Terms of Service

Effective Date: January 1, 2022

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and Forkobo Limited (“we,” “us,” or “our”) regarding your access to and use of our services, websites, applications, and tools (collectively, the “Services”). By accessing or using our Services, you acknowledge that you have read, understood, and agreed to be bound by these Terms. If you do not agree with all provisions herein, do not access or use our Services.

1. Eligibility

You represent and warrant that you are at least 18 years of age (or the legal age of majority in your jurisdiction) and have the legal capacity to enter into these Terms. If you are using our Services on behalf of a legal entity, you represent and warrant that you have the authority to bind that entity to these Terms.

2. Account Registration

  • Accuracy of Information: You agree to provide accurate, current, and complete information when creating an account or otherwise utilizing our Services. You will promptly update any information that becomes inaccurate or outdated.
  • Security of Credentials: You are responsible for maintaining the confidentiality of your login credentials, and you accept responsibility for all activities that occur under your account.
  • Unauthorized Use: You agree to notify us immediately if you suspect any unauthorized use of your account or any other breach of security.

3. Scope of Services

Forkobo Limited provides an end-to-end service for the setup and management of online stores (e.g., Shopify), including but not limited to design, product sourcing, marketing, and general administrative tasks. We may also use third-party integrations for payment processing, analytics, and promotional activities. While we endeavor to ensure consistent revenue generation under our business model, actual performance may vary due to market conditions, consumer demand, and other external factors. No specific outcomes or results are guaranteed beyond what is stated in your chosen plan or agreement.

4. Payments and Fees

  • One-Time Fee: You agree to pay the specified one-time fee for your chosen plan (e.g., Standard or Pro) as stated on our website or in a written agreement.
  • Transaction Fees: You acknowledge that Forkobo Limited will charge a 2.5% fee on total store sales for transaction-related costs.
  • Ad Fee: A default advertising fee of USD $99 will be deducted from your store’s earnings every two (2) months. This fee covers ongoing digital marketing and paid traffic efforts to drive sales. The ad fee is mandatory and non-refundable unless otherwise agreed in writing. If your store has insufficient earnings in a given period, the fee may be deferred or collected from future earnings.
  • No Refunds: Except where required by law, all fees are non-refundable once paid. We do not offer refunds for partially used services or early termination.
  • Changes in Fees: We reserve the right to modify our pricing or introduce new charges at any time, with reasonable notice to you when legally required.

5. Intellectual Property

  • Ownership: All content, branding, software, and other materials (collectively, “Content”) provided or used by Forkobo Limited are owned by or licensed to us. You are granted only a limited, non-exclusive right to use such Content for the duration of your relationship with us.
  • User-Provided Content: By submitting any content (including text, images, product data) to or through the Services, you represent that you own or have the necessary rights to do so, and you grant Forkobo Limited a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display such content for operational purposes.

6. User Responsibilities

By using our Services, you agree that you will:

  • Comply with all applicable local, state, national, and international laws and regulations.
  • Refrain from infringing any intellectual property or proprietary rights of third parties.
  • Avoid posting or transmitting any unlawful, fraudulent, or harmful content through the Services.
  • Promptly share any important changes in your business that could impact the performance of the store (e.g., supply chain disruptions, product availability).

7. Earnings and Guarantees

Some Forkobo Limited plans offer guaranteed monthly payouts for a specified duration (e.g., 11 months). These payouts are contingent upon your adherence to these Terms and to any requirements laid out in your specific plan or agreement. Failure to comply with your obligations, including prompt payment of fees, accurate information, and cooperation with Forkobo Limited’s processes, may void any such guaranteed earnings. We do not guarantee any revenue after the stated duration.

8. Termination

  • Voluntary Termination: You may terminate your engagement with Forkobo Limited at any time by providing written notice to us. However, no refunds shall be issued for any unused portion of the Services unless expressly stated in your plan. At the end of the 11 months, you will have the option to continue with the same plan at a discounted rate or an option to opt out and cancel the plan. If you opt out, you will not be eligible for any refunds, and we will handover the store to you at a one time payment of $49. You will be responsible for the store without any setup from us. We maintain the right to our intellectual property rights which include the domain name, logo, and any other assets used in the setup of your store.
  • Termination by Forkobo Limited: We reserve the right to suspend or terminate your account and access to the Services immediately, without prior notice, if you breach these Terms or engage in any conduct that we, in our sole discretion, deem harmful to our business or reputation.

9. Disclaimers and Limitation of Liability

Your use of the Services is at your sole risk. We provide the Services “as is” and “as available,” without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. Forkobo Limited shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits or goodwill, arising out of or related to your use of or inability to use the Services, even if we have been advised of the possibility of such damages.

In no event shall Forkobo Limited’s total liability exceed the amount you paid for the Services giving rise to the claim in the last six (6) months.

10. Indemnification

You agree to defend, indemnify, and hold harmless Forkobo Limited, its officers, directors, employees, affiliates, and agents from and against any and all claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys’ fees) arising out of or in any way connected with:

  • Your breach of these Terms.
  • Your violation of any law or the rights of a third party.
  • Any content or data you submit, post, or transmit through the Services.

11. Force Majeure

We shall not be liable for any delay or failure to perform our obligations hereunder if such delay or failure results from circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, labor disputes, internet or communication outages, or government orders (“Force Majeure Events”).

12. Modifications to the Terms

Forkobo Limited reserves the right, at its sole discretion, to update or modify these Terms at any time. If material changes are made, we will notify you by posting a notice on our website or by sending an email to the address associated with your account. Your continued use of the Services following such notice shall constitute your acceptance of any revised Terms.

13. Governing Law and Dispute Resolution

These Terms and any dispute arising out of or in connection with them shall be governed exclusively by the laws of United States of America, without regard to conflicts of laws principles. You agree to attempt resolution through good-faith negotiations before pursuing any formal legal action. Any formal disputes shall be resolved through binding arbitration in United States of America, unless otherwise mandated by local law.

14. Entire Agreement

These Terms, together with any additional agreements or documents incorporated by reference, constitute the entire agreement between you and Forkobo Limited regarding the Services and supersede all prior or contemporaneous understandings, whether written or oral, concerning the subject matter hereof.

15. Contact Us

If you have any questions or concerns about these Terms or our Services, please contact us at:

  • Email: merchant@forkobo.com

By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms.