10. Limitation of Liability

At Forhopp, we take every possible step to ensure a smooth and reliable user experience. However, we recognize that certain events are beyond our control, and as such, we must clarify the limitations of our liability with respect to the services provided on the platform. This section outlines the conditions under which Forhopp shall not be held liable for specific issues that users might encounter. By using Forhopp, users acknowledge and agree to these limitations.

10.1 Forhopp’s Limitations of Liability

Forhopp will not be held liable for:

1. Losses Resulting from User Actions or Inactions

   • User Mistakes: Forhopp cannot be held responsible for any financial loss, missed deadlines, or negative outcomes resulting from user errors, including but not limited to incorrect project specifications, payment mistakes, or failure to deliver work as agreed.
   • Payment Issues: If a user fails to complete a payment transaction correctly or on time, resulting in service interruption, non-payment, or delayed payments to other parties (e.g., freelancers), Forhopp assumes no liability for these issues.
   • Disputes Between Users: Forhopp is not responsible for resolving disputes related to the execution or failure of contracts, disagreements on the quality of work, or unmet expectations between clients and freelancers.

2. Technical Disruptions

   • Outages and Delays: While Forhopp works to maintain a high level of uptime and stability, we cannot be held liable for service interruptions, technical failures, or delays on the platform, whether due to server issues, software bugs, DDoS attacks, or natural disasters.
   • Connectivity Problems: Users may experience connectivity issues or delays caused by their own internet service providers, browsers, or devices. Forhopp is not liable for these disruptions.
   • Data Loss: Forhopp is committed to data security, but cannot be held liable for accidental loss of data, including user-generated content, due to unforeseen technical failures, hacking incidents, or malfunctions beyond our control.

3. Third-Party Services

   • Payment Processors and External Integrations: Forhopp relies on third-party services for payment processing, identity verification, and other functionalities (e.g., PayPal, Stripe). While we ensure that these providers adhere to high-security standards, Forhopp cannot be responsible for their service disruptions, failure to process transactions, or any financial losses caused by these third parties.

10.2 User’s Responsibility to Mitigate Losses

While Forhopp cannot be held liable for all aspects of the service, users are encouraged to take proactive steps to mitigate risks and reduce potential losses:

1. Timely Communication

   • Users should immediately report any technical issues, payment discrepancies, or disputes via the Forhopp support center or through our helpdesk channels. Timely reporting helps resolve issues promptly and minimizes further complications.

2. Backup and Data Security

   • Users are advised to regularly back up their important data, including contracts, payment details, and project communications. While Forhopp strives to protect user data, users must ensure they maintain their own copies of critical documents.

3. Comprehensive Agreements

   • Users must ensure that agreements, including project details, payment terms, and delivery deadlines, are clearly defined in writing. We recommend that Freelancers and Clients enter into explicit agreements to minimize misunderstandings and avoid potential disputes.

10.3 Maximum Liability Limitation

In the event that Forhopp is held liable for damages arising from the use of the platform, our maximum liability shall be limited to:

• The total amount of fees paid by the user for the specific transaction related to the issue, dispute, or claim. For example, if the issue pertains to a project, Forhopp will only be liable for the transaction fee received for that particular job or project, excluding indirect, consequential, special, or punitive damages.
• Exclusion of Indirect Damages: We are not liable for any indirect, incidental, or consequential damages, including but not limited to loss of profits, revenue, goodwill, or business opportunities.
• No Liability for Future Damages: Forhopp will not be held responsible for future damages or claims, including but not limited to claims that arise from unforeseen or future technical failures or external threats to the platform.

10.4 Exceptions to the Limitation of Liability

There may be certain situations where Forhopp’s liability cannot be limited or excluded, in which case we will comply with applicable laws and regulations:

1. In case of gross negligence or willful misconduct: If Forhopp causes damage to a user due to our own intentional actions or gross negligence, our liability may extend beyond the limitations outlined above.
2. In case of statutory requirements: In some jurisdictions, certain laws may prevent us from limiting or excluding liability for specific types of damages, such as consumer protection laws or privacy regulations.
3. In case of fraud: If the damage or loss results from fraudulent activity or intentional misrepresentation by Forhopp, we will be liable for all resulting damages.

10.5 Acknowledgement of the Limitation of Liability

By using Forhopp, users acknowledge and accept the limitations of liability stated in this section. These terms are fundamental to the use of the platform and help us continue to provide high-quality services while managing risk. Users must understand that while we strive for the highest standards of service, some events are outside our control, and we cannot be held accountable for all potential issues that arise in the course of using Forhopp.

