User Agreement

Last updated: 6 August 2025

Welcome to Fortress Technologies ("we", "us", "our"). By accessing or using our website, online store and any related support channels, and by purchasing our products (collectively, the Services), you agree to be bound by this User Agreement ("Agreement"). We sell privacy‑focused mobile phones and optional eSIM products as a retail distributor. If you do not accept any part of these terms, please do not use the Services.

1. General Liability & Disclaimer

1.1 We endeavour to provide accurate, current information, but make no warranties (express or implied) as to completeness, reliability or fitness for any purpose. Your use of the Services is at your own risk.

1.2 We may modify, suspend or discontinue any aspect of the Services at any time without notice. To the maximum extent permitted by law, we are not liable for any loss or damage (including indirect, consequential, special or exemplary damages, loss of profits, goodwill, data, or business interruption) arising from your use - or inability to use - our Services.

1.3 Nothing in this Agreement excludes or limits consumer guarantees or other non‑excludable rights under the Australian Consumer Law (ACL). Where such rights cannot be excluded, our liability is limited (at our option) to resupplying the Services or refunding the price paid.

2. Device Usage & Optional eSIM Products

2.1 Telecommunications Service Disclaimer

Role Split: We are the customer's point of sale and first-line support, while all carrier-level obligations remain with esimba/Keepgo. You contract with us as the retailer in a white-label distribution model, while esimba provides the underlying network services.

eSIM Products Now Optional: We now offer eSIM products as optional purchases that users can buy based on their communication preferences and requests. These are no longer compulsory bundles but standalone products you can choose to purchase.

Data-Only Services: The eSIM products provide data-only services without phone numbers and cannot be used for emergency calls (000) or voice communications. All telecommunications services are subject to esimba/Keepgo's terms of service, privacy policy, and acceptable use policies.

Keepgo Terms and Conditions: By activating and using the included 50GB eSIM data starter pack, you agree to be bound by Keepgo's terms of service, privacy policy, and acceptable use policies. These third-party terms govern your use of the telecommunications services and are in addition to this Agreement. We recommend reviewing Keepgo's terms before activating your eSIM.

2.2 Completed Retail Transaction

Your purchase from us is a completed retail transaction for a privacy phone with included accessories. Once you receive your phone and eSIM activation credentials, our commercial relationship regarding telecommunications services concludes entirely. All telecommunications service matters, technical support, data usage, connectivity issues, and customer service must be handled directly with the telecommunications provider (Keepgo). We have no ability to assist with telecommunications service issues.

2.2 Customer Activation Responsibility

CRITICAL: You must activate any purchased eSIM products yourself. We provide only:

• Your privacy phone with pre-configured software
• eSIM activation credentials (QR code and instructions) for any purchased eSIM products
• Initial setup documentation

Your Responsibilities:

• Scan the QR code to download the eSIM profile to your device
• Follow activation instructions provided by the telecommunications provider
• Contact esimba/Keepgo directly for any activation issues or technical support
• Manage all ongoing telecommunications service needs directly with esimba/Keepgo
• Agree to and comply with esimba/Keepgo's terms of service and policies

We Cannot Assist With:

• eSIM activation problems or technical difficulties
• Data connectivity issues, network problems, or coverage questions
• Account management, data usage monitoring, or service billing
• Top-ups, recharges, or additional data purchases
• Any matters governed by esimba/Keepgo's terms and policies

2.3 Lawful Use Requirements

You are solely responsible for ensuring lawful use of any Product purchased from us. By purchasing our Products, you represent and warrant that you will use them only for lawful purposes. We expressly prohibit and disclaim all liability for any unlawful, fraudulent, or malicious use of our Products. Without limitation, you must not:

• use our Products to breach any federal, state, or international law;
• use our Products to evade lawful surveillance or monitoring where required by law;
• use our Products for any criminal activity, terrorism, or activities that harm others;
• impersonate others, infringe intellectual-property rights, or transmit harmful code;
• interfere with network integrity or security;
• use our Products in any way that could damage our reputation or associate us with illegal activities.

