, should be taken to indicate that all information in these Terms or on any related website has been modified or updated.

Downloading the content when accessing or using the Services is solely at your own risk. Mammoth Climate cannot and does not guarantee or warrant that the content will be free of viruses, worms, trojan horses or disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your mobile device and you are responsible for the entire cost of any services, repairs or connections of and to your mobile device which may be necessary as a result of your use of the Services.

10) DISCLAIMERS; LIMITATION OF LIABILITY Disclaimer.

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” Mammoth Climate DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, Mammoth Climate MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED OR ERROR-FREE, OR THAT THERE WILL BE NO DELAYS, FAILURES, ERRORS (INCLUDING TYPOGRAPHICAL) OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, THAT IT WILL BE SECURE, THAT NO VIRUSES OR OTHER CONTAMINATING OR DESTRUCTIVE PROPERTIES WILL BE TRANSMITTED OR THAT NO DAMAGE WILL OCCUR TO YOUR MOBILE DEVICE. YOU HAVE THE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT AND TO TAKE REASONABLE AND APPROPRIATE PRECAUTIONS TO SCAN FOR VIRUSES OR OTHER DESTRUCTIVE PROPERTIES. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

You agree that from time to time we may prevent you from accessing the Services and/or remove the Services thereon for indefinite periods of time or cancel the Services at any time, without notice to you. You expressly agree that your access and use of, or inability to use, the Services thereto is at your sole risk.

Limitation of Liability.

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU RELEASE Mammoth Climate FROM, AND IN NO EVENT SHALL Mammoth Climate BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR ANY DAMAGES OF ANY KIND, FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF USE, LOST DATA, PERSONAL INJURY, PROPERTY DAMAGE, FINES, FEES, PENALTIES OR OTHER LIABILITIES), WHETHER OR NOT Mammoth Climate OR ANY OTHER Mammoth Climate PARTY IS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF Mammoth Climate HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Mammoth Climate SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF Mammoth Climate HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Mammoth Climate SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND Mammoth Climate'S REASONABLE CONTROL. IN NO EVENT SHALL Mammoth Climate'S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED FIVE HUNDRED CANADIAN DOLLARS ($500). Mammoth Climate'S SERVICES MAY BE USED BY YOU TO REQUEST AND PURCHASE PRODUCTS OR SERVICES FROM BRAND PARTNERS OR OFFSET PROVIDERS, BUT YOU AGREE THAT Mammoth Climate HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY PRODUCTS OR SERVICES PROVIDED TO YOU BY BRAND PARTNERS OR OFFSET PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS. THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 12 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

11) INDEMNITY

As a condition of use of the Services, you agree to indemnify, defend and hold harmless Mammoth Climate and its successors in interest (collectively, the “Indemnified Parties” and each an “Indemnified Party“) from and all claims, demands, losses, liabilities, and expenses, including reasonable lawyers' and advisors' fees and costs, incurred or suffered by any of the Indemnified Parties in connection with, related to or arising out of: (a) your breach of the Agreement, these Terms or the documents they incorporate herein by reference; (b) your use of the Services or services or goods obtained through your use of the Services; (c) your violation of any law or the rights of a third-party, including Retail Partners and Offset Providers; or (d) Mammoth Climate's use of your User information in accordance with this Agreement. You agree to cooperate fully in Mammoth Climate's defense of any such claim. You agree that you will not in any event settle any matter involving Mammoth Climate, whether or not the settlement binds or is on behalf of Mammoth Climate, without the written consent of Mammoth Climate.

12) NOTICE

Mammoth Climate may give notice by means of a general notice on the Services, electronic mail to your email address associated with your Account, or by written communication sent to your address as set forth in your Account. You may give notice to Mammoth Climate as set out below in the Agreement.

13) GOVERNING LAW

Except as otherwise set forth in these Terms, these Terms shall be exclusively governed by and construed in accordance with the laws of the Province of Ontario, and any applicable federal law of Canada thereto.

14) INTELLECTUAL PROPERTY

All information provided or accessed through the Services and App is protected under the copyright laws of Canada and, as applicable, other countries. The information is for your personal, educational and non-commercial use only and may be used and reproduced provided that it is not modified and that you maintain all copyright and other notices contained in the App or accessed through the Services. The contents of the App or accessed through the Services may not be otherwise used, copied, redistributed, reproduced, republished, stored in any medium, retransmitted, modified or broadcasted, in any form.

Claims of Copyright Infringement.

Claims of copyright infringement or violation should be sent to us in accordance with our contact information below.

15) TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date of this Agreement shall survive the termination of this Agreement for all purposes.

You acknowledge and agree that Mammoth Climate may restrict, suspend or terminate your access to, and use of, all or any part of the Services, at any time, with or without cause, including, without limitation, any breach of the terms of the legal notices set out herein, in Mammoth Climate's absolute discretion and without prior notice or liability.

You may terminate this Agreement at any time by notifying us as described below that you cease to use Services.

16) GENERAL TERMS

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

You may not assign or transfer these Terms in whole or in part without Mammoth Climate's prior written approval. You give your approval to Mammoth Climate for it to assign or transfer these Terms in whole or in part, including to: (a) a subsidiary or affiliate; (b) an acquirer of Mammoth Climate's equity, business or assets; or (c) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, Mammoth Climate or any third party provider of Mammoth Climate as a result of the contract between you and Mammoth Climate or use of the Services.

If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. The Agreement constitutes the entire agreement between you and us regarding the subject matter set out in these Terms and governs your use of the Services and supersedes and replaces any and all prior or contemporaneous agreements, communications, undertakings and proposals, whether oral or written, between you and us regarding such subject matter. In these Terms, the words “including” and “include” mean “including, but not limited to”.

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

17) CONTACT INFORMATION

Questions about the Terms should be sent to us in writing by email at hello@mammothclimate.io.

This Agreement was last updated and is effective as of February 28th, 2025. © Mammoth Climate Inc. All rights reserved. Reproduction in whole or in part without permission is prohibited.