ERPC - Enhanced Solana RPC

Terms of Service

1. General

These Terms of Service (the "Terms") set out the conditions for using ERPC and related services provided by ELSOUL LABO B.V. (Amsterdam, the Netherlands; Chamber of Commerce number 80297625; "we", "us", or "our") (collectively, the "Service"). If you create an account for the Service or apply for a paid plan, you are deemed to have agreed to these Terms and our Privacy Policy.

2. Scope and intended users

The Service is provided as infrastructure and API services for businesses, developers, and technical users. The Service is not designed as a consumer-facing service, and we do not provide a consumer sign-up flow.
When applying for a paid plan, you shall provide or confirm the following:
(a) Company or business name (required).
(b) Confirmation that you are using the Service for business or professional purposes (required).
(c) Country (required).
(d) VAT number or business registration number (optional; if provided, it will be used to confirm your status as a business user).

3. Service description

The Service includes, but is not limited to, the following categories:
(a) RPC and API Services — Remote Procedure Call endpoints, APIs, and other ancillary features related to the Solana network.
(b) Dedicated Server Services — Virtual Private Servers (VPS) and bare-metal servers provisioned for the user.
(c) Streaming Data Services — Real-time blockchain data streams, including shared and dedicated gRPC connections, shared and dedicated Shredstream connections, and other streaming endpoints relayed from third-party sources such as Solana and other networks.
(d) NFT-based Service Benefits — Service benefits provided free of charge, at our discretion, to holders of NFTs designated by us (such as BDLC NFTs). Details are set out in Section 8.
We may change, add to, or discontinue the content, specifications, or configuration of the Service as necessary.

3.1 Permitted internal and customer-product use

Subject to your plan, technical limits, and these Terms, you may use the Service for your own internal business purposes and as a backend or infrastructure component of your own products and services.
For clarity, you may use Dedicated Server Services, RPC and API Services, and Streaming Data Services to build, operate, and support your own applications, automation, bots, wallets, trading systems, developer tools, and other Web3 or blockchain-related services, provided that you do not thereby provide the Service itself, or standalone or substantially similar Solana connectivity obtained from the Service, to third parties except as expressly authorized by us in writing.
For further clarity, merely combining, blending, normalizing, filtering, deduplicating, transforming, mirroring, replicating, multicasting, fan-out routing, rebroadcasting, or otherwise processing Service-derived Solana connectivity together with third-party connectivity or data does not create a permitted independent service if a third party is still materially receiving Solana connectivity or streaming data sourced in whole or in part from the Service.

3.2 No implied resale, redistribution, or partner rights

Unless we expressly agree otherwise in a separate written partner, reseller, enterprise, or other commercial agreement, your purchase or use of the Service does not include any right to resell, white-label, sublicense, redistribute, expose, broker, aggregate, relay, proxy, multicast, mirror, replicate, rebroadcast, blend with third-party sources, or otherwise commercialize any Solana connectivity, endpoints, APIs, streams, node access, or other access obtained from the Service for third parties.
This restriction applies whether such access is provided under your own branding or ours, and whether you charge separately, bundle it into another offering, or provide it free of charge.

4. Delivery and availability

The Service is provided on a best-effort basis. We do not provide any specific guarantees (SLA) regarding uptime, response time, availability, or performance. All or part of the Service may become temporarily unavailable due to maintenance, incidents, or external factors.

5. Dedicated Server Services — data and storage

5.1 Performance-optimized design

Our Dedicated Server Services (including VPS and bare-metal servers) are built with maximizing processing speed and network throughput as the primary design objective. To achieve this objective, we may employ storage configurations that do not provide redundancy (such as RAID 0). RAID 0 does not mirror or parity-protect data and offers no data recovery capability in the event of a storage device failure.

5.2 No data guarantee

We do not guarantee the integrity, persistence, availability, recoverability, or any other aspect of data stored on our Dedicated Server Services. Data may be lost, in whole or in part, with or without prior notice, due to hardware failure (including storage reaching end of life), maintenance, performance optimization work, firmware updates, system rebuilds, or any other cause. Maintenance involving performance improvements may entail changes to system design, and existing data may not be preserved.