2.4.1 Indemnification

You agree to indemnify, defend, and hold harmless Fortress Technologies, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from your unlawful use of our Products or breach of this Agreement.

2.5 Service Refusal & Termination Rights

We reserve the right to refuse, suspend or terminate future sales or support (without refund) if we reasonably believe you are misusing a Product or violating law, including under Telecommunications Act 1997 s 313(3) (requests by law‑enforcement or national‑security agencies).

3. Compliance with Laws & Export Controls

3.1 You must comply with all applicable Commonwealth, state and territory laws and regulations governing mobile devices, telecommunications and data usage - including road safety laws restricting mobile use while driving.

3.2 Products and software may be subject to export controls (e.g. Australian Defence and Strategic Goods List, US EAR). You warrant that you are not prohibited from importing or using such items at your location.

3.5. Software Transparency & Privacy Commitment

3.5.1 Our Products include both open-source and privacy-respecting proprietary software. The foundation is GrapheneOS (open-source), complemented by carefully selected applications that meet our strict privacy standards. All software is chosen based on:

• Demonstrated commitment to user privacy and data protection;
• Transparent privacy policies and data handling practices;
• Regular security updates and active development;
• Compliance with applicable privacy laws and regulations;
• Minimal data collection and no unnecessary tracking;
• Strong encryption and security measures.

3.5.2 Full transparency documentation is available upon request. Contact us at contact@fortresstechnologies.org to receive: (a) Links to developer documentation and privacy policies for third-party apps; (b) Technical documentation for any apps we've developed; (c) Security audit results where available; (d) Detailed explanations of how each app protects your privacy.

3.5.3 We champion your right to digital privacy. Every software choice reflects our commitment to helping you regain control over your personal data. We pre-configure these tools to maximize privacy protection while maintaining usability and legal compliance.

3.5.4 Privacy empowers legitimate personal and business needs. Our customers include journalists protecting sources, businesses safeguarding trade secrets, healthcare providers ensuring patient confidentiality, and individuals exercising their fundamental right to privacy. We support these lawful uses while condemning any illegal activities.

3.6. Device Wipe Features & Data Protection

3.6.1 Legitimate Security Applications: Our wipe features serve essential data protection needs including:

• Protection against corporate espionage and trade secret theft;
• Safeguarding patient records and confidential healthcare information;
• Protecting journalistic sources and sensitive communications;
• Preventing identity theft and financial fraud from stolen devices;
• Securing business communications and proprietary information;
• Maintaining attorney-client privilege and legal confidentiality.

3.6.2 Absolute Data Loss Liability Exclusion: You acknowledge and agree that:

• Wipe activation is entirely your responsibility based on the configuration settings you choose;
• We provide comprehensive setup instructions and clearly explain all wipe triggers and conditions;
• Data recovery is technically impossible once a wipe has been executed due to the cryptographic nature of the security measures;
• We retain no copies, backups, or recovery mechanisms for any data stored on your device;
• You are solely responsible for maintaining your own data backups using methods external to the device;
• We accept no liability whatsoever for data loss resulting from wipe activation, whether intentional, accidental, or triggered by the security conditions you configured.

3.6.3 Legal Compliance & Law Enforcement: By purchasing our Products, you represent and warrant that:

• You will comply with all lawful requests from Australian and international law enforcement agencies;
• You will not use wipe features to obstruct justice or interfere with lawful investigations;
• You understand that obstruction of justice is a serious criminal offense under Australian law;
• You will seek independent legal advice regarding your obligations if subject to any legal process or investigation;
• You acknowledge that legitimate privacy protection and legal compliance are not mutually exclusive.

3.6.4 Service Refusal Policy: We reserve the right to immediately refuse service and terminate all future sales eligibility if you:

• Request advice on evading law enforcement or legal obligations;
• Indicate intent to use our Products for illegal purposes;
• Attempt to associate our business with unlawful activities;
• Demonstrate disregard for legal compliance requirements.

3.6.5 Technical Support Limitations: Our technical support is limited to lawful configuration and troubleshooting only. We will not provide assistance that could facilitate illegal activities or legal evasion. All support interactions are subject to our legal compliance obligations under Australian law.

4. Privacy & Communications

4.1 Our handling of personal information is set out in our Privacy Policy, which forms part of this Agreement. By using the Services, you acknowledge that we collect only the purchase‑related details you provide at checkout (processed by Stripe for card payments or our self-hosted BTCPay Server for Bitcoin payments) and do not otherwise track, profile or market to you. We comply with the Privacy Act 1988 and Australian Privacy Principles.

4.2 We may send you transactional emails or SMS that relate strictly to your order (e.g. receipt, shipping updates). We do not maintain user accounts and do not send newsletters or advertising messages. Any future marketing would require your explicit opt‑in under the Spam Act 2003.

4.3 Bitcoin Payment Terms

Bitcoin Payment Processing: When you choose Bitcoin as your payment method, your payment is processed through our self-hosted BTCPay Server instance. By selecting Bitcoin payment, you acknowledge and agree that:

• Cryptocurrency Nature: Bitcoin is a decentralized cryptocurrency, and transactions are irreversible once confirmed on the Bitcoin blockchain
• Exchange Rate Risk: Bitcoin prices fluctuate constantly. The AUD amount shown at checkout is converted to Bitcoin at the current exchange rate provided by our rate provider (Bitpay)
• Payment Confirmation: Bitcoin payments require blockchain confirmation, which typically takes 10-60 minutes depending on network conditions
• No Chargebacks: Unlike credit card payments, Bitcoin transactions cannot be reversed or charged back once confirmed
• Your Responsibility: You are responsible for ensuring you send the exact Bitcoin amount to the correct address within the payment window
• Privacy Benefits: Bitcoin payments are processed without sharing your financial information with third-party payment processors

5. External Service Providers & Included eSIM Data Starter Pack

5.1 Third-Party Telecommunications Provider - Optional Products

esimba/Keepgo Service Provision: esimba (powered by Keepgo) and other third-party providers supply the actual telecommunications data connectivity services for optional eSIM products you may choose to purchase. Their terms of service, privacy policies, and acceptable‑use policies apply directly to you as the end user of telecommunications services.

Service Distinction:

• Fortress Technologies: Retailer/distributor of privacy-focused phones and optional eSIM products
• esimba/Keepgo: Actual telecommunications service providers operating networks and providing data connectivity
• You (Customer): End user of both our phone hardware and their optional telecommunications services

Distribution Partnership Model: We operate under a white-label distribution model where:

• You contract with us as the retailer for optional eSIM products
• esimba provides the underlying telecommunications services
• We are your point of sale and first-line support
• All carrier-level obligations remain with esimba/Keepgo

Zero Fortress Technologies Telecommunications Involvement: We have no control over, responsibility for, or involvement in:

• Network coverage, speeds, reliability, or performance
• Data usage monitoring, tracking, or billing
• Service activation, deactivation, suspension, or technical support
• Customer service for telecommunications functions
• Technical support for connectivity, network, or eSIM issues
• Data roaming arrangements, international coverage, or network partnerships
• Regulatory compliance for telecommunications services
• Account management, password resets, or service modifications

5.2 Payment Processing

Payment processing is handled by Stripe, Inc. By making a purchase you agree to Stripe's terms.

