Terms of Services

These Terms of Services (“Terms”) contain terms and conditions between you (also referred to as “User”) and Forward Enterprise Co., Ltd (“Forward” “we” “us”, and “our”).These Terms incorporated with Privacy Policy as well as any other policies on Forward Site or any agreements we made with you. These Terms govern your use of Services provided by the Company hereunder. You agree that you have read, understand and accept all of these Terms and Privacy Policy and any policies published on this website which legally bound to you as a user of the https://forward.market including, APIs, or mobile applications (“Forward Site”)
1. Definition

Digital Asset

means any cryptographic aster, digital asset including coins and tokens such as Bitcoins, Ethereums and others that may be purchased, sold or traded via Forward Platform

Forward Platform

means a software using blockchain technology where users can manage their risk against digital assets’ price fluctuation and use decentralized application including Forward Site.

Forward Token

means the cryptographic BEP20 standard tokens on the Binance smart chain with the symbol “FWD” and named ‘Forward Token’ developed by the Company to be used as the utility token within the Forward Platform.

Service

mean any services and products provided by the Company, including but not limited to digital asset staking, yield farming, lending, decentralized derivative exchange and any other services or products that we will release in the future.

2. Eligibility

To use the Services, you must be:

  • an individual, at least 18 years old or of legal age of your country; or
  • a corporation, legal entity or other organization with full power, authority and validly existing under the applicable laws of the jurisdiction to enter into this Terms.
If you choose not provide the necessary information or give consent to us, we may not be able to provide you with the Services, or meet all our obligations we have with you, enter into a contract with you. In such cases, our Services to you may be limited, restricted, suspended, cancelled, prevented or prohibited.
3. Services

3.1 Services Usage Requirement

To use our Services, you shall select a wallet address (such as Metamask, Trust wallet) and connect to Forward Platform. Upon connecting your wallet address, you may use our Services, and participating User’s activities held by Forward, in accordance with the provisions of these Terms (including other individual agreements). Forward has the right to:

(a)

provide, modify or terminate your use of Services and access to Forward Platform at any time, in its discretion; and

(b)

allow or suspend or disable some Users’ access to Forward Platform and/or any Services.

3.2 User’s Wallet Address Security

You are solely responsible for maintaining the security and confidentiality of your wallet address, seed phase, private key and password. Failure to do so may result in the loss of your Digital Asset and Forward Token associated with the Wallet. Forward is not responsible for any loss or damage arising from your failure to comply with the provisions of this paragraph. You acknowledge that we will never request, store or

3.3 Service Fees and Taxes

You will be solely responsible for all taxes payable, as required under applicable law, as well as all fees relating to Services that are incurred by you in the course of using the services provided by Forward Platform. Forward will charge you certain service fees for providing the Services to you. Any service fees imposed will also be displayed to you as part of the transaction process. You agree to pay Forward all prevailing service fees charged by Forward from time to time in connection with the provision or use of the Services.
4. Discontinuance of Services
Forward may change or discontinue any part or all of the Services, or change or remove functionality of any or all of the Services at any time. We will notify you of such discontinuation or material changes to the Services upon posting on the Forward Site, and/or our social media such as Twitter, Telegram in advance; however, no later than 30 (thirty) days. Forward has no responsibility or liability for any loss of Digital Asset and Forward Token in the event that we discontinue or change the Services.
5. Warranty and Represents of User

By accepting these Terms to access Forward Platform and/or use our Services, you represent and warrant to Forward that:

(a)

you meet all the eligibility requirements set out herein and have full power and capacity to accept these Terms and perform all your obligations under these Terms;

(b)

you agree to comply with any provisions of these Terms and applicable laws regulations, rules, and policy requirements;

(c)

you have read and understood the latest version of the Whitepaper including accepted the risk factors associated with the Services which are subject to increased risk through your misuse of private key cryptography;

(d)

you agree to secure your access to private key and/or seed phase of your wallet address or account. Forward has no responsibilities or obligations to recover of your loss;

(e)

you agree not to use the Services in any way that violates these Terms or for any illegal or unauthorized purposes, including, but not limited to, money laundering, financial terrorism, fraud, extortion, extortion, data breaches;

(f)

you agree that you will not introduce viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful to Forward Platform

(g)

you agree not to use the Service to conduct fraud and any other illegal transactions

(h)

you agree and accept that Forward will not be liable for any reason, or for any fluctuation in the value of Forward Token held in our custody or while being processed by us;

(i)

you agree to undertake any and all liabilities for your own transaction and non-transaction activities as well as any and all profits and losses from the Services;

(j)

you acknowledge and agree that the transaction details, related to Forward Token, you submit via our Services may not be completed, or may be substantially delayed, by the Binance smart chain;

(k)

you have sufficient understanding of the operation, functionality, usage, storage, transmission mechanisms and other material characteristics of the Services, staking, options, cryptographic tokens, Digital Asset and Forward Token including other related token storage mechanisms, token exchanges, blockchain technology, and smart contract technology, and impermanent loss;

(l)

you acknowledge that the expected yield displayed on Forward Platform is the estimation of yield instead of the actual yield guaranteed or promised by Forward. The actual yield may vary from the expected yield;

(m)

all documents and information (including personal information) you have provided to us are true, accurate, complete and up-to-date in all respects, and may be relied upon by us in determining whether or not you are eligible to access the Forward Platform or to use the Services.

In the event that any of the representations and warranties expressed by you in Section 5 of these Terms or in any other of its Sections, is incorrect, false, fraudulent, negligent, incomplete or misleading or in any manner, the Company shall have the right to terminate these Terms.
6. Privacy Policy
Forward may collect, use, and disclose your personal information for the purposes as described in Privacy Policy published on Forward Platform.
7. Third-Party Links
Forward Platform and the Services may contain links to third-party websites which we do not own or control. The Company has no control over and assumes no responsibility for the content, terms and conditions, privacy policies or practices of any third-party websites. We encourage you to carefully and thoroughly read the terms and conditions, privacy policies and other documents of any other websites that you visit.
8. Limitation of Liability & Dosclaimer of Warranties

8.1 Disclaimer of Warranties

The Forward Platform, Services, Forward Token, software are provided on an “as is” and “as available” basis. To the fullest extent permitted by law, Forward makes no warranty of any kind. We expressly disclaim all warranties, whether express, implied or statutory, regarding the Forward Platform and the Services, Forward Token, software including, but not limited to, any warranty of merchantability, fitness for a particular purpose, security, accuracy, freedom from computer viruses, and non-infringement. Forward makes no warranty that the Services will be uninterrupted, secure, reliable, completed or error-free; that any defects or errors will be accurately fixed; that the Services will be available and meet your requirements; or that the Services is free from computer viruses or other harmful components; or that any content and Services will be secure or not otherwise lost or changed. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content or other material obtained from the Service.

8.2 Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE OR ANY OF OUR AFFILIATES, OFFICERS, DIRECTORS, REPRESENTATIVES, AGENTS, COUNSEL, EMPLOYEES, CONSULTANTS, LAWYERS, AND OTHER PERSONNEL AUTHORIZED TO ACT, ACTING, OR PURPORTING TO ACT ON OUR BEHALF BE LIABLE TO YOU UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR: (A) ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER RESULTING FROM: (I) YOUR USE OF OUR SERVICES; (II) ANY UNAUTHORIZED USE OF YOUR WALLET ADDRESS AND/OR PRIVATE KEY DUE TO YOUR FAILURE TO MAINTAIN THE CONFIDENTIALITY OF YOUR WALLET ADDRESS; (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; OR (IV) ANY BUGS, VIRUSES, TROJAN HORSES, FLASH LOAN ATTACK THAT ARE FOUND IN THE FORWARD PLATFORM OR THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY (REGARDLESS OF THE ORIGINAL SOURCE), OR (B) ANY DIRECT DAMAGES IN THE AGGREGATE OF FEES PAID TO US FOR THE APPLICABLE SERVICES. FORWARD SHALL NOT BE LIABLE FOR ANY DAMAGES CAUSED IN WHOLE OR IN PART BY (A) THE MALFUNCTION, UNEXPECTED FUNCTION OR UNINTENDED FUNCTION OF ANY COMPUTER OR CRYPTOCURRENCY NETWORK, INCLUDING WITHOUT LIMITATION LOSSES ASSOCIATED WITH REPLAY ATTACKS, DOUBLE-SPEND ATTACKS, GOVERNANCE DISPUTES, CHANGES IN CRYPTOGRAPHY OR CONSENSUS RULES, HACKING OR CYBERSECURITY BREACHES; (B) THE CHANGE IN VALUE OF ANY CRYPTOCURRENCY; (C) ANY CHANGE IN LAW, REGULATION OR POLICY, OR (D) FORCE MAJEURE. THIS LIMITATION OF LIABILITY IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
9. Indemnity

