FOREHEED SRL · ComputeCubed beta
Terms of Service and Acceptable Use Policy
1. Agreement and scope
These Terms of Service and Acceptable Use Policy (the Terms) govern ComputeCubed, operated by FOREHEED SRL, a Romanian limited liability company, registration J16 /1871 /2016, VAT RO36613367 (Foreheed, ComputeCubed, we, us, or our). Our registered office and contact details are in Section 26.
Version 1.0.1 · 22 October 2026. These Terms apply when you accept this version. The Service is a beta for consumers and businesses. Creating an identity, applying, accepting these Terms, or funding an account does not by itself grant access: each User must be approved for beta access. Approval does not guarantee capacity, continued admission, or a service level.
The Service includes the ComputeCubed websites, Console, application programming interfaces, marketplace, orchestration and connectivity features, workspace images, billing features, support channels, and related software and services. It also includes access arranged through ComputeCubed to physical or virtual compute capacity operated by Foreheed, its affiliates, or independent providers.
By clicking a button or checking a box that states you accept these Terms, you confirm that you have read, understood, and agreed to these Terms. If you use the Service for a company or another legal person, you represent that you have authority to bind that entity. If you do not agree, do not access or use the Service.
The Privacy Notice, pricing shown at confirmation, any service-specific terms presented for a Rental, and any policies expressly incorporated by reference form part of these Terms. If a separately signed agreement with Foreheed conflicts with these Terms, the signed agreement controls to the extent of the conflict.
2. Important risk notice
ComputeCubed is a two-sided, distributed compute marketplace. Hardware may be supplied by independent Providers and may be located in facilities that Foreheed does not own or control. A Provider may retain physical access and privileged administrative access to its machine. Renters may run software that is defective, hostile, resource-intensive, or unlawful despite contractual and technical controls.
Unless expressly specified otherwise, both the platform Service and rented resources are provided on a best-effort basis, without an uptime commitment or service-level agreement. They may be unavailable, insecure, delayed, inaccurate, interrupted, or affected by defects, misconfiguration, cyberattacks, malicious users, provider conduct, hardware failure, power or network failure, third-party services, or events beyond our control. A Listing may expressly include a rented-resource uptime refund term for a committed Rental period; that limited term does not create a platform-wide uptime commitment. Workspaces and Rental storage may be deleted when a Rental ends or fails. Do not use the Service as the only copy of any data and do not use it for safety-critical, life-critical, or other use that cannot tolerate interruption, compromise, or data loss.
The disclaimers and limitations in Sections 18 through 22 are essential terms of this agreement. They apply to the fullest extent permitted by law. They do not exclude rights or liability that applicable law does not permit the parties to exclude.
3. Definitions
- Account means the account through which a User accesses the Service.
- Consumer means a natural person acting mainly outside their trade, business, craft, or profession.
- Content means code, files, models, datasets, images, prompts, outputs, messages, reviews, configurations, secrets, or other material submitted, stored, processed, transmitted, generated, or made available through the Service.
- Listing means a Provider's offer of compute capacity, including its hardware evidence, resource limits, permitted Rental modes, pricing, availability, contract end date, and any expressly displayed minimum-rent or rented-resource uptime refund terms.
- Platform Fee means the amount retained by Foreheed from a Rental or another transaction as shown in the Console or transaction record.
- Provider or Host means a User that lists or supplies compute capacity. Where a Listing identifies Foreheed or an affiliate as the Provider, the Provider-specific obligations apply to that entity, but the best-effort, warranty, and liability provisions in these Terms continue to apply.
- Rental means the time-limited allocation accepted by a Renter from a Listing.
- Renter means a User that selects, pays for, or uses a Rental.
- User means any person or entity that accesses or uses the Service, including a Provider or Renter.
4. Eligibility, authority, and Accounts
You must be at least 18 years old, have legal capacity to enter into these Terms, and be legally permitted to use the Service in every relevant jurisdiction. You may not use the Service if you are subject to sanctions, export restrictions, or another prohibition that would make the Service or a transaction unlawful.
You must provide complete, current, and accurate information and promptly update it. We may require identity, business, tax, ownership, payment, source-of-funds, sanctions, or hardware-ownership information and may use third parties to verify it. Approval, verification, or publication by Foreheed is not an endorsement and does not transfer responsibility from you.
You are responsible for:
- all activity performed through your Account, credentials, API tokens, SSH keys, WireGuard profiles, kubeconfigs, and connected payment accounts;
- using unique, secure credentials and protecting them from unauthorized access;
- ensuring that your employees, contractors, end users, and anyone you permit to use the Service comply with these Terms; and
- notifying us promptly if credentials, systems, Content, or payment instruments may have been compromised.
Accounts and access credentials may not be sold, transferred, leased, shared outside your authorized organization, or used to evade a suspension or restriction. We may treat actions authenticated with your credentials as authorized by you until you notify us of compromise and we have had a reasonable opportunity to act.
5. Marketplace role and Rental Contracts
ComputeCubed provides marketplace, identity, orchestration, private-connectivity, metering, billing, and transaction-record tools. Unless a Listing expressly identifies Foreheed or an affiliate as the Provider, the Provider is independent from Foreheed. Providers are not our employees, agents, partners, joint venturers, or subcontractors, and they have no authority to bind us.
