Platform agreement and terms and conditions

Forebit LLC ("Forebit," "we," "us," or "our") is a financial technology company specializing in providing innovative solutions for cryptocurrency transactions. Our platform is designed to facilitate secure, efficient, and reliable payment processing, transaction management, and reporting within the digital currency ecosystem. We aim to empower businesses and individuals by offering cutting-edge tools and services tailored to meet the demands of the rapidly evolving fintech landscape.

Users that conduct business with Forebit should read this Platform Agreement (the "Agreement") carefully, as it governs their access to and use of our services (the "Services"). This Agreement outlines the terms and conditions under which you may utilize the Services, and it sets forth the legal obligations and responsibilities that accompany your use of our platform.

By accessing or using the Services, you ("User," "you," or "your") agree to be bound by this Agreement, as well as our Privacy Policy, which is incorporated herein by reference. The Privacy Policy details how we collect, use, and protect your personal information and is an integral part of this Agreement. It is crucial that you familiarize yourself with both documents to understand your rights and obligations fully.

If you do not agree to these terms, you must not access or use the Services. Your continued use of the Services signifies your acceptance of this Agreement and the Privacy Policy. It is your responsibility to review these terms periodically for any changes or updates, as Forebit reserves the right to modify the Agreement and the Privacy Policy at any time.

Forebit is committed to providing a secure and user-friendly platform for conducting cryptocurrency transactions. Our Services are intended for individuals and businesses who meet the eligibility criteria outlined in this Agreement. By agreeing to these terms, you confirm that you meet the necessary requirements and that you will adhere to all applicable laws and regulations when using our Services.

To access and use the Services, you must be at least 18 years old and possess the legal capacity to enter into binding agreements. By using the Services, you affirm that you meet these requirements.

You must comply with all applicable laws, regulations, and government orders in your jurisdiction. By using the Services, you represent and warrant that your use of the Services does not violate any such laws or regulations.

You must not be currently prohibited from using the Services or any similar services, whether by legal restriction, suspension by Forebit, or otherwise. If you have been previously banned or suspended from our Services, you are not eligible to create a new account or use the Services under a different name or identity.

You must provide accurate, current, and complete information during the registration process and maintain the accuracy of such information. Any misrepresentation or provision of false information will render you ineligible to use the Services and may result in the termination of your account.

If you are using the Services on behalf of a business entity, you represent and warrant that you have the authority to bind that entity to this Agreement and that the entity is a legally registered business in good standing in its jurisdiction of incorporation.

You must not have any conflicts of interest that would prevent you from using the Services in accordance with this Agreement. This includes, but is not limited to, being an employee or representative of a competitor of Forebit.

You must not be insolvent or subject to any bankruptcy or insolvency proceedings. By using the Services, you represent and warrant that you are financially capable of fulfilling your obligations under this Agreement.

By using the Services, you acknowledge and agree that you meet all the aforementioned eligibility criteria. If at any time Forebit discovers that you do not meet these criteria, we reserve the right to terminate your access to the Services immediately without notice and pursue any other remedies available to us under applicable law.

To use the Services, you may be required to create an account (the "Account"). You agree to provide accurate, current, and complete information during registration and to promptly update your information as necessary to ensure its accuracy. Failure to provide accurate information may result in the suspension or termination of your Account.

You are responsible for maintaining the confidentiality of your Account credentials, including your username and password. You are liable for all activities that occur under your Account, whether or not authorized by you. It is imperative that you safeguard your Account credentials to prevent unauthorized access and use.

You agree to immediately notify us of any unauthorized use of your Account or any other breach of security. Forebit will not be liable for any loss or damage arising from your failure to comply with this security obligation. You may be held liable for losses incurred by Forebit or others due to any unauthorized use of your Account.

You must not share your Account credentials with any third party or use another user's Account. If you become aware of any security breach, you must change your password immediately and notify Forebit.

Forebit reserves the right to suspend or terminate your Account at any time, with or without notice, if we suspect any unauthorized or fraudulent use of your Account, or if you fail to comply with these Account security obligations.

By creating an Account, you consent to receive electronic communications from Forebit regarding your Account and the Services. You are responsible for ensuring that your contact information, including your email address, is accurate and up-to-date to receive such communications.

Forebit offers a comprehensive range of services, including but not limited to cryptocurrency payment processing, transaction management, and reporting. Our Services are designed to facilitate secure and efficient transactions within the cryptocurrency ecosystem. We continuously strive to enhance and expand our offerings to meet the evolving needs of our users.

Forebit reserves the right to modify, suspend, or discontinue the Services, in whole or in part, at any time with or without notice. Such modifications may include the addition or removal of features, updates to existing functionalities, or changes in service availability. We endeavor to notify users of any significant changes to the Services; however, we are not obligated to provide prior notice for every modification or suspension.

We may charge fees for using certain features of the Services. These fees are necessary to support the ongoing development and maintenance of our platform. The applicable fees will be disclosed to you prior to your use of the feature, ensuring transparency in our pricing. All fees are non-refundable and must be paid in the specified cryptocurrency. This payment requirement ensures seamless transactions and aligns with the nature of our crypto-based platform.

Forebit reserves the right to modify our fees at any time. Any changes to the fee structure will be communicated to you in advance, providing you with an opportunity to review and accept the new fees. If you continue to use the Services after the fee changes become effective, you will be deemed to have accepted the revised fees. If you do not agree to the new fees, you must discontinue your use of the Services before the changes take effect.

In addition to the standard fees, Forebit may offer premium or additional services that incur separate charges. These charges will also be disclosed upfront, and users can choose whether to opt-in for such services based on their needs.

Forebit is committed to maintaining a transparent and fair fee structure, ensuring that all users understand the costs associated with using our platform. If you have any questions or concerns regarding the Services or the applicable fees, please contact us at [email protected] for further assistance.

By using the Services, you agree to adhere to the highest standards of integrity and lawful conduct. Specifically, you agree not to:

a. Engage in any illegal or unauthorized activities, including but not limited to money laundering, fraud, or terrorism financing. You must not use the Services to conduct or facilitate any criminal activities or any activities that violate applicable laws and regulations. This includes, but is not limited to, activities such as identity theft, financial fraud, and any form of financial crime.

b. Use the Services to promote or engage in any harmful, abusive, or discriminatory conduct. You must not use the platform to harass, bully, or discriminate against others based on race, ethnicity, religion, gender, sexual orientation, or any other protected characteristic. Such behavior is strictly prohibited and may result in immediate termination of your access to the Services.

c. Interfere with, disrupt, or damage the Services or servers or networks connected to the Services. This includes actions that could compromise the functionality or security of the Services, such as spreading malware, launching denial-of-service attacks, or attempting to overload the system. You must not take any action that could harm or disrupt the experience of other users or the operational stability of the Services.

d. Reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code of any part of the Services. The Services and all related software are proprietary and protected by intellectual property laws. You agree not to engage in any activities that would infringe upon our intellectual property rights, including attempting to access or modify the source code or any underlying algorithms of the platform.

e. Attempt to gain unauthorized access to the Services, other users' accounts, or any systems or networks connected to the Services. Unauthorized access includes hacking, password mining, or any other means of circumventing security measures. You must not attempt to access data or features that you do not have permission to access, and you must respect the privacy and security of other users.

Violation of these conduct guidelines may result in the suspension or termination of your Account and access to the Services, at Forebit's sole discretion. Additionally, we may report any illegal activities to the appropriate law enforcement authorities and cooperate with any investigations as required by law.

You are responsible for ensuring that your use of the Services complies with this Agreement and all applicable laws and regulations. Forebit reserves the right to monitor and investigate any activities conducted through the platform to ensure compliance with these conduct guidelines.