11. Governing Law

These Terms of Service are governed by and construed in accordance with the laws of Wyoming, USA, and, where applicable, the United Kingdom (UK), without regard to any conflicts of laws principles that might direct the application of laws from any other jurisdiction. By using the services provided by Forhopp, you consent to the jurisdiction of the courts located in Wyoming, USA, or the applicable courts in the UK for any disputes arising under these Terms.

11.1 Wyoming as the Primary Governing Jurisdiction

1. Legal Framework

   The laws of Wyoming, USA, will primarily govern these Terms. Wyoming has been selected due to Forhopp being registered in the state and its well-established business-friendly legal environment. Wyoming’s state laws provide a stable and predictable legal framework for addressing issues related to commerce, online platforms, and dispute resolution, ensuring the best interests of Forhopp and its users are met.

2. Regulatory Compliance

   In addition to the specific commercial laws, Forhopp must comply with federal laws within the United States where applicable. This includes regulations such as the Federal Trade Commission (FTC) guidelines on consumer protection, data privacy, and cybersecurity measures that affect online platforms and digital services. Therefore, users will be subject to the applicable laws that protect them under U.S. federal consumer rights laws.

3. Why Wyoming?

   Wyoming was chosen as the governing law jurisdiction because it is one of the leading states for tech-based companies. It offers clear statutes on business incorporation, online commerce, and digital contracts, making it a common choice for startups and tech companies like Forhopp. Moreover, Wyoming’s flexible business laws, particularly regarding online services and digital transactions, make it an ideal base for legal disputes that might arise.

11.2 The United Kingdom Jurisdictional Applicability

In cases where Forhopp operates or provides services within the UK, certain UK laws will be applicable in conjunction with Wyoming’s laws, including:

1. UK Data Protection and Privacy Laws

   • General Data Protection Regulation (GDPR): For users based in the European Union or the UK, GDPR governs data privacy. Forhopp respects these regulations and ensures compliance with strict data handling, processing, and storage practices. This includes user rights related to data access, rectification, deletion, and data portability.
   • UK Data Protection Act 2018: This Act complements GDPR in the UK, focusing on how companies process personal data of UK residents. This law ensures that UK residents have the right to privacy and allows them to take action if their rights are violated in relation to personal data.

2. Applicability of UK Laws

   • For users residing in the UK, any disputes arising from the use of Forhopp services related to consumer protection, payment transactions, and contractual obligations will be subject to UK law.
   • Additionally, UK-based users will be able to raise complaints with the UK Information Commissioner’s Office (ICO), which enforces data protection laws in the UK.

3. Legal Proceedings in the UK

   • For users in the UK, if a legal issue arises, Forhopp will adhere to the appropriate UK jurisdiction and venue, allowing users to resolve disputes within their home legal system. UK-based users may opt for a hearing in UK courts, especially in cases concerning consumer protection rights and data privacy violations.

11.3 Conflict of Law Considerations

1. Principles of Conflict of Laws

   In case of a dispute regarding which jurisdiction’s laws apply, conflict of law principles will be considered. If the user is outside the jurisdiction of Wyoming, the choice of governing law may be subject to the conflict of law rules. However, Forhopp has taken steps to ensure that this clause complies with both Wyoming law and international law, ensuring that the choice of venue (i.e., Wyoming or UK) provides a fair process for dispute resolution.

2. Enforceability of Legal Provisions

   In the event that any part of the Terms is found to be unenforceable under the law, the remaining provisions will remain valid and enforceable. This ensures that users’ rights are upheld in all applicable jurisdictions, whether they are in the U.S., the UK, or other regions.

11.4 User Consent to Jurisdiction

By using Forhopp’s platform, you agree to submit to the exclusive jurisdiction and venue of the courts in Wyoming, USA, or London, UK, depending on the circumstances. This consent allows both parties to avoid confusion and ensure that the dispute resolution process takes place under the agreed jurisdiction, simplifying legal proceedings and minimizing conflicts.

11.5 International Dispute Resolution

For international users, we understand that certain legal issues may arise outside of Wyoming or the UK. In such cases, Forhopp offers an alternative dispute resolution (ADR) process through arbitration or mediation. This helps resolve issues more quickly and efficiently without needing to go through a traditional courtroom process.

1. Arbitration

   In case the user is located outside of Wyoming or the UK, arbitration may be used as an alternative method for dispute resolution. Arbitration is a neutral third-party process where both parties agree to abide by the decision made by an arbitrator.

2. Mediation

   Mediation may also be used as a voluntary process to negotiate a settlement outside of formal arbitration, which can be faster and more collaborative than going to court.