When a Renter confirms and launches a Rental, the accepted Listing version, allocation, hourly price, Provider, scope, Rental mode, contract end date, and any displayed minimum-rent, recurring-period, or rented-resource uptime refund term form a Rental Contract between the Provider and Renter. Foreheed is not a party to that Provider-Renter contract except where Foreheed is expressly identified as the Provider. Foreheed may act as the Provider's limited payment-collection agent and may perform technical steps needed to create, meter, manage, and end the Rental.
The confirmed Rental Contract applies only to the recorded allocation. Later Listing changes or delisting apply prospectively and do not rewrite an active Rental. However, Foreheed may restrict, suspend, migrate, or end any Rental when permitted by these Terms, including for safety, security, legal, billing, abuse, or operational reasons.
The launch-time availability check is authoritative. A Listing shown as available may become unavailable before confirmation because capacity, connectivity, validation, composition, Provider state, or another condition changes. Marketplace benchmarks, uptime windows, hardware reports, reviews, and other evidence are informational snapshots, not promises or warranties of future performance.
Users are responsible for evaluating each counterparty, Listing, workload, and transaction. Foreheed does not guarantee a User's identity, authority, solvency, ownership of hardware, legal compliance, security practices, performance, availability, or statements. Foreheed has no duty to resolve disputes between Users, although it may choose to assist, correct records, or take protective action.
6. Provider obligations
A Provider represents, warrants, and agrees that:
- it owns the offered hardware or has all rights and permissions needed to connect it to ComputeCubed and rent its capacity;
- each Listing is complete and accurate, does not misrepresent hardware, location, performance, availability, price, or resource limits, and offers only capacity that can lawfully and safely be supplied;
- it will maintain suitable power, cooling, storage, network connectivity, firmware, drivers, physical security, and operational controls during every active Rental;
- it will not knowingly oversubscribe, divert, throttle, disconnect, change, access, inspect, copy, use, sell, disclose, or interfere with rented capacity or Renter Content except as strictly necessary to provide the Rental, address an emergency, comply with law, or follow Foreheed's documented instructions;
- it will not attempt to identify a Renter beyond information lawfully provided through the Service, intercept Renter traffic, recover Renter secrets, or bypass isolation and access controls;
- it will maintain reasonable security, promptly apply relevant security updates, isolate marketplace capacity from sensitive personal or business systems, and promptly report suspected compromise, unlawful use, data exposure, or material service degradation;
- it will honor active Rental Contracts unless a suspension or termination right in these Terms applies;
- it will comply with all laws applying to the hardware, hosting activity, Content processing, taxes, invoicing, business registration, consumer transactions, export controls, sanctions, and data protection; and
- it will maintain any insurance, licences, permits, registrations, and records reasonably appropriate to its activities.
Provider hardware remains under the Provider's ultimate physical and administrative control. The Provider accepts the risks of connecting a machine to a distributed compute marketplace, including malicious or defective Renter software, attempts to escape isolation, resource exhaustion, network abuse, data corruption, legal complaints, and defects in Foreheed or third-party software. Providers should use dedicated systems, separate networks, least privilege, tested backups, monitoring, and controls appropriate to those risks.
The Provider is solely responsible for claims, losses, taxes, damage, or unlawful activity arising from its hardware, facility, personnel, Listing, access to Content, breach of a Rental Contract, or failure to meet this Section, except to the extent directly caused by Foreheed and not lawfully excluded under these Terms.
7. Renter obligations
A Renter represents, warrants, and agrees that:
- it has all rights, permissions, and lawful bases required to upload, process, generate, transmit, and use its Content and workloads;
- its Content, workloads, end users, and results comply with these Terms, applicable law, third-party rights, licence terms, export controls, sanctions, and the confirmed Listing restrictions;
- it will stay within the allocated resources and access boundary and will not probe, access, or interfere with a Provider, another User, another Rental, the control plane, or any system not expressly allocated to it;
- it will configure and secure its operating environment, applications, accounts, secrets, network services, and data; apply appropriate patches; use encryption where appropriate; and monitor its own workloads;
- it will keep independent, current backups and export all required data before ending or expiry;
- it will promptly investigate and remediate abuse, compromise, vulnerabilities, or complaints relating to its Rental; and
- it will pay all valid charges and remain responsible for activity by its end users and anyone using its credentials or services.
Renter access is temporary and revocable. Turning off WireGuard, disconnecting SSH, stopping an application, or closing a browser does not end a Rental or billing. The Renter must use the Console or supported API to end a Rental and should confirm the recorded end state.
The Renter understands that a Provider may technically retain physical or privileged access to Provider hardware. ComputeCubed access controls reduce risk but do not make third-party hardware equivalent to a dedicated, audited environment. Unless a separate written agreement expressly says otherwise, the Service is not approved for classified information, regulated health data, payment-card data, government secrets, export-controlled technical data, or other Content requiring a specific certification, location, audit, confidentiality, or security commitment.
