Please read these Terms of Service carefully before using our website or engaging our services. By accessing our website or entering into a service agreement, you agree to be bound by these terms.
1. Definitions
In these Terms:
- "Company" means Fortyqon Technologies L.L.C., registered in the UAE at Office No. M-2 275, BN Complex, Al Muteena, Dubai, UAE
- "Client" means any individual or entity that engages our services or uses our website
- "Services" means AI development, cybersecurity, SaaS, blockchain, and custom software development services
- "Agreement" means these Terms together with any signed Statement of Work or Service Agreement
- "Deliverables" means any software, code, designs, documentation or other outputs created under a service engagement
2. Acceptance of Terms
By accessing our website at fortyqon.com, submitting an enquiry, or entering into a service agreement with us, you confirm that you have read, understood and agree to be bound by these Terms. If you do not agree, please do not use our website or services.
These Terms apply to all visitors, users and clients. We reserve the right to update these Terms at any time. Continued use of our website or services after changes constitutes acceptance.
3. Our Services
3.1 Scope of Services
Fortyqon provides technology services including but not limited to:
- Custom AI and machine learning development
- Cybersecurity assessments, architecture and implementation
- SaaS and enterprise software development
- Blockchain and Web3 application development
- Mobile and web application development
- Technology consulting and architecture advisory
3.2 Service Agreements
Specific services are governed by individual Statements of Work (SOW) or Service Agreements, which detail scope, timelines, deliverables and payment terms. In the event of conflict between these Terms and a signed SOW, the SOW shall take precedence.
4. Intellectual Property
4.1 Client Ownership
Upon full payment of all fees, Clients receive full ownership of custom Deliverables created specifically for them under a service engagement, as specified in the applicable SOW.
4.2 Fortyqon Ownership
Fortyqon retains ownership of all pre-existing intellectual property, frameworks, tools, methodologies, libraries and know-how used in delivering services. Any reusable components incorporated into Deliverables are licensed to the Client on a perpetual, non-exclusive basis.
4.3 Portfolio Rights
Unless otherwise agreed in writing, Fortyqon reserves the right to reference completed projects in its portfolio and marketing materials without disclosing confidential information.
5. Payment Terms
- Payment terms are specified in individual SOWs and invoices
- Standard payment: 50% deposit upon project commencement, 50% on delivery
- Invoices are due within 14 days of issue unless otherwise agreed
- Late payments may incur interest at 5% per month on the outstanding amount
- All prices are in USD or AED as specified, exclusive of UAE VAT where applicable
- Fortyqon reserves the right to suspend services for overdue payments
6. Confidentiality
Both parties agree to keep confidential any information disclosed during the course of a service engagement that is marked as confidential or that would reasonably be understood to be confidential. This obligation survives the termination of any agreement for a period of 3 years.
Fortyqon's confidentiality obligations do not apply to information that is publicly available, independently developed, or required to be disclosed by law.
7. Warranties & Representations
7.1 Our Warranties
We warrant that our services will be performed with reasonable skill and care in accordance with industry standards, and that Deliverables will substantially conform to agreed specifications at the time of delivery.
7.2 Disclaimer
Our website and services are provided "as is" without warranties of any kind beyond those expressly stated. We do not warrant uninterrupted or error-free operation of any software, or that security systems will prevent all breaches.
8. Limitation of Liability
To the maximum extent permitted by UAE law, Fortyqon's total liability to a Client for any claim arising from or related to our services shall not exceed the total fees paid by that Client in the 12 months preceding the claim.
Fortyqon shall not be liable for any indirect, consequential, special or punitive damages, including loss of profits, data or business opportunity, even if advised of the possibility of such damages.
9. Termination
Either party may terminate a service engagement by providing 30 days' written notice. Upon termination:
- All completed work to the termination date becomes payable
- Fortyqon will deliver all completed Deliverables and work-in-progress
- Each party returns or destroys confidential information of the other party
- Provisions relating to IP, confidentiality, payment and liability survive termination
10. Governing Law & Dispute Resolution
These Terms are governed by the laws of the United Arab Emirates. Any disputes shall first be attempted to be resolved through good-faith negotiation. If unresolved within 30 days, disputes shall be referred to the competent courts of Dubai, UAE.
11. Website Use
You agree not to:
- Use our website for any unlawful purpose or in violation of any UAE regulations
- Attempt to gain unauthorised access to our systems or data
- Transmit harmful code, spam or malicious content
- Reproduce or redistribute our website content without written permission
- Use automated tools to scrape or harvest data from our website
12. Contact
For any questions regarding these Terms:
- Email: support@fortyqon.com
- Phone: +971 529 888365
- Address: Office No. M-2 275, BN Complex, Al Muteena, Dubai, UAE