Terms & Conditions — Forestate Platform

Last updated: June 6, 2026

Forestate Technologies Inc. (“Forestate”, “we”, “us”, “our”) operates the Forestate Platform, a digital marketplace and management service that:

• Connects woodlot owners with certified foresters and logging contractors
• Facilitates forest management planning and documentation
• Manages intake forms and government program applications
• Enables contract negotiations between parties
• Provides end-to-end timber supply chain tracing
• Maintains forest inventory and harvest records

1. Agreement to Terms

By accessing or using Forestate (the “Service”), you agree to be bound by these Terms and Conditions and our Privacy Policy, which are incorporated herein by reference. If you do not agree to these Terms, you must not access or use the Service. Your continued use of the Service constitutes acceptance of these Terms and any future modifications.

2. Definitions

• Service: Forestate web and mobile applications, APIs, marketplace, and related services.
• User: any individual or entity using the Service.
• Content: user-submitted data, files, uploads, text, photos, maps, forest inventories.
• Marketplace: the platform component connecting woodlot owners with service providers.
• Listing: a contract opportunity or service offer posted on the Marketplace.
• Transaction: any agreement between Users facilitated through the Service.
• Parcel: a discrete unit of real property as identified by Property Identification Number (PID) in the GeoLinc registry.
• GeoLinc: GeoLinc Plus, the Government of Prince Edward Island’s online land-registry system.
• FEP: the Forest Enhancement Program administered by the Government of Prince Edward Island, including any forest management plan or other submission made under that program.

3. Eligibility

You must be at least 18 years old or the age of majority in your province/territory, whichever is higher, and able to form legally binding contracts. If you represent an organization, you confirm you have authority to bind that organization to these Terms.

4. Account registration & security

• You are responsible for accurate account information.
• Keep credentials confidential. You must notify us of unauthorized access.
• We may suspend or delete accounts for violation of these Terms or abuse.

5. License & ownership

• Our rights: Forestate and its licensors own all rights to the Service, software, designs, trademarks and documentation.
• Your rights: You retain ownership of Content you upload. By uploading Content you grant Forestate a non-exclusive, worldwide, royalty-free license to use, store, reproduce, display and transmit your Content to provide the Service and for backup and archival purposes.
• Feedback: If you provide feedback, you assign it to Forestate for any purpose.
• Foresters: For users who have entered into a Forester Master Services Agreement with Forestate, the licence applicable to Deliverables and submitted data is set out in that agreement and governs over this §5.

5.4 Forest Management Plans and Professional Work Product

Intellectual Property in Management Plans:

• Forest management plans and related professional services commissioned through the Marketplace are subject to the terms agreed between the parties.
• Unless otherwise specified in your contract, when you purchase a forest management plan, you acquire full intellectual property rights to that plan.
• Plans are property-specific and licensed for use on the property for which they were created only.

Professional Data and Work Product:

• Data and work product created by foresters, contractors, or service providers for you (timber cruise data, volume calculations, custom GIS shapefiles, maps, species assessments) are owned by you once delivered and paid for.
• Service providers retain the right to reuse methodologies, templates, and general approaches in their work for other clients.
• Service providers may not reuse property-specific data (your parcel boundaries, timber volumes, harvest records) for other clients without your consent.

Forestate-Generated Data and Analysis:

• Data and analysis generated by Forestate using automated systems, AI, satellite imagery analysis, or other platform tools remains the intellectual property of Forestate.
• You receive a non-exclusive license to use Forestate-generated data for your property management.
• Examples of Forestate-owned data: satellite-derived forest cover analysis, AI-generated volume estimates, platform-generated reports and visualizations.

Platform Templates and Tools:

• Form templates, data entry tools, and standardized formats provided by the platform remain Forestate’s intellectual property.
• Data you enter using these tools is owned by you (subject to Section 5 license grant).

Government Program Submissions:

• Forest management plans submitted to government programs may be subject to government data use policies.
• Submission does not transfer intellectual property rights but may grant the government rights to review, audit, and verify compliance.
• Government-accredited foresters (the 13 accredited professionals in PEI) create plans that meet program standards and are eligible for subsidies.

Third-Party Data:

• Forest management plans may incorporate third-party data (aerial imagery, provincial GIS data, LiDAR, base maps) that is subject to third-party license terms.
• See Section 21 for disclaimers regarding third-party data accuracy and licensing.

6. Acceptable Use Policy (AUP)

You must not:

• use the Service for unlawful, fraudulent, or malicious purposes,
• upload viruses, malware, or malicious scripts,
• infringe intellectual property or privacy of others,
• scrape, bulk-download, reverse-engineer, or otherwise extract data from the Service through automated means or in excess of normal interactive use (see §6.1),
• share others’ private data without consent.

We may investigate and take action for violations (e.g., suspend account, notify authorities).

6.1 Automated access and data collection

Public accessibility of any data through the Service — including, without limitation, the /explore parcel viewer and the public api-worker endpoints (/api/geodata/public/*, /api/geocode) — does not constitute consent, license, or authorization for the automated collection, bulk copying, indexing, aggregation, or commercial reuse of that data. Forestate retains all rights, including database and compilation rights, in the aggregated dataset it makes available through the Service.

Without limiting the foregoing, you must not:

• access the Service through scripts, scrapers, headless browsers, or other automated agents, except as expressly permitted by a written agreement with Forestate, a documented Forestate API authentication scheme, or the Service’s robots.txt where published;
• rotate IP addresses, user agents, sessions, or accounts to evade rate limits, access controls, geofences, or detection mechanisms;
• bulk-download, mirror, redistribute, republish, or commercialize data obtained from the Service, in whole or in part, whether or not that data is also available from a public registry;
• use the Service or data obtained from the Service to train, fine-tune, evaluate, or otherwise develop machine-learning models, generative AI systems, or competing datasets, without our prior written consent.

Forestate may, without notice, rate-limit, throttle, IP-block, geofence, suspend, or permanently terminate access to the Service, and may pursue any civil or criminal remedy available, including under sections 342.1 (unauthorized use of a computer system) and 430(1.1) (mischief in relation to computer data) of the Criminal Code of Canada, and under applicable copyright, database, and unfair-competition law. Forestate’s election not to enforce in any given instance does not waive its right to enforce subsequently.

7. Marketplace and Platform Services

7.1 Platform Role

• Forestate operates as a neutral platform facilitating connections between Users.
• We are not a party to any contracts, agreements, or transactions between Users.
• We do not guarantee the quality, legality, safety, or availability of services offered by Users.
• We do not act as an agent, representative, or fiduciary for any User.

7.2 User Vetting and Background Checks

• Forestate does not conduct background checks, credential verification, or vetting of Users.
• We do not verify:
  • Criminal history or background checks
  • Credit history or financial capacity
  • Insurance coverage, bonding, or financial guarantees
  • Professional licenses, certifications, or designations
  • References from past clients or employers
  • Equipment ownership or operational capacity
  • Work quality or past performance
• User profiles may contain self-reported information about experience, certifications, and services.
• We do not verify the accuracy of self-reported information.
• Users are solely responsible for conducting their own due diligence before entering agreements, including:
  • Verifying credentials and professional licenses
  • Checking references and past work
  • Confirming insurance coverage and reviewing policy details
  • Assessing financial capacity and bonding where appropriate
  • Verifying equipment ownership and operational readiness
• The presence of a User on the Marketplace does not constitute endorsement, recommendation, or guarantee of quality, reliability, or fitness for any purpose.

7.3 Data Visibility in Marketplace

When you create or respond to Listings:

• Your company name and contact information become visible to relevant parties.
• Woodlot boundaries, timber specifications, and access details may be shared as you specify.
• Property data is shared at the level of detail you choose.
• You can modify or remove Listings at any time.
• Other Users may retain information you previously shared.

7.4 User Disputes

• Disputes between Users must be resolved directly between the parties.
• We provide a report/flag system for Terms violations.
• We may suspend or terminate accounts for violations but are not obligated to mediate disputes.
• You release Forestate from all claims arising from User disputes.

7.5 No Protection Programs or Guarantees

• Forestate does not currently offer any guarantee, insurance, or protection program covering marketplace transactions or forestry operations.
• We do not guarantee payment, performance, or completion of contracts between Users.
• We strongly recommend that Users obtain appropriate insurance coverage including:
  • General liability insurance for forestry operations
  • Professional liability insurance for foresters
  • Workers’ compensation insurance where required
  • Property damage and timber value insurance
• We do not verify insurance coverage. Verification badges do not confirm current insurance status.
• Users are solely responsible for all risks associated with forestry operations and marketplace transactions, including but not limited to:
  • Timber theft or unauthorized harvesting
  • Property damage during harvesting operations
  • Contractor non-payment, bankruptcy, or abandonment of contracts
  • Professional errors or negligence by foresters (including erroneous management plans, species identification, or volume estimates)
  • Environmental violations or regulatory non-compliance
  • Equipment failure or operational delays
• You release Forestate from all liability for losses arising from these risks.

7.6 Contracts, Cancellations, and Anti-Circumvention

(a) Contract Formation.

• Contracts between Users are formed directly between the parties through the Marketplace.
• Forestate is not a party to any contracts and does not guarantee performance by either party.
• The platform provides communication tools for negotiating terms, but final agreements are between Users.

(b) Anti-Circumvention / Per-Listing Restriction.

• When you post a Listing on the Marketplace, you agree that if you receive proposals from service providers through the platform, you will not:
  1. Reject or ignore all proposals received through the platform, AND
  2. Engage any of those same service providers who responded to your Listing to perform the same work outside the platform
• This restriction applies for 24 months from the date of the Listing.
• The restriction is specific to the work described in that Listing (e.g., forest management plan, timber harvest, silviculture services).
• Unrelated work is permitted: You may engage the same service providers for different services or different properties without restriction.
• Example: If you post a Listing for a forest management plan and receive proposals from three foresters, you may not reject all three and then hire one of them off-platform for that management plan. However, you may later hire any of them for logging services (on or off platform) or for a management plan on a different property.

(c) Pre-Existing Relationships.

• Relationships between a Landowner and a service provider that were established before the Landowner posted the relevant Listing are not subject to the anti-circumvention restriction in this §7.6, provided the service provider discloses that pre-existing relationship — either in their platform profile before responding to the Listing, or promptly upon responding to the Listing if not already on file. Service providers who fail to make timely disclosure may not rely on this carve-out.

(d) Payments.

• Payments between Users are processed through Stripe Connect.
• Forestate collects a commission on marketplace transactions as specified in your subscription agreement.
• Platform commissions are non-refundable regardless of contract performance or cancellation.

(e) Contract Modifications.

• Users may negotiate changes to contract scope, volume, pricing, or timeline using the platform’s communication tools.
• All modifications should be documented through the platform to maintain transaction records.
• Forestate is not responsible for enforcing modified terms.

(f) Contract Cancellations.

• Cancellations between Users must be handled directly between the parties.
• Forestate does not mediate cancellation disputes or refund negotiations.
• Subscription fees and platform commissions are not refundable due to contract cancellations, disputes, or performance issues.
• Users should establish clear cancellation terms in their agreements, including:
  • Notice periods required for cancellation
  • Refund terms for deposits or partial work
  • Allocation of costs incurred prior to cancellation
  • Completion of work already started

(g) Force Majeure Events. Users acknowledge that forestry contracts may be delayed or cancelled due to events beyond their control, including:

• Wildfires, hurricanes, ice storms, floods, or other natural disasters
• Emergency Species at Risk Act protection orders or regulatory moratoria
• Sudden regulatory changes prohibiting or restricting harvest activities
• Impassable road conditions, bridge failures, or infrastructure damage
• Pest or disease outbreaks requiring quarantine measures
• Government-imposed restrictions or emergency orders

Neither User shall be liable for delays or failures caused by force majeure events. Disputes over force majeure impacts must be resolved between the contracting parties.

(h) Dispute Resolution Between Users.

• Contract disputes (payment, quality, timeliness, scope) are the sole responsibility of the contracting parties.
• The platform provides a reporting mechanism for Terms violations, but does not arbitrate contract disputes.
• Users are encouraged to include dispute resolution procedures (mediation, arbitration) in their contracts.
• You release Forestate from all claims arising from contract disputes with other Users.

(i) Violations and Enforcement.

• Circumventing the platform to avoid commissions is a material breach of these Terms and may result in:
  • Account suspension or termination
  • Legal action to recover owed commissions
  • Permanent ban from the Service
• We may investigate suspected circumvention based on user reports or other evidence.

7.7 Parcel Claims, Ownership, and Identity

Forestate organizes parcels into one or more claim states. You create a claim on a parcel by submitting it to your account through the Service — currently, through the “Add a Woodlot” interface, or any successor, replacement, or equivalent flow provided by the Service through which you affirm a connection between yourself and the parcel. Browsing aggregated parcel data through /explore or equivalent public-discovery surfaces does not, by itself, constitute a claim.

A claim may be verified through one or more claim verification paths that Forestate may make available from time to time, including, without limitation: forester site-visit attestation, FEP-representative approval, Forestate administrative review of GeoLinc registry records, document upload, and verification codes received by mail at the registered mailing address. A claim that has not cleared any such path is unverified.

Forestate may, at its sole discretion and without notice, introduce, modify, rename, or retire additional claim states (for example, a non-asserting “watchlist” or “tracked” state in which a User follows a parcel without representing a connection to it). Where such non-asserting states are introduced, the representations and warranties in subsection (a) apply only to states in which the User asserts a connection to the parcel.

Commercial actions — including forest management plan contracts, harvest listings, FEP submissions, payouts, and any other transaction that creates legal or financial exposure to a counterparty — are reserved to verified claims. The verification requirement is a contractual obligation independent of any technical control by which Forestate may enforce it; the absence, failure, or circumvention of such a control does not constitute consent, waiver, license, or authorization to take a reserved action.

(a) Representations and warranties. Each time you submit, escalate, or maintain a claim on a parcel, you represent and warrant — as a continuing representation, true at the time made and at all times thereafter for so long as the claim remains active — that:

1. you are the registered owner of the parcel as recorded in the GeoLinc registry, or you hold explicit, current, written authority from the registered owner to claim, manage, and transact on the parcel through the Service;
2. you are the natural person, or an authorized officer of the entity, identified in your Forestate account, and you are not acting under a stolen, assumed, fabricated, or impersonated identity;
3. any documentation you submit in support of the claim — including deeds, survey plans, agency letters, photographs, and verification codes received by mail — is authentic, unaltered, and current; and
4. you will promptly update or withdraw the claim if any of the foregoing ceases to be true, including upon sale or transfer of the parcel, expiry of agency authority, death of the registered owner, or any change in ownership recorded in the GeoLinc registry.

(b) Identity — allocation of risk. Forestate’s claim verification paths confirm that a parcel is owned by a specific named individual or entity of record. They do not confirm that the User who created or controls the Forestate account is in fact that named individual or entity. You acknowledge and agree that the integrity of your identity assertion is your sole responsibility, and that Forestate, the registered owner of record, and any counterparty are entitled to rely on it without further inquiry. Misrepresentation of identity in connection with a claim — including impersonation of a registered owner — is fraud, and may constitute identity fraud or fraud under sections 380 and 403 of the Criminal Code of Canada.

(c) Voidability of downstream agreements. Any Listing, contract, FEP submission, harvest authorization, payout instruction, or government submission obtained or executed, in whole or in part, on the basis of a claim that breaches subsection (a) is voidable at the election of Forestate, the registered owner of record, or any affected counterparty. Voidance does not relieve the breaching User of liability for damages, restitution, indemnification, disgorgement of proceeds, or any other remedy arising out of or in connection with the false claim.

(d) Consequences. Upon a determination by Forestate, acting reasonably, that a claim breaches subsection (a), Forestate may, at its sole discretion and without prior notice, take any one or more of the following actions, which are cumulative and not exclusive:

• revoke the User’s claim and remove the parcel from the User’s account, returning the parcel to an unclaimed state;
• suspend, void, or unwind any Listing, contract, transaction, or government submission predicated on the claim, and refund or reverse any payment to the affected counterparty, with the breaching User remaining liable to Forestate for the full amount of any such refund or reversal plus reasonable costs of recovery, including legal fees on a solicitor-and-own-client basis;
• declare forfeit any platform fees, marketplace commissions, or subscription amounts paid by the breaching User in connection with the parcel, on a non-refundable basis, without affecting any other remedy;
• suspend or terminate the User’s account, bar the User from re-registering, and decline to do business with the User and its affiliates;
• notify the registered owner of record, the GeoLinc registry administrator, the Government of Prince Edward Island (or other relevant provincial authority), any forester, contractor, or other counterparty, and, where the conduct appears criminal, the Royal Canadian Mounted Police or other appropriate law-enforcement agency; and
• commence or join civil or criminal proceedings to obtain damages, restitution, disgorgement, injunctive relief, and recovery of legal costs.

Forestate will use commercially reasonable efforts to notify the registered owner of record upon determining that a claim breaches subsection (a).

(e) Third-party beneficiaries — registered owner of record and counterparties. This Section 7.7, and the indemnification in Section 13, are intended to, and do, confer enforceable rights upon (i) the registered owner of record of any parcel claimed in breach of subsection (a), and (ii) any forester, contractor, or other counterparty harmed by such a claim. Such registered owner and counterparty may enforce subsections (a) through (d) of this Section, and the indemnification in Section 13, directly against the breaching User, to the fullest extent permitted by applicable law, as if a party to these Terms. Forestate may, at its option, assign its rights under this Section or under Section 13 to such registered owner or counterparty.

(f) Cooperation. You agree to cooperate fully and in good faith with any reasonable investigation by Forestate, the registered owner of record, an affected counterparty, or a law-enforcement, regulatory, or registry authority into the validity of a claim, including by producing, on request, government-issued identification, agency or power-of-attorney documentation, registry records, and correspondence relevant to the claim. Failure or refusal to cooperate is independent grounds for immediate suspension or termination under this Section and may support an inference that the claim was made in breach of subsection (a).

(g) Identity verification. Forestate may, at any time and from time to time, require any User to complete identity verification — including, without limitation, government-issued identification verification through a third-party provider such as Stripe Identity — as a condition of (i) creating, maintaining, or escalating a claim, (ii) initiating or completing a commercial action (and Forestate may make completed identity verification a prerequisite to specified commercial actions, including harvest operations and payouts), or (iii) continued access to specified features of the Service. Failure or refusal to complete required identity verification within a reasonable period following request is independent grounds for downgrade of a claim, suspension or termination of the account, or refusal to process a commercial action.

(h) Survival. The representations and warranties in subsection (a), and the rights and remedies in subsections (b) through (g), survive the termination of your account, the revocation or downgrade of any claim, and the voidance of any contract, and apply to claims made at any time during your use of the Service.

For the indemnification consequences of a false claim, see Section 13. Claims arising under this Section 7.7 are not subject to the time limitation in Section 16.3.

8. Submissions to third parties (e.g., government programs)

When you choose to submit your application or data to a government or partner program through the Service:

• You authorize Forestate to transmit the data on your behalf.
• We will only submit data with your explicit consent.
• We store consent records (timestamp, account, IP address).
• You remain responsible for data accuracy and meeting program deadlines.
• We do not guarantee successful submission or program acceptance.
• Rejection of applications is not grounds for refunds or claims against Forestate.

9. Fees & payment

Subscription Fees:

• Subscription fees, payment frequency and billing terms are displayed on the site.
• Subscription payments are processed by Stripe; you agree to their terms of service.
• Refund policy for subscriptions:
  • All subscription fees are non-refundable once paid.
  • No refunds for partial periods, unused time, or account termination.
  • Service credits may be issued for extended outages exceeding 24 consecutive hours at our sole discretion.
  • Once data is submitted to government programs, no refunds under any circumstances.

Marketplace Transaction Fees:

• Marketplace transactions between Users are processed through Stripe Connect.
• Forestate charges a commission on marketplace transactions, as specified in your account agreement or pricing page.
• The commission is collected as part of the payment transaction and covers platform services, payment processing, and transaction support.
• Transaction fees and commissions are non-refundable, regardless of:
  • Contract performance issues, disputes, or cancellations
  • Work quality or completion status
  • Chargebacks or payment disputes between Users

Tax Responsibility:

• Users are solely responsible for all tax reporting and remittance related to their marketplace transactions.
• Forestate provides transaction history and records for your tax reporting purposes.
• We do not withhold taxes from payments or issue tax forms (consult your accountant for reporting requirements).
• GST/HST collection and remittance is the responsibility of the service provider, not Forestate.

Payment Disputes and Chargebacks:

• Payment disputes between Users must be resolved directly between the parties.
• Chargeback requests are handled through Stripe’s dispute resolution process.
• Detailed payment terms, escrow policies, and dispute resolution procedures will be provided when marketplace payment features launch.
• We reserve the right to update payment terms and commission structures with 30 days’ notice.

10. Service modifications & availability

• We may modify, discontinue, or restrict features at any time.
• We aim for high availability but provide the Service “as is” without uptime guarantee.

11. Disclaimers

11.1 General Disclaimers

• The Service is provided “as is” and “as available”.
• Forestate does not provide professional forestry, legal, environmental, or financial advice.
• Any reports, suggestions, or calculations are informational only.
• For authoritative advice, consult licensed professionals.

11.2 Data Accuracy

• We are not responsible for the accuracy of third-party data (maps, GIS data, parcel boundaries).
• Property boundaries shown are approximate; users must verify through surveys.
• Forest inventory estimates are not guaranteed; actual volumes may vary.
• Users must independently verify all data before making business decisions.

11.3 Regulatory Compliance

Users are solely responsible for compliance with:

• Provincial and federal forestry regulations
• Environmental protection laws and the Species at Risk Act
• Municipal bylaws and zoning requirements
• First Nations consultation requirements where applicable
• Timber marking and scaling regulations
• All required permits and authorizations

11.4 Marketplace Disclaimers

• We do not verify insurance, bonding, or financial capacity of contractors.
• We do not guarantee contractor availability, performance, or work quality.
• We are not responsible for failed transactions, timber value losses, or contract disputes.
• Carbon credit rights and ownership remain between contracting parties.

12. Limitation of liability

To the maximum extent permitted by law:

• Forestate’s liability to you for any claim arising from these Terms is limited to the greater of (a) the fees you paid in the 12 months prior to the claim, or (b) CAD $100.
• For users who have entered into a Forester Master Services Agreement with Forestate, the liability cap applicable to the Forester-Forestate relationship is set out in that agreement and governs over this §12 to the extent of any conflict.
• We are not liable for indirect, consequential, incidental, punitive or special damages, loss of profits, data loss, business interruption, or timber value losses.
• We are not liable for any damages arising from User-to-User transactions, including but not limited to failed harvests, contract breaches, property damage, or personal injury.
• Our liability for Marketplace activities is limited to the subscription fees paid, regardless of transaction values.

12.5 Forestry-Specific Liability Exclusions

In addition to the general limitations above, Forestate is specifically not liable for:

Timber Volume and Value:

• Actual timber volumes being lower than estimated in forest inventories or management plans
• Species misidentification or incorrect species composition estimates
• Timber quality grades being lower than expected (e.g., grade 1 vs. grade 3 sawlogs)
• Market price changes between estimate preparation and actual harvest
• Differences between standing volume and delivered volume due to breakage, defect, or scaling methods
• Overestimation of merchantable volume or underestimation of cull/waste

Property Boundaries and Surveys:

• Inaccuracies in GIS-derived property boundaries or parcel data
• Timber harvested on incorrect property due to boundary disputes or surveying errors
• Missing, damaged, or incorrectly placed survey monuments
• Disputes with neighboring property owners over boundary locations
• Encroachments, easements, or rights-of-way affecting property access or timber rights
• Unregistered interests or claims affecting property ownership

Access and Operational Issues:

• Road conditions making property inaccessible (washouts, weight restrictions, seasonal closures)
• Equipment unable to access harvest sites due to terrain, gates, or infrastructure limitations
• Ground conditions unsuitable for harvesting operations (excessive wetness, steep slopes, unstable soil)
• Weather delays, seasonal restrictions, or force majeure events
• Utility line conflicts, pipeline easements, or infrastructure obstructions
• Insufficient landing area or log sorting space

Environmental Damage:

• Soil compaction, rutting, or erosion caused by harvesting equipment
• Sedimentation of watercourses or wetlands
• Damage to residual trees (crop trees, seed trees, or leave trees)
• Wildlife habitat disruption or disturbance to Species at Risk
• Spread of invasive species or forest pests via equipment
• Aesthetic or visual impact of harvesting operations

Market and Economic Losses:

• Timber market price fluctuations or market downturns
• Mill closures, buyer bankruptcy, or lack of available buyers
• Transportation cost increases (fuel, trucking rates, road tolls)
• Currency exchange rate fluctuations affecting cross-border sales
• Changes in demand for specific species or products
• Delays in payment from buyers or contractors

Contractor Performance:

• Poor harvesting practices, non-compliance with management plans, or violations of Best Management Practices
• Abandonment of contracts or incomplete harvesting operations
• Damage to roads, infrastructure, or neighboring properties
• Failure to clean up slash, debris, or equipment
• Unpaid stumpage fees, permits, or regulatory penalties
• Worker injuries or fatalities during operations

Professional Services:

• Errors or omissions in forest management plans prepared by foresters
• Inaccurate timber cruises, inventory assessments, or growth projections
• Failure to identify environmental constraints or regulatory requirements
• Inadequate silviculture prescriptions or regeneration plans
• Conflicts of interest or professional negligence by service providers

Users acknowledge these risks are inherent to forestry operations and marketplace transactions, and agree to hold Forestate harmless for any losses arising from these circumstances.

13. Indemnification

You agree to indemnify and hold Forestate and its officers, directors, employees, and agents harmless from all claims, damages, losses, liabilities and expenses (including legal fees) arising from:

• Your Content or use of the Service
• Violation of these Terms or applicable laws
• Disputes with other Users
• Failed timber transactions or forestry operations
• Incorrect forest management data or regulatory non-compliance
• Any contracts or agreements you enter through the Marketplace
• False or unauthorized parcel claims — including any claim, listing, contract, harvest, payout, or government submission made on a parcel you do not own or are not authorized to act for, whether the misrepresentation concerns ownership, authority, or your identity (see Section 7.7). You will indemnify Forestate, the registered owner of record, and any forester or contractor counterparty for all losses arising from such claims.

14. Termination

• You can delete your account at any time via account settings.
• We may suspend or terminate accounts for breach or lawful reason.
• On termination, outstanding fees remain due; we may retain certain data as required by law or our retention policy.

15. Intellectual Property complaints (DMCA/copyright)

Provide a process to report infringement:

• Copyright agent: [email protected]
• Include identification of copyrighted work, infringing URL, your contact, good-faith statement, and signature.

16. Governing law & disputes

16.1 Governing Law

These Terms are governed by the laws of Prince Edward Island, Canada, without regard to conflict of law principles.

16.2 Dispute Resolution

Step 1: Informal Resolution (Required)

• Before initiating formal proceedings, you must first attempt to resolve disputes informally by contacting us at [email protected].
• Provide a clear description of the dispute, your contact information, and the resolution you seek.
• We will attempt good-faith informal resolution for 30 days.
• Both parties must make reasonable efforts to resolve the dispute during this period.
• This Step 1 does not limit Forestate’s right to take immediate action under Section 7.7(d) or Section 6.1.

