Terms of Use

Supplemental Terms of Use

Last updated: October 2025

Please read these Terms of Use (“Supplemental Terms”) carefully before agreeing to use the www.flowbotforge.com website or any page thereof (collectively, the “Website”) and any services (the “Services”) offered or provided by Forge Capital, a subsidiary of Flowbot Forge Inc. (“Forge Capital,” “Company,” “we,” “us,” or “our”).

For purposes of these Supplemental Terms, “you” or “your” means the person(s) using this Website and/or the Services, both individually and as an employee or agent, if applicable.

Acceptance of These Supplemental Terms

These Supplemental Terms apply to all users of the Website and Services who have indicated acceptance hereto. These terms expand on the Company’s Terms of Use, which remain binding on all users. The Terms of Use are incorporated herein as if fully set forth below.

Your access to and use of the Website and the Services beyond the point at which you are prompted with these Supplemental Terms is conditioned upon your acceptance of and compliance with these terms.

BY ACCESSING OR USING THE WEBSITE OR SERVICES, YOU AGREE (ON BEHALF OF YOURSELF AND ANY INDIVIDUAL OR ENTITY YOU REPRESENT) TO BE BOUND BY THESE TERMS. IF YOU DISAGREE WITH ANY PART OF THESE TERMS, YOU MUST IMMEDIATELY CEASE USING THE WEBSITE OR SERVICES.

Scope of Engagement

Provision of Access

Subject to and conditioned on your compliance with this Agreement, we grant you a non-exclusive, non-transferable right to access and use the Services as described in the materials made available to you. Such Services may include access to one or more virtual data rooms, governed by these Terms.

The Services may include provision of your information to certain third parties, including but not limited to borrowers or lenders who have access to the Services (“Counterparties”). You authorize us to share such information with Counterparties consistent with our Privacy Policy, which is incorporated by reference.

Acknowledgements

In addition to the acknowledgements in the Terms of Use, you specifically acknowledge that:

We do not make loans or credit decisions, issue commitments, act as your agent, or provide financial or investment advice. Forge Capital is not a financial institution, and providing information through our Services does not constitute a loan application.
If and when your information is provided to Counterparties, you may be asked to upgrade your account or complete a formal application directly with them.
You may, at some point, be put in direct contact with one or more Counterparties. You may be required to complete a formal application by any such Counterparty, which such application may require you to pay additional fees or costs directly to such Counterparty.

Authorized Users

Access to the Services is limited to your employees, consultants, contractors, or agents authorized under these Terms (“Authorized Users”).

You agree to maintain confidentiality of login credentials and promptly notify us of any unauthorized access.

You are responsible for all acts and omissions of Authorized Users, and any act or omission by an Authorized User that would constitute a breach of this Agreement if taken by you will be deemed a breach of this Agreement by you.

User Contributions & Commitments

Contributions

By submitting information (“User Contributions”) through the Website, you represent and warrant that:

You own or control all rights to the information;
The information is accurate and truthful;

You are submitting it for the stated purposes;
All User Contributions comply with these Terms.

You are solely responsible for the accuracy of any User Contribution. You specifically acknowledge and agree that (i) we are not responsible for the accuracy of any User Contribution; (ii) we do not verify or conduct diligence regarding the accuracy of any User Contribution; and (iii) information from any User Contribution may be disclosed to and relied upon by Counterparties.

By submitting any User Contribution, you grant the Company a non-exclusive, royalty-free, worldwide license to use the information contained therein and to use and display any such information incorporated within any aggregated statistics.

Commitments

You hereby agree to receive any notices about the Services electronically, that your information technology systems meet the technical requirements for such receipt, and that you are able to access and retain copies of any notices or other information that is sent to you or otherwise made available to you electronically.

You hereby agree to not circumvent or attempt to circumvent, including by way of assisting, or attempting to assist, any Counterparty in circumventing, the relationship between any Counterparty and the Company or between you and the Company in an effort to reduce, remove or avoid any fees, commissions, remunerations or any other consideration, or to otherwise cause the same not to be paid to the Company or its affiliates.

Should the Company contact you regarding the status of any proposed transaction between you and any Counterparty, or any related topic, you hereby agree to truthfully inform the Company of the status and substance thereof.

