Terms of Use

1.Acceptance of Terms

By accessing or using the Fortitron Website or Services, you agree to be bound by these Terms of Use and our Privacy Policy.

If you are accessing the Website or Services on behalf of a company, governmental entity, or other organization, you represent and warrant that you have authority to bind that organization to these Terms.

If you do not agree with these Terms, you must immediately discontinue use of the Website and Services.

2.Definitions

For purposes of these Terms, the following definitions apply.

"Fortitron"

"Fortitron," "we," "our," or "us" means Fortitron and its affiliates, officers, employees, contractors, consultants, successors, and assigns.

"Website"

The Fortitron website and all associated webpages, applications, portals, subdomains, and online platforms operated by Fortitron.

"Services"

Services include all products and services offered by Fortitron, whether currently available or introduced in the future, including:

• Engineering consulting
• DFMEA
• PFMEA
• FMECA
• Engineering Risk Assessments
• Product Robustness Reviews
• Design Reviews
• Technical Training
• AI-powered engineering tools
• Software platforms
• Client portals
• Digital downloads
• Educational resources
• Speaking engagements
• Webinars
• Engineering templates

"Client"

Any individual or organization that engages Fortitron to perform professional services.

"User"

Any individual who visits, accesses, browses, downloads information from, communicates with, or otherwise uses the Website or Services.

"Engineering Information"

Engineering drawings, CAD models, specifications, requirements, calculations, FMEAs, reports, software, manufacturing documentation, test results, reliability analyses, trade secrets, technical documentation, and related engineering information.

"Confidential Information"

Non-public information disclosed by either party that is identified as confidential or that reasonably should be understood to be confidential based upon its nature.

"Deliverables"

Reports, presentations, analyses, recommendations, templates, software, training materials, engineering documentation, AI-generated outputs, or other work product created by Fortitron.

"AI Services"

Any artificial intelligence, machine learning, automation, expert systems, large language models, or software tools provided by Fortitron now or in the future.

3.Eligibility

The Website and Services are intended for use by individuals who are at least eighteen (18) years of age.

By using the Website or Services, you represent that you:

• are at least eighteen (18) years old;
• have the legal authority to enter into binding agreements;
• will comply with all applicable laws;
• will use the Website only for lawful purposes.

If you are using the Website on behalf of an organization, you further represent that you have authority to bind that organization to these Terms.

4.Changes to these Terms

Fortitron may revise these Terms at any time to reflect changes in our Services, technologies, business practices, or legal obligations.

Updated Terms become effective upon posting to the Website unless otherwise stated.

Your continued use of the Website or Services after revised Terms become effective constitutes acceptance of the updated Terms.

5.Professional Engineering Services Disclaimer

Fortitron provides professional engineering consulting services intended to assist clients in evaluating engineering risks, improving product robustness, supporting engineering decision-making, and enhancing engineering processes.

Unless expressly agreed in writing:

• Fortitron does not assume responsibility for the design, manufacture, certification, operation, maintenance, or regulatory compliance of any product.
• Engineering analyses, DFMEAs, PFMEAs, FMECAs, design reviews, recommendations, and reports represent professional opinions based on the information available at the time the Services are performed.
• Final engineering decisions remain solely the responsibility of the Client.
• Clients are responsible for independently evaluating and implementing any recommendations provided by Fortitron.

Nothing contained in the Website or Services shall be interpreted as guaranteeing product performance, certification approval, regulatory compliance, safety, or freedom from defects.

6.No Engineer-Client Relationship

Accessing the Website, downloading resources, attending webinars, reading technical articles, exchanging emails, participating in meetings, or communicating with Fortitron does not, by itself, create an engineer-client relationship.

An engineer-client relationship exists only after:

• both parties execute a written agreement;
• the scope of services is defined;
• Fortitron accepts the engagement.

Until that time, Fortitron assumes no professional duty to provide engineering services, advice, or recommendations.

7.Website Use

Subject to these Terms, Fortitron grants Users a limited, non-exclusive, non-transferable, revocable license to access and use the Website solely for lawful business purposes.

Users may not:

• modify Website content;
• reproduce Website materials;
• create derivative works;
• reverse engineer Website functionality;
• interfere with Website operation;
• attempt unauthorized access to systems;
• use automated scraping tools without written permission;
• use Website content for commercial resale.

Fortitron reserves the right to suspend or terminate Website access at any time without notice for violations of these Terms.

