Terms of Service

1. Introduction and acceptance of terms

These Terms of Service govern your access to and use of the Fortunato.ph public website and any general online services made available through it. By accessing or using the website, you agree to comply with these Terms and applicable law.

These Terms do not replace a quotation, proposal, SaaS Subscription Agreement, Data Processing Agreement, Service Level Agreement, or other agreement executed for a cooperative subscription or implementation. If an executed agreement conflicts with these website Terms, the executed agreement governs the applicable customer relationship to the extent of that conflict.

2. About Fortunato.ph

Fortunato.ph is a modular cooperative management software platform founded by Emerson and commercially operated in the Philippines by NxtStory Studios Inc. (SEC Registration No. 2024030141531-13) under an authorized product commercialization arrangement. Fortunato.ph is a product identity and is not represented as a separately incorporated company.

The contracting entity identified in an executed customer agreement remains the authoritative contracting party for that agreement.

3. Scope of services

Fortunato.ph provides software capabilities that may support cooperative management, membership, finance, accounting, lending, savings and deposits, reporting, governance, member services, and other operational modules.

Access to a particular capability depends on the customer's subscribed package, enabled modules, implementation scope, configuration, and applicable agreement. Descriptions of available, optional, planned, or developing capabilities do not guarantee that every module or feature will be included in every subscription or available at a particular time.

4. Website and service use

You must use the website and services lawfully and responsibly. Information submitted through public forms should be accurate and should not include unnecessary personal, confidential, unlawful, misleading, or infringing material.

You must not attempt unauthorized access, probe or circumvent security controls, interfere with service operation, introduce malicious code, misuse accounts or credentials, scrape or reproduce protected material unlawfully, impersonate another person, or use the services in a way that harms Fortunato.ph, its operator, customers, users, or third parties.

5. Accounts and access security

Where access credentials are issued for a subscribed service, the customer is responsible for identifying authorized users, assigning access appropriately, protecting credentials, maintaining accurate user information, promptly removing access that is no longer required, and notifying the appropriate Fortunato.ph contact of suspected unauthorized access.

Users must keep their credentials confidential and must not share an individual account in a manner inconsistent with the customer's access rules or applicable agreement. The customer remains responsible for activities performed through accounts under its control, subject to applicable law and the agreed allocation of responsibilities.

6. Subscription and commercial arrangements

Subscription packages, implementation services, scope, fees, billing arrangements, payment schedules, renewals, cancellations, support, and other commercial conditions are governed by the applicable quotation, proposal, order, or executed SaaS Subscription Agreement.

Public pricing and package descriptions may be updated prospectively. Such updates do not by themselves amend or override pricing or commitments contained in an existing executed agreement.

7. Customer data and privacy

Cooperative membership records, financial records, operational records, documents, and other information submitted or controlled by a customer remain the customer's data. A Fortunato.ph subscription does not transfer ownership of that customer data to Fortunato.ph or NxtStory Studios Inc.

Handling of information submitted through the public website is described in the Privacy Policy & Notice. Processing of data within a customer's subscribed platform is additionally governed by the applicable customer agreement, data-processing terms, documented instructions, and applicable data-protection law.

8. Intellectual property

The Fortunato.ph software, brand, interface, designs, documentation, content, and related intellectual property are protected by applicable intellectual-property laws and contractual rights. Except for the limited rights expressly granted under an applicable agreement, no right, title, or interest in the software, source code, brand, documentation, or related intellectual property is transferred to a website visitor or subscriber.

You may not copy, modify, distribute, sell, sublicense, reverse engineer, or create derivative works from protected materials except as expressly permitted by law or by written agreement. Nothing in these Terms independently assigns ownership of Fortunato.ph intellectual property to NxtStory Studios Inc.

9. Service availability and maintenance

The website and subscribed services may be affected by scheduled maintenance, updates, security work, implementation activities, third-party dependencies, connectivity conditions, and circumstances outside reasonable control. We take reasonable steps to maintain service continuity and communicate material planned interruptions where appropriate.

Any specific uptime commitment, maintenance window, support response, service credit, remedy, or service-level obligation applies only when stated in the applicable Service Level Agreement or other executed commercial agreement.

10. Regulatory disclaimer

Fortunato.ph is an independent software management platform. It is not affiliated with, represented by, endorsed by, or certified by the Cooperative Development Authority, Bureau of Internal Revenue, National Privacy Commission, or any other government agency.

The platform provides tools that may support cooperative administration, recordkeeping, financial management, reporting, and preparation of applicable records. Each cooperative remains responsible for understanding and satisfying its legal and regulatory obligations, reviewing and verifying its records and reports, obtaining professional advice where appropriate, and completing official submissions. Use of the platform does not automatically guarantee regulatory compliance.

11. Third-party services

Certain website or application functions may rely on third-party hosting, communications, analytics, infrastructure, or other service providers. The availability and operation of those services may be subject to the relevant provider's terms, policies, and technical limitations.

Where a customer elects to use an integration or third-party service in connection with Fortunato.ph, the applicable agreement and the third party's own terms govern the respective responsibilities of the parties.

12. Suspension and termination

Suspension, cancellation, termination, transition assistance, data return or export, retention, deletion, outstanding payment obligations, and other post-termination responsibilities for an active cooperative subscription are governed by the applicable agreement and relevant law.

We may restrict access to the public website where reasonably necessary to address unlawful use, security threats, service disruption, or legal obligations. Restricting website access does not by itself terminate an active subscription or authorize deletion of customer records contrary to an applicable agreement or legal requirement.

13. Limitation of liability

To the extent permitted by applicable Philippine law, Fortunato.ph and its operator are not responsible for losses caused solely by a visitor's unlawful or unauthorized use of the public website, inaccurate information supplied by a visitor, third-party services outside their reasonable control, or events beyond reasonable control.

Liability relating to a subscribed service, implementation, customer data, confidentiality, service levels, or commercial commitments is governed by the applicable executed agreement. Nothing in these Terms excludes or limits liability, remedies, or statutory rights that cannot lawfully be excluded or limited.

14. Governing law

These Terms are governed by the laws of the Republic of the Philippines, subject to the identity of the applicable contracting entity and any governing-law provision in a separately executed agreement. These Terms do not impose a specific court venue or mandatory arbitration arrangement.

15. Changes to these Terms

We may revise these Terms to reflect changes in the website, services, business practices, or applicable law. Material revisions will be published on this page with an updated revision date and, where required, communicated to affected customers.

A website update does not unilaterally replace or amend an executed commercial agreement. Changes to an executed agreement must follow the amendment process provided in that agreement or otherwise agreed by the parties.

16. Contact information

Service provider: NxtStory Studios Inc. (SEC Registration No. 2024030141531-13)

For questions about these Terms or Fortunato.ph services, email fortunato.ph.sales@gmail.com or call +63 938 239 3569.