Fees and Payment

You hereby agree to pay any and all fees that are communicated to you by the Company and to which you have electronically acknowledged your consent, including but not limited to any fee imposed due to the renewal or autorenewal of any subscription. When you agree to utilize those Services for which the Company charges a fee, you will be required to input payment information for your credit card or other payment method. You hereby agree to have the Company charge you, via your credit card or other payment method, for the fees related to any Services that you have agreed to purchase, and to pay any such fees pursuant to any terms communicated to you by the Company. All fees paid by you or on your behalf to the Company are non-refundable unless explicitly set forth otherwise herein. All fees must be paid in US dollars.

Please note that certain Counterparties may pay the Company a fee for certain transactions. Such fees are separate and apart from any fees to which you agree.

Termination

In addition to the Monitoring and Enforcement rights set forth in the Terms of Use, and any other termination or suspension rights set forth therein, the Company may restrict access to your account at any time and for any reason, provided, however, that if the Company restricts access to your account for a reason other than your suspected violation of the Terms, then if applicable, the Company will refund the prorated portion of any fees or payments made for the remainder of the applicable period to which such fees or payment applied.

Upon termination of your right to access the Services, you shall immediately discontinue any use thereof.

The Company may, following termination, delete or retain any User Contribution or other information, consistently with the Privacy Policy.

Confidentiality

Your Confidential Information

We agree to treat your non-public information as confidential (“Confidential Information”) and use it only for providing the Services, exploring business relationships, or facilitating introductions to Counterparties. We may use your Confidential Information to compile aggregated statistics or otherwise use anonymized information to improve our business.

Counterparty Confidential Information

If we disclose any Counterparty’s confidential information to you, you must safeguard it and use it only to explore legitimate transactions.

Forge Capital Information

Any non-public or proprietary information disclosed to you about Forge Capital or Flowbot Forge Inc. (“Company Information”) must be kept confidential and used only for your permitted purposes.

You acknowledge that the Company may disclose to you its confidential information (“Company Information”), defined as any information about the Company or its business (including but not limited to all aspects of your account, the Company’s processes, any data room to which you are granted access, and any communications with Counterparties, among others) that is not publicly accessible. You hereby agree (a) not to disclose or otherwise make available Company Information to any third party without the prior written consent of the Company; provided, however, that you may disclose the Company Information to your officers, employees, consultants, affiliates, and legal advisors who have a “need to know,” who have been apprised of this restriction, and who are themselves bound by nondisclosure obligations substantially similar to those set forth herein; and (b) to use the Company Information only for the purposes of performing your obligations under these Terms or making use of the Services; and (c) to promptly notify the Company in the event you become aware of any loss or disclosure of any Company Information. If you become legally compelled to disclose any Company Information, you shall provide: (a) prompt written notice of such requirement so that the Company may seek a protective order or other remedy; and (b) reasonable assistance in opposing such disclosure or seeking a protective order or other limitations on disclosure.

You agree to take and use particular caution when accessing the Services, especially if accessing from a public or shared computer, so that unauthorized third parties are not able to view or record Company Information.

Equitable Relief

You acknowledge that any breach of confidentiality may cause irreparable harm to Forge Capital or Counterparties, and monetary damages may be inadequate. Accordingly, Forge Capital is entitled to seek equitable relief.

Disclaimers & Limitation of Liability

Forge Capital does not endorse or recommend any Counterparty.
We are not responsible for the actions, terms, or conduct of any Counterparty.
We do not guarantee funding or successful completion of any transaction.
Use of our Services is entirely at your own risk.

We do not endorse or recommend any Counterparty. We make no representations or warranties about the quality of any Counterparty. If you are communicating with one or more Counterparties, we make no representations and warranties about any such communications. We do not act as an agent of any Counterparty and we do not guarantee that any transaction between you and any Counterparty will transpire. We do not make any representations regarding the terms any Counterparty may offer to you, including but not limited to whether such terms are favorable to you or whether you might obtain more favorable terms elsewhere. We may elect to exclude certain Counterparties from any list made available to you at our discretion and based on factors that we may determine.

We do not endorse or recommend you to any Counterparty. In performing the Services, we are not acting as your agent. We do not guarantee funding of any kind or the success of any transaction. To the extent we provide Services to assist or facilitate you in seeking a transaction with any Counterparty, we provide any such Services on an as-is basis and we make no representations or warranties regarding the quality of such services.

Should you communicate with any Counterparty, you are solely responsible for having legal counsel review all communications with any such Counterparty. We do not verify or conduct diligence regarding the quality or accuracy of any data or information provided by any Counterparty, and we are not responsible for the accuracy of any such information. Your reliance upon any such information is at your own risk.

To the extent you are required by any Counterparty to pay any fees or costs directly to such Counterparty, you specifically acknowledge and agree that we are not, and will not be, responsible for any such cost.

You acknowledge that certain Counterparties may agree to pay fees to Forge Capital on or upon the completion of certain transactions, which such fees may (or may not) be reflected in the flow of funds documentation. The existence or expectation of such fees may impact the terms that such Counterparty offers to you. Forge Capital does not make any representations to you about the terms you may be offered by any Counterparty, which may be more or less favorable than terms you would have obtained from such Counterparty outside of the Website and Services. You are solely responsible for reviewing the terms offered to you by any Counterparty, conducting due diligence regarding such terms, and making the ultimate decision as to whether to accept such terms. To the extent any Counterparty agrees to or does pay such fees to Forge Capital, Forge Capital is not responsible for disclosing such fees (or the impact of such fees on the terms provided to you, if any) to you. Consistently with your non-circumvention obligations as set forth above, you hereby agree not to request that any Counterparty reduce, remove or avoid any fees, commissions, remunerations, or any other consideration that such Counterparty has agreed to pay to Forge Capital.

IN ADDITION TO THE GENERAL DISCLAIMER OF WARRANTIES SET FORTH IN THE TERMS OF USE, WE HEREBY DISCLAIM ALL WARRANTIES RELATED TO THE SERVICES AND ANY COUNTERPARTIES. UNDER NO CIRCUMSTANCES WILL THE COMPANY OR ANY OF ITS AFFILIATES, INCLUDING FLOWBOT FORGE INC., BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY OUR PROVISIONS OF THE SERVICES, OR YOUR COMMUNICATIONS OR DEALINGS WITH ANY COUNTERPARTY. USE OF THIS WEBSITE AND/OR THE SERVICES IS AT YOUR OWN RISK. TO THE EXTENT ANY DISPUTE ARISES BETWEEN YOU AND ANY COUNTERPARTY, YOU HEREBY AGREE THAT SUCH DISPUTE IS BETWEEN YOU AND THE APPLICABLE COUNTERPARTY AND YOU HEREBY RELEASE FORGE CAPITAL FROM ANY LIABILITY OR DAMAGES CAUSED BY OR ASSOCIATED WITH ANY SUCH DISPUTE.

IN NO EVENT WILL FORGE CAPITAL BE LIABLE IN CONNECTION WITH THESE TERMS UNDER ANY LEGAL OR EQUITABLE THEORY (INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE), FOR ANY:

(a) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES;

(b) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS;

(d) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY; OR

(e) COST OF REPLACEMENT GOODS OR SERVICES,

in each case regardless of whether the Company was advised of the possibility of such losses or damages or such losses or damages were otherwise foreseeable.

THESE TERMS ARE INTENDED TO DISCLAIM ANY AND ALL LIABILITY TO YOU. TO THE EXTENT THE COMPANY IS FOUND LIABLE TO YOU BY A COURT OR OTHER BODY OF COMPETENT JURISDICTION, IN NO EVENT WILL THE COMPANY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS, UNDER ANY LEGAL OR EQUITABLE THEORY (INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE) EXCEED ONE TIMES THE TOTAL AMOUNTS PAID TO THE COMPANY UNDER THESE TERMS IN THE SIX-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Jury Trial Waiver

Each party waives, to the fullest extent permitted by law, any right to a trial by jury in connection with any dispute relating to these Terms.

Indemnification

You hereby agree to indemnify and hold harmless, and at the Company’s option, defend the Company and its affiliates, from and against any and all liabilities, costs, expenses (including any reasonable attorneys’ fees), and other damages arising out of or related to claims resulting from your use of the Services alleging facts that, if true, would constitute your breach of these Terms.

Notwithstanding the foregoing, if you do assume the obligation to defend such claims, you may not settle any such claim against the Company unless Company consents to such settlement, and further provided that the Company will have the right, at its option, to defend itself against any such third-party claim or to participate in the defense thereof by counsel of its own choice.

Changes to These Terms

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them or otherwise notify you. Your continued use of the Services following the posting prior notification of revised Terms means that you accept and agree to the changes.

All Other Provisions

All other provisions set forth in the general Terms of Use, including those regarding Governing Law and Jurisdiction, Waiver and Severability, and Entire Agreement, apply in full to these Supplemental Terms.

Forge Capital, a subsidiary of Flowbot Forge Inc.

Empowering businesses to scale with smart financing and automation.