Plain English Notice - This is a legal contract. By using Fortify Guardian (Fortify) you agree to everything below. "We," "us," and "Dura Cyber" mean Dura Cyber, LLC. "You" means the business or person that signs up, either directly or through a Managed Service Provider ("Partner"). Read carefully or consult a lawyer before using the Service.
| Term | Meaning |
|---|---|
| Service | The Fortify cloud software, agents, SDKs, APIs, and documentation we provide. |
| Customer | The legal entity purchasing a subscription. |
| Partner (MSP) | A Customer that deploys and administers the Service on behalf of its downstream clients ("Authorized Clients"). |
| Order | The online checkout or signed quote that specifies the plan, seats/tenants, price, and subscription term. |
Customer (and, where applicable, each Partner or Authorized Client) is solely responsible for:
Dura Cyber has no duty to detect, monitor, prevent, or respond to any cyberattack, outage, data loss, or compliance issue affecting Customer's environment.
We grant you a limited, non-exclusive, non-transferable license to access and use the Service during your paid subscription for your internal business purposes.
Partners may deploy Fortify for Authorized Clients, provided they:
We target 99.9% monthly uptime, excluding (a) scheduled maintenance announced at least 24 hours in advance and (b) events outside our reasonable control.
We provide email support Monday-Friday, 8 a.m.-5 p.m. Pacific Time, excluding U.S. holidays.
Each party (the "Recipient") must protect the other's confidential information with at least reasonable care and use it only to perform this contract. This obligation lasts five(5) years after termination, or indefinitely for trade secrets.
Fortify, our trademarks, and all related intellectual property rights remain the sole property of Dura Cyber and its licensors. Except for the limited rights granted here, no license is implied. You grant us a royalty free, irrevocable license to use any feedback you provide to improve the Service.
The Service may generate security recommendations, configuration templates, or automated policy actions. We make no guarantee and expressly disclaim any representation that implementing any recommendation will prevent cyber security incidents (including but not limited to ransomware, data breaches, or unauthorized access) or that such implementation will be error-free or uninterrupted. The Service is not a managed security or incident response service and does not monitor, detect, prevent, or respond to cyber threats, vulnerabilities, or compliance gaps; Dura Cyber has no duty to do so.
Testing Responsibility. You (and, where applicable, each Partner and Authorized Client) are solely responsible for reviewing, validating, and testing every recommendation in a non production or other safe environment before rolling it into production. You assume all risk of outages, data loss, degraded performance, misconfiguration, or any other harm that may result from following or ignoring a recommendation.
No Compliance Warranty. We do not warrant that use of the Service-alone or in combination with any recommended settings-will satisfy the requirements of CIS, CMMC, HIPAA, PCI-DSS, insurance carriers, cyber-regulators, or any other rule or standard.
All guidance is provided "as-is" for general information and does not constitute legal, regulatory, financial, or professional advice. You are solely responsible for verifying that any configuration meets your obligations and risk tolerance.
We may offer pre-release or beta features. Beta Services are provided AS-IS, with no SLA; we may change or discontinue them at any time without notice.
Except as expressly set out in this Agreement, the Service is provided "AS IS" and we disclaim all implied warranties, including merchantability, fitness for a particular purpose, title, and non-infringement.
To the maximum extent allowed by law, our aggregate liability under this Agreement will not exceed the amounts you paid us during the 12 months preceding the event giving rise to the claim. We will never be liable for lost profits, revenue, data, business interruption, or any indirect, special, incidental, punitive, or consequential damages, even if advised of the possibility.
You will defend, indemnify, and hold harmless Dura Cyber (including our officers, directors, employees, and Affiliates) from and against any third party claim, demand, or action (including all related liabilities, damages, losses, costs, and reasonable attorneys' fees) arising out of or relating to:
We will: (i) promptly notify you of any claim (failure to do so will not relieve you of your obligations unless it materially prejudices your defense), (ii) allow you to control the defense and settlement (subject to our written consent for any settlement that admits liability or imposes obligations on us), and (iii) provide reasonable assistance at your expense.
Either party may terminate this Agreement for material breach with 30 days' written notice if the breach remains uncured. We may also suspend or terminate immediately if required by law or to protect the Service from a security or compliance risk.
Sections 6 , 7-9, 10, 11, 12, 13, 15-17, and any accrued payment obligations survive termination.
Unless prohibited by law, any dispute arising out of these Terms shall be resolved in the state or federal courts located in Clark County, Washington, and the prevailing party may recover reasonable attorneys' fees and costs. Both parties waive the right to a jury trial and to participate in class actions.
*(If you prefer binding arbitration instead of court litigation, replace this section with a proper arbitration clause to ensure enforceability in your jurisdiction.)*
Thank you for choosing Fortify.
