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TERMS & CONDITIONS

Last Updated: February 10th, 2025

Welcome to the Fortress Concepts website (the “Website”). This Website is operated by DevNoun LLC DBA Fortress Concepts (“Company,” “we,” “us,” or “our”) and provides information about our cybersecurity services. By accessing or using our Website and/or our services (collectively, the “Services”), you (“you” or “User”) agree to be bound by the following Terms & Conditions (“Terms”). If you do not agree with these Terms, you must not access or use the Website or our Services.

Please read these Terms carefully. They contain important information about your legal rights, remedies, and obligations.

1. ACCEPTANCE OF TERMS

1.1 Binding Agreement
These Terms constitute a binding legal agreement between you and the Company. By accessing or using the Website or Services, you acknowledge that you have read, understood, and agreed to be bound by these Terms and our Privacy Policy, which is hereby incorporated by reference.

1.2 Eligibility
You represent and warrant that you are at least eighteen (18) years of age and have the legal authority to enter into these Terms. If you are using the Services on behalf of a corporation, organization, or other legal entity, you warrant that you have the authority to bind that entity to these Terms.

2. SCOPE OF SERVICES

2.1 Services Description
Fortress Concepts offers cybersecurity consulting and related services, including but not limited to (i) cybersecurity assessments, (ii) penetration testing, (iii) vulnerability management, (iv) secure system design, (v) incident response, (vi) training and education, and (vii) tailor-made cybersecurity solutions on a per-customer or per-contract basis. A summarized description of our core service offerings can be found at https://fortressconcepts.com/services.

2.2 No Guarantee of Results
You understand and agree that cybersecurity measures, while designed to reduce risk, do not guarantee that your systems or data will be invulnerable to breaches, unauthorized access, or other security threats. We do not promise or guarantee specific results or outcomes from the Services.

2.3 Changes to Services
We reserve the right to modify, suspend, or discontinue any or all parts of the Services at any time without prior notice. We shall not be liable to you or any third party for any such modification, suspension, or discontinuation.

3. USE OF THE WEBSITE

3.1 License to Use
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Website solely for your personal or internal business purposes, subject to these Terms.

3.2 Prohibited Uses
You agree not to:

  • Violate any applicable laws or regulations.
  • Use the Website for any fraudulent or unlawful purposes.
  • Engage in unauthorized access or tampering with the Website’s systems or servers.
  • Transmit any viruses, malware, or other harmful code through the Website.
  • Scrape, crawl, or data-mine any portion of the Website without our express written permission.

3.3 Account Security
If you create an account or otherwise provide login information, you are responsible for maintaining the confidentiality of such information and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or password.

4. INTELLECTUAL PROPERTY RIGHTS

4.1 Ownership
All content, materials, text, images, logos, software, and other information (collectively, “Content”) provided on or through the Website or our Services are owned by us or licensed to us. This includes all copyrights, trademarks, trade secrets, and other proprietary rights.

4.2 Limited License
You may not copy, reproduce, distribute, modify, publicly display, perform, republish, download, store, or transmit any Content without our express prior written permission, except for personal or internal business use consistent with these Terms.

4.3 Trademarks
“Fortress Concepts,” and any related names, logos, or product and service names are trademarks of the Company (collectively, the “Marks”). You must not use such Marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners and may not be used without their permission.

5. SERVICE ENGAGEMENT & CONTRACTS

5.1 Separate Contracts
Any specific cybersecurity Services you engage us for may be subject to separate contracts or statements of work (“SOW”) that include additional terms and conditions. To the extent there is any inconsistency between these Terms and a separate written contract or SOW, the separate written contract or SOW shall govern.

5.2 Custom Solutions
We may provide custom or tailor-made cybersecurity solutions on a project basis. Such services will be governed by the applicable separate agreement or SOW. These Terms supplement any such agreement or SOW unless specifically stated otherwise.

6. PAYMENT TERMS

6.1 Fees
All fees for our Services shall be specified in a separate contract, proposal, invoice, or SOW. Unless otherwise stated, all fees are in U.S. dollars and are non-refundable once services have been rendered.

6.2 Late Payments
If you fail to pay any amount owed when due, we reserve the right to suspend or terminate your access to the Services or any outstanding delivery obligations until full payment is received. Late payments may bear interest at the maximum rate permitted by applicable law.

7. CONFIDENTIALITY

7.1 Definition
“Confidential Information” includes any non-public, confidential, or proprietary information disclosed by either party in the course of performing or receiving the Services, including, without limitation, data, technology, trade secrets, business strategies, plans, or any other information that should reasonably be understood to be confidential.

7.2 Obligations
Each party agrees to protect the other’s Confidential Information from unauthorized use, access, or disclosure with the same degree of care it uses to protect its own confidential information, but in no event less than a reasonable standard of care.

7.3 Exclusions
Confidential Information does not include information that (i) is or becomes generally known to the public without breach of any obligation owed to the disclosing party, (ii) was lawfully in the receiving party’s possession prior to disclosure, (iii) is lawfully disclosed to the receiving party by a third party without restriction on disclosure, or (iv) is independently developed by the receiving party without use of or reference to the disclosing party’s Confidential Information.

8. DISCLAIMERS

8.1 No Warranty
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE, SERVICES, AND ANY RELATED INFORMATION ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OR GUARANTEES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
WE EXPRESSLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, OR THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.

8.2 Cybersecurity Risks
You acknowledge that cybersecurity threats are constantly evolving, and despite our professional efforts, no system or method can be guaranteed to be completely secure or invulnerable to attacks. We do not guarantee that our Services will prevent all unauthorized access, breaches, or cyberattacks.

8.3 Service Failure
In the event of any failure, error, malfunction, or disruption (collectively, “Service Failure”), you agree that Fortress Concepts shall not be liable for any losses, damages, or liabilities resulting from or related to such Service Failure, regardless of whether such failure arises from our negligence, errors, or omissions, or from any third-party actions or technologies.

8.4 Third-Party Links and Services
Our Website or Services may contain links or integrations with third-party websites or services that are not owned or controlled by us. We do not endorse or assume any responsibility for the content, products, or practices of any third-party websites or services. Access or use of such third-party sites is at your own risk.

9. LIMITATION OF LIABILITY

9.1 Exclusion of Damages
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL FORTRESS CONCEPTS OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF REVENUE, LOSS OR CORRUPTION OF DATA, OR LOSS OF BUSINESS OPPORTUNITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9.2 Cap on Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF FORTRESS CONCEPTS FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES EXCEED THE AMOUNT PAID BY YOU TO THE COMPANY FOR THE SPECIFIC SERVICES GIVING RISE TO SUCH LIABILITY IN THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

9.3 Basis of the Bargain
You agree that the limitations of liability set forth in this Section 9 are a fundamental basis of the bargain between you and the Company, and that we would not be able to provide the Services to you on an economically feasible basis without such limitations.

10. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Fortress Concepts, its officers, directors, employees, agents, and affiliates, from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including reasonable attorneys’ fees) arising out of or related to:

  • (a) Your use of and access to the Website or Services in violation of these Terms;
  • (b) Your actual or alleged breach of any representation, warranty, or obligation set forth in these Terms;
  • (c) Your violation of any law or the rights of a third party; or
  • (d) Any claim that your data, information, or content infringes or otherwise violates the rights of a third party.

11. GOVERNING LAW & DISPUTE RESOLUTION

11.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Nevada, without regard to its conflict of law principles.

11.2 Venue
Any dispute arising out of or relating to these Terms or the Services shall be resolved exclusively in the state or federal courts located in the State of Nevada, and you consent to personal jurisdiction and venue in these courts.

11.3 Injunctive Relief
Notwithstanding anything to the contrary, we reserve the right to seek injunctive or equitable relief in any court of competent jurisdiction to prevent any actual or threatened breach of these Terms or violation of our intellectual property rights.

12. TERMINATION

12.1 Termination by You
You may stop using the Website or Services at any time. If you wish to terminate an ongoing Service contract, you must do so pursuant to the terms of that specific contract or SOW.

12.2 Termination by Us
We reserve the right, in our sole discretion, to terminate or suspend your access to the Website or Services at any time, with or without notice, for any reason including but not limited to your breach of these Terms.

12.3 Effect of Termination
Upon termination of your right to use our Services, you shall cease all use of the Services. Any provisions which by their nature should survive termination of these Terms shall continue to apply, including but not limited to Sections 7 (Confidentiality), 8 (Disclaimers), 9 (Limitation of Liability), 10 (Indemnification), and 11 (Governing Law & Dispute Resolution).

13. CHANGES TO TERMS

We may revise or update these Terms from time to time at our sole discretion. The most current version of the Terms will be posted on the Website. If we make material changes, we will make reasonable efforts to notify you by posting a notice on the Website or by other means. Your continued use of the Website or Services after the posting of the revised Terms constitutes your acceptance of such changes.

14. SEVERABILITY

If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

15. ENTIRE AGREEMENT

These Terms, together with any additional agreements or SOWs entered into between you and the Company, constitute the entire agreement between you and the Company regarding the subject matter herein and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and the Company.

16. WAIVER

No waiver of any provision of these Terms by the Company shall be deemed a further or continuing waiver of that provision or any other provision, and the Company’s failure to assert any right or provision under these Terms shall not constitute a waiver of that right or provision.

17. FORCE MAJEURE

We shall not be liable for any failure or delay in our performance under these Terms or a separate Service agreement due to acts beyond our reasonable control, including but not limited to acts of God, labor disputes, accidents, fires, pandemics, telecommunications or internet failures, cyberattacks, or the acts or omissions of government authorities.

18. CONTACT US

If you have any questions or concerns about these Terms or our Services, please contact us at:

Fortress Concepts
Email: hi@fortressconcepts.com

BY USING THIS WEBSITE OR OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS & CONDITIONS. IF YOU DO NOT AGREE, YOU MUST NOT ACCESS OR USE THE WEBSITE OR SERVICES.

Effective Date: February 10th, 2025

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