8.Acceptable Use

Users agree to access and use the Website and Services only for lawful purposes and in a manner consistent with these Terms.

Users shall not:

• Violate any applicable law, regulation, or governmental order.
• Attempt to gain unauthorized access to Fortitron's systems, servers, networks, or accounts.
• Introduce viruses, malware, ransomware, or other malicious code.
• Interfere with the operation, security, or availability of the Website.
• Use automated tools, bots, crawlers, or scrapers to access the Website without Fortitron's prior written consent.
• Circumvent or disable security features.
• Impersonate another person or organization.
• Submit false or misleading information.
• Use the Website to infringe upon the intellectual property rights of others.
• Upload or transmit confidential information belonging to another party without proper authorization.
• Use the Website or Services in any manner that could damage Fortitron's reputation or interfere with other users.

Fortitron reserves the right to suspend or terminate access to the Website or Services for any violation of these Terms.

9.Consulting Engagements

Fortitron provides professional engineering consulting services only pursuant to a written agreement executed by both parties.

Consulting services may include, but are not limited to:

• Design Failure Mode and Effects Analysis (DFMEA)
• Process Failure Mode and Effects Analysis (PFMEA)
• Failure Modes, Effects and Criticality Analysis (FMECA)
• Engineering Risk Assessments
• Product Robustness Reviews
• Engineering Design Reviews
• Engineering Process Development
• Technical Training
• AI-assisted engineering analyses
• Other engineering consulting services

The specific scope, deliverables, schedule, fees, assumptions, responsibilities, limitations, and acceptance criteria for each engagement shall be governed by the applicable Master Consulting Services Agreement ("MSA"), Statement of Work ("SOW"), proposal, purchase order accepted by Fortitron, or other written agreement.

Order of Precedence

In the event of any conflict or inconsistency between these Terms and any separately executed agreement governing a specific engagement, the documents shall control in the following order of precedence, unless expressly stated otherwise in writing:

• 1. The applicable Statement of Work (SOW);
• 2. The applicable Master Consulting Services Agreement (MSA);
• 3. Any applicable Non-Disclosure Agreement (NDA);
• 4. Any executed proposal, quotation, or other written agreement expressly incorporated into the engagement; and
• 5. These Terms of Use.

To the extent a conflict exists, the higher-priority document shall govern only with respect to the subject matter addressed by that document, and all remaining provisions shall continue in full force and effect.

Nothing contained in these Terms shall modify or diminish any confidentiality, intellectual property, export control, or payment obligations expressly agreed to by the parties in a separately executed written agreement.

10.Engineering Advice Disclaimer

Information presented on the Website, in technical articles, presentations, webinars, training materials, white papers, newsletters, downloadable resources, AI-generated content, or other publications is provided solely for general informational and educational purposes.

Such information:

• does not constitute engineering advice for any specific product or application;
• should not be relied upon as the sole basis for engineering decisions;
• is not a substitute for independent engineering judgment;
• may not address all applicable design, manufacturing, certification, operational, or regulatory considerations.

Engineering recommendations provided by Fortitron are based upon the information available at the time the Services are performed.

Clients remain solely responsible for:

• product design;
• engineering decisions;
• safety assessments;
• regulatory compliance;
• certification activities;
• manufacturing decisions;
• testing;
• product validation;
• operational use of products.

Fortitron expressly disclaims responsibility for decisions made by clients or third parties based upon Website content or consulting recommendations.

11.Intellectual Property

Unless otherwise expressly agreed in writing, the Website, Services, and all related content are owned by Fortitron or its licensors and are protected by United States and international intellectual property laws.

Fortitron's intellectual property includes, without limitation:

• trademarks;
• trade names;
• logos;
• graphics;
• software;
• source code;
• engineering methodologies;
• templates;
• reports;
• presentations;
• technical papers;
• training materials;
• videos;
• webinars;
• educational content;
• AI models;
• AI prompts;
• engineering databases;
• downloadable resources;
• documentation.

Except as expressly permitted in writing, Users may not:

• reproduce;
• distribute;
• modify;
• translate;
• publicly display;
• publicly perform;
• create derivative works from;
• reverse engineer;
• commercially exploit;
• license;
• sell;
• or otherwise use Fortitron intellectual property.

Nothing contained within the Website or Services transfers ownership of Fortitron intellectual property to any User or Client.

12.Confidential Information

During consulting engagements, either party may disclose Confidential Information.

Each party agrees to:

• protect Confidential Information using reasonable care;
• use Confidential Information solely for purposes of the engagement;
• limit disclosure to personnel with a legitimate business need to know;
• prevent unauthorized access or disclosure.

Confidential Information includes, without limitation:

• engineering drawings;
• CAD models;
• Bills of Material;
• requirements;
• source code;
• manufacturing documentation;
• test reports;
• DFMEAs;
• PFMEAs;
• FMECAs;
• engineering calculations;
• software;
• product roadmaps;
• trade secrets;
• business strategies;
• customer lists;
• pricing information;
• technical reports.

Confidential Information does not include information that:

• becomes publicly available without breach of these Terms;
• was already lawfully known;
• is independently developed without reference to the confidential information;
• is lawfully obtained from another source without confidentiality restrictions.

Where a separate Non-Disclosure Agreement ("NDA") exists, the NDA shall govern the treatment of Confidential Information to the extent of any conflict.

13.Artificial Intelligence Services

Fortitron may develop or provide AI-assisted engineering services, software, automation tools, expert systems, or machine learning technologies.

AI-generated outputs are intended to assist qualified engineering professionals and are not intended to replace professional engineering judgment.

Unless otherwise agreed in writing:

• AI-generated recommendations should be independently reviewed by qualified personnel.
• Clients remain responsible for validating engineering decisions.
• AI-generated analyses may contain inaccuracies, omissions, or assumptions based upon available information.
• Fortitron does not warrant that AI-generated outputs are complete, error-free, or suitable for every application.

Client Confidential Information submitted to AI-enabled Services will be handled in accordance with the Privacy Policy, applicable consulting agreements, and any separate AI service terms.

Fortitron will not knowingly use Client Confidential Information to train publicly available artificial intelligence models without the Client's prior written authorization.

14.User Content

Users may voluntarily submit information to Fortitron, including inquiries, feedback, comments, engineering questions, proposals, resumes, or other materials ("User Content").

By submitting User Content, you represent and warrant that:

• you have the legal right to provide such information;
• the information does not infringe the rights of any third party;
• the information does not contain unlawful, defamatory, or malicious content.

Except for Confidential Information submitted pursuant to a consulting engagement, you grant Fortitron a non-exclusive, worldwide, royalty-free license to use, reproduce, store, and process User Content as reasonably necessary to respond to your inquiry, provide requested services, improve our business operations, or comply with applicable law.

Fortitron reserves the right, but not the obligation, to remove or decline to use any User Content that violates these Terms or applicable law.

15.Third-Party Services

The Website and Services may include links to or integrate with third-party products, software, platforms, applications, or websites, including cloud hosting providers, video conferencing platforms, payment processors, customer relationship management (CRM) systems, analytics providers, mapping services, artificial intelligence providers, and other business tools.

Fortitron does not own or control these third-party services and is not responsible for:

• their availability;
• their functionality;
• their privacy practices;
• their security;
• their accuracy;
• their terms of use;
• their business practices.

Your use of third-party services is governed solely by the terms and privacy policies of those third parties.

The inclusion of a third-party service or link does not constitute an endorsement or recommendation by Fortitron unless expressly stated.

16.Payment Terms

Payment terms for consulting engagements shall be governed by the applicable proposal, quotation, Statement of Work (SOW), Master Consulting Services Agreement (MSA), invoice, or other written agreement between Fortitron and the Client.

Unless otherwise agreed in writing:

• invoices are due within thirty (30) days of the invoice date;
• late payments may accrue interest at the lesser of one and one-half percent (1.5%) per month or the maximum rate permitted by applicable law;
• Clients are responsible for reasonable collection costs, including attorneys' fees and court costs, incurred in collecting overdue amounts.

Fortitron reserves the right to suspend or terminate Services for undisputed invoices that remain unpaid beyond the applicable payment terms.

Taxes, duties, governmental fees, and similar charges are the responsibility of the Client unless otherwise expressly stated in writing.

17.Warranty Disclaimer

THE WEBSITE, SERVICES, DELIVERABLES, SOFTWARE, TRAINING MATERIALS, AI SERVICES, ENGINEERING ANALYSES, REPORTS, AND ALL OTHER INFORMATION PROVIDED BY FORTITRON ARE PROVIDED "AS IS" AND "AS AVAILABLE."

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FORTITRON DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION:

• MERCHANTABILITY;
• FITNESS FOR A PARTICULAR PURPOSE;
• NON-INFRINGEMENT;
• TITLE;
• ACCURACY;
• COMPLETENESS;
• RELIABILITY;
• AVAILABILITY;
• SECURITY;
• ERROR-FREE OPERATION.

Fortitron does not warrant that:

• the Website will always be available;
• Services will be uninterrupted;
• software will be error-free;
• AI-generated outputs will be complete or accurate;
• engineering recommendations will eliminate all product risks;
• engineering analyses will identify every possible failure mode or hazard.

Engineering risk assessment methodologies, including DFMEA, PFMEA, and FMECA, are recognized engineering tools that support informed decision-making but cannot identify every potential risk or guarantee product performance.

18.Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FORTITRON SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• loss of profits;
• loss of revenue;
• loss of business opportunities;
• business interruption;
• loss of goodwill;
• loss of data;
• loss of use;
• product recalls;
• manufacturing delays;
• certification delays;
• redesign costs;
• retooling costs;
• remanufacturing costs;
• warranty claims;
• third-party claims.

This limitation applies regardless of the legal theory asserted, whether based upon contract, tort, negligence, strict liability, warranty, or otherwise.

To the fullest extent permitted by law, Fortitron's aggregate liability arising from any claim related to the Website or Services shall not exceed the total amount actually paid by the Client to Fortitron for the specific Services giving rise to the claim during the twelve (12) months immediately preceding the event giving rise to the claim.

Nothing contained herein limits liability that cannot legally be limited under applicable law.

19.Indemnification

You agree to defend, indemnify, and hold harmless Fortitron and its officers, directors, employees, contractors, consultants, affiliates, successors, and assigns from and against any claims, liabilities, damages, losses, judgments, settlements, penalties, fines, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• your violation of these Terms;
• your misuse of the Website or Services;
• your violation of applicable law;
• your infringement of another party's intellectual property rights;
• information you submit to Fortitron;
• products or services developed, manufactured, sold, certified, or operated by you or on your behalf.

20.Export Compliance

Certain Fortitron Services, software, technical information, engineering analyses, documentation, or deliverables may be subject to United States export control laws and regulations, including the Export Administration Regulations (EAR), the International Traffic in Arms Regulations (ITAR), and applicable sanctions administered by the Office of Foreign Assets Control (OFAC).

Users and Clients agree to comply with all applicable export control laws and shall not export, re-export, transfer, disclose, or provide access to controlled technical information in violation of applicable law.

Where required, Clients remain responsible for identifying export-controlled information before providing such information to Fortitron and for obtaining any required governmental approvals.

21.Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Connecticut, without regard to its conflict of law principles.

The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.

22.Dispute Resolution

The parties shall first attempt in good faith to resolve any dispute arising out of or relating to these Terms through informal negotiations.

If a dispute cannot be resolved through negotiation within thirty (30) days, either party may pursue mediation before a mutually agreed mediator located in the State of Connecticut.

If mediation is unsuccessful, the dispute shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules then in effect.

Unless otherwise agreed by the parties:

• arbitration shall take place in New Haven County, Connecticut;
• arbitration shall be conducted in the English language;
• the arbitrator shall have experience with commercial or engineering-related disputes.

Nothing in this section prevents either party from seeking temporary or preliminary injunctive relief from a court of competent jurisdiction to protect confidential information, intellectual property, or other rights pending arbitration.

23.Class Action Waiver

To the fullest extent permitted by applicable law, each party agrees that any dispute shall be resolved solely on an individual basis.

Neither party shall participate as a plaintiff or class member in any purported class action, consolidated action, representative action, or collective proceeding arising out of these Terms.

If any portion of this Class Action Waiver is determined to be unenforceable, the remaining provisions shall remain in full force and effect to the maximum extent permitted by law.

24.Miscellaneous

These Terms constitute the entire agreement governing use of the Website except where superseded by a separately executed written agreement between Fortitron and the applicable Client.

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Fortitron's failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.

These Terms may not be assigned by a User without Fortitron's prior written consent. Fortitron may assign these Terms in connection with a merger, acquisition, corporate reorganization, or sale of substantially all of its assets.

Section headings are provided for convenience only and shall not affect interpretation.

The provisions relating to confidentiality, intellectual property, payment obligations, indemnification, warranty disclaimers, limitation of liability, dispute resolution, governing law, and any provisions which by their nature should survive shall survive termination of these Terms.

25.Contact Information

Questions regarding these Terms of Use should be directed to:

Fortitron

• 82 Crown Street
• New Haven, Connecticut 06510
• United States