Terms

TERMS AND CONDITIONS

Last Updated: 9/1/2025

Welcome to Fortify Technology Solutions, Inc. (“Company”, “we”, “us”, or “our”). These Terms and Conditions (“Terms”) govern your access to and use of our website, products, and services (collectively, the “Services”). By accessing or using our Services, you agree to be bound by these Terms and the policies referenced herein (including our Privacy Policy). If you disagree with any part of these Terms, you must not use the Services.

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1. Definitions

• User / You: any person or entity accessing or using the Services.
• Content: all text, images, software, data, code, documentation, or other materials provided via the Services.
• SMS / Mobile Messaging: any text message or mobile message (including SMS, MMS, or other mobile messaging) that we send to users who opt in, as described in Section 14 (SMS Disclosure).
• Affiliate, Third Party, Service Provider: as commonly understood in contracts – e.g. a company or individual engaged by us to perform services.

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2. Acceptance of Terms & Modifications

• We may modify or update these Terms at any time, in our sole discretion, by posting the revised version on our website.
• The “Last Updated” date above will reflect the effective date.
• Changes are effective upon posting. Your continued use of the Services after such posting constitutes your acceptance of the modified Terms.
• If you do not agree with a change, you must stop using our Services.

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3. Eligibility & Account Registration

• You must be at least 18 years old (or the age of legal majority in your jurisdiction) to use the Services.
• You agree to provide accurate, current, and complete information when registering or otherwise using the Services, and to update that information as needed.
• You are responsible for maintaining the confidentiality of your account credentials and all actions taken through your account.

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4. Use of Services / Acceptable Use

• You agree to use the Services only for lawful purposes and in accordance with these Terms.
• You will not:
  (a) use the Services in violation of any laws or regulations;
  (b) attempt to interfere with or disrupt the integrity or performance of the Services;
  (c) attempt to gain unauthorized access to systems or data;
  (d) impersonate any person or entity or misrepresent your affiliation.
• We reserve the right to suspend or terminate your access if you breach these rules.

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5. Intellectual Property & License

• All rights, title, and interest in the Services, including software, content, and trademarks, remain with the Company or its licensors.
• You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Services, solely for your internal use and subject to these Terms.
• You may not copy, modify, sublicense, distribute, or create derivative works of the Services or Content except as expressly permitted in writing by us.

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6. Third-Party Services & Links

• Our Services may contain links to third-party websites, services, or resources. These are provided for your convenience only; we do not control them and are not responsible for their content or availability.
• Use of any third-party site is at your own risk, and you should review their terms, privacy policies, and practices.

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7. Fees, Payment & Invoicing

• Where applicable, you agree to pay the fees and charges for the Services as set forth in our order forms, proposals, or pricing schedules.
• Unless otherwise stated, all fees are due net 30 days from invoice.
• Late payments may accrue interest at the lesser of 1½% per month or the maximum rate permitted by law.
• We may suspend or terminate Services if payment is overdue.

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8. Confidentiality

• Each party agrees to hold in confidence and not disclose the other party’s Confidential Information, except as necessary to perform under these Terms or as required by law.
• Confidential Information does not include information that (i) is or becomes publicly known (without breach), (ii) was known prior to disclosure, or (iii) is independently developed without reference to the other party’s information.

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9. Warranties & Disclaimers

• We warrant that we will perform Services in a professional and workmanlike manner in accordance with applicable industry standards.
• Except as expressly stated, all services and content are provided “as is” and “as available” without warranties of any kind, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, non-infringement, or title.
• You acknowledge that we do not guarantee uninterrupted or error-free operation of the Services.

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10. Limitation of Liability

• To the maximum extent permitted by law, neither party will be liable for any indirect, incidental, consequential, special, or punitive damages (including loss of profits, revenue, data, business, or goodwill), arising out of or in connection with these Terms or the Services, even if advised of the possibility of such damages.
• Our total aggregate liability (in contract, tort, or otherwise) under or relating to these Terms or the Services shall not exceed the total amount you paid to us in the 12 months preceding the event giving rise to liability.

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11. Indemnification

You agree to indemnify, defend, and hold harmless the Company and its officers, directors, employees, agents, and affiliates from and against any and all claims, demands, damages, losses, liabilities, costs, or expenses (including reasonable attorneys’ fees) arising from or relating to: (i) your use or misuse of the Services, (ii) your breach of these Terms, or (iii) your violation of any laws or rights of a third party.

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12. Termination

• Either party may terminate these Terms by written notice if the other party materially breaches these Terms and fails to cure within 30 days after notice.
• We may also terminate or suspend your access to the Services at any time, with or without cause, upon notice (e.g., for internal business reasons or security).
• Upon termination, any unpaid fees incurred prior to termination remain due. Sections that by their nature survive termination (e.g. Intellectual Property, Limitation of Liability, Indemnification, etc.) will continue.

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13. Governing Law, Dispute Resolution, Arbitration, Venue

• These Terms shall be governed by and construed in accordance with the laws of Georgia, without regard to its conflict of laws rules.
• Any dispute arising out of or related to these Terms or the Services shall be resolved first through good-faith negotiation.
• If unresolved, such dispute shall be finally resolved by binding arbitration (except for small claims which either party may bring in a court of competent jurisdiction).
• The arbitrator’s decision is final and binding, and judgment upon the award may be entered in any court having jurisdiction.

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14. SMS / Mobile Messaging (SMS Disclosure)

If you opt in to receive SMS / mobile messaging from us, the following terms apply:

14.1 Consent & Opt-In
Customers may choose to opt in to receive SMS/text messages from Fortify Technology Solutions for the purpose of receiving support ticket updates, maintenance alerts, and other service-related notifications. Providing a mobile number alone does not constitute consent. SMS participation is entirely voluntary and requires explicit opt-in confirmation (such as checking an opt-in box, responding “YES” when prompted, or confirming verbally during support setup). Message and data rates may apply. Message frequency may vary. Reply HELP for help or STOP to cancel.

14.2 Message Frequency, Cost, and Carrier Terms
Message frequency may vary depending on your interactions with us. Standard message and data rates may apply. Please check with your mobile carrier for pricing and message limits.

14.3 Opt-Out / Stop
You may opt out at any time by replying STOP, UNSUBSCRIBE, or similar command (e.g., texting “STOP”) to any message. After you send the opt-out command, we will send a confirmation message, and your number will be removed from further messaging (though you may receive one final unsubscribe confirmation). If you ever choose to opt back in, you may do so by texting START (or another designated keyword) or by contacting us directly.

14.4 Support / Help
For assistance, you can reply HELP or SUPPORT to any message, or contact us via customer support at (404) 585-1015 or Tickets@Fortifyit.biz. Messaging hours are 8am to 5pm EST though automated confirmations may be sent outside those hours.

14.5 Changes to SMS Terms
We reserve the right to modify these SMS terms at our sole discretion. If we make material changes, we will post updated terms on our website and (if feasible) notify you via SMS or email. Your continued use of the messaging service after such notice constitutes acceptance of the revised terms.

14.6 Disclaimer & Liability
We are not liable for delayed or failed message delivery due to mobile carrier issues or network problems. We make no representation that our messages will be compatible with all mobile devices or carriers.

14.7 Compliance with Laws
You acknowledge that your consent to receive SMS messages is being given for business purposes, and that these SMS terms comply with applicable laws, including the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act (as applicable), and any state or local messaging regulations.

14.8 Misc. Provisions
No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.

14.9 Privacy Policy
Our privacy policy can be found here: https://fortifyit.biz/privacy

 

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15. Miscellaneous Provisions

• Notices. Notices must be in writing and delivered via email, certified mail, or other means to the addresses provided.
• Assignment. You may not assign or transfer your rights under these Terms without our prior written consent. We may assign freely.
• Waiver. Our failure to enforce any right under these Terms is not a waiver of that right.
• Severability. If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in full force and effect.
• Entire Agreement. These Terms, together with any order forms, policies, or attachments referenced herein, constitute the entire agreement between you and us regarding the Services.