5.3 Cash on Delivery (COD) Payment Process

When selecting cash payment at checkout:

• You will receive an invoice with pickup instructions via your selected contact method (email or Signal)
• Email correspondence will be sent for email-only contacts
• Signal messaging will be used for customers who prefer encrypted communication
• A receipt will be provided via the same contact method upon payment completion
• All COD orders require in-person pickup at our designated location

5.4 Cash Payment Record Keeping & Legal Compliance

For cash payments, we maintain proper business records in accordance with Australian law:

• Tax Compliance: Transaction records are maintained using your contact information for the minimum period required by Australian tax law (7 years)
• Data Minimization: We collect and retain only information necessary for the transaction and legal compliance
• Privacy Protection: Cash payment records contain no banking, credit card, or financial institution information
• Secure Storage: All records are stored securely and used solely for transaction purposes and legal obligations
• Australian Business Law Compliance: This process ensures compliance with ATO record-keeping requirements, GST legislation, Australian Consumer Law, and Privacy Act 1988

5.5 Telecommunications Service Liability Exclusion

To the extent permitted by law, Fortress Technologies is not responsible for:

• Outages, latency, or data‑rate limitations caused by underlying carriers or third-party providers
• Any telecommunications service failures, interruptions, or performance issues
• Network security breaches or data interception at the telecommunications level
• Regulatory changes affecting telecommunications services
• Geographic coverage limitations or roaming restrictions
• Data usage disputes or billing issues with telecommunications providers

All telecommunications-related issues must be resolved directly with the relevant service provider.

6. Intellectual Property

6.1 All content on our website - including text, graphics, logos, and software - is owned by us or our licensors and is protected by Australian and international IP law. You may not reproduce or distribute any content without written permission, except where permitted under the Copyright Act 1968 (e.g. fair dealing).

6.2 Trademarks, service marks, and logos used in the Services remain the property of their respective owners.

7. Warranties & Australian Consumer Law

7.1 Your purchase is subject to non‑excludable guarantees under Part 3‑2 of the ACL (e.g. goods must be of acceptable quality and fit for purpose). If a product has a major failure you are entitled to a replacement or refund.

7.2 Our devices carry a 24‑month manufacturer's warranty (in addition to ACL rights). To claim, contact support with proof of purchase.

7.3 Telecommunications Service Warranty Exclusion

We provide no warranties, express or implied, regarding the included eSIM data starter pack or any telecommunications services provided by third parties. All telecommunications service warranties, if any, are provided directly by the telecommunications service provider and are governed by their terms of service.

7A. Refunds & Returns Policy

7A.1 Refund Eligibility: Subject to your rights under the Australian Consumer Law, refunds may only be considered for devices that:

• Remain in their original sold configuration with all pre-installed software intact and unmodified;
• Have not been factory reset, wiped, or had their data cleared;
• Have not had any applications installed, removed, or modified;
• Have not been updated or had their operating system altered in any way;
• Are returned within 14 days of delivery in original packaging with all accessories;
• Show no signs of physical damage, wear, or misuse.

7A.2 Non-Refundable Circumstances: No refunds will be provided if:

• The device has been used, configured, or personalized in any way;
• Any wipe feature (emergency or scheduled) has been activated;
• The device software has been modified, updated, or altered;
• You have changed your mind after using or configuring the device;
• The device has been damaged through misuse or normal wear;
• More than 14 days have passed since delivery.

7A.3 Optional eSIM Products: Purchased eSIM products are separate from device purchases:

• eSIM products are non-refundable once you receive activation credentials
• Unused eSIM packages may be eligible for refund within 14 days if activation credentials have not been redeemed
• Once you activate the eSIM with the telecommunications provider, the service becomes active and is governed by the telecommunications provider's terms
• We cannot provide refunds for telecommunications service issues, connectivity problems, or data usage matters
• All telecommunications service-related issues must be resolved directly with esimba/Keepgo

eSIM products are sold separately from devices. Each product has its own refund policy as outlined above.

7A.4 Australian Consumer Law Rights: This refunds policy operates alongside your non-excludable rights under the Australian Consumer Law. If a product has a major failure, you remain entitled to a replacement or refund regardless of the device's current state, provided the failure is not due to misuse.

7A.5 Return Process: To request a return, contact us at contact@fortresstechnologies.org within 14 days of delivery. We will assess the device's eligibility and provide return instructions if applicable. All returns are subject to inspection to verify the device remains in its original sold state.

8. Enhanced Limitation of Liability

8.1 General Liability Limitations

To the fullest extent permitted by law, our aggregate liability (however arising) is capped at the amount you paid for the Product that gave rise to the claim.

8.2 Telecommunications Service Liability Exclusion

We expressly exclude all liability for:

• Any issues, failures, or performance problems related to the included eSIM data starter pack or telecommunications services provided by third parties
• Data connectivity problems, network outages, or service interruptions
• eSIM activation difficulties, technical setup issues, or compatibility problems
• Network security, data privacy, or data handling by telecommunications service providers
• Geographic coverage limitations, international roaming, or network compatibility issues
• All telecommunications service functionality, performance, or reliability

We provide no warranties, express or implied, regarding optional eSIM products or any telecommunications services. Data allocation, network coverage, connection speeds, and service reliability are determined entirely by the third-party telecommunications provider and are subject to their terms of service and network capabilities.

Critical Disclaimer: We do not warrant that optional eSIM products will work in all locations, with all devices, or provide uninterrupted connectivity. Data speeds, coverage and performance vary by location, network congestion, and the telecommunications provider's infrastructure and policies.

8.3 Telecommunications Dispute Resolution

For any issues related to optional eSIM products or telecommunications services, you must contact:

1. First: esimba/Keepgo customer service directly - we cannot assist with telecommunications service issues
2. If unresolved: The Telecommunications Industry Ombudsman (TIO) at 1800 062 058 or www.tio.com.au

As we are not a carrier or carriage service provider, we cannot resolve telecommunications service disputes. We provide distribution services and initial eSIM activation credentials. All connectivity, data usage, network coverage, activation support, and technical assistance must be sought directly from esimba/Keepgo.

We Cannot Help With: eSIM activation problems, connectivity issues, data usage questions, network coverage problems, account management, or any telecommunications service matters.

9. Enhanced Indemnity

You agree to indemnify and hold Fortress Technologies harmless against any claim, loss or liability arising from:

• Your breach of this Agreement
• Misuse of any Product purchased from us
• Violation of law or third‑party rights
• Any use of optional eSIM products or telecommunications services provided by third parties
• Any attempt to hold us responsible for telecommunications service provider actions, failures, or performance
• Any claim that we operate as a telecommunications service provider or should be regulated as such
• Any telecommunications service issues including connectivity problems, data usage disputes, or service interruptions
• Any claim that we derive commercial benefit from or have commercial involvement in telecommunications services

10. Termination & Suspension

We may suspend or terminate your access to future purchases or support at any time if you breach these terms, we are required by law, or our upstream providers withdraw service. Clauses intended to survive termination (e.g. liability, indemnity, IP, telecommunications service disclaimers) will remain in effect.

11. Changes to this Agreement

We may amend this Agreement by publishing an updated version on our website. Continued use of the Services after changes take effect constitutes acceptance. Material changes will be highlighted for at least 30 days.

12. Governing Law & Dispute Resolution

12.1 This Agreement is governed by the laws of Victoria, Australia. You agree to submit to the non‑exclusive jurisdiction of the courts of that state.

12.2 If a dispute arises, the parties must first attempt good‑faith negotiation. If unresolved within 30 days, either party may refer the matter to mediation administered by the Australian Disputes Centre before commencing litigation (except for urgent injunctive relief).

12.3 Telecommunications Regulatory Disputes

For any dispute regarding our classification under telecommunications regulations: Any party seeking to argue that we operate as a telecommunications service provider or carrier must first exhaust all available regulatory remedies with the Australian Communications and Media Authority (ACMA) before commencing legal proceedings. We maintain our position as a retail vendor of privacy phones with included accessories, deriving no revenue from telecommunications services.

13. Contact

Questions or complaints about this Agreement? Contact:

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