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 primarily as infrastructure and API services for businesses, developers, and technical users. Individual use is not excluded; however, the Service is not designed as a consumer-facing service.
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.
We may change, add to, or discontinue the content, specifications, or configuration of the Service as necessary.
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. Account management
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. 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 7 below, fees already paid are non-refundable except where a refund is strictly required by applicable mandatory law.
7. Fulfilment of service and no-refund policy
7.1 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 primarily to businesses, developers, and technical users (B2B). Consumer protection withdrawal rights (herroepingsrecht) under Dutch law (Article 6 of the Dutch Civil Code) do not apply to B2B transactions. Even where an individual user qualifies as a consumer, by accepting these Terms and requesting immediate access to the Service, the user expressly consents to immediate performance and acknowledges that the right of withdrawal is lost upon fulfilment of the Service (Article 6 of the Dutch Civil Code).
7.2 Fulfilment criteria
Service fulfilment is deemed complete upon the occurrence of the following events, regardless of whether you actually use the Service thereafter:
(a) Dedicated Server Services: Fulfilment occurs when access credentials (IP address, login information, and other connection details) are sent to the email address registered to your account. Whether or not you 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 are made available to you. Actual reception or use of the data stream is not required for fulfilment.
(c) RPC and API Services: Fulfilment occurs when your account is created and API keys or access credentials are issued.
7.3 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.
7.4 No refund after fulfilment
Once fulfilment is complete as defined in Section 7.2, all fees paid are final and non-refundable, regardless of whether you have actually used the Service.
7.5 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.
8. 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.
9. Prohibited activities
When using the Service, you must not engage in any of the following:
- acts that violate laws or public order and morals
- acts that interfere with the Service, including unauthorized access or excessive load
- acts that infringe the rights or interests of us or third parties
- acts that circumvent specifications or limitations of the Service
- reverse engineering of APIs, infrastructure, etc.
- resale, lending, or transfer of the Service (unless expressly permitted by us)
- any other acts that we deem inappropriate
10. Suspension and termination
If you violate these Terms, or if we deem it necessary for the operation of the Service, we may suspend your access to all or part of the Service, suspend your account, or terminate the agreement without prior notice.
11. 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.
12. 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.
13. Limitation of liability
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. We will not be liable for any indirect, special, incidental, consequential damages, loss of profits, or loss of data.
14. Compliance and cooperation with authorities
Where we suspect conduct that may violate applicable laws, we may cooperate with relevant authorities as necessary.
15. 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.
16. Changes to these Terms
We may change these Terms as necessary. The updated Terms will become effective upon publication on our website.
17. 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.