8. Acceptable Use Policy
You may not use, attempt to use, or help another person use the Service for unlawful, fraudulent, abusive, unsafe, or unauthorized activity. Prohibited activity includes:
Illegal, harmful, or exploitative activity
- violating any applicable law, court order, sanction, export control, or third-party right;
- child sexual abuse or exploitation material, computer-generated or altered sexual material involving minors, grooming, trafficking, non-consensual intimate imagery, or sexual exploitation;
- credible threats, targeted harassment, unlawful discrimination, incitement to violence, terrorist activity, human trafficking, or instructions primarily intended to facilitate serious harm;
- fraud, scams, impersonation, forgery, deceptive financial activity, theft, money laundering, unlawful gambling, or evasion of taxes, sanctions, or identity checks; or
- infringing or misappropriating copyright, trademark, patent, trade secret, privacy, publicity, database, confidentiality, or other rights.
Cybersecurity and network abuse
- unauthorized access, scanning, probing, interception, exploitation, credential collection, privilege escalation, persistence, data exfiltration, or security testing of systems you do not own or lack written permission to test;
- malware, ransomware, spyware, botnets, command-and-control infrastructure, credential theft, phishing, cryptojacking, malicious browser automation, or distribution of harmful code;
- denial-of-service activity, traffic flooding, amplification, reflection, resource exhaustion, interference with networks or services, or deliberate degradation of another User's experience;
- unsolicited bulk communication, spam, address harvesting, open relays, deceptive redirects, abusive proxies, or activity that causes an address, network, domain, Provider, or Foreheed to be blocklisted;
- bypassing quotas, access controls, isolation, billing, metering, moderation, verification, rate limits, or technical restrictions; or
- concealing origin, identity, ownership, or destination in order to facilitate prohibited activity or evade enforcement.
Platform and marketplace abuse
- falsifying hardware, benchmarks, uptime, reviews, identity, location, ownership, price, capacity, transaction information, or evidence;
- manipulating ratings or reviews, colluding, self-dealing, creating false transactions, chargeback abuse, payment fraud, or moving transactions off-platform to avoid fees or controls;
- using another User's Content, credentials, hardware, network, or Rental without authorization;
- reverse engineering or attacking the Service except to the limited extent a restriction is prohibited by law or activity is expressly authorized by a published vulnerability disclosure policy;
- scraping, automated access, or excessive requests that burden the Service or violate published technical limits;
- cryptocurrency mining where prohibited by law or the Listing, cryptojacking, or mining activity that damages hardware, evades metering, or materially degrades shared capacity; or
- using the Service for safety-critical control, weapons targeting, emergency response, life support, nuclear facilities, or another use where failure could reasonably cause death, serious injury, or severe property or environmental damage.
This list is non-exhaustive. We may treat conduct as abuse when a reasonable platform operator would conclude that it creates a material security, safety, legal, financial, operational, or reputational risk; is inconsistent with responsible use of shared compute; harms other Users or third parties; or is intended to defeat the purpose of these Terms. We will apply this provision in good faith and, where required by law, explain the specific facts and contractual ground for a restriction.
9. Monitoring, investigation, and protective measures
Foreheed does not undertake a general obligation to monitor User Content or proactively seek unlawful activity. However, to operate and protect the Service, we may, where lawful and proportionate:
- collect and analyze account, transaction, allocation, hardware, performance, security, network, access, and usage metadata;
- use automated or manual systems to detect fraud, compromise, malware, abuse, policy evasion, or threats;
- investigate complaints and require information, logs, identity evidence, or remediation from a User;
- access, preserve, quarantine, block, remove, or disclose Content or systems when reasonably necessary to address an incident, enforce these Terms, protect rights or safety, or comply with law;
- limit traffic, revoke credentials, isolate resources, stop workloads, delist capacity, pause billing or payouts, reverse an erroneous entry, or end a Rental; and
- report suspected unlawful activity or imminent threats to competent authorities, affected parties, infrastructure operators, payment providers, insurers, or professional advisers.
You must cooperate promptly and truthfully with a reasonable investigation. You may not destroy, alter, conceal, or fabricate relevant evidence after receiving notice of an investigation, complaint, preservation request, or legal process.
Our decision not to act in one case does not waive our right to act later and does not create a duty to detect, prevent, or remedy similar conduct.
10. Authorities, legal process, and emergency disclosure
We will cooperate with competent law-enforcement, judicial, regulatory, tax, sanctions, cybersecurity, child-protection, and other public authorities as required or permitted by applicable law. This may include preserving or disclosing registration data, identity information, contact details, payment and transaction records, Listings, Rental records, access and network logs, hardware records, communications with Foreheed, Content available to us, and other relevant information.
We may preserve or disclose information when we reasonably believe in good faith that doing so is necessary to:
- comply with a valid law, order, warrant, subpoena, preservation demand, regulatory request, or other binding legal process;
- respond to an emergency involving a credible risk of death, serious physical harm, child exploitation, major cyber harm, or substantial property damage;
- investigate, prevent, or address fraud, security incidents, unlawful activity, abuse, or violations of these Terms; or
- protect the rights, property, security, and safety of Foreheed, Users, Providers, payment partners, infrastructure operators, or the public.
We may notify the affected User unless notice is prohibited, would create risk, would compromise an investigation, or is otherwise inappropriate under applicable law. We are not required to challenge a request, seek the narrowest possible request, or provide advance notice unless the law requires it. Requests from authorities outside the European Economic Area will be handled under applicable data-transfer and legal-process rules; these Terms do not by themselves authorize a disclosure that applicable data-protection law prohibits.