5.3 User responsibility for backups

You are solely responsible for regularly backing up all data on the Dedicated Server Services and storing such backups in an environment that is physically separate from the server. We accept no liability for data loss resulting from your failure to maintain adequate backups.
Our Dedicated Server Services do not provide data redundancy within a single server. If you require high availability or fault tolerance, we recommend adopting a distributed architecture using multiple physically separate nodes and maintaining backups in an environment independent of the server. Storing critical data exclusively on a single server is not recommended.

5.5 User acknowledgment of design philosophy

By subscribing to the Dedicated Server Services, you acknowledge and accept that the Service is designed to prioritize performance above all else, that data redundancy and integrity are subordinate to this priority, and that a risk of data loss exists. The Service is not suitable for use cases where data integrity is the primary requirement.

6. Account management

6.1 User responsibility

You are responsible for managing your account information (authentication credentials, API keys, etc.) at your own risk. Even if unauthorized use by a third party occurs, we will not be liable for any damages incurred by you.

6.2 Account recovery and ownership transfer

If you lose access to your account due to compromise of a third-party authentication provider (such as Discord), you may request an account ownership transfer by contacting our support team. We will verify your identity through multiple independent factors (such as registered email ownership, API key knowledge, payment method verification, and registered business address or billing address verification) before processing any transfer. We process such requests in good faith based on the verification information available to us, and we shall not be liable for any transfer processed after successful completion of our verification procedure, even if the request was ultimately unauthorized. We are not obligated to process any transfer request where verification is insufficient.

7. Fees and payments

Fees, billing periods, payment methods, and other conditions for paid plans are as displayed on the Service. Payments are made via payment methods designated by us (such as Stripe). Once the Service is deemed fulfilled in accordance with Section 9 below, fees already paid are non-refundable except where a refund is strictly required by applicable mandatory law.

8. NFT-based service benefits

8.1 Nature of benefits

We may, at our discretion, provide certain features of the Service free of charge as a benefit to holders of NFTs designated by us (such as BDLC NFTs). Use of the Service through NFT-based benefits is distinct from a paid plan subscription and does not involve any monetary payment by the user.

8.2 No warranty

Services provided through NFT-based benefits are offered on an as-is basis. We make no warranty or guarantee of any kind regarding the content, scope, quality, availability, continuity, performance, or any other aspect of NFT-based benefits.

8.3 Modification, suspension, and discontinuation

We may change, suspend, or discontinue the content, eligible NFT types, conditions, or scope of NFT-based benefits at any time without prior notice.

8.4 No refund or compensation

NFT-based benefits are provided free of charge. No refund, credit, compensation, or damages shall be payable in connection with any change, suspension, discontinuation, insufficiency, quality degradation, unavailability, or any other matter relating to NFT-based benefits.

8.5 No guarantee of NFT value

We make no warranty or representation that the existence or content of NFT-based benefits will affect the market value, tradability, or any other economic value of the eligible NFTs. The acquisition, holding, or sale of NFTs is undertaken at your own discretion and risk.

8.6 Application of other terms

Users of NFT-based benefits are subject to all provisions of these Terms except for Fees and payments (Section 7) and Fulfilment of service and no-refund policy (Section 9), including but not limited to Prohibited activities, Limitation of liability, and Governing law.

9. Fulfilment of service and no-refund policy

9.1 Nature of the transaction

The Service is offered exclusively through our website as an online distance sale initiated by the user. The Service is provided to businesses, developers, and technical users (B2B). Consumer protection withdrawal rights (herroepingsrecht) under Dutch law (Article 6:230o of the Dutch Civil Code) do not apply to B2B transactions.

9.2 Fulfilment criteria

Service fulfilment is deemed complete when our initial provisioning and delivery steps under our control are complete and the credentials, connection details, endpoint information, or other access information necessary for initial access in accordance with our standard setup have been made available to you, regardless of whether you actually log in, connect, or use the Service thereafter.
If you do not perform an initial access check within a reasonable period after such information is made available, or do not notify us within that period of a specific access failure with reasonable detail, such failure to check or notify will not constitute evidence that fulfilment has not occurred.
However, if you notify us within a reasonable period of a specific access failure and a material defect is confirmed in credentials, connection details, endpoints, or server-side initial configuration under our control, fulfilment will be deemed incomplete until such defect is remedied. Fulfilment is not delayed by issues attributable to your own environment, downstream systems, internet routing, third-party carriers, or third-party networks or protocols outside our reasonable control.
(a) Dedicated Server Services: Fulfilment occurs when the server has been provisioned and the access credentials (IP address, login information, and other connection details) necessary for initial access in accordance with our standard setup are sent to the email address registered to your account, or are made available to you through our management dashboard in a manner ordinarily accessible to you, whichever is earlier. Whether or not you subsequently access or use the server, the service is considered delivered at that point.
(b) Streaming Data Services: Fulfilment occurs when the data stream endpoint, connection information, or access credentials under our control are made available to you in a manner ordinarily accessible to you. Actual reception, ongoing use, or continuity of the data stream is not required for fulfilment where any reception, routing, continuity, or quality issue is attributable to third-party networks, protocols, carriers, or your own environment.
(c) RPC and API Services: Fulfilment occurs when your account is created and API keys or access credentials enabling initial authenticated access to the relevant endpoint under our control are issued and made available to you in a manner ordinarily accessible to you.

9.3 Email delivery and user responsibility

Your email address was verified through our email verification process at the time of account registration (by clicking a verification link sent to that address). Accordingly, any failure to receive emails sent to your registered email address — including access credentials and service notifications — is your responsibility. We maintain transmission logs as evidence of delivery.

9.4 No refund after fulfilment

Once fulfilment is complete as defined in Section 9.2, all fees paid are final and non-refundable, regardless of whether you have actually used the Service.

9.5 Streaming Data Services — third-party dependencies

Streaming Data Services relay data originating from third-party blockchain networks and protocols (such as Solana and other networks). The availability, continuity, completeness, and accuracy of such data streams depend on infrastructure operated by third parties beyond our control. Disconnections, data gaps, latency, reception failures, or any other disruptions attributable to third-party networks or protocols do not constitute grounds for a refund, credit, or compensation.

10. Payment failure and service suspension

If your payments continue to fail for a certain period, we may, without prior notice, suspend all or part of the Service and reclaim resources allocated to your account. In such cases, your data, settings, configuration information, etc. stored on systems we manage may be deleted within a reasonable period and cannot be restored.

11. Prohibited activities

When using the Service, you must not engage in any of the following:
(a) Acts that violate applicable laws or public order and morals.
(b) Unauthorized access, excessive load, denial-of-service attacks (including DDoS), or any other acts that interfere with or disrupt the Service.
(c) Acts that infringe the rights or interests of us or third parties.
(d) Circumventing, disabling, or bypassing specifications, rate limits, usage limits, or other technical restrictions of the Service.
(e) Reverse engineering, decompiling, or disassembling APIs, infrastructure, or any other component of the Service.
(f) Reselling, sublicensing, lending, transferring, white-labeling, redistributing, or otherwise making the Service, any credentials, or any Solana connectivity, endpoint, API, stream, node access, or similar access obtained from the Service available to third parties without our prior express written permission.
(g) Sharing your account credentials (API keys, login information, etc.) with third parties, or creating multiple accounts to circumvent usage limits of the Service.
(h) Publishing or disclosing to third parties any performance measurements (benchmarks) of the Service in a manner that is false, misleading, based on non-reproducible conditions, or that includes our confidential information.
(i) Using the Service in violation of sanctions laws or export control regulations imposed by the United Nations, the European Union, the Netherlands, the United States, or any other applicable jurisdiction. This includes providing, re-providing, or granting access to the Service to sanctioned countries, sanctioned persons, or embargoed parties.
(j) Distributing illegal content, generating chain spam or wash-trading-like traffic, or engaging in any other activity that undermines the health of the network through the Service.
(k) Using the Service as a shared gateway, reverse proxy, pass-through layer, traffic-forwarding layer, aggregation layer, multicast or fan-out layer, mirrored or rebroadcast feed, blended or mixed-source feed, failover or backup path for a downstream commercial offering, white-label endpoint, or redistribution layer for third parties, including with respect to RPC, WebSockets, gRPC, Shredstream, Shreds, or similar Solana connectivity, including where the Service is only one source, one leg, or one portion of the downstream offering, or otherwise enabling third parties to access or materially benefit from the Service beyond the scope expressly permitted by their plan or our prior written authorization.
(l) Sending fabricated, irrelevant, malformed, excessive, or non-production traffic, payloads, uploads, or requests for the purpose of consuming bandwidth, storage, compute, or other resources, evading usage-based pricing, probing limits without authorization, or degrading the Service or upstream or downstream infrastructure.
(m) Any malicious, fraudulent, deceptive, or abusive use of the Service, including any use that we reasonably and in good faith determine is intended primarily to circumvent commercial terms, consume disproportionate resources, interfere with other users, or create operational, security, or legal risk for us or third parties.
(n) Any other acts that we reasonably and in good faith determine are inappropriate in light of security, network integrity, legal compliance, or the protection of other users or third parties.

