Terms of Service

These Terms of Service ("Terms") govern your access to and use of the FortWatch.ai website, platform, APIs, and related services (collectively, the "Services") provided by FortWatch.ai Technologies LLC ("FortWatch", "we", "us", or "our").

By accessing or using our Services, you agree to be bound by these Terms. If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

If you do not agree with these Terms, you must not access or use the Services.

1. Definitions

Account — your registered account on the FortWatch.ai platform.
Assets — the domains, IP addresses, servers, cloud accounts, and other infrastructure you register for monitoring through the Services.
Customer Data — any data, content, or information you submit, upload, or make available through the Services, including scan results and configuration data.
Subscription — the paid plan you select that determines your access level, feature availability, and usage limits.
User — any individual who accesses or uses the Services through your Account.

2. Account Registration and Security

To use the Services, you must create an Account by providing accurate, complete, and current information. You are responsible for maintaining the confidentiality of your Account credentials and for all activities that occur under your Account.

You agree to immediately notify us at security@fortwatch.ai of any unauthorized use of your Account or any other breach of security. We will not be liable for any loss or damage arising from your failure to protect your Account credentials.

You must be at least 18 years of age to create an Account. Each Account is for a single organization. You may not share Account credentials across organizations.

3. Services and Permitted Use

FortWatch.ai provides security monitoring, vulnerability scanning, cloud security posture management, server hardening assessments, and related security services. You may use the Services only for lawful purposes and only on Assets that you own or have explicit authorization to scan.

You agree not to:

Use the Services to scan, probe, or test systems you do not own or have authorization to test
Use the Services to conduct denial-of-service attacks or other destructive activities
Reverse engineer, decompile, or disassemble any part of the Services
Resell, sublicense, or redistribute the Services without our prior written consent
Attempt to gain unauthorized access to the Services, other accounts, or related systems
Use the Services in violation of any applicable law, regulation, or third-party rights
Interfere with or disrupt the integrity or performance of the Services
Upload malicious code, viruses, or other harmful material through the Services

We reserve the right to suspend or terminate your access if we reasonably believe you are violating these Terms or using the Services in a manner that could harm FortWatch.ai, our infrastructure, or other users.

4. Subscriptions and Billing

Access to certain features of the Services requires a paid Subscription. By selecting a Subscription, you agree to pay all applicable fees as described in the pricing plan you choose.

Billing Cycle — Subscriptions are billed in advance on a monthly or annual basis, depending on the plan you select.
Auto-Renewal — Subscriptions automatically renew at the end of each billing cycle unless you cancel before the renewal date.
Price Changes — We may adjust pricing with at least 30 days' notice before your next billing cycle. Continued use after price changes constitutes acceptance.
Taxes — All fees are exclusive of taxes. You are responsible for paying any applicable sales tax, VAT, or similar taxes.
Failed Payments — If payment fails, we may suspend your access until payment is resolved. We will attempt to notify you before suspension.

5. Free Trial

We may offer a free trial period for new users. During the trial, you will have access to select features of the Services at no charge. At the end of the trial period, your access will be downgraded to the free tier unless you purchase a Subscription.

We reserve the right to modify, suspend, or discontinue free trials at any time. Free trial eligibility is limited to one trial per organization.

6. Refund Policy

We offer a 14-day money-back guarantee on all new Subscriptions. If you are not satisfied with the Services, contact our support team within 14 days of your initial purchase for a full refund.

Refunds are not available for renewal charges, plan upgrades or downgrades after the 14-day period, or where the Services have been used in violation of these Terms.

7. Customer Data and Ownership

You retain all rights to your Customer Data. By using the Services, you grant us a limited license to access, process, and store your Customer Data solely for the purpose of providing and improving the Services.

We will not sell, share, or use your Customer Data for advertising purposes. We treat all Customer Data as confidential and handle it in accordance with our Privacy Policy.

