Terms and Conditions

These Terms and Conditions constitute a legally binding agreement between you and Fortivex governing your use of our cybersecurity training services, educational programs, and online platform. By accessing our website or enrolling in our courses, you acknowledge that you have read, understood, and agree to be bound by these terms.

If you do not agree to these Terms and Conditions, you must discontinue use of our services immediately. We reserve the right to modify these terms at any time, and your continued use following any changes indicates acceptance of the modified terms.

1. Binding Agreement

By using our services, you enter into a binding legal agreement with Fortivex. This agreement governs all aspects of your relationship with our organization, including but not limited to course enrollment, platform usage, intellectual property rights, and dispute resolution procedures.

You represent and warrant that you have the legal capacity to enter into this agreement and are at least 18 years of age. If accessing our services on behalf of an organization, you represent that you have the authority to bind that entity to these terms.

These Terms and Conditions supplement and incorporate by reference our Privacy Policy, Cookie Policy, and any additional agreements specific to particular courses or programs.

2. User Obligations and Conduct

2.1 Legal Compliance

You agree to comply with all applicable laws and regulations when using our services. This includes, but is not limited to:

• Adhering to cybersecurity laws and ethical hacking guidelines

• Respecting intellectual property rights and licensing agreements

• Complying with data protection and privacy regulations

• Following computer fraud and abuse statutes

• Observing export control and international trade restrictions

2.2 Ethical Conduct Requirements

As a cybersecurity training organization, we emphasize ethical conduct. You agree to:

• Use security knowledge and skills only for lawful and authorized purposes

• Respect the confidentiality of information learned during courses

• Maintain professional standards when interacting with instructors and peers

• Report suspected security vulnerabilities through appropriate channels

• Avoid actions that could harm our platform, other users, or third parties

2.3 Content Guidelines

When contributing content to our platform through forums, assignments, or communications, you must ensure all content is appropriate, respectful, and complies with these terms. Content that is unlawful, defamatory, harassing, discriminatory, or infringes on others' rights is strictly prohibited.

2.4 Academic Integrity

You are expected to maintain academic integrity in all coursework. This includes completing assignments independently unless collaboration is explicitly authorized, properly attributing sources and references, and refraining from plagiarism or academic dishonesty. Violations may result in course failure and account termination.

3. Indemnification

You agree to indemnify, defend, and hold harmless Fortivex, its officers, directors, employees, instructors, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from or related to:

1. Your use or misuse of our services and platform

2. Your violation of these Terms and Conditions

3. Your violation of any rights of third parties

4. Your violation of applicable laws or regulations

5. Misuse of security tools or knowledge gained through our training

This indemnification obligation survives termination of your relationship with Fortivex.

4. Disclaimers and Limitation of Liability

4.1 Disclaimer of Warranties

Our services are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied. To the fullest extent permitted by law, we disclaim all warranties, including but not limited to:

• Implied warranties of merchantability and fitness for a particular purpose

• Warranties regarding the accuracy, reliability, or completeness of content

• Warranties that our services will be uninterrupted or error-free

• Warranties regarding specific educational outcomes or career advancement

4.2 Limitation of Liability

To the maximum extent permitted by applicable law, Fortivex shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from:

• Your access to or use of (or inability to access or use) our services

• Any conduct or content of third parties on our platform

• Unauthorized access, use, or alteration of your content

• Application of skills or knowledge gained through our training

Our total liability to you for all claims arising from or related to these terms or our services shall not exceed the amount you paid to Fortivex in the twelve months preceding the claim.

4.3 Consequential Damages Exclusion

We expressly disclaim liability for any consequential damages arising from your use of our services, including but not limited to employment outcomes, certification results, career progression, or application of security concepts in professional contexts. Educational outcomes depend on numerous factors beyond our control, and we make no guarantees regarding specific results.

4.4 Force Majeure

We shall not be liable for any delay or failure to perform obligations under these terms resulting from circumstances beyond our reasonable control, including natural disasters, acts of government, pandemics, telecommunications failures, cyberattacks, or other force majeure events.

5. Legal Information and Dispute Resolution

5.1 Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of Japan, without regard to its conflict of law provisions. Any legal action or proceeding arising under these terms shall be brought exclusively in the courts located in Tokyo, Japan.

5.2 Dispute Resolution Process

In the event of any dispute arising from these terms or our services, the parties agree to:

1. First attempt to resolve the dispute through good-faith negotiations

2. Engage in mediation if negotiations are unsuccessful

3. Pursue formal legal proceedings only after exhausting alternative dispute resolution

5.3 Jurisdiction and Venue

You consent to the personal jurisdiction of the courts located in Tokyo, Japan, for any actions related to these terms. You waive any objections to venue in such courts and agree not to assert that such courts are an inconvenient forum.

5.4 Severability

If any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the parties' original intent.

5.5 Entire Agreement

These Terms and Conditions, together with our Privacy Policy and any additional course-specific agreements, constitute the entire agreement between you and Fortivex regarding our services and supersede all prior or contemporaneous understandings and agreements, whether written or oral.

6. Modifications to Terms

We reserve the right to modify these Terms and Conditions at any time to reflect changes in our services, legal requirements, or business practices. Material changes will be communicated through our website or direct notification to enrolled participants. The "Last Updated" date at the top of this document indicates when these terms were most recently revised.

Your continued use of our services following any modifications constitutes your acceptance of the revised terms. If you do not agree to the modified terms, you must discontinue use of our services.

7. Assignment and Transfer

You may not assign, transfer, or sublicense your rights or obligations under these Terms and Conditions without our prior written consent. We may assign our rights and obligations under these terms to any affiliate or in connection with a merger, acquisition, restructuring, or sale of assets without restriction.

8. Waiver

Our failure to enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. Any waiver of any provision of these terms will be effective only if in writing and signed by an authorized representative of Fortivex.