12. Suspension, key revocation, resource reclamation, and termination

12.1 Emergency protective measures

If we reasonably and in good faith suspect a violation of these Terms, a security incident, malicious or abusive use, sanctions-related risk, or any conduct that may harm the Service, us, third parties, or network health, we may, without prior notice and to the extent reasonably necessary, suspend or limit access to all or part of the Service, revoke, rotate, or invalidate API keys and credentials, apply filters or rate limits, block traffic, isolate workloads, reclaim allocated resources, or take other protective measures.

12.2 Material breach and immediate termination

Any material violation of these Terms, including the acts described in Section 11(b), (d), (f), (g), (i), (j), (k), (l), or (m), constitutes a material breach. In such cases, and to the extent permitted by applicable law, we may suspend your account, terminate all or part of the Service with immediate effect, or terminate the agreement without prior notice, prior demand, or cure period.

12.3 Effect of suspension or termination

Upon suspension or termination, your right to access and use the affected Service ceases immediately to the extent of the suspension or termination. We may deactivate accounts, invalidate credentials, disable endpoints, reclaim servers or other allocated resources, and delete related data, settings, or configuration information within a reasonable period. Unless mandatory law requires otherwise, no refund, credit, or compensation will be due in connection with such measures, and you remain responsible for fees, charges, and obligations accrued up to the effective date of suspension or termination.
If you engage in malicious, fraudulent, abusive, or materially unauthorized use of the Service, or if we reasonably and in good faith take technical, operational, investigative, enforcement, or third-party response measures because of your conduct, you shall reimburse us on demand for the reasonable documented internal and external costs and charges thereby incurred. These may include documented costs of investigation, traffic filtering, blocking, mitigation, incident response, service restoration, internal personnel time calculated using our standard hourly rates actually applied, third-party mitigation, filtering, investigation, or response fees, professional fees, and extraordinary bandwidth, storage, compute, or infrastructure consumption.
The reimbursement obligations in this Section are intended as independent payment obligations for abuse-response costs, extraordinary resource consumption, and related charges, and not solely as a claim for statutory damages.
If we reasonably and in good faith determine that you created or used multiple accounts in order to obtain free trials, free-tier allowances, promotional credits, or other limited-use benefits more than once, or otherwise to circumvent plan, pricing, or eligibility limits, we may, without prejudice to any other remedy, consolidate such accounts for billing purposes and invoice you, to the extent not already paid, for the aggregate usage across such accounts at the standard published rates applicable to the relevant Service at the time of use.
If you, without our prior express written permission, make any part of the Service or any Solana connectivity, endpoint, API, stream, node access, or substantially similar access obtained from the Service available to third parties, whether by resale, sublicensing, white-labeling, pooling, aggregation, brokering, relaying, forwarding, proxying, mirroring, replicating, multicasting, fan-out delivery, rebroadcasting, blending with third-party sources, or similar commercialization, including where the Service is used as one source within a blended, mixed-source, failover, mirrored, multicast, fan-out, normalized, filtered, or partially redistributed downstream offering, we may, without prejudice to any other remedy, invoice you, to the extent not already paid, for the fees that would have been payable had each such downstream customer, business, organization, application, workload, endpoint, stream, or other materially separate third-party use case been subscribed directly with us, or under the appropriate partner, reseller, enterprise, dedicated, or other commercial arrangement corresponding to the nature and scale of the access actually provided, for the relevant period at the standard published rates or, where no public rate exists, our standard commercial rates ordinarily applied for comparable arrangements at the time of use.
For clarity, the foregoing right to invoice applies even if the downstream offering includes third-party sources, exposes only selected messages, events, packets, or outputs, or provides only a subset, derivative, or redundancy path of Service-derived Solana connectivity or streaming data.
Where appropriate in light of the nature, duration, scale, intent, and impact of the breach, we may also claim a reasonable contractual penalty, determined on a case-by-case basis and proportionate to the circumstances. To the extent permitted by applicable law, any such contractual penalty may be claimed in addition to reimbursement of the foregoing costs and charges, collection of outstanding fees and charges, and any injunctive, protective, or other relief available under applicable law.

