SME Fortress

Terms and Conditions of Use

SME Fortress

Effective Date: 19th March 2026
Version: v1.0

These Terms and Conditions of Use (“Terms”) govern access to and use of the SME Fortress platform, website, applications, and related services (collectively, the “Service”) provided by Tosba Technologies Pte. Ltd. (“Company”, “we”, “us”, or “our”).

By accessing, registering for, purchasing, or using SME Fortress, you (“Customer”, “you”, or “your”) agree to be bound by these Terms. If you are using the Service on behalf of a company or other legal entity, you represent and warrant that you have authority to bind that entity to these Terms.

If you do not agree to these Terms, you must not access or use the Service.

1. About SME Fortress

SME Fortress is a software platform designed to support organizations in managing and improving aspects of their cybersecurity, compliance, governance, risk, awareness, asset visibility, incident handling, vendor oversight, and related operational activities.

Unless expressly agreed otherwise in writing, SME Fortress is provided as a tool to assist your internal processes and decision-making. It does not replace your own management judgment, legal advice, regulatory analysis, security operations, or independent professional assessment.

2. Eligibility and Business Use

The Service is intended primarily for business and organizational use. You may use the Service only if:

  1. you are legally capable of entering into binding contracts;
  2. you are authorized to act on behalf of yourself or your organization; and
  3. your use of the Service complies with all applicable laws, regulations, and contractual obligations.

You are responsible for ensuring that your users, administrators, employees, contractors, and representatives comply with these Terms.

3. Account Registration and Access

To use certain parts of the Service, you may be required to create an account. You agree to:

  • provide accurate, current, and complete information;
  • keep your account information updated;
  • maintain the confidentiality of login credentials;
  • restrict unauthorized access to your account; and
  • notify us promptly of any suspected unauthorized use or security incident affecting your account.

You are responsible for all activities that occur under your account, except to the extent caused directly by our breach of these Terms or our own negligence or misconduct.

We may suspend or restrict access if we reasonably believe your credentials have been compromised or your use presents a security risk to the Service or others.

4. Subscription, Plans, and Orders

SME Fortress requires a paid subscription, license, statement of work, order form, or other commercial agreement.

Your subscription details, including:

  • plan type,
  • number of users,
  • enabled modules,
  • billing cycle,
  • service term,
  • pricing,
  • onboarding,
  • add-ons, and
  • support level,

may be specified in an applicable order form, invoice, proposal, or other written agreement between you and us. In case of conflict, the commercial agreement will prevail over these general Terms for the relevant subject matter.

Unless otherwise stated:

  • subscriptions are granted on a limited, non-exclusive, non-transferable, non-sublicensable basis;
  • access is limited to the scope purchased;
  • unused subscription periods are non-refundable unless required by law or expressly agreed in writing.

5. Permitted Use

Subject to these Terms and payment of applicable fees, we grant you a limited right during the subscription term to access and use the Service for your internal business purposes.

You may use the Service only in accordance with:

  • these Terms,
  • applicable documentation,
  • your purchased plan, and
  • applicable laws and regulations.

You must not:

  • copy, resell, rent, lease, sublicense, or commercially exploit the Service except as expressly permitted;
  • reverse engineer, decompile, disassemble, or attempt to derive source code, except where such restriction is prohibited by law;
  • interfere with or disrupt the integrity, security, or performance of the Service;
  • access the Service to build a competing product or service;
  • use the Service for unlawful, fraudulent, harmful, or abusive purposes;
  • upload malicious code, malware, or harmful content;
  • perform unauthorized penetration testing, scanning, or stress testing against the Service;
  • bypass usage limits, authentication, or access controls; or
  • use the Service in a manner that could damage our systems, reputation, or other customers.

6. Customer Data

6.1 Ownership

As between the parties, you retain all rights, title, and interest in and to the data, records, files, configurations, documents, content, and other materials that you or your users submit to or process through the Service (“Customer Data”).

6.2 Your Responsibility

You are solely responsible for:

  • the accuracy, quality, legality, and integrity of Customer Data;
  • obtaining all necessary rights, permissions, notices, and consents;
  • the lawful basis for processing personal data through the Service;
  • your security configurations, internal policies, and administrative actions; and
  • your decisions made based on reports, alerts, recommendations, scores, dashboards, or outputs generated by the Service.

6.3 Our Use of Customer Data

We may process Customer Data only:

  • to provide, maintain, support, and secure the Service;
  • to troubleshoot, prevent abuse, and improve service performance;
  • to comply with law or valid legal process; and
  • as otherwise permitted by these Terms, our Privacy Policy, or a separate data processing agreement.

6.4 Aggregated and De-Identified Data

We may generate and use aggregated, anonymized, or de-identified data derived from usage of the Service for analytics, benchmarking, security, service improvement, and business operations, provided such data does not identify you or any individual.

7. Data Protection and Privacy

Our handling of personal data is governed by our Privacy Policy


8. Security

We will use reasonable administrative, technical, and organizational measures designed to protect the Service and Customer Data from unauthorized access, use, alteration, or disclosure.

However, no system or network is completely secure. You acknowledge that:

  • cybersecurity risk can never be fully eliminated;
  • the Service may identify, prioritize, or assist with risks, but cannot guarantee prevention, detection, or remediation of every vulnerability, incident, or threat; and
  • you remain responsible for your organization’s own cybersecurity governance, response, compliance, and operational decisions.

9. Integrations and Third-Party Services

The Service may interoperate with third-party services, platforms, APIs, software, or data sources. Your use of such third-party services may be subject to separate terms and privacy policies of those third parties.

We are not responsible for third-party products or services, including:

  • their availability,
  • security,
  • accuracy,
  • compliance,
  • performance,
  • updates, or
  • acts or omissions.

We may add, modify, or remove integrations from time to time.

10. Reports, Alerts, Recommendations, and Informational Outputs

The Service may generate reports, alerts, risk scores, findings, recommendations, insights, dashboards, summaries, training material, compliance mappings, or other outputs.

These outputs are provided for general informational and operational support purposes only. Unless expressly agreed otherwise in writing:

  • they do not constitute legal advice, audit opinions, certifications, guarantees, or regulatory determinations;
  • they do not guarantee compliance with any law, standard, or framework;
  • they do not guarantee the absence of vulnerabilities, incidents, misconfigurations, or control failures; and
  • they should be reviewed by qualified personnel before reliance or action.

You are solely responsible for reviewing and validating outputs before using them in business, legal, operational, compliance, or security decisions.

11. Customer Responsibilities

You agree to:

  • maintain appropriate internal security controls and governance;
  • configure the Service appropriately for your environment;
  • manage user access and permissions responsibly;
  • maintain backup copies of critical data where appropriate;
  • investigate and respond to incidents affecting your environment;
  • use qualified personnel to interpret platform outputs; and
  • promptly cooperate with reasonable security-related requests from us.

You must not use the Service in a way that infringes the rights of others or violates applicable law.

12. Fees and Payment

You agree to pay all fees specified in your applicable order form, invoice, or subscription plan.

Unless otherwise agreed in writing:

  • fees are stated exclusive of taxes;
  • payment obligations are non-cancellable during the committed subscription term;
  • fees paid are non-refundable except where required by law or expressly stated otherwise;
  • late payments may result in suspension of access after reasonable notice; and
  • you are responsible for applicable taxes, duties, levies, or similar governmental charges, excluding taxes based on our net income.

We reserve the right to change pricing for future renewal terms or new purchases upon prior notice.

13. Renewal and Cancellation

Unless otherwise stated in a separate written agreement:

  • subscriptions renew automatically for successive terms equal to the initial term or for one month, depending on the plan, unless cancelled before renewal;
  • either party may elect not to renew by giving notice before the renewal date in accordance with the applicable commercial terms;
  • cancellation does not relieve you of payment obligations already incurred.

If you cancel, your access may continue until the end of the then-current paid term unless otherwise stated.

14. Suspension

We may suspend or restrict your access to the Service, with or without prior notice where reasonably necessary, if:

  • you materially breach these Terms;
  • payment is overdue;
  • your use poses a security, legal, or operational risk;
  • we suspect fraud, abuse, or unauthorized access;
  • required by law or governmental authority; or
  • necessary to prevent harm to the Service, other customers, or third parties.

Where reasonably practicable, we will provide notice and an opportunity to remedy.

15. Intellectual Property Rights

We and our licensors retain all rights, title, and interest in and to the Service, including all software, code, designs, interfaces, workflows, documentation, trademarks, logos, processes, models, methodologies, and related intellectual property.

Except for the limited use rights expressly granted under these Terms, no rights are granted to you by implication, estoppel, or otherwise.

If you provide feedback, suggestions, enhancement ideas, or recommendations regarding the Service, you grant us a worldwide, perpetual, irrevocable, royalty-free right to use and incorporate them without restriction or obligation.

16. Confidentiality

Each party receiving Confidential Information (“Recipient”) from the other party (“Discloser”) agrees to:

  • use Confidential Information only as necessary for the purposes of these Terms;
  • protect it with reasonable care, at least the same degree of care used for its own similar information; and
  • not disclose it except to employees, contractors, advisors, or affiliates who have a need to know and are bound by confidentiality obligations.

Confidential Information does not include information that:

  • is or becomes public without breach of these Terms;
  • was already lawfully known by the Recipient;
  • is lawfully received from a third party without restriction; or
  • is independently developed without reference to the Discloser’s Confidential Information.

A party may disclose Confidential Information where required by law, regulation, or valid legal process, provided it gives notice where legally permitted.

17. Availability, Maintenance, and Changes

We may modify, update, improve, suspend, or discontinue any part of the Service from time to time.

We do not guarantee that every feature will remain available permanently. We may perform maintenance that temporarily affects availability.

Unless expressly set out in a separate service level agreement, the Service is provided on a commercially reasonable efforts basis and no specific uptime commitment applies.

18. Beta Features

We may offer certain features as beta, preview, pilot, evaluation, or early access features (“Beta Features”).

Beta Features may be incomplete, unstable, or subject to change. They are provided “as is” and may be discontinued at any time. We make no commitment regarding support, availability, performance, or reliability for Beta Features.

19. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF:

  • MERCHANTABILITY,
  • FITNESS FOR A PARTICULAR PURPOSE,
  • TITLE,
  • NON-INFRINGEMENT,
  • ACCURACY,
  • RELIABILITY,
  • SECURITY,
  • AVAILABILITY, OR
  • RESULTS.

WE DO NOT WARRANT THAT:

  • THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE;
  • THE SERVICE WILL DETECT OR PREVENT ALL SECURITY THREATS, MISCONFIGURATIONS, OR COMPLIANCE FAILURES;
  • ANY FINDINGS, ALERTS, OR REPORTS WILL BE COMPLETE OR ACCURATE FOR EVERY PURPOSE; OR
  • THE SERVICE WILL MAKE YOUR ORGANIZATION COMPLIANT, SECURE, OR FREE FROM INCIDENTS.

20. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE, OUR AFFILIATES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY:

  • INDIRECT,
  • INCIDENTAL,
  • SPECIAL,
  • CONSEQUENTIAL,
  • EXEMPLARY, OR
  • PUNITIVE DAMAGES,

OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO US FOR THE SERVICE DURING THE ONE (1) MONTH PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR, NONE IF NO FEES WERE PAID.

THE LIMITATIONS IN THIS SECTION APPLY REGARDLESS OF THE FORM OF ACTION AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY TO THE EXTENT SUCH LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

21. Indemnity

You agree to defend, indemnify, and hold harmless the Company, its affiliates, officers, directors, employees, and agents from and against third-party claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or related to:

  • your use of the Service in violation of these Terms;
  • Customer Data;
  • your violation of applicable law or third-party rights; or
  • acts or omissions of your users, personnel, or representatives.

22. Term and Termination

These Terms remain in effect while you access or use the Service.

Either party may terminate these Terms or the applicable subscription:

  • for material breach by the other party if not cured within [15/30] days after written notice;
  • immediately if required by law;
  • immediately in the event of insolvency, bankruptcy, or cessation of business of the other party, to the extent permitted by law.

Upon termination or expiry:

  • your right to access and use the Service ends;
  • you must cease use of the Service;
  • outstanding payment obligations remain due; and
  • each party may require return or deletion of Confidential Information, subject to legal retention obligations.

We may retain limited data as required by law, for legitimate security purposes, backup cycles, dispute handling, or as otherwise described in our policies and agreements.

23. Export Control and Sanctions

You agree not to access or use the Service in violation of applicable export control, sanctions, or trade laws. You represent that neither you nor your users are prohibited persons or entities under applicable sanctions laws, to the extent relevant under applicable law.

24. Anti-Bribery and Compliance

You agree to comply with applicable anti-bribery, anti-corruption, fraud, and similar laws in connection with your use of the Service and any dealings with us.

25. Publicity

Unless otherwise agreed in writing, we may identify your organization as a customer of SME Fortress in our website, presentations, or marketing materials using your name and logo. You may opt out by written notice.

26. Governing Law and Jurisdiction

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

The courts of Republic of Singapore shall have exclusive jurisdiction over any dispute arising out of or in connection with these Terms, unless otherwise required by applicable law or expressly agreed in writing.

27. Dispute Resolution

Before filing formal legal proceedings, the parties shall attempt in good faith to resolve the dispute through negotiation for at least [30] days after written notice of dispute.

Nothing in this section prevents either party from seeking urgent injunctive or equitable relief where necessary to protect rights or prevent immediate harm.

28. Force Majeure

Neither party shall be liable for delay or failure to perform due to causes beyond its reasonable control, including acts of God, war, terrorism, civil unrest, labor disputes, internet or telecommunications failures, denial-of-service attacks, cloud provider outages, governmental action, epidemics, or natural disasters.

29. Notices

Notices under these Terms must be given in writing to the contact details designated by the parties, including by email where permitted.

You are responsible for keeping your contact details current.

30. Assignment

You may not assign or transfer these Terms or any rights under them without our prior written consent, except in connection with a merger, acquisition, or sale of substantially all relevant assets, where permitted by law.

We may assign these Terms to an affiliate or in connection with a corporate reorganization, merger, acquisition, or sale of assets.

31. Entire Agreement

These Terms, together with any applicable order form, Privacy Policy, service level agreement, and other expressly incorporated documents, constitute the entire agreement between the parties regarding the Service and supersede prior or contemporaneous understandings relating to that subject matter.

32. Severability

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

33. No Waiver

Failure by either party to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.

34. Changes to These Terms

We may update these Terms from time to time. Updated Terms will become effective upon posting or on the stated effective date.

If a change materially adversely affects your rights, we will use reasonable efforts to provide prior notice. Your continued use of the Service after the effective date of updated Terms constitutes acceptance of the updated Terms.

35. Contact Information

For questions regarding these Terms, please contact:

[email protected]