1. Introduction

These Terms of Services (“Terms”) are provided by Intree ApS, Amalievej 20, 1875 Frederiksberg C, Denmark, CVR 39016346 ("Intree,” “We," "Our," or "Us") and govern Your use of the Intree App, our Website located at https://intree.com, and any of our associated services ("Services," "App," "Intree App," or “Website”). When any user, both natural and legal persons, including all Organizations, Institutions, Businesses, or other entities, and all providers (“You,” “Users”) create an account on the Intree App or use the App and associated Services, You agree to abide by these Terms and comply with all applicable laws and regulations. Intree reserves the right to update or modify any of the following statements of the Terms as necessary, including but not limited to, changes of fees. Such changes will be communicated through the established notification methods outlined in these Terms. Any changes to these Terms will be effective immediately from the date of publication. Users are encouraged to stay informed about the latest fee structure and other provisions of these Terms to make informed decisions while using Intree Services. By participating in the purchase of access to content (“Treets”) provided by Communities (suppliers of “Passes” with “Treets”) through Intree Services on the Intree App, users also acknowledge and accept the terms outlined in these Terms. If You do not accept these Terms, You are prohibited from further usage of the App, Our Website, or any other Services provided by Us.

2. Intree's Right to Termination

Intree reserves the right to suspend any users or terminate any user's account if the user or the user account in any way violates or appears to violate these Terms or relevant laws. This includes the right to suspend or terminate a user's account and/or listings, transactions, account content, and more, if associated with the violating user or its account, for instance, if false information or invalid offers are disclosed.

2.1 App Store and Google Play Store

If You access or download the Intree App from:
Apple App Store: You agree to any Usage Rules set forth in the App Store Terms of Service.
Google Play Store: You agree to the Android, Google Inc. Terms and Conditions, including the Google Apps Terms of Service.

3. User Registrations

3.1 Minimum Age Requirement

You must be at least 18 years old to register/create an account or use any of Intree's Services. Intree disclaims liability in disputes involving a user who is under the minimum age requirement.

3.2 User Types

On Intree Services, users fall into three different categories: i) App User, ii) Hub User, and iii) Intree Insider.

App User: Users of the Intree App (“App users”) are individuals who participate in communities, interact socially, network, post content, and join interest-based communities. App Users access Treets by claiming Passes created by Hub Users, which may be free or set behind a paywall by the Hub User.

Hub User: Users with access to the website (“Hub user”) gain additional rights to create and manage Passes. Hub Users have the ability to set up communities, distribute Treets within those communities, and control whether a Pass requires a payment gate for access. Hub Users are the sole owners and managers of the communities and Passes they create on Intree's platform.

Intree Insider: Intree Insiders are verified users who work closely with Intree through an accelerated program. These users receive priority support and early access to new features. To become an Intree Insider users must successfully complete a verification process.

Only one user type per user profile is allowed unless verified as an Intree Insider by Us. You may only create one user account on Intree Services, which is strictly personal and may not be lent or shared with others. Intree disclaims any liability in disputes that arise from users' disclosure or lending of their account or access to others. However, if You are aware of or suspect that others have access to Your user account, you are obligated to report this to Us, regardless of how the access to Your account is gained. In these cases, Intree reserves the right to block the relevant user account.

3.3 Account Verification and Phone Number Usage

By creating an account on Intree, you agree to provide accurate and up-to-date information, including your phone number. In order to verify your identity and secure your account, we will share your phone number with Twilio, a trusted third-party service provider, to facilitate the process of sending you a One-Time Password (OTP) via SMS. This OTP will be required to complete the verification process.

By submitting your phone number, you consent to receive SMS messages from Twilio containing the OTP for verification purposes. Standard messaging rates may apply based on your carrier. Please note that your phone number will only be used for verification and account-related purposes and will not be shared for any other reason without your consent.

4. Pass Pricing Structure and Access

4.1 Hub User Subscription Plans

Hub Users can subscribe to various plans that allow them to create, manage, and distribute Passes within their communities. Each plan offers different features and capabilities, enabling Hub Users to choose the option that best fits their needs for community engagement and content distribution.

4.2 Pass Access for App Users

App Users can claim Passes created by Hub Users to access exclusive content or benefits ("Treets"). Passes may be offered for free or require payment, depending on the Hub User's preferences. Different Pass types provide varying levels of access and may include additional features or privileges.

4.3 Sharing Features

Certain Passes may include sharing capabilities, allowing App Users to share content with others within the platform. The availability and extent of sharing features are determined by the type of Pass and the settings configured by the Hub User.

5. Limitations of Use

The following provides a non-exhaustive list of violations that users of Intree Services understand and consent to not in any way engage in, promote, or facilitate on any of Our Services:

5.1 Personal Violations

Any illegal or fraudulent activities, such as:

• Violation of the rights of others, pursuant to human and legal rights in accordance with the European Union (“EU”) and national laws, including, but not limited to, the General Data Protection Regulation.
• Targeted harassment of others.
• Threatening, inciting, promoting, or actively encouraging violence, terrorism, or any other serious harm.
• Any content or activity that promotes or in any way presents child sexual exploitation or abuse.
• Sending or disseminating, or in any way disclosing other people's private and confidential information, such as credit card numbers or social security/national identity numbers, without their express authorization and consent, pursuant to EU and national data privacy regulations, including, but not limited to, the General Data Protection Regulation.
• Infringing patents, trademarks, trade secrets, copyrights, or any other proprietary or intellectual property rights.
• Distributing, publishing, sending, or facilitating the sending of unsolicited mass email or other messages, promotions, advertising, or solicitations (or "spam").
• Impersonating others in a manner that does or is intended to mislead, confuse, or deceive others.
• Removing, circumventing, disabling, damaging, or otherwise interfering with security features of the Intree Services, including any technical measures used to prevent or restrict unauthorized access, features that prevent or restrict use or copying of any content accessible through the Intree Services, or features that enforce limitations on the use of the Intree Services.

5.2 Technical Violations

Any illegal or fraudulent activities, such as:

• Modifying, copying, preparing derivative works of, decompiling, or reverse engineering the Intree App, associated Services, or any materials and software contained within Intree App or on our Website.
• Removing any copyright or other proprietary notations from Intree App, associated Services, Website, or any materials and software contained within Intree App or on our Website.
• Transferring Intree App or any of its associated materials to another person or "mirroring" the materials on any other server.
• Using Intree App or any of its associated Services in a way that abuses or disrupts our networks or any other Service Intree ApS provides.
• Harvesting, collecting, or gathering user data without the user's consent.
• Using Intree App or its associated Services in a way that may infringe the privacy, intellectual property rights, or other rights of third parties.
• Violating the security, integrity, or availability of any user, network, computer, or communications system, software application, or network or computing device.

6. Treets Sales Disclaimer

6.1 Intree's Intermediary Role

Intree facilitates the sale of Treets on the platform, acting as an intermediary connecting users with exclusive offers from providers. Intree functions as a platform for connecting users with Treets provided by third-party vendors. Intree is not the direct seller of these Treets but serves as an intermediary to facilitate the transaction between users and Communities. Intree thereby reserves the right not to be responsible or liable for any individual offers, content, and/or associated activities provided or carried out by third parties or users of Our Services, including the Intree App and Website.

Any disputes or concerns related to the purchase of Treets should be directed to the respective provider and/or community and possibly further to law enforcement. Intree will assist in facilitating communication between users and providers but We disclaim responsibility for the resolution of disputes.

Intree also encourages all users and providers offering Treets to comply with all relevant laws and regulations, including Danish law and/or EU regulations governing the sale of goods and services. Failure to comply may result in the removal by Intree of the provider's offerings from the platform.