You are responsible for ensuring that you have the necessary rights and permissions to submit Customer Data to the Services, and that your use of the Services does not violate any third-party rights.

8. Intellectual Property

The Services, including all software, algorithms, designs, documentation, and content provided by FortWatch.ai, are and remain our exclusive property or the property of our licensors. These Terms do not grant you any rights to our intellectual property except the limited right to use the Services as permitted herein.

You may not copy, modify, distribute, sell, or lease any part of the Services, nor may you reverse engineer or attempt to extract the source code, unless applicable law permits such activities regardless of this limitation.

9. Security and Vulnerability Scanning

The Services perform security scans and assessments on your Assets. You acknowledge and agree that:

You are solely responsible for ensuring you have proper authorization to scan all registered Assets
Scan results are provided for informational purposes and do not constitute a guarantee that your systems are free from vulnerabilities
We are not responsible for any damage or disruption caused by scanning activities on your Assets
The absence of findings does not mean the absence of vulnerabilities — our scans are limited to known vulnerability databases and detection methods
You should not rely solely on our Services for your security program — they are one component of a comprehensive security strategy

10. Service Availability and SLA

We strive to maintain high availability of the Services but do not guarantee uninterrupted access. We may perform scheduled maintenance with reasonable advance notice. Emergency maintenance may occur without notice when necessary to protect the Services or our users.

For customers on eligible paid plans, we commit to maintaining high platform availability and will provide service credits for significant downtime events.

11. Account Suspension and Termination

By You: You may cancel your Subscription and close your Account at any time through your account settings or by contacting support. Upon cancellation, you will retain access through the end of your current billing period.

By Us: We may suspend or terminate your Account immediately if:

You breach these Terms or any applicable law
You engage in scanning of unauthorized Assets
Your use poses a security risk to the Services or other users
Your Account has been inactive for more than 12 consecutive months on a free plan
You fail to pay applicable fees after notice and a reasonable cure period

Upon termination, we will make your Customer Data available for export for 30 days. After this period, we may permanently delete your data in accordance with our data retention policy.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FORTWATCH.AI AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

These limitations apply regardless of the theory of liability (contract, tort, strict liability, or otherwise) and even if we have been advised of the possibility of such damages.

13. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that the Services will be uninterrupted, error-free, or completely secure, or that any defects will be corrected. We do not warrant that the Services will detect all vulnerabilities in your Assets or that following our recommendations will prevent all security incidents.

14. Indemnification

You agree to indemnify, defend, and hold harmless FortWatch.ai and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with:

Your use of the Services
Your violation of these Terms
Your violation of any third-party rights, including unauthorized scanning of third-party systems
Any Customer Data you submit through the Services

15. Third-Party Services

The Services may integrate with or contain links to third-party services, tools, or websites. We are not responsible for the content, functionality, security, or practices of any third-party services. Your use of third-party services is subject to their respective terms and policies.

16. Modifications to Terms

We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms on our website and, for significant changes, by sending an email to the address associated with your Account. Your continued use of the Services after changes take effect constitutes acceptance of the revised Terms.

If you do not agree to the updated Terms, you must stop using the Services and may cancel your Subscription.

17. Governing Law and Disputes

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

Any dispute arising out of or relating to these Terms or the Services shall first be attempted to be resolved through good-faith negotiation. If the dispute cannot be resolved within 30 days, either party may pursue resolution through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.

Nothing in this section prevents either party from seeking injunctive or other equitable relief in a court of competent jurisdiction to prevent irreparable harm.

18. General Provisions

Entire Agreement — These Terms, together with our Privacy Policy and any applicable Subscription agreement, constitute the entire agreement between you and FortWatch.ai regarding the Services.
Severability — If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
Waiver — Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision.
Assignment — You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
Force Majeure — We will not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including natural disasters, war, terrorism, strikes, or government actions.

19. Contact Us

If you have any questions about these Terms of Service, please contact us: