Terms of Use

Effective Date: June 17, 2023.

FortaTech Security, LLC (“We,” “us,” or “FortaTech Security”), values its users' understanding and empowerment. With that in mind, we provide these Terms of Use (the "Agreement"), which outlines the terms and conditions governing the use of our Services (defined below). By using our Services, such as BastionGPT, you enter into a contract with FortaTech Security. Should you access our Services via your employer, or another entity or platform enrolled in a FortaTech Security licensed program, additional terms and conditions may apply, as agreed between FortaTech Security and the respective entity or platform.

1. Scope

FortaTech Security’s Terms of Use apply to all FortaTech Security platforms and services. Your use of the FortaTech Security services is also subject to our Privacy Policy, as well as all applicable laws and regulations. In these Terms, the term “you” refers to the consumer using FortaTech Security services.

This User Agreement is applicable to all platforms and services provided by FortaTech Security. Your use of the FortaTech Security services is also governed by our Privacy Policy, in addition to all relevant laws and regulations. Within this Agreement, “you” denotes the consumer utilizing FortaTech Security services.

Please consider the following:

A. By employing any of our Services, inclusive of BastionGPT, you signify that (a) you have read, comprehend, and concur to be bound by this Agreement, (b) you are of legal age to form a binding contract with FortaTech Security, (c) you reside within the United States, (d) you will respond to any questions posed to you within our Services honestly and to the best of your ability, and (e) your use of our Services is entirely voluntary. If you disagree with these terms, please refrain from using the FortaTech Security Services.

B. FortaTech Security is not an alternative for, nor does it offer professional medical advice, diagnosis, or treatment. FortaTech Security Services do not replace any health diagnosis or treatment consultation with a doctor or other qualified healthcare provider.

C. If you utilize the FortaTech Security Services via your employer, or another entity or platform that licenses services from FortaTech Security, your usage of the FortaTech Security Services might be regulated by additional stipulations.

D. The segment titled "Dispute Resolution" includes an arbitration agreement which will, barring limited exceptions, necessitate disputes between you and FortaTech Security to be presented to binding and final arbitration. Unless you opt out of the arbitration agreement, you will only be permitted to lodge claims and seek relief against us individually, not as a plaintiff or class member in any class or representative action or proceeding; and you are surrendering your right to seek relief in a court of law and to have a jury trial on your claims.

E. Any dispute or claim pertaining in any way to your utilization of our Services will be overseen and interpreted by and under the laws of the State of Texas, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of any other jurisdiction.

2. FortaTech Security and BastionGPT does not provide medical advice, diagnosis, or treatment

Our Services should not be substituted for professional medical advice, diagnosis, or treatment. Please scrutinize this section thoroughly.

The contents of the FortaTech Security Services, such as text, information, data, graphics, images, and other material included in the FortaTech Security Services (“Content”) is provided solely for informational purposes. The Content should not be used as a substitute for professional medical advice, diagnosis, or treatment. The Content should not be relied upon as comprehensive, nor interpreted as replacing or substituting for medical advice, diagnosis or treatment provided by a doctor or other qualified health care provider.

While we strive to offer you accurate content, we cannot assure, represent or warrant, either explicitly or implicitly, the accuracy of any Content. We shall not be accountable to you or anyone else for any decision made or action taken in reliance on such Content.

Always consult a doctor or another qualified healthcare provider if you have any queries about a medical condition. Never disregard professional medical advice or delay seeking it due to something you have read in the FortaTech Security Services.

Our Services may contain health or medical-related materials that are sexually explicit. If you find these materials offensive, you may not want to use our Services.

3. Utilizing FortaTech Security’s Services

By using FortaTech Security’s Services, you acknowledge and agree that no doctor-patient relationship is established between you and FortaTech Security. You also understand that your interactions while using the FortaTech Security Services do not involve any doctor or other medical professional. Therefore, you forfeit any assumption or understanding related to the existence of a doctor-patient relationship with FortaTech Security. As stated elsewhere in this Agreement, FortaTech Security does not substitute for, nor does it provide, medical advice, diagnosis, or treatment.