6.2 Damages

Intree expressly disclaims any compensation or liability for indirect, incidental, consequential, or exemplary damages, including but not limited to, loss of profits, data, revenue, or business opportunities, regardless of whether these damages were foreseeable or if Intree had been advised of the possibilities of such damages as well as any impediment or delay in the performance of Users' obligations to each other. This limitation applies to damages arising from Your use of or reliance on the offers provided through Our platform, or from the interruption, suspension, or termination of Our Services (whether such was justified or not).

We encourage all users to perform due diligence and use their judgement when engaging with providers via our platform.

6.3 Provider Accountability

Providers offering Treets are responsible for the accuracy, quality, and legality of the products or services they provide. Intree does not assume liability for any issues, disputes, or damages arising from the purchase or use of Treets.

7. Trade Conditions

This section addresses the general terms for all transactions conducted with other users on Intree Services. In these transactions, Intree is not a contracting party. Intree, as a third party of trade activities despite them occurring via Intree Services, preserves the right to not engage in or solve disputes or conflicts relating to refunds or other trade-related issues between users and providers of Intree Services. Therefore, we highly recommend contacting the relevant contracting party directly if a purchase is invalid or deficient, and if necessary, law enforcement.

7.1 Right to Withdrawal

If a User has purchased access to a Pass of Treets and the offer to purchase has been accepted, it legally binds both parties of the trade. The right of withdrawal does not apply for purchases of Passes, given that Passes are considered access to unlock real-world benefits and access is provided immediately after a successful transaction.

Communities and Providers have the opportunity to withdraw Treets from Passes and to delete Treets if seen fit. However, Communities and Providers are obligated to uphold the agreement to other Users, defined as a Treet, as long as the Treet is deemed active on the platform and the User is able to redeem and use it.

7.2 Transparency

The description of offers and Passes supplied on Intree Services must always be described, promoted, and/or marketed as honestly and correctly as possible to not confuse buyer expectations or mislead the buyer's purchasing behavior.

The Pass providers determine whether the payment solution is by subscription or single purchase along with the pricing. It must also be clear whether the user's access to a certain Pass is based on i) subscription or ii) single purchase.

All Passes of Treets are subject to change, meaning that the contents and offers can vary within a Pass, including expiration dates per offer. Therefore, when purchasing, You must acknowledge and accept that the content of a Pass on the purchase date may not be the same afterward. The Pass owner (community) determines whether the payment solution is by subscription or single purchase along with the pricing of the Pass. Intree does not create Passes but merely serves as a marketplace. Thus, the operators on the platform who offer these Passes are responsible for the content.

7.3 Tax Reports

As a User, You are personally responsible for all legally required reporting to relevant tax authorities.

8. Community Hosting and Moderation Policy

Communities hosted on the Intree platform are responsible for content moderation. Communities and their selected moderators are responsible for ensuring that discussions and interactions align with community guidelines and the overall values of Intree, as expressed in the moderation policy on Intree.com. The primary liability for content within communities lies with the community itself. Intree acts as a facilitator, providing the platform and tools for community interactions. Communities must establish and enforce their guidelines to ensure a positive user experience.

By participating in communities hosted on the Intree platform, users acknowledge and accept the terms outlined in this Community Hosting and Moderation Policy. Intree ApS reserves the right to update or modify these terms as necessary and will communicate any changes through the established notification methods outlined in the Terms of Service.

8.1 Moderator Code of Conduct

Community moderators are expected to adhere to a code of conduct that promotes fairness, transparency, and respectful communication. Intree reserves the right to revoke moderation privileges in cases of misconduct.

8.2 User Reporting

While community moderators handle day-to-day moderation, users are encouraged to report any content or behavior that violates community guidelines.

Intree retains the right to take necessary actions, including content removal or community suspension, based on user reports and violations of our platform-wide policies. We are a platform that establishes relations, but We do not accept liability for any misuse of our platform or for any circumstances that a user has experienced on or as a result of our platform.