Forward Platform and the Services may contain links to third-party websites which we do not own or control. The Company has no control over and assumes no responsibility for the content, terms and conditions, privacy policies or practices of any third-party websites. We encourage you to carefully and thoroughly read the terms and conditions, privacy policies and other documents of any other websites that you visit.

I

the User’s use of and access to this Forward Platform or the Services, the use, receipt or holding of any Digital Asset including Forward token;

II

your violation of any provisions of these Terms or Privacy Policy or any policies or agreements which are incorporated herein; and/or

III

your violation of any third-party right, including any intellectual property right, privacy right.

IV

the unauthorized use of the Services by any other person using your user’s information.

The indemnification obligations under this section shall survive these Terms and your use of the Services.
10. Intellectual Property Rights
Forward retains all right, title and interest in all of the Forward’s intellectual property contained in Forward Platform, including, but not limited to, inventions, ideas, concepts, code, discoveries, processes, marks, methods, software, compositions, formular, techniques, information and data, domain names. You agree not to use, reverse engineer, modify, transmit, or alter any of Forward’s intellectual property for any reason.
11. Force Majeure
Forward shall not be held liable for any delays, failure in performance, or interruptions of Services which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to: any delay or failure due to acts of God, act of government authorities, act of terrorism, civil disturbance, war, malicious damage, threat of terrorism, interruption in telecommunications or internet services or network provider services, failure of equipment and/or software, or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions in these Terms.
12. Term and Termination

12.1 Term

The term of these Terms will remain in effect until terminated by you or Forward.

12.2 Termination

Forward shall terminate, suspend or restrict your access to Forward Platform, and terminate these Terms, with or without cause, without prior written notice to you. You may terminate these Terms and use of Services for any reason at any time. By doing so you do not have the right to require Forward to continue to provide you with any Services or perform any other obligations.

12.3 Effect of Termination

Upon the Termination:

I

all your rights under these Terms immediately terminate;

II

you shall remain responsible for all fees and charges it has incurred through the Termination and shall be responsible for any service fees and charges it incurs during the post-termination period.

13. Entire Agreement
These Terms (including any documents, policies incorporated by reference herein) sets forth the entire understanding between you and Forward with respect to the Services.
14. Severability
If any terms of these Terms are deemed to be void, invalid, illegal or unenforceable by any applicable law. The limitation or elimination of the term will not affect any other terms.
15. No Assignment
You may not assign or otherwise transfer these Terms or your rights or obligations under these Terms (whether by operation of law or otherwise) without Forward’s prior written consent
16. No Waivers
No waiver of any part of these Terms by either you or us shall be deemed a waiver of any part of these Terms, and your or our failure to assert any rights or part of these Terms shall not be deemed or otherwise constitute a waiver of such right or part.
17. Governing Law
All claims arising out of or relating to these Terms or the Services shall be governed by, and construed in accordance with, the British Virgin Islands law, without giving effect to any principles regarding conflict of laws. You and you consent to the exclusive jurisdiction of the court of British Virgin Islands.
18. Changes to These Terms
We may change these Terms at any time by posting the amended terms on Forward Site, at our sole discretion. All amended terms shall automatically be effective when we post them on Forward Platform and you agree to be bound by any changes. IF YOU DO NOT AGREE TO ANY CHANGES TO THESE TERMS, YOU MUST DISCONTINUE USING OUR SERVICES. Your continued access and use of Forward Platform and Services shall constitute the acceptance of amened terms.