4. Accounts

Our Services can potentially be utilized whether you create an Account or not. Whether or not you create an Account, you agree that your use of our Services is entirely voluntary. When you use our Services, you may be required to provide us with Personal Information (as defined in FortaTech Security’s Privacy Policy). We agree to collect and use your information in accordance with our Privacy Policy.

To access certain features of the FortaTech Security Services, you must establish an Account. Creating an Account will require you to register a unique username and password, as well as provide additional information as requested, including but not limited to Account Information (as defined by our Privacy Policy). By creating an Account, you agree to (a) provide true, accurate, current Account Information; and (b) maintain and promptly update the Account Information to keep it accurate and up to date. You are responsible for safeguarding your username and password from unauthorized use, and you are accountable for all activity that occurs on your Account. FortaTech Security is not liable for any loss or damage resulting from your failure to secure your username and password. If you believe your Account has been or may be used without your permission, please contact us immediately per the "Contact Us" section of this Agreement.

If you create an Account, we may also request specific information to enhance your user experience. This information may need to be updated periodically.

5. License to Our Services

Subject to this Agreement, FortaTech Security grants you a non-exclusive, non-transferable, non-sublicensable, revocable, and limited license to access our Services in accordance with this Agreement. Other than as expressly stated, no licenses or rights, whether by implication, estoppel, or otherwise, in or to the Services or any intellectual property rights related thereto are granted without FortaTech Security’s express prior written consent.

You are responsible for your access to our Services, including, but not limited to, any equipment, software, and fees, such as Internet or mobile fees.

In using our Services, you agree that:

• You will not license, sublicense, sell, rent, lease, transfer, reproduce, distribute, host, or otherwise commercially exploit any of our Services;

• You will not frame or use framing techniques to enclose any of our trademarks, logos, or other parts of our Services (including images, text, page layouts, or forms);

• You will not use any metatags or other "hidden text" using our name or trademarks;

• You will not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile, or reverse engineer any part of our Services, except to the extent the foregoing restrictions are expressly prohibited by applicable law;

• You will not use any manual or automated software, devices, or other processes (including, but not limited to, spiders, robots, scrapers, crawlers, avatars, data mining tools, or the like) to "scrape" or download data from any web pages contained in our Services (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from our Services for the sole purpose of creating publicly available, searchable indices of the materials, but not caches or archives of such materials);

• You will not access our Services in order to build a similar or competitive service;

• Except as expressly stated in this Agreement, no part of our Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means.

6. Privacy and Security

We take the privacy and security of your information very seriously. For details on how we collect, store, use, and protect your information, please see our publicly available security and privacy documentation posted on our website.

7. Changes to this Agreement and Services

This Agreement is subject to modification at our discretion. If we make changes to this Agreement, we will notify you by updating the date at the top of the Agreement and providing any additional notice required by law. Your continued use of our Services after we post any changes constitutes your acceptance of those changes. We also reserve the right to discontinue, temporarily or permanently, any and all of our Services or any part thereof with or without prior notice. You agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of our Services.

8. Termination

This Agreement will remain in full force and effect as long as you continue to access or use our Services, or until terminated in accordance with the provisions of this Agreement. We may terminate your rights to use our Services (including your Account) at any time for any reason at our sole discretion, including for any use of our Services in violation of this Agreement. Upon termination of your rights under this Agreement, your Account and right to access and use our Services will terminate immediately.

9. Individuals Below the Age of Majority

Our Services are not targeted towards minors, and we do not intentionally gather personal data from minors. If you are a minor under the age of 18, please cease usage of our Services right away. If you believe that a minor under 18 has provided us with personal data, kindly get in touch with us as indicated in the “Contact Us” portion of these Terms.

10. Access to External Services

In some cases, you might be able to access or utilize services provided by a third party via the FortaTech Security Services. These External Services are not under the provision of FortaTech Security. These External Services are offered by independent parties and may be subject to additional stipulations. Refer to the “External Services” section of these Terms for further details. FortaTech Security does not, in a clear or implied manner, advocate or recommend you to any External Service. Rather, FortaTech Security provides connections to these External Services as a convenience to you. FortaTech Security may request you to offer information in relation with your usage of these External Services, as per our Privacy Policy. In certain cases, FortaTech Security may have a financial connection with the external service provider. FortaTech Security may receive compensation when you click on the link to the External Service.

11. Ratings and Opinions.

When you rate or submit feedback to FortaTech Security, you agree to do so at your own peril and that FortaTech Security bears no responsibilities, including those related to confidentiality, for such ratings or feedback. By providing your ratings or opinions to FortaTech Security, you grant to FortaTech Security a lasting, irrevocable, global, non-exclusive, royalty-free, fully paid and fully sublicensable right and license to perform, distribute, alter, reproduce, create derivative works of, and otherwise commercially or non-commercially use all that information in any manner solely decided by FortaTech Security and in line with our Privacy Policy. We may integrate your ratings or feedback into our Services without payment or condition to you.

12. Legal Jurisdiction

FortaTech Security is managed and provided by us from the United States; therefore, these Terms and your use of the FortaTech Security Services are governed by U.S. law, and not by the laws of any other country, territory or jurisdiction apart from the United States. Our Services can be accessed from various countries globally and may contain references to features and content not available in locations other than the United States. These references do not insinuate that FortaTech Security plans to announce such services or content in these locations. FortaTech Security makes no representations that the Services are suitable or available for use in other locations. Access to or use of the Services from other locations is not permitted.

We do not represent or guarantee that the FortaTech Security Services or any functionality or feature thereof is suitable or available for use in any specific jurisdiction. If you choose to access or use the FortaTech Security Services, you do so on your own initiative and at your own risk, and you are responsible for complying with all applicable laws, rules, and regulations.

13. External Services

This section explains how we provide third-party content for your convenience. FortaTech Security does not endorse, recommend, or refer you to any third-party services available to you via our Services.

With your consent, we may connect you to certain third parties whose services may be relevant to you, based on the information you have provided us. When we do so, we may share with those third parties certain information, in accordance with our Privacy Policy.

In case of a dispute between you and a provider of External Services, you agree that FortaTech Security has no obligation to get involved and you release FortaTech Security, its directors, officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. FortaTech Security is independent of the providers of External Services, and does not employ or otherwise exercise any control over the services provided by such providers. Hence, FortaTech Security is not responsible for a provider of External Services' acts or omissions, or for any content of your communications with them.

14. Payments to External Parties

In certain instances, FortaTech Security may utilize a third-party payment processor to collect and process any payments submitted to FortaTech Security online. Like the External Services, your use of this payment processing service is subject to the terms and conditions of that third-party payment processor, and you are solely responsible for obtaining, understanding and complying with such terms and conditions.

15. Intellectual Property Rights

Our Services, and the information contained therein, including but not limited to all software and algorithms underlying the operation of the Services, and all copyrights and trademarks, are the property of FortaTech Security and its licensors and are protected from unauthorized copying and dissemination by U.S. copyright law, trademark law, international conventions, and other intellectual property laws.

“FortaTech Security, LLC” and the related graphics, logos, service marks, and trade names used in connection with FortaTech Security’s Services are the intellectual property of FortaTech Security under the applicable laws of the United States and/or other countries. All other product names and their related graphics, logos, service marks, and trade names are the intellectual property of their respective owners.

FortaTech Security respects and defends intellectual property rights and requests that our users do the same. Access to our services may be suspended or terminated for any user, whether they have an account or not, whom we have reason to suspect has infringed or potentially infringed upon another's intellectual property rights.

16. DMCA Notice

If you suspect that your work has been replicated within FortaTech Security's Services in a way that amounts to infringement, you may file a request for removal of such material from the Services by reaching out to FortaTech Security’s copyright representative (details below). In your communication, kindly include the following specifics:

A. A detailed description of the copyrighted work that you believe has been infringed, if possible, a copy of the location (e.g., the URL) of an authorized version of the work;

B. Details of the material you think infringes your rights and its location. Please provide the URL, and any other relevant information to enable FortaTech Security to locate the material;

C. Your contact information: name, address, phone number, and (if available) email address;

D. A declaration that you hold a good-faith belief that the reported misuse of the materials is not sanctioned by the copyright owner, its agent, or the law;

E. A statement attesting that the information you have provided is accurate, and under penalty of perjury, you are the copyright owner or are authorized to represent the copyright owner; and

F. A signature, physical or electronic, from the copyright owner or authorized representative.

The appointed agent for copyright issues concerning the Services is: Joshua Spencer, 11816 Inwood Rd # 3181, Dallas, TX 75244, legal@forta.tech.

17. Handling of Your Information

We treat your personal information with utmost respect. Please refer to our Privacy Policy for insights on how we collect and utilize your personal information.

By using our Services, you consent that you are exclusively responsible for all the information that you share with FortaTech Security either on behalf of yourself or others ("Your Information"). You declare that (a) you possess all necessary rights to share Your Information with us, (b) Your Information is truthful, precise, and up-to-date, and (c) Your Information does not contravene these Terms. Should you furnish information that is misleading, imprecise, outdated or incomplete, or if FortaTech Security has grounds to suspect such, we reserve the right to suspend or terminate your use of the Services. You are accountable for all utilization of our Services and your account. Our Services must be used for lawful purposes only. You are not permitted to use the Services in ways that could hinder our servers or networks or interfere with any other user's use of our Services. You must not attempt unauthorized access to our Services, user accounts, or computer systems or networks. It is prohibited to (a) duplicate, alter, adjust, translate, or reverse engineer any part of our Services, and/or its content or materials; or (b) create user accounts through automated means or under false or fraudulent pretenses.

You possess specific rights concerning the information you provide to us, such as the right to access. You can access Your Information from your Account. If you have not registered an Account, it may not be feasible for FortaTech Security to give you access to Your Information. For additional information about your rights to Your Information, please see our Privacy Policy.

By using the Services, barring any personally identifiable information you submit that may be regulated by the Health Insurance Portability and Accountability Act of 1996 as amended (“HIPAA”), the Family Educational Rights and Privacy Act of 1974 (FERPA), or related state-specific privacy laws and regulations (such information collectively, the “Excluded Content”), you grant to FortaTech Security a perpetual, irrevocable, global, non-exclusive, royalty-free, fully paid and fully sublicensable right, inclusive of any moral rights, and license to use, license, distribute, reproduce, modify, adapt, publicly perform, publicly display, derive works from, and otherwise commercially or non-commercially utilize Your Information as determined solely by FortaTech Security, exclusive of data you provide and maintain within the chat functionality of BastionGPT or documents that you upload to its services. Your Information includes your company name and logo. In compliance with our Privacy Policy and any applicable privacy laws and regulations, you grant to FortaTech Security a global, non-exclusive, royalty-free, fully paid and fully sublicensable right, inclusive of any moral rights, and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display the Excluded Content, wholly or partially, for the purpose of operating and providing our Services to you. Our license to Your Information will persist even after any termination of: (a) these Terms, or (b) your use of the Services.

You will not, and will ensure no third party does, perform any act or make available any of Your Information on or through our Services that:

A. Violates any intellectual property rights, moral rights, publicity rights, or other rights of any person or entity;

B. Is illegal, menacing, abusive, harassing, defamatory, libelous, deceitful, fraudulent, intrusive of another's privacy, tortious, obscene, offensive, or profane;

C. Interferes with or attempts to interfere with the proper functioning of our Services or employs our Services in any manner not explicitly permitted by these Terms; or

D. Engages in, or attempts to engage in, any potentially detrimental acts that are directed against FortaTech Security or our Services, including but not limited to violating or attempting to violate any security features of our Services, using manual or automated software or other means to access, "scrape," "crawl," or "spider" any pages of our Services, introducing viruses, worms, or similar harmful code into our Services, or interfering or attempting to interfere with the use of our Services by any other user, host or network, including by means of overloading, "flooding," "spamming," "mail bombing," or "crashing" our Services.

18. Disclaimers, Indemnity & Liability Limitations

Your utilization of FortaTech Security Services is solely at your own risk. As our Services are used, your Information might traverse a medium that is beyond the control of FortaTech Security. We bear no responsibility regarding the delay, failure, interruption, or corruption of any of Your Information or other data transmitted while using our Services.

You concur that, to the extent legally permissible, our Services are provided "as is" and "as available", with all faults. FortaTech Security rejects all warranties, representations, and conditions, either expressed or implied, statutory or otherwise, inclusive of but not limited to the implied warranties of merchantability, non-infringement of third parties’ rights, and suitability for a specific purpose, title, availability, security, operability, condition, quiet enjoyment, value, accuracy of data, freedom from viruses or malware, completeness, timeliness, functionality, reliability, sequencing or speed of delivery, or system integration.

By using our Services, you accept that under no circumstances will a FortaTech Security Party (as defined below) be held responsible for any loss of profits, revenue or data, indirect, incidental, special, or consequential damages ensuing from the use of, or inability to use, the Services or the content of our Services, whether founded on warranty, contract, tort, or any other legal theory, and regardless of whether the FortaTech Security Party has been warned of the possibility of such damages. In no event will any or all FortaTech Security Parties' liability to you exceed the amount you paid to FortaTech Security during the preceding 365 days. The previous limitations of liability do not apply to liability of the FortaTech Security Parties for (a) death or personal injury resulting from FortaTech Security’s gross negligence, or (b) for any injury caused by FortaTech Security’s fraud or fraudulent misrepresentation. The limits of damages set forth above are fundamental components of the agreement between you and FortaTech Security. To the extent that we may not, under applicable law, renounce any implied warranty or limit liabilities, the scope and duration of such warranty and our liability will be the minimum allowed under such applicable law.

You agree to protect, indemnify, and hold the FortaTech Security Parties harmless from any losses, costs, liabilities, and expenses (including reasonable attorney's fees) resulting from or connected with: (a) Your Information; (b) your misuse of the Services; (c) your violation of these Terms; (d) your violation of any rights of another party, including any other users; or (e) your violation of any applicable laws, rules, or regulations. FortaTech Security reserves the right to take on the exclusive defense and control of any matter subject to indemnification by you, where you will cooperate with us in asserting any available defenses. This provision does not require you to indemnify any of the FortaTech Security Parties for any unconscionable commercial practice by us, such as fraud, deception, false promise, misrepresentation or concealment, suppression, or omission of any material fact in connection with our Services. You agree that this section will continue to apply after any termination of your access to the Services, your Account, or these Terms.

19. Enforcement Measures

FortaTech Security values our users and expects reciprocal respect. If we perceive that you violated, or may have violated, these Terms, or have demonstrated conduct inappropriate for the FortaTech Security Services, we reserve the right to undertake any action that we find suitable, including but not limited to investigating such violations, suspending or terminating your Account or access to our Services, or pursuing relevant legal action. If we believe that criminal activity has taken place, we reserve the right to refer the matter to, and to cooperate with, the proper legal and/or law enforcement authorities. FortaTech Security will not be held liable to you for any suspension or termination of your Account or access to our Services, including for the deletion of Your Information. FortaTech Security will not be liable to you for any action we may take in response to your violation, or suspected violation, of these Terms.

20. Term & Termination

These Terms commence on the date when you accept them and remain in effect while you use our Services, unless terminated earlier in accordance with these Terms.

You may terminate access to our Services by halting all use of our Services. Subject to applicable law, FortaTech Security reserves the right to retain, delete or destroy all Content, including Your Information and Excluded Content posted or uploaded to the Services according to our record retention and/or content destruction policies. All sections of these Terms that by their nature should survive, will endure the termination of your Account or access to the Services, including but not limited to licensing rights, warranty disclaimers, and limitations of liability.

21. Dispute Resolution

You concur that any dispute or claim relating in any way to your access or use of the Services or to any aspect of your relationship with FortaTech Security will be settled by binding arbitration, not in court (the “Arbitration Agreement”). However, you may assert claims in small claims court if your claims qualify. Also, you or FortaTech Security may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement includes all claims that arose or were asserted before the commencement of these Terms or any prior version of these Terms. This Arbitration Agreement will endure the termination of your relationship with us. This Arbitration Agreement is governed by the Federal Arbitration Act.

To initiate an arbitration proceeding, you must send a letter requesting arbitration and detailing your claim to our registered agent, Northwest Registered Agent LLC., 522 W Riverside Ave. Suite N, Spokane, Washington 99201.

The arbitrator holds the sole authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement including any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitrator will decide the rights and liabilities, if any, of you and FortaTech Security. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator has the authority to grant motions dispositive of any claim, to award monetary damages, and to grant any non-monetary remedy or relief available under applicable law, the arbitral forum's rules, and these Terms (including the Arbitration Agreement). The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded.

The arbitrator possesses the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and FortaTech Security.

You and FortaTech Security hereby waive any constitutional and statutory rights to sue in court and have a trial in front of a judge or jury. Instead, you and FortaTech Security will settle all claims and disputes through arbitration under this Arbitration Agreement, except as specified in the subsection entitled "Applicability of Arbitration Agreement" above. An arbitrator can award the same damages and relief as a court and must follow these Terms as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

All claims and disputes within this Arbitration Agreement must be arbitrated on an individual basis, not on a class or collective basis. If a decision is issued stating that applicable law precludes enforcement of any of this subsection's limitations as to a given claim for relief, then the claim must be severed from the arbitration and brought into the state or federal courts in Dallas County, Dallas, Texas, United States. All other claims will be arbitrated.

You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to FortaTech Security via email to legal@forta.tech or via mail to the following address: FortaTech Security Legal, 11816 Inwood Rd # 3181, Dallas, TX 75244. You must opt out within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address you used to set up your Account (if you have one), and the statement, “I want to opt out of the Arbitration Agreement.” If you opt out of this Arbitration Agreement, all other parts of these Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with FortaTech Security.

If FortaTech Security makes any future material change to this Arbitration Agreement, you can reject that change within 30 days of such change becoming effective by contacting FortaTech Security via email to legal@forta.tech or via mail to the following address: FortaTech Security Legal, 11816 Inwood Rd # 3181, Dallas, TX 75244.

If any part of this Arbitration Agreement is found unenforceable, then that part will be severed. The remainder of this Arbitration Agreement will remain in full force and effect.

22. General Provisions

The exchanges between you and FortaTech Security primarily employ electronic methods, be it through your utilization of the Services, via email correspondence, or through notifications posted on the FortaTech Security website. You consent to receiving digital communications from FortaTech Security, and concur that all agreements, notices, disclosures, and other messages provided to you by FortaTech Security electronically comply with any legal requirement that would be fulfilled if the communication were in tangible written form. This clause does not affect your statutory rights.

In instances where FortaTech Security requires your email address, you bear the responsibility of providing your current and active email address. If the last email address you shared with FortaTech Security is no longer valid, or unable to receive the requisite or permitted notices under these Terms, FortaTech Security's delivery of an email containing such notice will still constitute effective notice. You may serve legal notice to us at 11816 Inwood Rd # 3181, Dallas, TX 75244, or where permissible by law, via email at legal@forta.tech. FortaTech Security will deem such notice as received when delivered by a nationally recognized overnight delivery service or first-class postage prepaid mail to the aforementioned address.

You discharge FortaTech Security and its successors from claims, demands, all forms of losses, damages, rights, and actions, including personal injuries, death, and property damage, directly or indirectly associated with or arising from your utilization of the Services, including but not limited to interactions with other users, third parties, or Third-Party Services connected with these Terms or your usage of the Services. If you are a California resident, you relinquish your rights under California Civil Code Section 1542. The foregoing release does not encompass any claims, demands, losses, damages, rights, and actions, including personal injuries, death, or property damage arising from any unethical commercial practice, fraudulent acts, deception, false promises, misrepresentation, or concealment, or omission of any material fact connected with the Services we offer.

You are prohibited from assigning, subcontracting, delegating, or otherwise transferring any of your rights or obligations stipulated in these Terms. Any attempted transfer will be considered null and void.