8.3 User Accountability

Users participating in communities are accountable for their actions and content contributions. Violations of community guidelines may result in warnings, suspensions, or removal from the community, depending on the severity of the breach.

Intree's Support: While communities manage day-to-day moderation, Intree will, within Our discretion, provide support in addressing escalated issues, enforcing platform-wide policies, and ensuring a consistent and positive user experience across all communities. Please use contact@intree.com for any questions, and report@intree.com for any violations on our platform.

9. Fees and Revenue Sharing

As a user of the Intree App and Intree's associated Services provided, it's essential to understand the financial aspects associated with the platform. This section outlines the fees applicable to users engaging in Treets sales and the revenue-sharing model employed by Intree.

9.1 Third-Party Processing Fee

It is crucial to note that the processing fee applied to Treets sales is imposed by a third-party payment service provider engaged by Intree. This fee is not directly determined or controlled by Intree but is an inherent part of using external payment processing services.

9.2 Platform Fee

In addition to the Treets sales processing fee, Intree charges a platform fee. This fee contributes to the overall maintenance, development, and enhancement of the Intree App and its associated Services. The platform fee is a percentage of the total transaction value and is deducted alongside the Treets sales processing fee.

Intree is committed to maintaining transparency regarding its fee structure. Users engaging in Treets sales will be informed of the applicable fees during the transaction process.

10. Payment and Payouts

Transactions in Intree Services occur via the Stripe payment gateway, which is PCI-certified and thereby compliant with Visa/Mastercard security standards. All transmissions are secured with SSL encryption.

Users engaging in Treets sales should be aware that the processing fee and platform fee are automatically deducted from the total transaction amount. Payouts to communities will be processed after the deduction of these fees, ensuring a seamless and transparent financial transaction process.

10.1 Payment Solutions

Users will encounter either i) subscription and ii) single purchase as possible payment solutions.

Subscription

Users pay a monthly fee to access a specific Pass that is continuously updated with new offers.

Single Purchase

Users gain access to a Pass with a one-time payment. Access to the Pass lasts for a specific duration, such as a week, which covers the period the user has paid for until the user's access expires.

When purchasing, in all cases, You agree to accept that the content of the Passes may vary. All Passes, no matter the payment type, cannot be refunded for concerns regarding the consistency or expectations of contents and offers. Users may opt-out of any subscription.

10.2 Acceptance of Fees

By participating in Treets sales on the Intree App, users acknowledge and accept the processing fee and platform fee outlined in this section. It is essential to carefully review the fee details before engaging in any transactions.

10.3 Fee Inquiries

For any questions or concerns related to these Terms of fees, users can contact Intree at info@intree.com. Intree is committed to providing support and clarification on fee-related matters to ensure a positive user experience.

11. Intellectual Property

The intellectual property in the materials in Intree App and on Our Website are owned by or licensed to Us. You may download the Intree App to view, use, and display the application on Your mobile device for Your personal use only. This constitutes the grant of a license, not a transfer of title. This license shall automatically terminate if You violate any of these restrictions or these Terms of Service and may be terminated by Intree aps at any time. Beware anything You post to Our platform, is subject to deletion, in case it infringes with any intellectual property right.

11.1 User-Generated Content

You retain Your intellectual property ownership rights over content You submit to Us for publication within the Intree App and/or on its corresponding Website. We will never claim ownership of Your content, but We do require a license from You in order to use it. When You use Intree App or its associated Services to post, upload, share, or otherwise transmit content covered by intellectual property rights, You grant to Us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, distribute, modify, run, copy, publicly display, translate, or otherwise create derivative works of Your content in a manner that is consistent with Your privacy preferences and our Privacy Policy. The license You grant Us can be terminated at any time by deleting Your content or account. However, to the extent that We (or Our partners) have used Your content in connection with commercial or sponsored content, the license will continue until the relevant commercial or post has been discontinued by Us. You give Us permission to use Your username and other identifying information associated with Your account in a manner that is consistent with Your privacy preferences, and Our Privacy Policy.

12. Availability of Intree Services

Intree does not commit to constant availability or access to our Services and cannot assure uninterrupted, timely, or error-free access to Our Services or its content. Intree strives to maintain continuous access to Intree Services and its content 24/7, barring unforeseen circumstances. Nevertheless, due to necessary technical maintenance or security measures, Intree might need to temporarily suspend access to Our Services, either in whole or partly, without prior notification. By agreeing to these Terms, Users also agree to accept potential disruptions.

12.1 Force Majeure

Intree reserves the right to not be liable for any failure to perform Our obligations if the failure is caused or provoked by occurrences beyond Our reasonable control. This includes, but is not limited to, natural disasters, war, labor disputes, or pandemics.

13. Applicable Law

These Terms are governed by and construed in accordance with Danish law and regulations within the scope of the European Union. These Terms are not subject to or governed by the United Nations Convention on Contracts for the International Sale of Goods.

14. Severance

Any term of these Terms of Service which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity of the remainder of these Terms is not affected.

15. Moderation Policy

Intree strives to maintain a safe, inclusive, and respectful environment for all users on our platform, and therefore has a strict no-tolerance policy on objectionable content and abusive Users. By accepting the Terms of Services, Users agree that violations of Intree's Moderation Policy may result in content removal, account suspension, or permanent banishment from the platform. In cases of criminal activity, Intree will cooperate with law enforcement requests for information. Users are encouraged to report instances of harmful behavior or content through varied reporting options on the app. All reports will be reviewed by the Intree moderation team and action will be taken upon these reported instances.

For more information on our Moderation Policy, please visit Intree Moderation Policy

16. Child Safety Standards

Intree is committed to taking measures to protect minors and prevent any form of Child Sexual Abuse and Exploitation (“CSAE”) on our platform. Please note that, in alignment with these standards, use of the Intree App and associated Services is restricted to individuals who are 18 years of age or older.

Published Standards

We explicitly prohibit CSAE in publicly accessible standards, including these Terms, community guidelines, or any other publicly available policy documentation. This prohibition extends to all content, communications, and user behavior on the Intree App, Website, or associated Services.

In-App Mechanism for User Feedback

We provide an in-app mechanism for users to submit feedback, concerns, or reports about any content or behavior they deem unacceptable or potentially harmful. Users are encouraged to utilize this reporting tool or contact us at report@intree.com if they suspect any CSAE-related activity or content on our platform.

Addressing CSAM

Upon obtaining actual knowledge of any Child Sexual Abuse Material (“CSAM”), we will take immediate and appropriate action, including but not limited to removing such content. We will also cooperate with relevant authorities and act in accordance with our published standards and applicable laws.

Compliance with Child Safety Laws

We maintain procedures to report any confirmed CSAM to the National Center for Missing and Exploited Children (NCMEC) or the relevant regional authority, as required by applicable laws and regulations. We are committed to cooperating fully with law enforcement in any investigations related to child safety.

Child Safety Point of Contact

Intree has designated a dedicated point of contact to receive potential notifications from Google Play and App Store about CSAE content found in our App or on our platform. This representative is positioned to speak to our enforcement and review procedures, and to take action when necessary.

Contact Person: COO William Wrede Elung-Jensen

Email: williamwej@intree.com

By using the Intree App and associated Services, you agree to abide by these Child Safety Standards and acknowledge our commitment to preventing all forms of child sexual exploitation and abuse. Any violation of these standards may lead to immediate suspension or termination of user accounts, as well as notification of relevant authorities when applicable.

Contact Information

For any inquiries regarding these Terms or other questions, please contact Intree at the following addresses: