Terms and Conditions of Use — FortressDMS
Version 1.0 | Last updated: July 27, 2026
1. Acceptance of Terms. By checking the acceptance box and/or by accessing or using FortressDMS (the “Software”), a service provided by Fortress Data Management Solutions (“Company,” “we,” “us”), you (“User”) agree to be bound by these Terms and Conditions (“Terms”). If you do not agree, do not access or use the Software.
2. Trial and Evaluation Use. Any trial, evaluation, or subscription access is provided at Company’s discretion and may be modified, suspended, or terminated at any time. Trial users are provisioned within a shared demonstration environment; Company makes no commitment regarding retention of trial data.
3. “AS IS” — No Warranty. THE SOFTWARE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT DEFECTS WILL BE CORRECTED.
4. No Guarantee of Results or Accuracy. The Software may contain errors, bugs, or inaccuracies. Company makes no guarantee, representation, or warranty regarding the accuracy, reliability, completeness, or timeliness of any data, output, alert, notification, or functionality produced by the Software. User is solely responsible for verifying any information before relying on it, and shall not rely on the Software as the sole basis for any safety, security, life-safety, compliance, or emergency decision.
5. Hold Harmless / Indemnification. User agrees to defend, indemnify, and hold harmless Company, its officers, directors, employees, affiliates, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to User’s use of the Software, including any software error, defect, downtime, data loss, or failure of any feature to perform as expected.
6. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO THE SOFTWARE OR THESE TERMS, WHETHER BASED IN CONTRACT, TORT, OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL COMPANY’S TOTAL AGGREGATE LIABILITY EXCEED THE AMOUNT PAID BY USER TO COMPANY IN THE THREE (3) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED U.S. DOLLARS ($100), WHICHEVER IS GREATER.
7. User Responsibilities. User is responsible for maintaining the confidentiality of account credentials and for all activity under their account, and for complying with all applicable laws in their use of the Software.
8. Modifications. Company may revise these Terms at any time. Continued use after changes constitutes acceptance of the revised Terms. Material changes will increment the Terms version and may require re-acceptance.
9. Governing Law. These Terms are governed by the laws of the State of Missouri, without regard to conflict-of-law principles.
10. Entire Agreement. These Terms constitute the entire agreement between User and Company regarding the Software and supersede all prior agreements.
Version 1.0 | Last updated: July 27, 2026