REUSO TECHNOLOGIES INC.

TERMS AND CONDITIONS OF USE

Last Updated: [4-22-24]

By using this platform or our services, you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use our services or our applicable platform, website, or application (collectively, the “Platform”).

1. This Terms and Conditions of Use Agreement (the “Agreement“) specifies the Terms and Conditions for access to and use of this Platform and our services at one or more events, restaurants, or locations, whether operated by us or a third party (the “Services”) and describes the terms and conditions applicable to your access of and use of the Platform and the Services. This Agreement may be modified at any time by REUSO Technologies Inc. (the “Company”) upon publication of the modified Agreement via the Platform. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at [www.reuso.io/terms]. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.
2. Your use of the Platform is also governed by our Privacy Policy. Please review our Privacy Policy at [www.reuso.io/privacy], which is incorporated by reference into this Agreement.
3. All content included on the Platform is and shall continue to be the property of the Company or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Platform is prohibited, except as expressly permitted in this Agreement. Any content contributed to the Platform by you (e.g., in connection with a contest, solicitation or social media activity) shall belong to the Company. If such a transfer of ownership is not possible, the Company shall automatically receive an irrevocable, perpetual, royalty-free license to use such content on the Platform and related marketing materials. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Platform.
4. Intended Audience. This Platform is intended only for use by adults, as such age is determined by the appropriate legal authority in the jurisdiction in which a user operates the Platform. Any user under the age of such legal majority may only use the Platform with the consent and direct supervision of their legal guardian. This Platform is not intended for any children under the age of 13. No individual under the applicable age of legal majority may submit personal information of any kind of the Platform.
5. REUSO™, and any other word or design marks of the Company, are either trademarks or registered trademarks of the Company. Other product and company names mentioned on this Platform may be trademarks of their respective owners.
6. Platform Use. The Company grants you a limited, revocable, nonexclusive license to use the Platform solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the Platform, reverse engineer, or break into the Platform, or use materials, products, or services in violation of any law. The use of the Platform is at the discretion of the Company and the Company may terminate your use of this Platform or the Services at any time.
7. Cost of the Services. We may charge you to access and use certain parts of the Platform or Services, including the REUSO Container Services (the “Container Services”). We reserve the right to modify or waive fees required to use certain parts of the Container Services. You are solely responsible for: (i) the price for any REUSO containers (each, a “Container”) that are not returned in accordance with our policies, and (ii) any late fees accrued by you due to late or lost items.
8. Pricing, Fees, and Payment Terms. Once charged for any Container, a payment cannot be reversed, and no refunds can be processed. You agree to pay all fees or charges to your account in accordance with the billing terms in effect at the time a fee or charge is due and payable. The Company reserves the right at any time to change its prices and billing methods by posting such information on our Platform.

Fees. By renting a Container subject this Agreement, you agree to rent a Container subject to a deposit equal to $8.00 USD ($1.00 USD of which will be charged as a service fee). You agree to pay all fees associated with your use of Containers (“collectively “Fees”). Except as otherwise set forth herein or agreed to by the Company, all Fees are non-refundable. Fees may be updated from time to time, including by temporary promotion, and may vary by the merchant or vendor assessing such Fees on REUSO’s behalf.

Billing and Payments.  By providing your credit or debit card information (or other payment method accepted by the Company from time to time) when you sign up, and as updated from time to time on your account (your “Payment Method”), you authorize the Company and/or our third-party payment processor to charge your Payment Method for your Container. If your Payment Method cannot be authorized or is otherwise in error, we may suspend or cancel your use of the Container Service. In the event of such failure of your Payment Method, we may take reasonable steps to retry your Payment Method. We may contact you to reconfirm or update your Payment Method. We are not responsible for any fees incurred by you when charging or retrying your Payment Method, including but not limited to, overdraft fees. You can update or change your Payment Method and other billing and payment account information by contacting the Company directly. We use a third-party payment service to process your Payment Method. We do not receive, store, or process your Payment Method. By submitting your Payment Method through the App, you agree that we may use a third party to receive, store and process your Payment Method. You further agree that we will not be responsible for any failures of the third party to adequately protect your Payment Method and other information in such third party’s possession. You agree that your provision of your Payment Method and other information to such third party is subject to the conditions of the third-party payment service provider’s terms of service and by providing your Payment Method and related information you agree to such third party’s terms and conditions of service. REUSO’s current third-party payment processor is Stripe, and their current privacy policy is available at https://stripe.com/privacy. You acknowledge that we may change the third-party payment service and move your information to other service providers that encrypt your information using industry standard security technology.

Returns. The Company will make space available at a given event for customers to receive and return Containers. You agree to return the Container(s) no later than the return date communicated by the Company at a given event. You agree to pay all fees associated with a late return or non-return of a Container. Further, the Company may utilize certain return points designated by drop boxes or at a partner restaurant. Regardless of the method of return specified at the time of your use of the Container Services, you agree to promptly return the Containers to the appropriate receptacle.

9. Late Fees. If you fail to return, lose, or are late to return a Container, a late fee (“Late Fee”) may be charged to your Payment Method. You agree to pay such Late Fees, up to an amount not exceeding 100% of the replacement value of the Container. If you have not returned a Container within the time communicated by the Company at the time of rental, you will reimburse the Company for the Container (which will not be considered a purchase subject to sales tax) and you authorize the Company to charge your Payment Method $7.00 USD in addition to the $ USD Service Fee (“Service Fee”), or deduct the same from any deposit already placed with the Company.
10. Prohibited Uses. You may use the Platform only for lawful purposes and in accordance with this Agreement. You agree not to use the Platform:
    • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
    • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
    • In any manner that discriminates on the basis of race, color, ethnicity, national origin, ancestry, religion, sex, gender, gender identity or expression, sexual orientation, age, military or veteran status, marital status, or disability;
    • In any manner that abuses, threatens, defames, libels, incites hatred or violence toward, victimizes, intimidates, or otherwise harasses any person or group of persons;
    • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation;
    • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or unique identifier associated with any of the foregoing); or
    • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform, or which, as determined by us, may harm the Company or the users of the Platform, or expose them to liability.

Additionally, you agree not to:

• Use the Platform in any manner that could disable, overburden, damage, or impair the Platform or interfere with any other party’s use of the Platform, including their ability to engage in real time activities through the Platform;
• Use any robot, spider, or other automatic device, process, or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform;
• Use any manual process to monitor, modify, or copy any of the material on the Platform, or for any other purpose not expressly authorized in these Terms and Conditions of Use, without our prior written consent;
• Use any device, software, or routine that interferes with the proper working of the Platform;
• Use the Platform for benchmarking, or to compile content for a competitive product or service;
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer, or database connected to the Platform;
• Take any action that may damage or falsify the Company’s or the Platform’s rating in any online marketplace;
• Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack; or
• Otherwise attempt to interfere with the proper working of the Platform.

11. Deactivation and Suspension. The Company may suspend your right to use the Platform pending its investigation of a potential breach by you of this Agreement. The Company may deactivate your account or limit your use of the Platform upon its determination that you breached a provision of this Agreement (a “User Breach”). The Company will provide you with written notice of its determination as required by law, unless we have reason to believe the User’s account has been compromised such that the notice would go to the wrong person, or notice would otherwise be counterproductive or would create a risk to safety.

If the Company suspends or deactivates your account or limits your use of the Platform pursuant to this Agreement, you are thereafter prohibited from registering and creating a new account under your name or business name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.

Even after your right to use the Platform is suspended, terminated, or limited, this Agreement will remain enforceable against you. The Company reserves the right to take appropriate legal action pursuant to this Agreement.

The Company reserves the right to modify or discontinue, temporarily or permanently, all or any portion of the Platform in its sole discretion. The Company will provide you with notice of any such modification or discontinuation as required by law. To the extent permitted by law, the Company shall not be liable to you for any modification or discontinuance of all or any portion of the Platform. The Company has the right to restrict anyone from completing registration if such person or entity may threaten the safety and integrity of the Platform, or if such restriction is necessary to address any other reasonable business concern.

12. Sanitization. Users of the Platform responsible for cleansing REUSO containers acknowledge, agree, and represent that they have complied with all applicable laws, requirements, codes, and standards of health, sanitization, and labor with respect to the intake, cleansing, inspection, and reuse of REUSO containers.
13. Compliance with Laws. You agree to comply with all applicable laws regarding your use of the Platform and Services. You further agree that information provided by you is truthful and accurate to the best of your knowledge.
14. You agree to indemnify, defend, and hold the Company and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Platform.
15. Use of Name & Likeness. By utilizing the Platform or Services, you hereby authorize the Company to use, reuse, and to grant others the right to use and reuse, your name, photograph, likeness (including caricature), voice, and biographical information, and any reproduction or simulation thereof, in any form of media or technology now known or hereafter developed, both during and after my employment, for any purposes related to the Company’s business, such as marketing, advertising, credits, and presentations.
16. Promotional Messages. By utilizing the Services and providing a valid phone number or email address in connection with the Services, you agree to receive email and text correspondence periodically from the Company. You can opt-out of receiving this communication at any time by clicking or replying with the applicable unsubscribe link.
17. THE INFORMATION ON THIS PLATFORM IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT USE OF THIS PLATFORM IS AT YOUR SOLE RISK. THE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE PLATFORM SHALL BE TO DISCONTINUE USING THE PLATFORM.
18. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL THE COMPANY BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE PLATFORM, THE SERVICES, YOUR PLATFORM USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE PLATFORM AND/OR CONTENT IS TO CEASE ALL OF YOUR PLATFORM USE.

You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.

19. Use of Information. The Company reserves the right, and you authorize us, to use and assign all information regarding Platform uses by you and all information provided by you in any manner consistent with our Privacy Policy.
20. Copyrights and Copyright Agent. If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our Copyright Agent:
    • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
    • A description of the copyrighted work that you claim has been infringed;
    • A description of where the material that you claim is infringing is located on the Platform;
    • Your address, telephone number, and e-mail address;
    • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
    • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Our Copyright Agent for Notice of claims of copyright infringement on the Platform may be reached by email at [[email protected]].

21. Applicable Law. You agree that the laws of the state of Illinois, without regard to conflicts of laws provisions will govern this Agreement and any dispute that may arise between you and the Company or its affiliates. As a condition of using the Services, you agree that any and all disputes which cannot be resolved between the parties and causes of action arising out of or connected with this Agreement, shall be resolved individually, without resort to any form of class action, exclusively before a court located in the State of Illinois having jurisdiction. Further, in any such dispute, under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim punitive, incidental, or consequential damages, including reasonable attorneys’ fees, other than your actual out-of-pocket expenses (i.e., costs associated with signing up for the Services), and you further waive all rights to have damages multiplied or increased.
22. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
23. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by the Company must be in writing and signed by an authorized representative of the Company.
24. The Company may terminate this Agreement at any time, with or without notice, for any reason.
25. Relationship of the Parties. Nothing contained in this Agreement or your use of the Platform or Services shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.
26. Entire Agreement. This Agreement constitutes the entire agreement between you and the Company and governs the terms and conditions of your use of the Platform and Services, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and the Company with respect to this Platform. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the Platform. The Company may revise these Terms and Conditions of Use at any time by updating this Agreement and posting it on the Platform. Accordingly, you should visit the Platform and review the Terms and Conditions of Use periodically to determine if any changes have been made. Your continued use of this Platform after any changes have been made to the Terms and Conditions of Use signifies and confirms your acceptance of any such changes or amendments to the Terms and Conditions of Use.
27. Contact Information.

REUSO Technologies Inc.

[email protected]