Step 2: Mediation (Optional)

• If informal resolution fails, either party may request non-binding mediation before proceeding to court.
• Mediation request must be made in writing within 15 days of failed informal resolution.
• Parties may attempt mediation once per dispute.
• Mediation will be conducted:
  • In Charlottetown, Prince Edward Island, or
  • Remotely via video conference if both parties agree
• The parties will jointly select a mediator, or if they cannot agree, each party will propose one mediator and those two will select a third.
• Mediator fees and costs will be allocated by the court if the dispute proceeds to litigation, or split equally if the dispute settles in mediation without subsequent court proceedings.
• Mediation is not mandatory; either party may decline and proceed directly to court.
• Mediation must conclude within 90 days unless both parties agree to extend.

Step 3: Formal Proceedings

• If informal resolution and mediation (if attempted) do not resolve the dispute, disputes will be subject to the exclusive jurisdiction of the courts in Charlottetown, Prince Edward Island.
• Each party is responsible for their own legal costs unless the court orders otherwise.
• The prevailing party may seek recovery of reasonable legal fees and costs at the court’s discretion.

Class Action Waiver:

• To the extent permitted by law, you waive any right to bring claims on a class or representative basis.

16.3 Time Limitation

You must bring any claim within one year after the cause of action arises. This limitation does not apply to claims arising under Section 7.7 (Parcel Claims, Ownership, and Identity); such claims may be brought within the time permitted by applicable law, with discovery rules applied as provided by statute.

17. Changes to Terms

We may update Terms from time to time. Material changes notified via email or in-app notice; continuing to use the Service after notice means you accept updated Terms.

18. Miscellaneous

• Severability: If any part is invalid, remaining Terms still apply.
• Waiver: Failure to enforce a right is not a waiver.
• Assignment: We may assign our rights; you may not without consent.
• Entire Agreement: These Terms, together with any role-specific agreements you have entered into with Forestate (including the Forester Master Services Agreement, any Work Orders, and the FEP Service Authorization Agreement, as applicable), constitute the entire agreement between you and Forestate with respect to the Platform and supersede all prior or contemporaneous agreements, representations, and understandings on those subjects. In the event of a conflict, the order of precedence set out in the Forester Master Services Agreement §8.3 applies.
• Force Majeure: We are not liable for delays or failures due to causes beyond our reasonable control.

19. Contact

[email protected] Forestate Technologies Inc. 409 Jenkins Rd. Marshfield, PE C1C 0J7

20. Environmental and Regulatory Compliance

20.1 Government Forestry Program

• The Forestate Platform is designed to support a government-administered forestry program that requires:
  • Forest management plans prepared by government-accredited foresters
  • Compliance with provincial forestry practice standards
  • Government approval before subsidy disbursement
• However: Forestate does not guarantee that following this government program satisfies all applicable laws.
• You remain solely responsible for compliance with all federal, provincial, and municipal laws, even if your forest management plan has been approved by government authorities.

20.2 Service Area

• The Service currently operates primarily in Prince Edward Island.
• Forestry regulations, permit requirements, and program rules for other provinces are not supported at this time.
• Do not use the Service for forestry operations outside Prince Edward Island without independently verifying compliance with local regulations.

20.3 User Responsibility for Compliance

You are solely responsible for ensuring compliance with all applicable laws and regulations, including but not limited to:

Federal Laws:

• Species at Risk Act (SARA) - habitat assessments and protection requirements
• Fisheries Act - watercourse protection and habitat conservation
• Migratory Birds Convention Act - nesting season restrictions
• Canadian Environmental Assessment Act - environmental impact assessments where required

Provincial Laws:

• PEI Forest Management Act and regulations
• Environmental Protection Act
• Watercourse and Wetland Protection Regulations
• Archaeological Sites Protection Act

Municipal Requirements:

• Zoning bylaws and land use restrictions
• Road use agreements and weight restrictions
• Noise and operating hour bylaws

20.4 First Nations Consultation

• Users must independently determine whether First Nations consultation is required for their forestry operations.
• Consultation may be required even on private land if operations could affect treaty rights, traditional uses, or claimed territory.
• We do not provide legal advice on Aboriginal rights, treaty obligations, or consultation requirements.
• Failure to consult where required may result in harvesting delays, legal injunctions, or legal action.
• You indemnify Forestate for all claims arising from consultation failures.

20.5 Permits and Approvals

• Forest management plans prepared through the government program address permit requirements as part of the planning process.
• If you use the Marketplace to find contractors WITHOUT a government-accredited forest management plan, you are solely responsible for:
  • Determining what permits and approvals are required
  • Obtaining all necessary authorizations before harvesting
  • Ensuring contractors operate within approved parameters
  • Compliance with all forestry practice standards
• We do not verify whether required permits have been obtained.
• Harvesting without required permits may result in fines, stop-work orders, or criminal charges.

20.6 Environmental Features

Users must identify and protect environmental features including:

• Watercourses, wetlands, and riparian buffer zones
• Species at Risk habitat (critical habitat, residence, or individuals)
• Steep slopes, erosion-prone areas, and unstable terrain
• Archaeological or heritage sites
• Private or public water supply areas

We do not provide mapping, identification, or flagging of these features. You must:

• Conduct on-site assessments or hire qualified professionals
• Mark and protect sensitive areas before operations begin
• Ensure contractors are aware of and respect protected areas
• Comply with buffer zone and setback requirements

20.7 Changes to Regulations

• Forestry regulations, permit requirements, and program rules may change without notice.
• You are responsible for monitoring regulatory changes that affect your operations.
• Government program approval does not freeze regulatory requirements as of the approval date.
• New restrictions (e.g., emergency Species at Risk protections) may be imposed after your plan is approved.

21. Third-Party Data and Services

21.1 General Disclaimers

The Service integrates data from government sources, mapping providers, satellite imagery providers, and other third parties. We do not control or verify the accuracy, completeness, or timeliness of third-party data.

All third-party data is provided “as is” without warranty of any kind.

21.2 Property Boundaries and GIS Data

• Property boundary data is derived from PEI government parcel shapefiles obtained with your consent as part of the application process.
• Property boundaries shown are approximate and not suitable for legal purposes.
• Boundaries may contain errors, be outdated, or not reflect recent surveys or property transfers.
• You must verify property boundaries through a licensed surveyor before conducting any forestry operations.
• Boundary disputes or encroachments are not our responsibility.
• Harvesting timber on incorrect property due to boundary errors is solely your responsibility.

21.3 Mapping and Base Layers

• Base maps are provided using MapLibre GL and third-party tile providers.
• Map data, imagery, and terrain information may be outdated or inaccurate.
• Map features (roads, watercourses, structures) may not reflect current conditions.
• We do not verify the accuracy of mapped features.
• Verify all map information on-site before conducting operations.

21.4 Satellite and Aerial Imagery

• Satellite imagery is provided by third-party providers and may be outdated.
• Image dates may not be clearly indicated; conditions shown may be months or years old.
• Cloud cover, shadows, seasonal changes, and image quality may obscure details.
• Imagery is not suitable for precise measurements, boundary determination, or species identification.
• Forest cover, stand conditions, and timber volumes may have changed since imagery was captured.
• Satellite imagery is for general reference only and must be verified through on-site assessment.

21.5 Forest Inventory and Volume Estimates

• Government forest inventory data (where available) is based on statistical models and sample plots.
• Inventory estimates may significantly differ from actual volumes due to:
  • Sample error and statistical uncertainty
  • Growth, mortality, and natural changes since inventory date
  • Species misclassification or quality grade errors
  • Differences in measurement standards or scaling methods
• Platform-generated estimates (AI, satellite analysis) are preliminary only and not suitable for contract negotiations.
• Always obtain professional timber cruises for accurate volume and value estimates.

21.6 Elevation and Terrain Data

• Elevation, slope, and terrain data is derived from government sources or third-party providers.
• Terrain data may not accurately represent:
  • Steep slopes, cliffs, or unstable areas
  • Wetlands, seasonal flooding, or drainage patterns
  • Equipment access limitations or operability constraints
• Verify terrain suitability through on-site assessment before planning operations.

21.7 Regulatory and Environmental Data

• Information about regulations, protected areas, Species at Risk habitat, or environmental constraints is for general reference only.
• Regulatory data may be outdated or incomplete.
• We do not track regulatory changes or update environmental layers in real-time.
• You are solely responsible for identifying regulatory requirements and environmental constraints through proper assessments.

21.8 Third-Party Service Providers

The following third-party services and data providers are currently used (subject to change):

• PEI Government: Property parcel shapefiles and boundary data
• MapLibre GL: Open-source mapping library with third-party tile providers (specific provider TBD)
• Satellite Imagery Provider: (provider name TBD)
• Additional data sources and attributions available at [link TBD]

21.9 Data Attribution and Licensing

• Third-party data is subject to the license terms of the respective providers.
• Some data may have restrictions on commercial use, redistribution, or export.
• Attribution and credits for data sources are displayed where required by license terms.
• By using the Service, you agree to comply with third-party data license terms.

21.10 No Endorsement

• Inclusion of third-party data does not constitute endorsement of accuracy or fitness for any purpose.
• We are not responsible for errors, omissions, or changes in third-party data.
• Users must independently verify all data before making decisions or conducting operations.

Version 0.1 · Effective June 6, 2026. This is the current version. For previous versions and the full change history, see the legal centre.