The following terms and conditions govern your access to and use of Forbole Tech product(s), service(s), application(s), and interface(s) (collectively, our “Services”). Please read these terms and conditions carefully before using our Services.
The Services are offered by Forbole Technology Limited, a company incorporated in Hong Kong with company registration number 3282304, having its registered office at 7/F, Cheung Hing Industrial Centre, 12P Smithfield, Kennedy Town, Hong Kong (“Forbole”, “we” or “us”). Users of our services are referred to as “users” or “you”.
By using our Services, you (a) agree to be legally bound by these terms and conditions, as they may be modified or supplemented from time to time (these “Terms”); and (b) consent to the collection, disclosure and other handling of information as described in our Privacy Policy. If you are accessing or using our Services as a representative of an organization, you are agreeing to these Terms on their behalf.
1. Our Services
1.1 Scope of Services
Our Services comprise a comprehensive suite of blockchain development tools, including: (a) remote procedure call (RPC) endpoints; (b) WebSockets; (c) Archive Nodes; and (d) such other tools and functionalities as from time to time specified on our website.
1.2 Modifications to Services
We may update, upgrade, modify, adjust or change the scope of our Services from time to time. We may suspend or discontinue any of the products or services we offer, or add or remove any functionalities or features.
1.3 Network Availability
We offer our Services on various blockchain networks. We may from time to time enable or disable our Services on any particular network, considering the demand, the condition or status of the network, our resources and other factors.
1.4 Suspension or Discontinuation
If you are an existing user of any part of our Services which we decide to suspend or discontinue, we will use commercially reasonable efforts to notify you at least 2 days in advance prior to the suspension or discontinuation of such Services. Please note however we may not be able to do so if the notification (a) would pose any information security threat or give rise to any legal or regulatory issue, (b) is economically and/or technically unduly burdensome, or (c) may create risk of us violating any applicable laws and regulations.
1.5 Usage Limits
By purchasing our packages, you are entitled to use such part of our Services as specified in the pricing table. We reserve the right to, from time to time, modify usage limits applicable to each package. If you have reached the usage limit applicable to the package, you may not be able to continue using our Services unless you buy another one. We will use commercially reasonable efforts to notify you at least 2 days in advance prior to any modification of usage limit.
1.6 Service Level Agreement (SLA)
We commit to providing our Services in accordance with the Service Level Agreement (SLA) outlined below. This SLA specifies the uptime guarantees, support response times, and maintenance schedules.
2. Your account
2.1 Registration
You are required to register an account with us in order to access and use our Services. By using our Services, you represent and warrant that your use of our Services is not for any purposes that are against any applicable laws or regulations.
2.2 Account Security
Your account, log-in credentials and API key are for your use only. You agree not to sell, transfer, license or sublicense your account, log-in credentials and API key to any other person, except that you may disclose such information to your employees, agents and subcontractors performing work on your behalf.
2.3 Responsibility for Account Activity
You are responsible for all activities, acts and omissions by or via the account registered by you, regardless of whether such activities, acts or omissions have been undertaken or authorised by you, any of your employees or affiliates or any other third parties. We are not responsible for any unauthorised access to or use of our Services by or via your account, including without limitation any activities, acts or omissions as a result of fraud, scam, phishing or any unlawful or illegal activity undertaken by any third parties.
2.4 Account Configuration
You are solely responsible for properly configuring and using your account and for taking all appropriate actions to secure and protect your account. You should ensure that any hardware, software or applications that you use to access or use our Services have been properly installed, maintained and are up-to-date.
2.5 SuperTokens Integration
We are using SuperTokens for managing user sign-up and log-in processes. SuperTokens ensures secure and efficient authentication methods for our platform, and their terms govern the usage of their services in conjunction with ours. By agreeing to our Terms of Service, you are also consenting to the Terms of Service of SuperTokens.
2.6 Posthog Integration
We've integrated Posthog, a third-party analytics and behavioral tracking tool, into our platform to gain insights into user interactions and behaviors. This enables us to continually enhance and optimize our services, ensuring an improved user experience for you. By accepting our Terms of Service, you're also agreeing to the Terms of Service of Posthog.
3. Service level agreement
3.1 Uptime guarantee
We guarantee that our Services will be available 99.5% of the time in any given calendar month, excluding scheduled maintenance. Uptime is calculated as follows:
Uptime Percentage = [(Total Minutes in Month − Downtime Minutes) / Total Minutes in Month ) ] × 100
3.2 Scheduled Maintenance
Scheduled maintenance will occur when needed and will be communicated to you at least 48 hours in advance. Maintenance notifications will be sent via email.
3.3 Support Response Times
We provide support based on the plan you are subscribed to:
Free: Response within 48 hours (working time GMT+8) from the moment of ticket opening on our Discord server;
Pay As You Go: Response within 4 hours from the moment of ticket opening on our Discord server;
Custom Plan: Response within 1 hour from when we receive the message on our private telegram group.
4. Fees and payment
4.1 Free Services
Part of our Services is offered to the public and licensed on a royalty-free basis, including our free tier. These terms and conditions apply regardless of whether you are using our Services for free or not.
4.2 Purchase Options
You may purchase any number and combination of products, endpoints, API keys or nodes, and you may manage your purchases via our interface for our Services. The fees we charge for using our Services are specified in our website and our interface for the Services.
4.3 Payment Information
We normally charge you (one-time or recurring) for using our Services with packages. We may add or change options regarding these packages from time to time. Upon your first purchase, you will be required to provide valid payment information. You agree to keep a valid credit/debit card / crypto wallet on file with Forbole (or any other entities within our group of companies, or our designated third-party payment processor(s)). If your card expires or if your crypto wallet is depleted, you undertake to provide replacement payment information as soon as practicable.
4.4 Recurring Charges
By purchasing a package, you acknowledge and agree that Forbole (or any other entities within our group of companies, or our designated third-party payment processor(s)) may submit recurring charges to your designated payment method without further authorisation from you, unless and until you provide written notice to us via the interface of our Services (or via such other communication channel as we may agree) that you wish to cancel your subscription or change your payment method.
4.5 Billing Cycle
On the first day of each billing cycle, we will charge the applicable fees together with any applicable taxes to your designated payment method. If you make any changes of subscriptions during a billing cycle, we will apply any additional charges or credits to the next billing cycle.
4.6 Currency of Fees
Our fees are typically denominated in U.S. dollars, unless otherwise specified or mutually agreed by you and us in writing.
4.7 Non-Refundable Fees
All fees payable by you will be paid to us without setoff or counterclaim, and without deduction or withholding. Unless otherwise agreed by us, all fees are non-refundable.
4.8 Service Suspension for Non-Payment
Without limiting any of our rights and remedies under these Terms and Conditions and at law, we may suspend your access to our Services if we are unable to process payment that has fallen due for more than 2 days. We will use commercially reasonable efforts to notify you prior to suspending access. If your service is suspended due to non-payment, this will not count as downtime under our SLA.
4.9 Consequential Losses
In the event that your access to or use of our Services is suspended due to failed payments, Forbole is not liable for any consequential losses.
4.10 Taxes and Duties
You are responsible for identifying and paying all taxes, duties, levies and other governmental fees and charges that arise out of or in connection with your use of our Services. Our fees specified in our website and our interface for the Services are exclusive of any applicable taxes, duties, levies or any other governmental fees and charges.
4.11 Payment Processors
Currently, we use (a) [Stripe, Inc.] as our payment processor. You can access Stripe’s Terms of Service at stripe.com/us/checkout/legal and their Privacy Policy. We are not responsible for any errors by Stripe or by you in connection with your use of their service.
5. Acceptable Use Policy
5.1 Prohibited Uses
As part of these Terms, you agree not to misuse the Services or facilitate anyone else to do so. In particular, you agree not to do any of the following in connection with the Services:
(a) use our Services for any unlawful or unauthorised purposes;(b) use our Services in a way
(b) use our Services in a way that poses a security risk to us or any third parties;
(c) probe, scan, or test the vulnerability of any system or network;
(d) breach or otherwise circumvent any security or authentication measures or service usage limits;
(e) access, tamper with, or use non-public areas or parts of the Services;
(f) interfere with or disrupt any user, host, or network, for example by sending a virus, trojan, worm, logic bomb, or any other material that is malicious or technologically harmful, overloading, flooding, spamming, or mail-bombing any part of the Services, or by scripting the creation of any content in such manner as to interfere with or create an undue burden on the Services;
(g) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code for the Services or any related technology that is not open source, or create any derivative works on our Services;
(h) copy, translate, make adaptations of our Services or any of its content without authorisation;
(i) send unsolicited communications, promotions or advertisements, or spam to us or to any other users of our Services;
(j) take any action that overloads or disrupts the integrity of infrastructure of our Services or any of our features or functions;
(k) spoof, phish, pharm, pretext, spider, crawl, or scrape, or use any robot or automated means to access our Services without our express prior written consent, except that we grant permission to operators of public search engines to use spiders to copy materials from our Services for the sole purpose of, and solely to the extent necessary for, creating publicly-available searchable indices of materials on our Services;
(l) post, publish, upload, display, distribute, or share materials that are unlawful, inappropriate, profane, pornographic, obscene, indecent, libelous, defamatory, abusive, or fraudulent;
(m) violate or infringe upon our intellectual property rights or the intellectual property rights of others,
(n) violate the letter or spirit of these Terms, or violate applicable laws or regulations in any way.
6. Conditions Precedent
6.1 Preconditions for Service
Our offer of our Services to you is conditional upon all of the following being satisfied at all times for as long as you use our Services:
(a) your representations and warranties under Clauses [7.1] and [7.2] are and remain true, accurate and complete;
(b) the performance of these Terms by us does not require any licences, permits or registrations (under securities laws or otherwise) not possessed by us;
(c) the performance of these Terms by either party does not constitute any breach, default or violation of any applicable laws and regulations (including securities laws, financial services laws, anti-money-laundering laws, anti-terrorist and anti-terrorist-financing laws); and
(d) the performance of these Terms by either party does not constitute any breach, default or violation of any contracts to which that party is a party.
6.2 Termination for Non-Compliance
Where one or more of the conditions precedent set out in Clause 6.1 are not satisfied, we will terminate your access to and use of our Services with immediate effect without any remedy or compensation to you. If we suffer or incur any losses or liabilities in connection with or as a result of your use of our Services while one or more of the conditions precedent set out in Clause 6.1 are not satisfied, we reserve the right to take legal action against you to compensate our losses or liabilities.
7. Representations and Warranties
7.1 General Warranties
Each party represents and warrants to the other that, during the term of this agreement:
(a) (if a party is an individual) the party is of legal age in its jurisdiction of residence;
(b) (if a party is a business entity, partnership or other forms of organisation) the party is duly incorporated or organised, validly existing and in good standing under the laws of the jurisdiction of its incorporation or organisation; and
(c) the party has all requisite authority, capacity and power to enter into and perform its obligations under these Terms, and that these Terms constitutes a legal, valid and binding obligation of the party enforceable against it in accordance with its terms (save for exceptions due to bankruptcy, insolvency or other laws of general application relating to or affecting the enforcement of creditors’ rights generally and principles of equity).
7.2 User Warranties
In addition to the representations and warranties set out in Clause 7.1, you further represent and warrant to us that, on each day that you continue to use our Services:
(a) you are not (as an entity or individual) located, organised or ordinarily resident in a sanctioned jurisdiction, nor directly or indirectly owned or controlled by any such entity or individual;
(b) you are not on the Specially Designated Nationals and Blocked Persons List published by the Office of Foreign Assets Control of the United States Treasury Department (or other lists to similar effect in applicable jurisdictions), nor directly or indirectly owned or controlled by any such entity or individual;
(c) you have not been convicted of any money-laundering, terrorist-financing, trafficking in controlled substances (or similar crimes) at any domestic, military, foreign or international court; and
(d) any payments you sent us are not derived from, nor otherwise represent the proceeds of, any activities done in violation or contravention of any applicable domestic, military, foreign or international laws.
8. Term, Termination and Withdrawal
8.1 Effectiveness
These Terms come into effect and become legally binding on the date on which you first register an account on our interface and will continue to remain in effect for as long as you continue to use our Services, until terminated pursuant to this Clause or by separate agreement in writing.
8.2 Termination by Notice
Either party may terminate the agreement under these Terms by giving written notice to the other party.
8.3 Termination Rights
We reserve the right to terminate the agreement under these Terms, if we reasonably believe:
(a) any of the conditions precedent under Clause [6.1] is no longer satisfied;
(b) you are in serious or repeated breach of these Terms;
(c) you are using the Services in a manner that would cause a real risk of harm or loss to us, other users, or the public;
(d) we are requested to do so by government or regulatory authorities or as required under applicable laws, regulations or legal processes; or
(e) our provision of the Services to you is no longer possible or viable; or
(f) we repeatedly fail to meet the uptime guarantees as specified in the SLA and the issue is not rectified within a reasonable period.
8.4 Accrued Rights
Termination of these Terms will not affect any rights, remedies, obligations or liabilities of the Parties that have accrued up to the date of termination, including the right to claim damages in respect of any antecedent breaches.
8.5 Survival
All provisions which by nature extend beyond the termination of these Terms will survive termination, including, without limitation, disclaimers and limitations of liability, governing law and dispute resolution mechanisms, and general provisions relating to the interpretation and operation of these Terms.
9. Intellectual property rights
9.1 Ownership
All intellectual property rights subsisting in our Services (including our applications (including all beta or pilot iterations), source code, software, content, text, graphics, images, logos, audio or visual files and other materials, offered from time to time, and all improvements, enhancements, modifications, updates thereof from time to time, collectively, our “Proprietary Materials”) belong to us. All rights in the Proprietary Materials under applicable laws are hereby reserved.
9.2 Prohibited Actions
Using, copying, reproducing, publishing, distributing, selling of any parts or components of our Proprietary Materials, is strictly prohibited, unless:
(a) as expressly permitted by these Terms; or
(b) with our prior written approval.
9.3 License to Use
You are given a personal, worldwide, royalty-free, non-assignable, non-transferrable, non-exclusive and revocable licence to access and use our Proprietary Materials. Such licence:
(a) is for the sole purpose of enabling you to use and enjoy the benefit of our Services as offered by us and in such manner as permitted by these Terms; and
(b) will be revoked and terminated if you breach any of these Terms, including the Acceptable Use Policy.
9.4 Commercial Use
Any commercial distribution, publishing or exploitation of our Proprietary Materials is strictly prohibited unless with our prior written approval.
9.5 Trade Marks
Our brand names and trade names, trade marks, service marks, logos and trade dress, whether registered or unregistered, belong to us, and may not be used, displayed or reproduced without our express written consent.
9.6 Definition
In these Terms, “intellectual property rights” include patents, rights to inventions, copyright and related rights, all other rights in the nature of copyright, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use and protect the confidentiality of confidential information (including know-how), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
10. Disclaimers
10.1 "As Is" Basis
We provide the Services on an “as is” and “as available” basis, and your access to or use of our Services is at your own risk.
10.2 No Guarantee of Uninterrupted Service
We try our best to ensure that our Services are available at all times, but we do not guarantee that the operation of or access to our Services will always be uninterrupted or continuous. Our Services may be interrupted for maintenance, archiving, repairs, upgrades, or due to network or equipment failures.
10.3 Performance Efforts
We use commercially reasonable efforts to maintain high performance of our nodes, systems, and infrastructure that supports our Services and minimize downtime or interruption as per our SLA. However, we do not guarantee that the operation of or access to our Services will always be uninterrupted or continuous except as expressly stated in our SLA.
10.4 No Warranty
We give no assurance, representation or warranty of any kind (whether express or implied, whether on functionality, availability, security or otherwise) about the Services and any products or applications we provide.
10.5 Data Accuracy
We do not guarantee that the data, information or content you find on the Services is always accurate, truthful, complete and up-to-date.
10.6 User Responsibility
You are responsible for configuring your information technology, computer programmes and platform or system in order to access our Services. We are not responsible for any delay or disruption in our Services or any defect, viruses, bugs or errors.
10.7 User Content
We are not responsible for the conduct of or any content or information submitted or posted by any user of the Services (whether online or offline).
10.8 Technology Risks
Our Services are built upon emerging technologies. Our Services could be subject to additional risk through any potential misuse of blockchain technology, protocols or cryptography. By using our Services, you explicitly acknowledge and accept the aforesaid risks. You represent that you are technically sophisticated enough to under the inherent risks associated with using cryptographic and blockchain-based technologies and products. In particular, you acknowledge that Forbole does not operate nor control the blockchain protocols on which our Services are built, and that such protocols and networks are subject to their own cyber-security and other technological vulnerabilities and risks.
10.9 Limitation of Liability
To the fullest extent permitted by law, Forbole and its holding company(ies), subsidiary(ies), affiliates, directors, officers, employees, agents and representatives expressly disclaim any liability or responsibility for:
(a) any error or interruption in usage or any loss, inaccuracy or corruption of data, nor any cost of procurement of substitute goods, services or technology;
(b) any damages, losses, claims (whether in contract, tort or otherwise), costs (including professional fees and expenses), whether direct, indirect, special, incidental, punitive, exemplary, consequential, or of any other kind (including, without limitation, any loss of revenue, profits, opportunities, business, goodwill or reputation);
(c) any damages or losses arising out of or in connection with any acts or omissions on your part or on the part of any third parties, including any loss of private keys, losses or theft of digital assets, malfunction or failure of any blockchain network, execution or settlement errors, configuration errors, connectivity failure, programming language errors, security breaches, weaknesses or bugs; and
(d) any other matters beyond the reasonable control of Forbole arising out of or in connection with your use of our Services or any products or applications we offer.
10.10 Jurisdictional Exceptions
Some countries or jurisdictions may not allow the disclaimers in this clause, in which case these disclaimers will not apply to you.
11. Force majeure
11.1 Non-Liability for Force Majeure Events
Neither Party will be in breach of these Terms or be liable for any delay in performing, or any failure to perform, any of its obligations under these Terms if such delay or failure result from events, circumstances or causes beyond its reasonable control. In such circumstances, the time for performance will be extended by a period equivalent to the period during which performance of the obligation has been delayed or failed to be performed.
11.2 Definition of Force Majeure
A force majeure event includes: an act of God, fire, flood, typhoon, storm, war, riot, civil unrest, act of terrorism, strike, industrial dispute, outbreak of epidemic or pandemic illness, failure of utility service or transportation, shortage and unavailability of energy or resources, and operation and action of and changes to the protocols of Supported Networks.
12. General Provisions
12.1 Modifications to Terms
Forbole may modify these Terms of Use, including the SLA, at any time, and will post the modified Terms of Use on this site. Any modification is effective immediately upon posting. Your continued use of our Services will be conclusive evidence of your acceptance of the Terms of Use as modified. However, significant changes to the SLA will be communicated at least 30 days in advance.
12.2 Entire Agreement
These Terms constitute the entire agreement between the Parties, and supersede all prior or contemporaneous negotiations, discussions or records with respect to the subject matter hereof.
12.3 Severability
If any provision of these Terms becomes invalid or unenforceable, it will be deemed modified (to the minimum extent necessary) to make it valid and enforceable, or where such modification is not possible, deemed deleted and will not affect the validity and enforceability of the remaining provisions.
12.4 Waiver
The failure of either Party at any time to insist on the performance of, or to exercise a right or remedy under, any provision of these Terms is not a waiver of its right at any later time to insist on the performance of, or exercise a right or remedy under, that or any other provision of these Terms.
12.5 Interpretation
A reference to a “person” includes a natural person, a corporation, or an unincorporated body (whether or not having a separate legal personality). A reference to “writing” or “written” includes fax, e-mail and instant messaging. A reference to one gender will include a reference to the other genders.
12.6 Headings
Clause and schedule headings are for convenience only and do not affect the interpretation of the provisions of this Agreement.
13. Governing Law
These Terms and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) will be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region.
14. Dispute Resolution
14.1 Arbitration
Any dispute, controversy, difference or claim arising out of or relating to these Terms, including the existence, validity, interpretation, performance, breach or termination thereof, will be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted.
14.2 Arbitration Clause
The law of this arbitration clause will be the laws of the Hong Kong Special Administrative Region. The seat of the arbitration will be Hong Kong. The number of arbitrators will be one. The arbitration proceedings will be conducted in English.