FortaTech Security bears no liability for any delays or failures associated with the Services resulting from circumstances beyond our reasonable control, which include but are not limited to acts of God, war, terrorism, riots, embargoes, civil or military authority acts, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

As far as you or FortaTech Security are allowed under these Terms to initiate legal proceedings in a court, you and FortaTech Security concur that all claims and disputes emanating from or relating to these Terms will be exclusively resolved in the state or federal courts situated in Dallas County, Dallas, Texas, USA. You and FortaTech Security agree to personal jurisdiction in these courts.

These Terms and any related actions will be governed and interpreted by the laws of the State of Texas, in accordance with the Federal Arbitration Act, without regard to any principles that advocate for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

Any instance of non-enforcement or waiver of any provision of these Terms will not constitute a waiver of any other provision or of such provision under any other circumstances.

If any section of these Terms is found unenforceable, that section will be interpreted in a manner that as closely as possible reflects the original intentions of the parties. This will not affect any other sections of the Terms.

You are prohibited from using, exporting, importing, or transferring the Services or any part thereof unless authorized by U.S. law, the laws of the jurisdiction where you obtained the Services, and other applicable laws.

These Terms represent the definitive, comprehensive, and exclusive agreement of the parties concerning the subject matter herein, superseding and merging all prior discussions between the parties regarding such subject matter.

23. Modification of Terms

FortaTech Security reserves the right to periodically update these Terms to accurately reflect our Services and policies. Upon any changes, the updated Terms will be made accessible on the FortaTech Security website, and we will revise the "Effective Date". In cases of significant changes to these Terms, as solely determined by us, we may notify you of such changes (e.g., through our Services or via email if you have provided your email address to us). If you disagree with the changes after receiving notification, you should cease using our Services. Your continued use of the Services implies your acceptance of the changes. We advise checking the FortaTech Security website regularly to review the latest version of the Terms.

24. Reaching Us

If you have any inquiries regarding these Terms, kindly visit the FortaTech Security Contact page. There you will find answers to frequently asked questions and a way to directly communicate with our user support team. Please refrain from including health information or other sensitive information when communicating with our user support team.

25. Service Level Agreement (SLA)

FortaTech Security commits to providing a Service Level Agreement ("SLA") for the BastionGPT chatbot service of 99.9% uptime, calculated on a monthly basis. The SLA does not account for any downtime caused by circumstances beyond FortaTech Security's reasonable control, including but not limited to acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems (excluding those involving Company employees), or Internet service provider failures or delays. In the event that FortaTech Security fails to meet this SLA, eligible clients may qualify for a service credit pursuant to the terms set forth in these terms.

If the uptime of FortaTech Security’s Service, to include BastionGPT, falls below the 99.9% threshold as stipulated in the SLA, eligible clients will qualify for a service credit or refund. This service credit or refund will be calculated as follows: for each full or partial hour of downtime beyond the agreed SLA, eligible clients will receive a credit of 5% of their monthly Service fee, up to a maximum of 100% of the client's monthly Service fee. Service credits will be applied against future payments owed by the client. Service credits may not be transferred or applied to any other account. Unless otherwise provided in the Agreement, the Service Credit or refund as described in this section shall be your sole and exclusive remedy for any unavailability or non-performance of FortaTech Security Services, to include BastionGPT, or other failure by us to provide the Services. Claims for service credits must be submitted to FortaTech Security in writing within 30 days from the time the service issue occurred.

26. HIPAA Business Associate

If Customer is a “covered entity” or a “business associate” and includes "protected health information" in data provided to FortaTech Security or its systems, as those terms are defined under the Health Insurance Portability and Accountability Act of 1996, as amended, and the regulations promulgated thereunder (collectively, “HIPAA”), execution of this Terms of Use includes execution of the HIPAA Business Associate Agreement (“BAA”). The full text of the BAA is available at https://forta.tech/HIPAA-BAA.pdf. Customer may opt out of the BAA by sending the full legal name of the Customer and any Affiliate that is opting out to FortaTech Security in a written notice.

  1. FERPA

If FortaTech Security has access to students’ educational records, Fortatech Security shall limit its employees’ access to the records to those persons for whom access is essential to the performance of the Services. FortaTech Security shall, at all times and in all respects, comply with the terms of the Family Educational Rights and Privacy Act of 1974, as amended.