Terms of service.

These Terms of Service ("Terms") govern your access to and use of the services provided by Fortress MSSP LLC ("Fortress MSSP," "we," "us," or "our"), a limited liability company organized under the laws of the State of New York. By engaging Fortress MSSP for any service, or by requesting a proposal or assessment, you agree to be bound by these Terms.

Fortress MSSP provides professional cybersecurity and managed network services, including but not limited to:

• Enterprise network infrastructure design, deployment, and management (including Cisco, Meraki, SD-WAN, and fiber optic solutions)
• Network monitoring and management within the scope and coverage hours of a written service agreement
• Network penetration testing conducted in accordance with PTES and OWASP methodologies
• Advanced web application security assessments
• Architecture hardening, zero-trust design, and remediation consulting
• Post-assessment reporting, risk assessment matrices, and compliance documentation

All services are delivered pursuant to a separate, signed Statement of Work (SOW) or Service Agreement, which defines the specific scope, deliverables, timeline, and fees applicable to each engagement. These Terms apply to all such engagements and supplement any SOW or Service Agreement.

By engaging Fortress MSSP, you represent, warrant, and agree to the following:

Authorization

You have the legal authority to authorize all testing, assessment, and access activities described in the applicable SOW. You confirm that all systems, networks, applications, and infrastructure included within the engagement scope are owned by you or that you have obtained explicit written authorization from the owner(s) to permit security testing. Unauthorized testing of systems you do not own or control is strictly prohibited and may constitute a violation of the Computer Fraud and Abuse Act (CFAA) and other applicable laws.

Accurate Scope Definition

You are responsible for providing a complete and accurate definition of the engagement scope prior to commencement of work. Any systems, assets, or environments not explicitly included in the agreed scope are out of scope. Fortress MSSP will not be liable for impacts arising from inaccurate, incomplete, or ambiguous scope definitions provided by the client.

Cooperation and Access

You will provide timely access to systems, personnel, documentation, and facilities as reasonably required for service delivery. Delays caused by failure to provide necessary access may affect engagement timelines and deliverable dates.

Compliance with Laws

You are responsible for ensuring that your use of Fortress MSSP services complies with all applicable federal, state, and local laws, including any industry-specific regulations (e.g., HIPAA, PCI DSS, GLBA).

Fortress MSSP provides professional security and network services based on industry best practices, established methodologies, and the information available at the time of engagement. You acknowledge and agree that:

• No security assessment can guarantee the identification of every vulnerability or weakness present in a system or network.
• Penetration test results reflect the state of the environment at the time of testing and may not reflect vulnerabilities introduced after the engagement concludes.
• Remediation of identified vulnerabilities is the sole responsibility of the client. Fortress MSSP does not warrant that following remediation recommendations will prevent all future security incidents.
• Fortress MSSP makes no warranties beyond those expressly set forth in a signed written agreement.

ALL SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" EXCEPT AS EXPRESSLY SET FORTH IN A SIGNED WRITTEN AGREEMENT. FORTRESS MSSP DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• Fortress MSSP LLC's total aggregate liability to you for any claims arising out of or relating to these Terms or any engagement shall not exceed the total fees paid by you for the specific service giving rise to the claim in the three (3) months preceding the event giving rise to liability.
• Fortress MSSP shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, loss of data, business interruption, or loss of goodwill, even if advised of the possibility of such damages.
• These limitations apply regardless of the theory of liability, whether based in contract, tort (including negligence), strict liability, or otherwise.

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law.

Both parties acknowledge that in the course of an engagement each may receive confidential and proprietary information belonging to the other party. Each party agrees to hold such information in confidence, use it solely for purposes of the engagement, and not disclose it to any third party without prior written consent, except as required by law. This obligation survives termination of any engagement for a period of three (3) years.

All methodologies, tools, frameworks, and proprietary processes used by Fortress MSSP remain the intellectual property of Fortress MSSP LLC. Deliverables produced for a client engagement (such as penetration test reports and remediation roadmaps) are licensed to the client for internal use upon full payment of applicable fees.

All content on fortressmssp.com, including text, design, and branding, is the exclusive property of Fortress MSSP LLC and may not be reproduced, distributed, or used without express written permission.

These Terms and any engagement governed by them shall be construed and enforced in accordance with the laws of the State of New York, without regard to its conflict of law principles. You consent to the exclusive jurisdiction and venue of the state and federal courts located in New York County, New York for any disputes arising under these Terms.

In the event of a dispute, controversy, or claim arising out of or relating to these Terms or any engagement, the parties agree to first attempt to resolve the matter through good-faith negotiation. Either party may initiate this process by providing written notice to the other party describing the dispute in reasonable detail.

If the dispute is not resolved through negotiation within thirty (30) days of the initial written notice, either party may pursue any available legal remedies in a court of competent jurisdiction in New York County, New York.

Fortress MSSP reserves the right to update these Terms at any time. Changes will be posted on this page with an updated "Last updated" date. For active engagement clients, material changes will be communicated via email. Continued use of our services following any changes constitutes acceptance of the revised Terms.

Questions regarding these Terms of Service should be directed to: