Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and GDK Digital LLC ("GDK Digital," "we," "us," or "our") governing your use of our products and services.

By creating an account, accessing, or using any GDK Digital product or service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

If you are using our services on behalf of an organization, you represent that you have authority to bind that organization to these Terms, and "you" refers to both you individually and the organization.

If you do not agree to these Terms, you may not access or use our services.

2. Description of Services

GDK Digital provides software-as-a-service (SaaS) products for business teams:

2.1 Products Covered

• Fortilis: Secure credential and secrets management platform
• FTC (Team Communications): Task and decision collaboration platform with ball-in-court ownership tracking
• GDK-CRM: Customer relationship management system
• Feathers: AI prompt management and optimization tools

2.2 Service Availability

We strive to maintain 99.9% uptime for our services. However, we do not guarantee uninterrupted access and may temporarily suspend services for:

• Scheduled maintenance (with advance notice when possible)
• Emergency security updates
• Events beyond our reasonable control

2.3 Service Modifications

We may modify, update, or discontinue features of our services at any time. For material changes that negatively affect your use, we will provide at least 30 days' notice.

3. Account Registration

3.1 Account Requirements

To use our services, you must:

• Be at least 16 years old
• Provide accurate and complete registration information
• Maintain the security of your account credentials
• Promptly update any changes to your information

3.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your password
• All activities that occur under your account
• Notifying us immediately of any unauthorized access

We recommend enabling multi-factor authentication where available.

3.3 Organization Accounts

If you create an organization account, you are the organization administrator and are responsible for:

• Managing user access and permissions
• Ensuring organization users comply with these Terms
• Payment for all seats and subscriptions

4. Subscriptions and Payment

4.1 Free and Paid Plans

Some products offer free tiers with limited features. Paid subscriptions unlock additional functionality and capacity. See our Pricing page for current plans and features.

4.2 Billing

• Billing Cycle: Subscriptions are billed monthly or annually as selected
• Payment Method: We accept major credit cards via Stripe
• Automatic Renewal: Subscriptions automatically renew unless cancelled
• Price Changes: We will notify you at least 30 days before price increases

4.3 Refunds

• Monthly Plans: No refunds for partial months
• Annual Plans: Pro-rated refund available within 30 days of purchase
• Exceptions: Refunds may be provided at our discretion for service issues

4.4 Non-Payment

If payment fails, we will:

1. Notify you of the failed payment
2. Attempt to charge the payment method again
3. Suspend access after 7 days of non-payment
4. Delete account data after 30 days of suspension (with notice)

5. Acceptable Use

You agree not to use our services to:

5.1 Prohibited Activities

• Violate any applicable laws or regulations
• Infringe on intellectual property rights of others
• Transmit malware, viruses, or harmful code
• Attempt to gain unauthorized access to our systems
• Interfere with or disrupt service integrity
• Harass, abuse, or harm others
• Send spam or unauthorized commercial communications
• Engage in fraudulent or deceptive practices
• Resell or redistribute our services without authorization
• Use automated systems to access our services beyond normal use

5.2 Product-Specific Restrictions

5.3 Enforcement

We may investigate violations and take appropriate action, including:

• Warning or suspension of account
• Removal of violating content
• Termination of account
• Reporting to law enforcement if required

6. Your Content

6.1 Ownership

You retain full ownership of all content you create, upload, or store in our services. We do not claim any ownership rights to your data.

6.2 License to Us

You grant us a limited license to:

• Store, process, and display your content to provide our services
• Create backups to protect against data loss
• Analyze aggregated, anonymized usage patterns (not your specific content)

This license terminates when you delete your content or close your account.

6.3 Content Responsibility

You are solely responsible for:

• The content you create and store
• Ensuring you have rights to use and share content
• Backing up important data
• Compliance with applicable laws regarding your content

6.4 Data Export

You may export your data at any time using the export features in each product, or by contacting support.

7. Intellectual Property

7.1 Our Intellectual Property

GDK Digital and its licensors own all rights to:

• The GDK Digital name, logo, and brand assets
• Product names (Fortilis, FTC, GDK-CRM, Feathers)
• Software code, algorithms, and technical implementations
• Documentation, designs, and user interfaces

These Terms do not grant you any rights to use our trademarks or brand assets except as necessary to use our services.

7.2 Feedback

If you provide feedback, suggestions, or ideas about our products, you grant us the right to use this feedback without obligation to you. We appreciate user input and may incorporate it into future product development.

8. Confidentiality

8.1 Your Confidential Information

We treat your data and content as confidential. We will not access, use, or disclose your data except:

• To provide and improve our services
• With your consent
• As required by law
• To protect the security of our services

8.2 Fortilis Special Provisions

Fortilis uses zero-knowledge architecture. This means:

• Your secrets are encrypted on your device before storage
• We cannot access, read, or decrypt your stored credentials
• If you lose your master password, we cannot recover your data

9. Warranty Disclaimer

To the maximum extent permitted by law, we disclaim all warranties including:

• Merchantability and fitness for a particular purpose
• Non-infringement
• Uninterrupted or error-free operation
• Accuracy or reliability of results
• Security of data (though we implement industry-standard measures)

Some jurisdictions do not allow exclusion of certain warranties, so some exclusions may not apply to you.

10. Limitation of Liability

This includes, but is not limited to:

• Loss of profits, data, or business opportunities
• Business interruption
• Cost of procurement of substitute services
• Any damages arising from use or inability to use our services

10.1 Maximum Liability

Our total liability for any claims arising from these Terms or your use of our services shall not exceed the greater of:

• The amount you paid us in the 12 months prior to the claim, or
• $100 USD

10.2 Exceptions

These limitations do not apply to:

• Our gross negligence or willful misconduct
• Death or personal injury caused by our negligence
• Fraud or fraudulent misrepresentation
• Any liability that cannot be excluded by law

11. Indemnification

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

• Your use of our services
• Your violation of these Terms
• Your content or data
• Your violation of any third-party rights

12. Termination

12.1 Termination by You

You may terminate your account at any time by:

• Using the account deletion feature in your account settings
• Contacting us at support@gdkdigital.com

Upon termination, you will lose access to your account and data. Export your data before terminating.

12.2 Termination by Us

We may terminate or suspend your account if:

• You violate these Terms
• You fail to pay subscription fees
• We are required to do so by law
• Continuing service poses a security risk

Except in cases of serious violations or legal requirements, we will provide notice and an opportunity to cure before termination.

12.3 Effect of Termination

Upon termination:

• Your license to use our services ends immediately
• We will delete your data within 30 days (unless legally required to retain)
• Sections on intellectual property, limitation of liability, and governing law survive termination

13. Modifications to Terms

We may modify these Terms from time to time. When we make changes:

• We will update the "Last Updated" date at the top
• For material changes, we will notify you by email or in-product notice
• Changes take effect 30 days after notification
• Continued use after changes constitutes acceptance

If you disagree with changes, you may terminate your account before they take effect.

14. Governing Law

14.1 Jurisdiction

These Terms are governed by the laws of the State of Michigan, United States, without regard to conflict of law principles.

14.2 Dispute Resolution

Any disputes arising from these Terms shall be resolved through:

1. Informal Resolution: Contact us first at legal@gdkdigital.com. Most disputes can be resolved informally.
2. Arbitration: If informal resolution fails, disputes will be resolved through binding arbitration in Berrien County, Michigan, under AAA Commercial Arbitration Rules.
3. Exception: Either party may seek injunctive relief in court for intellectual property matters or security threats.

14.3 Class Action Waiver

You agree to resolve disputes individually and waive any right to participate in class action lawsuits or class-wide arbitration.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy and any product-specific terms, constitute the entire agreement between you and GDK Digital.

15.2 Severability

If any provision of these Terms is found unenforceable, the remaining provisions continue in effect.

15.3 Waiver

Failure to enforce any provision does not waive our right to enforce it later.

15.4 Assignment

You may not assign or transfer these Terms without our consent. We may assign our rights and obligations to an affiliate or successor entity.

15.5 Force Majeure

We are not liable for delays or failures caused by events beyond our reasonable control, including natural disasters, acts of government, or internet outages.

15.6 No Agency

Nothing in these Terms creates a partnership, joint venture, or agency relationship between you and GDK Digital.

16. Contact Information

For questions about these Terms, contact us: