Terms of Service

FortiHost LLC

Effective Date: May 3, 2026 | Last Updated: May 3, 2026

1. Agreement to Terms

These Terms of Service ("Terms") govern your access to and use of the websites, products, services, and applications (collectively, the "Services") provided by FortiHost LLC ("FortiHost", "we", "us", or "our"), a Texas limited liability company.

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree, you may not access or use the Services.

If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity, in which case "you" or "your" refers to that entity.

2. About FortiHost

FortiHost LLC provides technology services including but not limited to:

IT consulting and support services
ERP implementation, customization, and ongoing support
Cloud and managed hosting services
Custom software, web, and mobile application development
Software-as-a-Service (SaaS) products including FORTiPOS, FORTiGym, and related applications
Customer support and communication services

Legal Name: FortiHost LLC
Business Address: 6751 Sandshell Boulevard, Fort Worth, TX 76137, USA
Email: [email protected]

3. Eligibility

You must be at least 18 years old (or the age of legal majority in your jurisdiction) and capable of forming a binding contract to use our Services. By using the Services, you represent that you meet these requirements.

Our Services are intended for business and professional use. They are not designed for, and should not be used by, children under the age of 13.

4. Accounts and Registration

To access certain Services, you may be required to register for an account. When you register, you agree to:

Provide accurate, complete, and current information
Maintain the confidentiality of your account credentials
Promptly update your information if it changes
Notify us immediately of any unauthorized use or security breach of your account
Accept responsibility for all activities that occur under your account

We reserve the right to suspend or terminate accounts that contain false information or that violate these Terms.

5. Service Plans, Fees, and Payment

5.1 Fees

Some of our Services require payment. Fees, billing cycles, and payment terms will be set out in the applicable order, contract, quotation, or service description. All fees are exclusive of taxes unless otherwise stated.

5.2 Payment

You agree to pay all fees on time and in the currency specified. Payment is due according to the schedule in your contract or invoice. Late payments may incur additional fees and may result in suspension or termination of Services.

5.3 Refunds

Unless otherwise stated in your specific service agreement, fees paid are non-refundable. Refund eligibility, if any, is determined by the terms of your individual contract with FortiHost.

5.4 Price Changes

We may change our prices for Services at any time. For ongoing or subscription Services, we will provide reasonable advance notice of any price increase before it takes effect.

6. Acceptable Use

You agree not to use our Services to:

Violate any applicable law, regulation, or third-party right
Distribute malware, viruses, or other harmful code
Attempt to gain unauthorized access to any system, network, or account
Interfere with or disrupt our Services or related infrastructure
Send unsolicited bulk messages, spam, or phishing attempts
Host or distribute illegal, infringing, defamatory, or harassing content
Use the Services to compete with FortiHost or to develop a competing product
Reverse-engineer, decompile, or disassemble any part of our software, except where permitted by law
Resell or redistribute our Services without our written authorization

We may suspend or terminate your access for any violation of this section.

7. Customer Data and Content

7.1 Your Data

You retain ownership of all data, content, and materials you provide to us or that pass through our Services ("Customer Data"). By using our Services, you grant FortiHost a limited, non-exclusive license to host, process, transmit, and display Customer Data solely for the purpose of providing the Services to you.

7.2 Backups and Data Loss

While we take reasonable measures to protect Customer Data, you are responsible for maintaining your own backups of important data. FortiHost is not liable for data loss except where caused by our gross negligence or willful misconduct.

7.3 Confidentiality

We treat Customer Data as confidential and will not disclose it except as necessary to provide the Services, comply with law, or as authorized by you.

8. Intellectual Property

8.1 FortiHost Property

All software, source code, designs, trademarks, logos, documentation, and other materials provided by FortiHost as part of the Services (excluding Customer Data) are owned by FortiHost or our licensors and are protected by intellectual property laws.

Subject to your compliance with these Terms and payment of applicable fees, FortiHost grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business purposes during the term of your engagement.

8.2 Custom Development

For custom software development engagements, ownership of deliverables will be governed by the specific contract or statement of work. Unless otherwise agreed in writing, FortiHost retains ownership of pre-existing code, frameworks, and tools used to build custom deliverables.

8.3 Feedback

If you provide feedback, suggestions, or ideas to us about our Services, you grant FortiHost a perpetual, irrevocable, royalty-free license to use that feedback for any purpose without obligation to you.

9. Service Availability and Support

We aim to provide reliable, high-quality Services. However, we do not guarantee uninterrupted, error-free, or secure operation of the Services. The Services may be temporarily unavailable due to maintenance, upgrades, or factors beyond our reasonable control.

Specific service-level commitments, uptime targets, and support response times, if any, will be defined in individual contracts or service-level agreements.

10. Third-Party Services

Our Services may integrate with or rely on third-party platforms (such as Twilio, Zoho, Meta Platforms, payment processors, or cloud infrastructure providers). FortiHost is not responsible for the availability, accuracy, or content of third-party services. Your use of third-party services may be subject to additional terms imposed by those providers.

11. Disclaimers

EXCEPT AS EXPRESSLY PROVIDED IN A WRITTEN CONTRACT WITH FORTIHOST, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY. WE DO NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE.

12. Limitation of Liability

To the maximum extent permitted by law, FortiHost and its affiliates, officers, employees, agents, and licensors shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages — including loss of profits, revenue, data, goodwill, or business opportunities — arising out of or related to your use of (or inability to use) the Services, even if advised of the possibility of such damages.

FortiHost's total cumulative liability for any claim arising from or related to these Terms or the Services shall not exceed the total fees paid by you to FortiHost in the twelve (12) months preceding the event giving rise to the claim, or one hundred U.S. dollars ($100), whichever is greater.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

13. Indemnification

You agree to defend, indemnify, and hold harmless FortiHost and its affiliates, officers, employees, agents, and licensors from any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of any law or third-party right; or (d) Customer Data you provide.

14. Termination

14.1 By You

You may stop using the Services at any time. Termination of paid Services is governed by your specific service contract.

14.2 By Us

We may suspend or terminate your access to the Services at any time, with or without cause and with or without notice, including (without limitation) if you breach these Terms, fail to pay fees, or use the Services in a manner that we believe creates legal or operational risk.

14.3 Effect of Termination

Upon termination, your right to access and use the Services ends immediately. Sections of these Terms that by their nature should survive termination (such as ownership, disclaimers, limitation of liability, indemnification, governing law) will remain in effect.

15. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the State of Texas, USA, without regard to conflict-of-law principles. The federal and state courts located in Tarrant County, Texas shall have exclusive jurisdiction over any dispute arising from or related to these Terms or the Services, and you consent to the personal jurisdiction of such courts.

Before filing any formal legal action, you agree to first contact us at [email protected] in good faith to attempt to resolve the dispute informally.

16. Changes to These Terms

We may revise these Terms from time to time. When we do, we will update the "Last Updated" date above. Material changes will be communicated through reasonable means (such as email or a notice on our website). Continued use of the Services after changes take effect constitutes acceptance of the revised Terms.

17. General Provisions

17.1 Entire Agreement

These Terms, together with our Privacy Policy and any individual service contracts you have with us, constitute the entire agreement between you and FortiHost regarding the Services.

17.2 Severability

If any provision of these Terms is held to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

17.3 No Waiver

FortiHost's failure to enforce any right or provision of these Terms is not a waiver of that right or provision.

17.4 Assignment

You may not assign or transfer these Terms or any rights under them without our prior written consent. We may assign these Terms freely, including in connection with a merger, acquisition, or sale of assets.

17.5 Force Majeure

Neither party shall be liable for any failure or delay in performance caused by circumstances beyond its reasonable control, including but not limited to natural disasters, war, terrorism, civil unrest, governmental action, internet or telecommunications failures, or pandemics.

18. Contact Us

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