You authorize us to take lawful, good-faith action under this Section and agree that, to the fullest extent permitted by law, we are not liable to you for doing so.
11. Content, data, privacy, and security
As between you and Foreheed, you retain ownership of your Content. You grant Foreheed and its processors a worldwide, non-exclusive, royalty-free licence to host, copy, transmit, format, scan, process, display, and otherwise use Content only as reasonably necessary to provide, secure, maintain, improve, enforce, and support the Service; comply with law; and exercise rights under these Terms. This licence ends when the relevant Content is deleted from active systems, subject to backups, legal retention, security records, and surviving obligations.
You are the controller or otherwise legally responsible for personal data included in your Content unless a separate agreement states otherwise. You must provide required notices, obtain required permissions, choose lawful processing locations, and enter into any required data-processing agreement before processing personal data through the Service.
We use reasonable measures appropriate to the Service, but no system is completely secure. We do not warrant that the Service, a Provider, a workspace image, a network tunnel, a container, a namespace, an API, or stored Content is immune from unauthorized access, interception, vulnerabilities, malware, data corruption, or loss. Security features do not transfer your security responsibilities to us.
Treat join commands, bootstrap tokens, SSH private keys, WireGuard profiles, kubeconfigs, OAuth codes, payment links, and similar material as secrets. Do not submit secrets to public reviews or ordinary support messages.
Rental storage is temporary unless expressly stated otherwise. We may delete or make Content inaccessible when a Rental ends, expires, errors, is suspended, or is terminated. We do not promise backup, recovery, portability, retention, forensics, or a data-retrieval period. You are solely responsible for maintaining independent backups and removing Content from a Provider before a Rental ends.
Our processing of personal data is described in the Privacy Notice. If these Terms and the Privacy Notice differ on a data-protection issue, the Privacy Notice controls to the extent required by law.
12. Charges, balances, fees, and payouts
Prices and balances are denominated in euros. Providers set their resource earnings prices; ComputeCubed adds a Listing-specific markup to calculate the complete Renter price shown before confirmation. ComputeCubed charges no Provider listing fee, earnings commission or withdrawal fee. Markups may change prospectively for new Rentals. The recorded host earnings price, Renter price, markup, rounding rules and commitment terms remain fixed for an accepted Rental, including recurring periods. Corrections use separately recorded adjustments where required by law or a verified accounting error; they do not silently replace the accepted price.
The minimum top-up is EUR 10. A verified successful EUR 10 payment credits EUR 10 to Rental Balance. ComputeCubed bears payment-processing costs, which do not reduce Renter credit or legitimate Provider earnings. Rental Balance is not withdrawable, and ComputeCubed offers no voluntary bank refund or cash-out. This does not limit mandatory rights under applicable law. Minimum-time uptime credits and released reservations are credits to Rental Balance, not bank refunds. Payment-provider reversals or disputed principal may be reflected in Rental Balance, including a negative balance where funds have been spent; reinstated principal is restored once.
At launch, ComputeCubed may reserve an amount equal to at least one calculated hour from the Renter's Rental Balance, or the full displayed commitment amount for a minimum-rent Listing. Billable use and any committed period begin when the capacity is recorded as usable under the applicable Rental mode. Unless a minimum-rent term applies, charges are calculated from billable time and the immutable contract price, with rounding to the smallest currency unit. Detected outage periods may be excluded where the billing system records them as paused.
For a Rental with an expressly displayed minimum-rent term, the Renter is billed for the full committed period even if the Renter ends it early, unless the rented-resource uptime measured during that Rental's observed committed period falls below the displayed threshold. In that event, ComputeCubed returns the full charge for that period to Rental Balance and no Provider proceeds or Platform Fee apply to that period. This measurement begins only when the Rental becomes usable and does not use the resource's uptime before the Rental. If recurring is enabled, another full period and reservation follow while sufficient balance and contract time remain. If recurring is disabled, ordinary metered billing begins after the first committed period. Except for that expressly displayed mechanism or a right required by law, no outage credit, service credit, or refund is promised.
Rental Balance and Earnings Balance are separate accounting records. Rental Balance is funded through supported top-ups and may be used only for Rentals and related charges. Earnings Balance reflects Provider proceeds and may be withdrawn only through supported payout methods. Balances are not bank accounts, deposits, savings products, or transferable stored value, do not earn interest, and may be subject to corrections, reversals, chargebacks, reserves, set-off, legal holds, expiry where lawful, and payment-provider rules.
Marketplace revenue is the difference between the agreed Renter charge and Provider earnings. Resource and markup calculations use integer cents; hourly half-cent amounts round upward and metered totals round upward to a cent. Full-period commitments use the accepted hourly amounts and period duration. A first partial earning month is combined with the following full UTC calendar month for payout scheduling; an earning exactly at a UTC month boundary starts a full monthly period. Later periods follow UTC calendar months.
Eligible settled earnings are ordinarily frozen into an automatic payout statement on the first day after a period closes, and transfer to the linked Stripe account is ordinarily attempted on the fifteenth day of that month. Unsettled metered use is excluded until final settlement; an independently settled recurring commitment period may become eligible while the Rental continues. If the Provider has no enabled linked Stripe account, payment-provider requirements remain due, or a transfer is reversed, the reserved payout is retained and ordinarily retried on a later monthly transfer date. These dates describe the normal automated schedule and are not a guarantee that Stripe, a bank, or another payment provider will make funds externally available on that date.
A Provider's proceeds become available after successful metering and settlement and remain subject to fraud review, payment-provider restrictions, taxes and lawful corrections. ComputeCubed transfers the full eligible earnings amount and bears Stripe costs charged to the platform. Actual costs charged directly by Stripe to a connected account remain subject to that account’s Stripe agreement and are not deducted again by ComputeCubed. A Stripe transfer is not proof of a bank deposit or its final net amount. Stripe or another payment provider may require separate onboarding, identity verification, and agreement to its own terms, and may reject, delay, freeze, reverse, charge a separate fee, or report a transaction independently of Foreheed.
You authorize Foreheed and its payment providers to charge, reserve, credit, debit, hold, reverse, refund, and set off amounts as needed to process transactions, correct errors, address fraud or disputes, satisfy chargebacks or refunds, enforce these Terms, and comply with law. You remain liable for valid charges and negative amounts attributable to your activity.
You must review transaction records promptly and report a suspected error with the relevant transaction or Rental identifier. Subject to mandatory law, your exclusive remedy for a verified metering or ledger error is correction of the record and, where applicable, a corresponding credit or refund. A pending payment or payout is not final.
You are responsible for determining and paying all taxes, duties, social contributions, registrations, invoices, and reports arising from your use of the Service or Provider activity. Foreheed may collect, withhold, report, or remit amounts where required by law and may request tax information. Unless Foreheed expressly states that it is the merchant of record or deemed supplier for a transaction, the Provider remains responsible for the Provider's underlying supply to the Renter.
Consumer cancellation, refund, and conformity rights apply where mandatory law requires them. A Consumer who requests immediate performance of a Rental acknowledges that the service may begin before the ordinary withdrawal period expires and may be charged for service actually supplied to the extent permitted by law.
13. Third-party services and software
The Service depends on or links to third-party identity, payment, banking, networking, registry, software, image, model, and infrastructure services. Third-party services are governed by their own terms and privacy practices. Foreheed does not control and is not responsible for their availability, security, legality, accuracy, fees, decisions, or acts.
Workspace images and software may contain open-source or third-party components and may download models, packages, or data at runtime. You are responsible for reviewing and complying with all applicable licences and restrictions. A catalogue entry, compatibility badge, benchmark, or recommended label does not constitute an endorsement or a warranty that an image, model, package, driver, or workload is lawful, secure, accurate, or fit for your purpose.
14. Best-effort Service; specified rented-resource uptime terms; support
Unless expressly specified otherwise, the platform Service and rented resources are provided on a commercially reasonable, best-effort basis only. There is no service-level agreement unless Foreheed signs a separate written agreement that expressly overrides this Section.
We make no commitment regarding platform or rented-resource uptime, availability, capacity, provisioning time, performance, latency, throughput, benchmark results, security, incident response, recovery point, recovery time, data durability, support coverage, response time, resolution time, maintenance notice, or error correction, except for a rented-resource uptime refund term expressly displayed in and incorporated into a Rental Contract. Such a term provides only the stated Rental Balance refund for the affected committed period; it is not a promise about platform uptime and does not create any other service credit, penalty, damages measure, or remedy.
Support, documentation, status information, troubleshooting, and incident assistance are provided when and as available. There is no help-desk action time, response deadline, resolution deadline, 24-hour coverage commitment, or obligation to investigate, restore, recover, customize, or provide professional services. An estimate, target, automated status, or informal communication does not create a warranty, SLA, or binding deadline.
We may add, change, restrict, suspend, or discontinue any feature, image, integration, region, Rental mode, or the Service as a whole. Where mandatory law requires notice or a remedy, we will provide it. Otherwise, we may act without liability, including to address an urgent security, legal, abuse, dependency, or operational issue.
15. Suspension, restriction, and termination
You may stop using the Service at any time, but you remain responsible for active Rentals, accrued charges, disputes, taxes, and obligations that survive termination. Account closure does not automatically erase legally retained records or release funds subject to a hold.
To the fullest extent permitted by law, Foreheed may immediately, with or without prior notice:
- reject registration, require re-verification, restrict features, revoke credentials, block traffic, or limit an Account;
- pause or remove a Listing, stop a workload, isolate a machine, suspend a Rental, hold a payout, or preserve Content and logs;
- suspend or terminate an Account or these Terms; and
- delete Content or prevent a person from opening or using another Account.
We may take these actions when we reasonably believe that:
- you, your Content, your hardware, or your end user violated or is likely to violate these Terms or law;
- activity is fraudulent, abusive, unsafe, deceptive, unauthorized, or inconsistent with responsible use of shared compute;
- your Account, credentials, payment method, hardware, workload, or Content is compromised or creates a security, legal, financial, operational, or reputational risk;
- payment is overdue, reversed, disputed, fraudulent, or subject to a negative balance or reserve;
- identity, tax, sanctions, ownership, Provider, or payment verification is incomplete, inaccurate, or no longer satisfactory;
- an authority, payment provider, infrastructure operator, insurer, or other relevant third party requires or reasonably requests action;
- continued service could harm Foreheed, a User, a third party, the Service, or the public; or
- the Service, feature, transaction, or relationship is no longer lawful or commercially feasible.
No prior notice is required for suspected illegal activity, fraud, malware, spam, data breach, cyberattack, imminent harm, repeated violation, material breach, non-payment, sanctions risk, authority action, or another urgent or imperative reason. Where applicable law requires a statement of reasons, advance notice, an appeal opportunity, data access, or reinstatement, we will provide it to the required extent unless doing so is legally prohibited or would create a security or investigation risk.
Suspension or termination may immediately end Rentals and access to Content. You are not entitled to lost profits, replacement-compute costs, or compensation for a lawful suspension or termination. We may settle valid accrued charges and Provider proceeds, issue required refunds, correct the ledger, and retain or offset amounts needed for disputes, chargebacks, fraud, taxes, indemnity, or legal obligations.
Sections that by their nature should survive termination do survive, including payment, tax, Content licence as needed for retention, investigation, disclaimers, liability limits, indemnity, dispute, and general provisions.
16. Reviews, communications, and intellectual property
Reviews and replies must be truthful, relevant, based on genuine experience, and must not contain secrets, personal data that you lack the right to publish, threats, extortion, manipulation, or prohibited Content. We may moderate, edit for formatting, restrict, or remove reviews and replies where permitted by law. Ratings and reviews are User opinions, not Foreheed statements or warranties.
You grant Foreheed a worldwide, non-exclusive, transferable, sublicensable, royalty-free licence to host, reproduce, format, translate, publish, display, distribute, and use reviews, replies, Listing information, logos, and other Content you choose to make public for operating, promoting, securing, and improving the Service. This licence continues for copies already distributed or reasonably retained after you remove the Content.
Foreheed and its licensors own the Service, software, designs, documentation, trademarks, and related intellectual property, excluding User Content. Subject to these Terms, Foreheed grants you a limited, revocable, non-exclusive, non-transferable right to use the Service for its intended purpose. No other rights are granted.
Feedback and suggestions are voluntary and non-confidential. You grant Foreheed a perpetual, worldwide, irrevocable, transferable, sublicensable, royalty-free right to use them without restriction or compensation.
17. Copyright and other complaints
Rights holders and affected persons may report allegedly unlawful or infringing Content or activity through the legal or abuse contact in Section 26. A report should identify the complainant, the legal right or rule involved, the precise location or Rental where possible, the relevant facts, and a good-faith statement of accuracy and authority.
Do not send illegal images, malware, credentials, or unnecessary personal data with a report. Preserve evidence safely and provide hashes, identifiers, timestamps, and sanitized details where appropriate.
We may forward a report and the reporter's information to the affected User where lawful, investigate, request more information, restrict the material or activity, and act against repeat infringers or abusers. Submitting a knowingly false or misleading report is prohibited.
18. Disclaimers and allocation of risk
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE, SITE, CONSOLE, APIS, MARKETPLACE, LISTINGS, RENTALS, PROVIDER HARDWARE, CONNECTIVITY, IMAGES, SOFTWARE, CONTENT, METRICS, BENCHMARKS, BILLING TOOLS, SUPPORT, AND ALL RELATED MATERIAL ARE PROVIDED AS IS, AS AVAILABLE, WITH ALL FAULTS, AND AT YOUR OWN RISK.
FOREHEED AND ITS AFFILIATES, LICENSORS, PROVIDERS, PAYMENT PARTNERS, AND SUPPLIERS DISCLAIM ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, SECURITY, AVAILABILITY, PERFORMANCE, COMPATIBILITY, AND ANY WARRANTY ARISING FROM COURSE OF DEALING, USAGE, OR TRADE.
Without limiting the above, we do not warrant that:
- a Listing, Provider, Renter, identity, review, metric, benchmark, price, hardware report, or location is accurate, lawful, current, or reliable;
- capacity will be available, provision correctly, remain connected, perform consistently, or be free from oversubscription or interference;
- isolation, WireGuard, SSH, Kubernetes controls, containers, namespaces, images, or other security measures will prevent all unauthorized access, escape, interception, compromise, or data loss;
- the Service will be uninterrupted, timely, error-free, secure, compatible, or free from vulnerabilities, bugs, harmful components, misconfiguration, billing defects, or malicious attacks; or
- Content will be stored, backed up, recoverable, private, portable, or available after an error, outage, suspension, or Rental end.
You assume all risk arising from Provider or Renter conduct, Provider hardware, physical or privileged access, third-party services, downloads, Content, workload results, regulatory requirements, and decisions made using the Service. Technical controls, review systems, identity checks, moderation, and security measures reduce but do not eliminate risk and do not create a guarantee.
19. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, FOREHEED AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, PROVIDERS, PAYMENT PARTNERS, AND SUPPLIERS (THE FOREHEED PARTIES) WILL NOT BE LIABLE FOR:
- INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR RELIANCE DAMAGES;
- LOST PROFITS, REVENUE, BUSINESS, OPPORTUNITY, SAVINGS, GOODWILL, REPUTATION, OR ANTICIPATED BENEFIT;
- LOSS, CORRUPTION, DISCLOSURE, UNAVAILABILITY, OR RECOVERY OF CONTENT, CREDENTIALS, MODELS, OUTPUTS, OR DATA;
- REPLACEMENT COMPUTE, MIGRATION, FORENSICS, INCIDENT RESPONSE, BUSINESS INTERRUPTION, OR DOWNTIME COSTS;
- PROPERTY DAMAGE TO PROVIDER HARDWARE OR RENTER SYSTEMS, EXCEPT WHERE LIABILITY CANNOT LAWFULLY BE LIMITED;
- USER CONTENT, USER CONDUCT, A PROVIDER-RENTER DISPUTE, OR THE ACTS OR OMISSIONS OF A PROVIDER, RENTER, PAYMENT PROVIDER, INFRASTRUCTURE OPERATOR, OR OTHER THIRD PARTY; OR
- CYBERATTACKS, HACKING, MALWARE, RANSOMWARE, VULNERABILITIES, BUGS, DEFECTS, MISCONFIGURATION, UNAUTHORIZED ACCESS, HARDWARE FAILURE, NETWORK OR POWER FAILURE, DATA LOSS, SERVICE INTERRUPTION, OR ENFORCEMENT ACTION.
These exclusions apply regardless of the legal theory, whether contract, tort including negligence, strict liability, statute, indemnity, or otherwise; whether the damage was foreseeable; and even if a Foreheed Party was advised of the possibility or a remedy fails of its essential purpose.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE FOREHEED PARTIES' TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE, A RENTAL, OR THESE TERMS WILL NOT EXCEED THE GREATER OF: (A) EUR 100; OR (B) THE PLATFORM FEES ACTUALLY RETAINED BY FOREHEED FROM THE CLAIMANT FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM DURING THE THREE MONTHS BEFORE THE FIRST EVENT GIVING RISE TO LIABILITY. AMOUNTS PASSED TO PROVIDERS, TAXES, PAYMENT-PROCESSING FEES, TOP-UP BALANCES, AND PROVIDER EARNINGS ARE NOT PLATFORM FEES FOR THIS CAP.
Foreheed is not liable for a Provider's breach of a Rental Contract. Each Provider is directly responsible to the Renter for the Provider's own promises and acts, subject to the Rental Contract and mandatory law. Each User releases the Foreheed Parties, to the fullest extent permitted by law, from claims arising solely from disputes between Users.
Nothing in these Terms excludes or limits liability for fraud, fraudulent misrepresentation, intentional misconduct, gross negligence where it cannot be limited, death or personal injury where it cannot be limited, violation of data-protection rights where it cannot be limited, or any other liability or mandatory remedy that applicable law prohibits the parties from excluding or limiting.
A Consumer retains all non-waivable statutory rights. The cap and exclusions apply to a Consumer only to the extent they are fair, transparent, and permitted by the law applicable to that Consumer.
20. Indemnity
If you use the Service for business purposes or act as a Provider, you will defend, indemnify, and hold harmless the Foreheed Parties from all third-party claims, proceedings, investigations, losses, liabilities, penalties, fines, settlements, damages, taxes, chargebacks, costs, and reasonable legal fees arising out of or relating to:
- your Content, hardware, Listing, Rental, end users, products, services, access, or use of the Service;
- your breach or alleged breach of these Terms, a Rental Contract, law, sanctions, export controls, payment-provider terms, or third-party rights;
- fraud, abuse, negligence, intentional misconduct, security failure, data incident, unauthorized access, or unlawful activity attributable to you;
- a dispute between you and another User or third party;
- taxes, employment, licensing, permits, Provider status, ownership, or payment obligations attributable to you; or
- damage caused by your workload to hardware, networks, systems, Content, the Service, another User, or a third party.
This obligation does not apply to the extent a claim was finally determined to have been caused by a Foreheed Party's conduct for which liability cannot lawfully be excluded. We may control the defence and settlement with counsel of our choice. You must cooperate and may not settle a claim in a manner that admits fault by, imposes obligations on, or fails to fully release a Foreheed Party without our written consent.
For a Consumer, this Section applies only to the extent permitted by mandatory law and only to loss reasonably attributable to the Consumer's unlawful or wrongful conduct.
21. Force majeure
Foreheed is not responsible for delay, interruption, failure, loss, or damage caused by events beyond its reasonable control, including natural disaster, fire, flood, extreme weather, epidemic, war, terrorism, civil disorder, labour dispute, utility failure, energy shortage, internet or telecommunications failure, route leak, data-centre failure, hardware shortage, supplier or Provider failure, payment-network failure, governmental action, sanctions, legal change, cyberattack, denial of service, ransomware, zero-day vulnerability, or widespread software defect.
During such an event, obligations are suspended to the extent affected. Foreheed may take any reasonable protective or recovery action, including ending Rentals or suspending the Service, without creating an uptime commitment, service-level agreement, refund, or compensation right except for an expressly displayed rented-resource uptime refund term or where mandatory law requires one.
22. Claims and disputes
Before filing a claim, each party should give the other a written description of the dispute and a reasonable opportunity to resolve it informally. This does not prevent urgent injunctive relief, compliance with a limitation period, reporting to an authority, or exercise of a non-waivable Consumer right.