12.5 Compliance verification, downstream responsibility, and additional relief

You shall maintain complete and accurate records reasonably sufficient to verify compliance with Sections 3 and 11, including, where applicable, records of downstream customers, use cases, endpoints, credentials, routing topology, source composition, replication, multicast, fan-out, or failover design, and materially relevant usage metrics, during the term and for at least 12 months thereafter. Upon our reasonable request in connection with suspected unauthorized resale, redistribution, or other prohibited third-party enablement, you shall promptly provide such records and other reasonable cooperation.
You are responsible for all acts and omissions of any person or entity to whom you provide access derived from the Service. To the maximum extent permitted by applicable law, you shall indemnify and hold us harmless from third-party claims, losses, liabilities, damages, costs, and expenses (including reasonable professional and legal fees) arising out of or relating to your unauthorized resale, redistribution, white-labeling, proxying, pass-through use, or other prohibited third-party enablement of the Service.
Nothing in these Terms limits our right to seek immediate injunctive, protective, or other equitable relief in connection with suspected unauthorized resale, redistribution, or other prohibited third-party enablement of the Service.

13. Third-party services

The Service may integrate with third-party services such as the Solana network, Discord, and Stripe. We are not responsible for outages, specification changes, or suspensions attributable to such third-party services. In particular, Streaming Data Services relay data originating from third-party blockchain networks and protocols. We do not guarantee the continuity, completeness, or accuracy of such data. No refund, credit, or compensation will be provided for any disruption, disconnection, or data loss caused by third-party services.

14. Taxes and VAT

14.1 Prices and taxes

Unless expressly stated otherwise on the Service or on the applicable invoice, fees are exclusive of VAT and any other applicable taxes, levies, duties, or similar governmental charges.

14.2 User tax responsibility

You are responsible for any VAT and any other taxes, levies, duties, withholdings, or similar governmental charges arising from your purchase or use of the Service, other than taxes based on our net income. If any withholding or deduction is required by law, you shall pay such additional amount as may be necessary so that we receive the full amount that would have been payable absent such withholding or deduction, to the maximum extent permitted by applicable law.

14.3 Invoicing information and reverse-charge treatment

You shall provide accurate billing, company, tax, and VAT information, including any VAT number or business registration number reasonably requested by us. Where a reverse-charge mechanism or similar B2B tax treatment applies, you shall provide the information and cooperation reasonably necessary for us to apply it correctly, and we may correct invoices or charge VAT where the information provided is incomplete, invalid, or cannot be verified.

15. Force majeure

15.1 Force majeure events

We will not be liable for any delay, failure, suspension, degradation, or non-performance caused by circumstances beyond our reasonable control, including failures or interruptions involving upstream providers, data centers, carriers, cloud platforms, payment processors, identity or authentication providers, third-party blockchain networks or protocols, denial-of-service attacks, malicious third-party conduct, war, terrorism, civil unrest, sanctions, export-control measures, government actions, labour disputes, internet or power failures, natural disasters, epidemics, or changes in law or regulation.

15.2 Measures and termination during force majeure

We may suspend, limit, or adjust the Service to the extent reasonably necessary in connection with a force majeure event. If a force majeure event materially prevents continued performance of the affected Service for an extended period, either party may terminate the affected Service by written notice. Fees already accrued or attributable to services already fulfilled remain payable, and amounts already paid remain non-refundable except where applicable mandatory law requires otherwise.

16. No guarantee of outcomes

The Service does not guarantee any specific results, performance, outcomes, or economic benefits. You use the Service at your own discretion and responsibility.

17. Limitation of liability

17.1 Exclusion of liability

To the maximum extent permitted by applicable law, we will not be liable for any damages arising from your use of, or inability to use, the Service, except in cases of our willful misconduct or gross negligence.

17.2 Exclusion of indirect damages

To the maximum extent permitted by applicable law and regardless of the cause, we will not be liable for any indirect, special, incidental, consequential damages, loss of profits, loss of opportunity, loss of data, business interruption damages, or any similar damages, even if we have been advised of the possibility of such damages.

17.3 Liability cap

Our total aggregate liability to you for any and all claims arising out of or in connection with the Service shall in no event exceed the total amount of fees actually paid by you to us during the 12-month period immediately preceding the date on which the cause of the first claim arose.

18. Compliance and cooperation with authorities

Where we suspect conduct that may violate applicable laws, we may cooperate with relevant authorities as necessary.

19. Intellectual property

All intellectual property rights in and to the Service and related software, documentation, configuration, etc. belong to us or the rightful rights holders.

20. Changes to these Terms

20.1 Right to amend

We may change these Terms as necessary.

20.2 Notice of material changes

For changes to these Terms that may materially disadvantage users (including but not limited to fee increases, tightening of liability limitations, and reduction of the scope of the Service), we shall notify users at least 30 days before the effective date of the change by sending a notice to their registered email address or by posting a notice on the Service website.

20.3 Acceptance of changes

If you continue to use the Service after the effective date of a notified change, you shall be deemed to have accepted the change. If you do not agree to the change, you may terminate your use of the Service by cancelling your account before the effective date of the change.

20.4 Minor changes

Notwithstanding the foregoing, minor changes that do not materially disadvantage users — such as updates required to comply with changes in applicable law, correction of typographical errors, or similar amendments — shall become effective upon publication on our website and do not require advance notice.

21. General provisions

21.1 Severability

If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be enforced to the maximum extent permitted under applicable law, and the validity and enforceability of the remaining provisions of these Terms shall not be affected.

21.2 No waiver

Any failure or delay by us in exercising any right or remedy under these Terms shall not constitute a waiver of such right or remedy.

21.3 Assignment

You may not assign or transfer any of your rights or obligations under these Terms, in whole or in part, to any third party without our prior written consent. We may assign or transfer any of our rights or obligations under these Terms, in whole or in part, to a third party upon notice to you.

21.4 Entire agreement

These Terms (including our Privacy Policy and the fee conditions separately displayed on the Service) constitute the entire agreement between you and us with respect to the use of the Service and supersede all prior agreements, representations, or understandings relating to the Service.

21.5 Notices

Notices from us to you shall be sent by email to the email address registered to your account or posted on the Service website. Notices from you to us shall be directed to the contact point designated by us.

21.6 Language

These Terms may be provided in Japanese and English. In the event of any conflict or discrepancy between the Japanese version and the English version, the English version shall prevail.

22. Governing law and jurisdiction

These Terms are governed by the laws of the Netherlands. Any disputes arising in connection with the Service will be subject to the exclusive jurisdiction of the courts of the Netherlands as the court of first instance, except where applicable mandatory provisions of law provide otherwise.