These Terms & Conditions govern access to and use of the Fortal platform. They form a binding agreement between you and Fortal Virtual Workspaces. Read them together with the Privacy Policy and Cookie Policy, which are incorporated by reference.
Acceptance and entry
By creating an account, or by accessing or proceeding through any meeting, workspace, file, or other link that resolves to the Service — and, where presented, by selecting "I accept" in relation to these Terms and the Privacy Policy — you acknowledge that you have read, understood, and agree to be bound by them. If you do not agree, do not access or use the Service.
Acceptance is required of every person who accesses the Service in any capacity, whether or not they hold an account, and occurs before entry to any meeting, workspace, or file. Continued use constitutes ongoing acceptance, including of any updated version of these Terms.
Supplemental terms, order forms, or policies that may be presented from time to time are incorporated into these Terms by reference when you accept or use the relevant part of the Service.
Definitions
- "Service"
- means the Fortal platform and all associated websites, applications, workspaces, meetings, features, tooling, and outputs made available by us, as they may change over time.
- "We", "us", "our"
- means Fortal Virtual Workspaces, a company registered in the Ras Al Khaimah Economic Zone (RAKEZ), United Arab Emirates, at RAKEZ Business Zone, Compass Building, Al Shohada Road, Al Nakheel.
- "Account Holder"
- means the person or entity in whose name an account is registered and who is responsible for that account.
- "User"
- means any person who accesses or uses the Service through an account.
- "Participant"
- means any person who accesses or is present within any meeting, workspace, session, or file made available through the Service, including any person invited or admitted by an Account Holder or User, and including persons who do not themselves hold an account.
- "Data"
- has the meaning given in the Privacy Policy and includes, without limitation, any information, content, communications, media, activity, and technical signals exposed to, entered into, generated by, transmitted through, observed within, or derived from the Service by any means.
- "Your Content"
- means Data that you or your Participants submit, upload, create, or transmit through the Service.
Eligibility and capacity
By accessing the Service you represent and warrant that you are at least 18 years of age, or that you are the parent or legal guardian of a minor and consent on that minor's behalf and accept responsibility for their use. The Service is not directed to, and may not be used by, persons under 18 except through, and under the supervision of, a consenting parent or guardian.
If you accept these Terms on behalf of an entity, you represent that you have authority to bind that entity, and "you" refers to that entity.
Accounts and security
You are responsible for maintaining the confidentiality of any credentials associated with your account and for all activity that occurs under it. You are solely liable for any use of your account by you or by any other person or entity, including any resulting claims, damages, losses, costs, or liabilities, whether or not that use occurred with your knowledge or consent, and regardless of negligence.
Where a person uses the Service through another person's account, we may treat the associated Data as belonging to, and the responsibility of, the Account Holder of that account. You must notify us promptly of any suspected unauthorised access to your account.
Account Holder responsibilities and consents
The Service enables an Account Holder to invite, admit, or bring other persons into meetings, workspaces, sessions, and files. Where you do so, you are responsible for those Participants and for your use of the Service in respect of them. You acknowledge and agree that:
- it is your responsibility to inform your Participants, employees, contractors, personnel, and any other users you introduce to the Service of the nature and purpose of the Service, including the scope of Data that may be collected, stored, processed, transmitted, transformed, and used through it;
- you represent and warrant that you have the authority, and have obtained all notices, permissions, consents, and legal bases, required under applicable law for those persons to access and use the Service and for the associated Data to be processed as described in these Terms and the Privacy Policy;
- any access to or use of the Service by a Participant or agent you introduce, and any act or omission by them, is deemed to be your act or omission, and any breach of these Terms by them is deemed a breach by you; and
- you are responsible for determining whether your use of the Service complies with the laws applicable to you and to your Participants, including laws on recording, monitoring, employment, and data protection.
Because access to any meeting, workspace, or file requires acceptance of these Terms and the Privacy Policy before entry, each Participant is on notice of, and accepts, the processing described in Section 6 and the Privacy Policy as a condition of entry.
Recording, monitoring, and insights
The Service may collect, store, process, transform, and otherwise handle Data arising from your use of it in order to operate the Service and to generate, enrich, and present insights, analytics, and related outputs. The categories of Data and the purposes for which they are processed are described in the Privacy Policy, which forms part of these Terms.
By accepting these Terms and the Privacy Policy as a condition of entry to any meeting, workspace, session, or file, each User and Participant acknowledges and agrees to such collection, storage, processing, transformation, and use of Data.
We do not build biometric identifiers or perform biometric identification of individuals through the Service. Where you enable any feature that could involve such processing, you are responsible for the additional notices, consents, and obligations that may apply.
Acceptable use
You must not use the Service, and must not permit any Participant to use it, to:
- violate any applicable law or regulation, or infringe or misappropriate the rights of any person, including intellectual property, privacy, and publicity rights;
- upload, transmit, generate, or host unlawful, infringing, harmful, or malicious content, including malware, or to gain or attempt unauthorised access to any system, network, container, or data;
- interfere with, disrupt, degrade, probe, or circumvent the security, integrity, or performance of the Service or any underlying infrastructure, or the integrity of workspaces or tenants;
- use the Service to harass, defraud, deceive, or harm others, or to conduct unlawful surveillance; or
- resell, sublicense, or make the Service available to third parties except as expressly permitted.
We may investigate suspected violations and may take any action we consider appropriate, including removing content and suspending or terminating access. You are responsible for all use of the Service that violates this Section, including such use by your Participants.
Your Content and licence
As between you and us, you retain such ownership rights as you hold in Your Content. You grant us a worldwide, non-exclusive, royalty-free, sublicensable licence to host, store, reproduce, process, transmit, transform, analyse, and otherwise use Your Content and Data to operate, maintain, secure, and improve the Service and to generate and provide insights and related outputs, and as further described in the Privacy Policy.
You represent and warrant that you have all rights, permissions, and consents necessary to submit Your Content and to grant this licence, and that Your Content and its processing through the Service do not violate any law or the rights of any person.
You may provide feedback or suggestions. You agree that we may use them for any purpose without obligation or compensation to you.
Third-party services and agents
The Service relies on, links to, or interoperates with third-party products, infrastructure, and processors, including those listed in the Privacy Policy. Such third-party services are governed by their own terms, and are made available to you on an "as is" and "as available" basis. We do not make any representation, warranty, or guarantee regarding them.
In the event of any default, failure, or improper performance by a third-party provider, you agree to pursue any claim directly against that provider, and we shall not be responsible or liable for the acts, omissions, or performance of any third party, except to the extent we would be liable under these Terms for performing the relevant service ourselves and only to the extent required by applicable law.
If you enable any third-party tool, agent, integration, or automated technology to access the Service on your behalf, you authorise and agree to be bound by the actions taken through it, you are responsible for those actions and any resulting costs, and we are not responsible for any consequence arising from them.
Fees and subscriptions
Certain features are provided for a fee. Applicable fees, billing cycles, and payment terms are as specified at purchase or in an applicable order. Fees are payable when due, and failure to pay may result in suspension or termination of access. Except as required by applicable law or expressly stated, fees are non-refundable.
Service availability and disclaimer of warranties
We use commercially reasonable efforts to make the Service available, but we do not guarantee uninterrupted, timely, secure, or error-free operation, and the Service may be modified, suspended, or discontinued in whole or in part at any time.
The Service, including all Data, insights, outputs, and third-party components, is provided on an "as is" and "as available" basis. To the maximum extent permitted by applicable law, we disclaim all warranties, conditions, and representations of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, availability, uninterrupted use, and security, and any warranty regarding isolation, containment, or the conduct of other users or Participants.
No advice or information obtained from the Service creates any warranty not expressly stated in these Terms.
Limitation of liability
To the maximum extent permitted by applicable law, we will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business, arising out of or relating to the Service, whether in contract, tort, or otherwise, even if advised of the possibility of such damages.
To the maximum extent permitted by applicable law, our total aggregate liability arising out of or relating to the Service and these Terms shall not exceed the total fees actually paid by you to us for the Service in the six (6) months immediately preceding the event giving rise to the liability. Your sole and exclusive remedy for dissatisfaction with the Service is to stop using it, and, where applicable, a refund of fees paid in that period shall be our maximum liability and your sole monetary remedy.
Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for fraud, wilful misconduct, gross negligence, death or personal injury caused by negligence, or any non-waivable statutory right.
Indemnification
You agree to indemnify, defend, and hold harmless Fortal Virtual Workspaces and its officers, directors, employees, and agents from and against any and all claims, actions, demands, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or relating to:
- your access to or use of the Service;
- Your Content and any Data you or your Participants submit, generate, or expose to the Service;
- any act, omission, access, or use by any Participant, agent, or other person you invite, admit, or introduce to the Service, or who uses your account;
- your breach of these Terms or violation of any law or third-party right, including any failure to provide notices to or obtain consents from your Participants; and
- any recording, monitoring, or processing of any person carried out through your use of the Service.
We may, at our option, assume the exclusive defence and control of any matter subject to indemnification, and you agree to cooperate. You will not settle any matter in a way that imposes obligations on us without our prior written consent.
Suspension and termination
We may suspend, restrict, or terminate your access to the Service, in whole or in part, at any time and, to the extent permitted by applicable law, for any reason, including suspected violation of these Terms, suspected unlawful, fraudulent, or harmful activity, risk to the Service or any third party, non-payment, or where required by law. Where practicable we will make reasonable efforts to provide notice, but we are not obliged to do so.
On termination, your right to use the Service ceases. Provisions that by their nature should survive — including Sections on content licence, disclaimers, limitation of liability, indemnification, governing law, and dispute resolution — survive termination. Handling of Data following termination is described in the Privacy Policy.
Changes
We may modify these Terms and the Service from time to time. Where changes are material, we will take reasonable steps to notify you, for example by posting an updated version with a new effective date. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms.
Governing law
These Terms and any dispute or claim arising out of or in connection with them, the Service, or their subject matter (including non-contractual disputes) are governed by, and construed in accordance with, the laws of the United Arab Emirates as applicable in the Emirate of Ras Al Khaimah, without regard to conflict-of-laws principles.
This choice of law does not deprive a consumer or data subject of the protection of mandatory provisions of the law of their country of residence where such protection cannot be derogated from by agreement.
Dispute resolution and class-action waiver
Any dispute, controversy, or claim arising out of or relating to these Terms or the Service, including its existence, validity, interpretation, performance, breach, or termination, shall be finally resolved by arbitration administered by the Dubai International Arbitration Centre (DIAC) in accordance with its rules, which are deemed incorporated by reference. The seat of arbitration shall be Ras Al Khaimah, United Arab Emirates, the language shall be English, and the tribunal shall consist of one arbitrator.
Nothing in this Section prevents either party from seeking urgent interim or injunctive relief from a competent court. This Section is intended to have effect to the fullest extent permitted by applicable law; enforceability of arbitration and waiver provisions varies by jurisdiction and may not apply to certain consumers.
General
Entire agreement. These Terms, together with the Privacy Policy, Cookie Policy, and any applicable order or supplemental terms, constitute the entire agreement between you and us regarding the Service and supersede prior agreements on that subject.
Severability. If any provision is held invalid or unenforceable, it shall be limited or severed to the minimum extent necessary, and the remaining provisions remain in full effect.
No waiver. Our failure to enforce any provision is not a waiver of it.
Assignment. You may not assign these Terms without our prior written consent. We may assign them, including in connection with a merger, acquisition, or sale of assets. We may use qualified subcontractors and sub-processors to provide the Service.
Force majeure. We are not liable for any failure or delay resulting from causes beyond our reasonable control.
Notices. We may provide notices through the Service or by other reasonable means.
Contact
Questions about these Terms may be directed to legal@fortal.io, Fortal Virtual Workspaces, RAKEZ Business Zone, Compass Building, Al Shohada Road, Al Nakheel, Ras Al Khaimah, United Arab Emirates.