To the fullest extent permitted by law, any claim by a business User arising out of the Service or these Terms must be brought within one year after the claimant knew or reasonably should have known of the facts giving rise to the claim. This contractual period does not shorten a period that applicable law does not permit the parties to shorten.
These Terms are governed by Romanian law, excluding its conflict-of-law rules. The courts at Foreheed's registered seat in Romania have exclusive jurisdiction over disputes involving business Users. A Consumer may bring a claim in any court available under mandatory consumer law and retains the mandatory protections of the country in which the Consumer habitually resides.
23. Changes to these Terms
We may update these Terms prospectively to reflect Service changes, risk, business practices, third-party requirements, or law. The current version and effective date will be published on the Site.
For material changes, we will provide notice by email, the Console, or another durable medium and request renewed acceptance where required. If renewed acceptance is required, protected Console and API use may remain unavailable until you affirmatively accept the current version; an acceptance of an earlier version does not count as acceptance of the replacement. Changes for business Providers will receive at least 15 days' notice where Regulation (EU) 2019/1150 applies, and a longer period where reasonably needed for technical or commercial adaptation. The notice period does not apply where law requires an earlier change or an unforeseen and imminent fraud, malware, spam, data-breach, or cybersecurity risk requires urgent action.
Changes do not retroactively alter an already recorded Rental price or allocation unless required by law, needed to correct fraud or an obvious error, or agreed by the affected parties. If you do not agree to an updated version, you must stop using the Service and terminate your Account before it takes effect, subject to active Rental, payment, and survival obligations.
24. Notices
We may send operational and legal notices to the email associated with your Account, display them in the Console, or make them available through another durable medium. You must keep your contact information current. Notice is effective when sent or displayed, unless mandatory law requires another rule.
Legal notices to Foreheed must be sent to the legal contact in Section 26 and must identify the sender, Account, relevant transaction or Rental, facts, requested relief, and a reply address. Security vulnerabilities should be reported through the published security channel and not disclosed publicly before Foreheed has had a reasonable opportunity to investigate.
25. General terms
These Terms and incorporated documents are the entire agreement between you and Foreheed about the Service, excluding a separately signed agreement. Headings are for convenience. Words such as “including” mean “including without limitation.”
If a provision is invalid or unenforceable, it will be enforced to the maximum lawful extent and the remainder stays in effect. If a mandatory rule requires a different result for a Consumer or business User, that rule applies only to the extent required.
Our failure to enforce a provision is not a waiver. A waiver must be in writing and applies only to the stated instance. You may not assign or transfer these Terms, an Account, a Listing, a Rental, or a claim without our written consent. Foreheed may assign these Terms as part of a merger, reorganization, financing, asset transfer, or sale, subject to mandatory law.
Nothing in these Terms creates employment, partnership, franchise, fiduciary, or joint-venture duties. Except for the limited payment-collection role expressly stated in Section 5, neither User is the other's or Foreheed's agent.
There are no third-party beneficiaries except the Foreheed Parties with respect to provisions that expressly protect them. The English version controls unless mandatory law requires otherwise. Electronic records and acceptance have the same effect as paper records and handwritten signatures to the extent permitted by law.
26. Operator and contact details
- Operator: FOREHEED SRL, Romanian limited liability company.
- Registration number: J16 /1871 /2016.
- VAT number: RO36613367.
- Registered office and postal notices: Str. Mihail Strajan, nr. 1, bl. a3, sc. 3, et. 4, ap. 14, 200010 Craiova, Dolj, Romania.
- General support and beta access: contact@foreheed.com.
- Legal notices and consumer complaints: legal@foreheed.com.
- Privacy and data rights: privacy@foreheed.com.
- Abuse, unlawful-content reports and authority requests: legal@foreheed.com. Authorities may also use the postal address; correspondence may be in Romanian or English.
- Security reports: security@foreheed.com. Report a vulnerability without accessing other users' data or disrupting systems; an unsolicited report does not authorize testing.
You may submit a consumer complaint to ANPC and consult its information on alternative dispute resolution. EU consumer assistance and dispute-resolution bodies are listed by the European Commission. These routes do not restrict mandatory court or consumer rights. The former EU Online Dispute Resolution platform is closed; it is not an available complaints channel.
For withdrawal or cancellation rights that apply by law, send an unambiguous statement to legal@foreheed.com or our postal address, identifying your account, the relevant contract and its date. You may use: “I notify FOREHEED SRL that I withdraw from the contract for [service], concluded on [date], account [email], name and address [details], date [today].” You do not have to use this wording or give a reason. Where the statutory 14-day withdrawal period applies, it runs from conclusion of the service contract. We apply the legally required refund and timing rules, including the usual 14-day refund deadline after notice where applicable. Accepting these Terms, topping up, or starting a Rental does not by itself waive withdrawal rights. We do not rely on a loss-of-withdrawal or proportional-charge exception without the separate request, consent and information required by law. Mandatory rights also apply to nonconforming services, independently of any voluntary refund policy.
Keep references and dates, but do not email card details, passwords, private keys, WireGuard profiles, or workload data. Contact addresses route to Foreheed's support team; no response-time or resolution-time guarantee is created.