By using the Services, you agree to pay Forebit a transaction fee for each transaction processed through the platform. The standard transaction fee is 1% of the transaction amount plus an additional $0.10 per transaction ("Transaction Fee"). This Transaction Fee is designed to cover the costs associated with processing, securing, and maintaining the high standards of service provided by Forebit. The Transaction Fee is subject to change at any time at Forebit's sole discretion, with or without prior notice. It is your responsibility to stay informed about the current fee structure.

You will be responsible for all applicable value-added taxes (VAT) or similar taxes that may apply to the Transaction Fee. These taxes will be calculated based on the applicable rates in your jurisdiction and added to the total amount of the Transaction Fee. Forebit is committed to complying with all relevant tax regulations and expects users to do the same.

Forebit will deduct the Transaction Fee from each transaction processed through the platform. You authorize Forebit to debit your account or the funds received from your transactions to cover the Transaction Fee and any applicable taxes. This automatic deduction ensures that all fees are paid promptly and efficiently, allowing transactions to proceed without delay.

Some businesses may qualify for a reduced Transaction Fee of 0.25% if they meet certain criteria as determined by Forebit at its sole discretion. Eligibility for the reduced Transaction Fee may depend on factors such as transaction volume, business type, or compliance with specific operational standards. To inquire about eligibility for the reduced Transaction Fee, please contact us at [email protected].

Forebit reserves the right to modify, revoke, or suspend the reduced Transaction Fee for any qualifying businesses at any time, with or without notice. This flexibility allows Forebit to adapt to changing market conditions and ensure the sustainability of our fee structure. If your business no longer qualifies for the reduced Transaction Fee, you will be notified and reverted to the standard fee structure.

All content, trademarks, and other intellectual property related to the Services are the property of Forebit or its licensors and are protected by applicable intellectual property laws, including but not limited to copyright, trademark, patent, and trade secret laws. This includes, but is not limited to, all text, graphics, logos, icons, images, audio clips, video clips, data compilations, software, and other materials available through the Services (collectively, the "Content").

Forebit retains all rights, title, and interest in and to the Services and Content, including all associated intellectual property rights. Except as expressly provided in this Agreement, no rights or licenses are granted to you under any intellectual property laws, whether by implication, estoppel, or otherwise.

You are granted a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services and Content solely for your personal and internal business purposes, subject to your compliance with this Agreement. This license does not include any resale or commercial use of the Services or Content; any collection and use of any product listings, descriptions, or prices; any derivative use of the Services or Content; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.

You acknowledge and agree that by using the Services, you understand the inherent risks associated with using, trading, and holding cryptocurrencies. Cryptocurrencies are subject to significant price volatility, regulatory changes, and potential security risks, including but not limited to hacking, theft, or loss of access to private keys. The value of cryptocurrencies can fluctuate dramatically over short periods, which can result in substantial financial losses.

Before using the Services, you should carefully consider the risks associated with cryptocurrencies and determine whether such risks are acceptable to you. The risks include price volatility, regulatory changes, and security risks. Cryptocurrencies are known for their volatile nature, and their market value can increase or decrease significantly within a short time frame, potentially leading to unexpected losses. The legal and regulatory environment surrounding cryptocurrencies is continually evolving. New regulations, changes to existing laws, or government actions can impact the use, trading, and value of cryptocurrencies. Compliance with such regulations may require significant adjustments to your operations or may even restrict your ability to use certain cryptocurrencies.

Security risks are a major concern, as cryptocurrencies are stored in digital wallets that are susceptible to various cyber threats. Hacking, theft, and loss of access to private keys can result in the irreversible loss of your cryptocurrency holdings. It is essential to implement robust security measures to protect your digital assets.

Forebit provides the Services for informational and transactional purposes only and does not offer investment advice, tax advice, or legal advice. We encourage you to consult with your own financial, tax, or legal advisors before making any decisions regarding the use of cryptocurrencies. It is crucial to seek professional guidance to understand the full extent of the risks involved and to make informed decisions.

By using the Services, you acknowledge that you have been informed of the risks associated with cryptocurrencies and that you assume full responsibility for any losses, damages, or costs incurred as a result of your use of the Services or your engagement in cryptocurrency-related activities. You agree to hold Forebit harmless for any financial losses or adverse outcomes arising from your use of the Services.

We reserve the right to terminate or suspend your access to the Services, without prior notice, if we determine, in our sole discretion, that you have violated this Agreement or engaged in any illegal or harmful activities. Such determination may be based on, but is not limited to, your involvement in fraudulent activities, non-compliance with applicable laws and regulations, or conduct that we deem harmful to our operations, reputation, or other users.

Upon termination, your right to access and use the Services will cease immediately. This means you will no longer be able to log into your account, process transactions, or access any data or content stored on our platform. We may, at our discretion, delete or deactivate your account and all related information and files in your account without liability to you. This action is necessary to protect the integrity of our Services and the security of our users.

If your account is terminated, you are prohibited from creating a new account or accessing the Services through another account without our express written permission. Any attempt to circumvent this termination by creating a new account or using an alternate identity may result in further legal action.

We also reserve the right to take any necessary legal action against you in response to your violations of this Agreement. This may include seeking damages, injunctions, or other appropriate remedies in a court of law. Our failure to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

Termination or suspension of your access to the Services does not relieve you of any obligations you may have incurred prior to such termination or suspension. This includes any outstanding fees, charges, or liabilities that you owe to Forebit. You are responsible for settling all outstanding financial obligations immediately upon termination.

If you believe your access has been wrongfully terminated or suspended, you may contact us at [email protected] to request a review of the decision. We will investigate your case and provide you with our findings and the rationale for our decision.

This termination provision ensures that Forebit maintains a secure and trustworthy environment for all users. By agreeing to this provision, you acknowledge that your compliance with this Agreement is essential for continued access to our Services. If you have any questions or concerns about this termination policy, please reach out to us for clarification.

The Services are provided "as is" and "as available," without warranty of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. This means that Forebit makes no guarantees or representations regarding the quality, suitability, accuracy, reliability, or completeness of the Services for any particular use or purpose. You acknowledge that your use of the Services is at your sole risk.

We do not warrant that the Services will be error-free, uninterrupted, or secure. This means that we cannot guarantee that the Services will always function without disruptions, delays, or imperfections. Interruptions or outages may occur for various reasons, including maintenance, upgrades, or unforeseen technical issues. Additionally, we do not warrant that any defects or errors in the Services will be corrected promptly or at all.

Forebit does not guarantee that the Services will meet your specific requirements or expectations. We provide the Services as a general platform for cryptocurrency transactions and related activities, but we do not tailor the Services to fit individual needs or business models. It is your responsibility to determine whether the Services are suitable for your intended use.

Furthermore, Forebit does not warrant that the Services are free from viruses, malware, or other harmful components. Although we implement security measures to protect the integrity of the Services, we cannot guarantee that the Services will be immune from security breaches or cyber-attacks. You are responsible for implementing your own security measures to protect your systems and data from potential threats.

Forebit disclaims any responsibility for the accuracy, completeness, or reliability of any information or content made available through the Services. Any reliance on such information or content is at your own risk. We do not endorse, guarantee, or assume responsibility for any third-party products, services, or information that may be advertised or promoted through the Services.

In jurisdictions that do not allow the exclusion or limitation of certain warranties, the disclaimers in this section may not apply to you. In such cases, Forebit’s warranties will be limited to the fullest extent permitted by applicable law.

By using the Services, you acknowledge and agree to this disclaimer of warranties. If you do not agree with this disclaimer, you should not use the Services. If you have any questions or concerns about this disclaimer, please contact us at [email protected] for further clarification.

To the fullest extent permitted by applicable law, Forebit, its affiliates, and their respective officers, directors, employees, agents, licensors, and suppliers shall not be liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages. This includes, but is not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses. These limitations apply whether the damages result from:

(a) Your access to or use of or inability to access or use the Services. This includes any interruptions, errors, or defects that prevent you from using the Services as intended. Forebit is not responsible for any downtime or operational issues that may affect your access.

(b) Any conduct or content of any third party on the Services. Forebit does not endorse, guarantee, or assume responsibility for any third-party content or actions, including those of other users. You assume all risks associated with interacting with third parties through the Services.

(c) Any unauthorized access, use, or alteration of your Account or data. This includes any hacking, phishing, or other unauthorized activities that compromise your account security. Forebit is not liable for any losses resulting from unauthorized access, even if we have been advised of the possibility of such access.

(d) Any other matter relating to the Services. This broad category encompasses any additional issues arising from your use of the Services, whether based on warranty, contract, tort, or any other legal theory, even if we have been advised of the possibility of such damages. This comprehensive limitation ensures that Forebit’s liability is minimized to the fullest extent permitted by law.

In any case, our aggregate liability to you for all claims arising out of or relating to the use of or inability to use the Services, whether in contract, tort, or otherwise, shall not exceed the greater of:

(i) The total amount of fees paid by you to Forebit in the twelve (12) months prior to the event giving rise to the liability. This cap ensures that our financial exposure is limited to the actual revenue generated from your use of the Services within a defined period.

(ii) One hundred US dollars (USD 100). This nominal cap provides a baseline limit on our liability, ensuring that even if the fees paid are minimal, our maximum liability does not exceed this amount.

These limitations are a fundamental part of this Agreement and reflect the allocation of risk between you and Forebit. By using the Services, you acknowledge and accept these limitations as a reasonable and appropriate part of our business relationship. If you do not agree to these limitations, you must not use the Services.

This limitation of liability is intended to apply regardless of the form of action, whether in contract, tort, strict liability, or otherwise. It reflects Forebit’s commitment to providing Services without exposing the company to undue legal risks. If any part of this limitation is found to be unenforceable, the remaining parts will continue to apply to the fullest extent permitted by law.

You agree to indemnify, defend, and hold harmless Forebit, its affiliates, and their respective officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorney's fees) arising out of or in connection with your access to or use of the Services. This includes any actions you take on the platform that result in legal claims or disputes, whether such actions are intentional or unintentional. You are responsible for ensuring that your use of the Services complies with this Agreement and all applicable laws.

You agree to indemnify, defend, and hold harmless Forebit from your violation of this Agreement. Any breach of the terms set forth in this Agreement, whether by act or omission, will hold you accountable for any resulting legal repercussions. This includes failing to adhere to any guidelines, policies, or rules outlined in the Agreement.

You agree to indemnify, defend, and hold harmless Forebit from your violation of any applicable law or the rights of any third party. If your actions or use of the Services infringe upon the legal rights of others or violate any laws, you are liable for the resulting consequences. This encompasses a broad range of potential legal issues, including intellectual property infringement, privacy violations, and non-compliance with regulatory requirements.

You agree to indemnify, defend, and hold harmless Forebit from any content you submit, post, or transmit through the Services. This includes all forms of content, such as text, images, videos, and other media that you provide to or share on the platform. If any of your content leads to legal disputes, such as defamation, copyright infringement, or other claims, you are responsible for defending against those claims and any resulting liabilities.

In providing this indemnification, you agree to defend Forebit and its affiliates against any claims or legal actions brought against them due to your actions. This includes hiring legal counsel and bearing all associated costs to protect Forebit’s interests.

You agree to hold harmless Forebit, its affiliates, and their respective officers, directors, employees, agents, licensors, and suppliers, ensuring they are not held responsible for any damages or losses incurred due to claims related to your use of the Services. This means that Forebit will not be financially or legally responsible for any repercussions arising from your actions.

You agree to cover all costs and expenses associated with the claims, including reasonable attorney's fees. This provision ensures that Forebit and its affiliates are protected from financial and legal burdens resulting from your actions or use of the Services.

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. FOREBIT, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS.

We do not guarantee that the Services will be uninterrupted, timely, secure, or error-free. This means that there may be periods where the Services are unavailable due to maintenance, upgrades, or unforeseen technical issues. Additionally, we cannot ensure that any data or information you transmit over our platform will remain secure from unauthorized access or cyber-attacks.

Forebit does not warrant that the results that may be obtained from the use of the Services will be accurate or reliable. Any reliance on the results obtained from the Services is at your own risk, and Forebit is not responsible for any inaccuracies or errors in the data or information provided through the Services. This includes, but is not limited to, financial data, transaction records, or any other outputs generated by the platform.

We make no warranty regarding the quality of any products, services, information, or other material purchased or obtained by you through the Services. The Services are designed to facilitate transactions and provide related information, but Forebit does not endorse or guarantee the quality, safety, legality, or suitability of any third-party products or services. Any transactions conducted through the platform are solely between you and the third party, and Forebit is not responsible for any disputes or issues that arise from such transactions.

Furthermore, Forebit disclaims any warranties for services or goods received through or advertised on the Services, or accessed through any links provided on the Services. Any material downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

In jurisdictions that do not allow the exclusion or limitation of certain warranties, the disclaimers in this section may not apply to you. In such cases, Forebit’s warranties will be limited to the fullest extent permitted by applicable law.

By using the Services, you acknowledge and accept that the Services are provided without any warranties and that you assume all risks associated with their use. If you do not agree with this disclaimer, you should not use the Services.

This Agreement and any disputes arising out of or relating to it shall be governed by the laws of the State of Florida, without regard to its conflict of law principles. Any legal action or proceeding under this Agreement will be brought exclusively in the federal or state courts located in Florida. The parties irrevocably consent to the personal jurisdiction and venue of these courts.

Under U.S. federal law, any federal statutory claims will be adjudicated in the federal courts in Florida. For state law matters, Florida state courts will resolve the disputes.

Disputes that cannot be resolved through informal negotiations will be submitted to binding arbitration in Florida, in accordance with the rules of the American Arbitration Association (AAA). Arbitration will be conducted on an individual basis, not as a class or collective action. The prevailing party in any dispute will be entitled to recover reasonable attorney's fees and costs.

By entering into this Agreement, you agree to the exclusive jurisdiction and venue of the Florida courts for any disputes or claims.

We reserve the right to update or modify this Agreement at any time to reflect changes in our Services, legal requirements, or for any other reason we deem necessary. Such modifications will become effective immediately upon posting the updated Agreement on our website or through other reasonable means of communication.

When we make material changes to this Agreement, we will take appropriate measures to inform you in advance, such as by posting a notice on our website, sending you an email, or through other direct communications. These measures are intended to provide you with ample time to review the changes and understand how they may impact your use of the Services.

Your continued use of the Services following any changes to this Agreement constitutes your acceptance of the revised terms. If you do not agree with any changes, you must discontinue your use of the Services and, if applicable, deactivate your account. It is your responsibility to regularly review this Agreement to stay informed about any updates.

In some cases, we may request your explicit consent to the updated terms, especially if the changes include significant modifications to your rights or obligations. In such instances, your use of the Services may be contingent upon providing your consent to the revised Agreement.

We welcome and encourage feedback, comments, ideas, and suggestions for improvements to the Services ("Feedback"). You can submit Feedback by contacting us at [email protected].

By submitting Feedback, you grant Forebit an unrestricted, non-exclusive, perpetual, irrevocable, royalty-free, worldwide, and transferable license to use, reproduce, distribute, sublicense, create derivative works from, and otherwise exploit your Feedback for any purpose. This means we can utilize your suggestions without any compensation or restrictions.

You acknowledge that your Feedback does not contain any confidential or proprietary information of third parties. By providing Feedback, you confirm that you have the right to grant the license described above.

This Agreement, together with our Privacy Policy, constitutes the entire agreement between you and Forebit regarding the Services, superseding any prior agreements or representations. If any provision is deemed invalid or unenforceable, the remaining provisions will remain in effect. Our failure to enforce any right or provision does not constitute a waiver of those rights.

You may not assign your rights or obligations under this Agreement without our prior written consent. Forebit may assign its rights and obligations without restriction.

If you have any questions or concerns about this Agreement or the Services, please contact us at [email protected].