Terms of Service

This Terms of Service (or this “Agreement”) is between “you” or “Customer” and OneCompostCan by Terra Preta LLC, a New Jersey limited liability company (the “Company”) for the compost collection service ordered by you (the “Compost Service”) and the subscription service ordered by you the “Services”.

SCOPE OF COMPOST SERVICE

1.1 Compost Service. Subject to the terms and conditions of this Agreement, the Company agrees to provide the Compost Service to Customer as detailed in your order. Each order shall specify the Compost Service contracted for and the applicable fees agreed.

1.2 Geographic Service Area. The Company shall only provide the Compost Service in the geographic service area, a description of which can be found at OneCompostCan.com (the web site, and any successor web site, the “Company Website”). The Company reserves the right to modify its geographic service area from time to time; provided that in the event a modification to the Compost Service area would cause the Compost Service to no longer be available to Customer, the Company shall provide Customer with written notice and reimburse Customer for any Compost Service paid for but not yet received.

USE OF THE COMPOST SERVICE

2.1 Responsibilities of the Company. The Company shall: (i) provide the Compost Service in manner consistent with general industry standards reasonably applicable to the provision thereof; (ii) provide container(s) (“Collection Container”) for Compost Service collection free of charge; (iii) replace the Collection Container with a clean Collection Container to the same location as found after emptying; and (iv) provide collection in accordance with the collection schedule. The collection schedule may be modified from time to time by the Company, provided that (x) collection shall occur 4 times a month for weekly and 2 times a month for bi-weekly and (y) the Company shall provide written notice to the Customer of any such modification.

2.2 Responsibilities of Customer. Customer shall: (i) be responsible for the storage of the Collection Container in between pickups; (ii) Collection Container are to be used only for the Compost Service; (iii) comply with all collection instructions provided by the Company on the Company Website or in such other documentation, including, but not limited to, instructions regarding the time, place and manner of making the Collection Container available for the Compost Service; and (iv) submit for collection only the compostable materials listed on the Company Website at OneCompostCan.com or in such other documentation provided by the Company (“Composting Guide”). The Customer acknowledges and agrees that the collection procedures and list of Composting Guide may be updated from time to time by the Company.

2.3 Limited License to Property. The Company shall have a limited license to enter the property of Customer (and if Customer is not the owner of such property, it shall obtain consent of such owner) for the sole purpose of providing the Compost Service. Although the Company intends to be respectful of landscaping on the property, it shall not be responsible for any damage to any landscaping on the property, except to the extent caused by Company’s gross negligence or intentional misconduct.

2.4 Nonconforming Waste. The Collection Container may only be used for the Composting Guide (as defined in Section 2.2). Material will be considered non-conforming if it has constituents, characteristics, components or properties not included in the definition of Composting Guide. All such materials will be referred to as “Non-Conforming Waste.” Customer shall retain title to and liability for all Non-Conforming Waste.

SUBSCRIPTION SERVICE

3.1 Subscription Plans; Continuous Subscription Plans; Cancellation Policy.

3.1.1 Subscription Plans. The Company offers different Subscription Services for certain composting, services. If your Subscription Plan changes, the applicable price for such Subscription Service may also change.. If the Company changes the prices it will notify you of such changes, such as by email or a notice posted on the Company Website.

3.1.2 Continuous Subscription Plans. WHEN YOU REGISTER FOR SUBSCRIPTION SERVICES, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT (A) THE COMPANY (OR OUR THIRD-PARTY PAYMENT PROCESSOR) IS AUTHORIZED TO CHARGE YOU ON A MONTHLY BASIS FOR YOUR SUBSCRIPTION PLAN.

3.1.3 Cancellation Policy. YOU MAY CANCEL YOUR SUBSCRIPTION PLAN ONLINE AT ANY TIME BY EMAILING INFO@ONECOMPOSTCAN.COM. In the event you cancel your Subscription Plan, please note that we may still send you promotional communications about certain Products or Subscription Services, unless you opt out of receiving those communications.

CUSTOMER ACCOUNT, FEES AND PAYMENT TERMS

4.1 Customer Account. Customer may create a customer account and sign up for the Services via the Company Website. You must complete an account profile on the Company Website before any Services can commence. By creating an account, you agree to (a) provide accurate, current and complete account information, (b) maintain and promptly update, as necessary, your account information, (c) maintain the security of your account credentials, (d) be responsible for the acts or omissions of any third party who has authority to access or use the Company Website on your behalf, and (e) immediately notify us if you discover or otherwise suspect any security breaches related to the Company Website or your account. By creating a customer account, you also consent to receive electronic communications from the Company (e.g., via email, text or by posting notices to the Company Website).

4.2 Service Fees. Customer agrees to pay all fees or charges to Customer’s account as specified in all orders made hereunder. By providing the Company with your credit card information, you authorize it to automatically charge your credit or debit card for charges that apply to your account. Customer is responsible for paying for the entire term of any order, whether or not the Services are actively used. Customer shall be responsible for paying for all lost, stolen, or damaged Collection Containers.

GENERAL PROVISIONS

5.1 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey without regard to the conflicts of law provisions thereof.