This License Architecture is incorporated into and forms part of the BruteMitigator® Course & Product License Agreement. It defines the principal license roles, Platform Access rights, user and role limits, internal distribution permissions, screen-sharing permissions, and add-on options applicable to BruteMitigator courses and products.

BruteMitigator Materials are licensed, not sold, and may be accessed, used, distributed, and screen-shared only as permitted under the Course & Product License Agreement, this Appendix A, the applicable Quote or order form, and any other written authorization issued by SJKargel Consulting, LLC.

1. Definitions

“Platform Access” means personal, non-transferable access issued to a named individual for authorized course content, videos, materials, or platform areas through the BruteMitigator website or another approved delivery platform.

“Authorized User” means a named individual who receives personal, non-transferable Platform Access under the applicable license or written authorization. Authorized Users may include Solo License Holders, Facilitators / Team-Trainers, Participants who receive Limited Participant Access, and designated Assessment Leads who receive Limited Assessment Lead Access.

“Facilitator” or “Team-Trainer” means an employee of the purchasing organization designated under an active Team / Trainer License to coordinate authorized internal delivery, participant preparation, discussions, workshops, and use of licensed Courses 1–3 materials within the applicable license scope. Where a Core Team License is active, a Facilitator may also retain the access expressly permitted for Courses 4–5 under this Appendix A.

“Participant” means an employee of the purchasing organization who participates in authorized Courses 1–3 preparation, workshops, discussions, planning sessions, or follow-up activities. A Participant may receive designated participant-facing materials and may receive Limited Participant Access where permitted. A Participant does not receive Facilitator Materials, full Platform Access, independent distribution rights, or access to other role-restricted materials unless expressly authorized.

“Limited Participant Access” means optional named-user Platform Access provided to a designated Participant for specifically identified participant-facing Course 1 or Course 2 videos, content, or materials. Limited Participant Access is subject to the applicable license, Quote, order form, offer description, setup arrangement, or other written authorization. It does not grant Facilitator status, full course access, independent distribution rights, or access to other role-restricted materials.

“Core Team Member” means a named employee of the purchasing organization designated under an active Core Team License to participate in authorized Courses 4–5 functional assessment and operational contingency planning activities within the applicable functional, assessment, or planning scope.

“Assessment Lead” means one of up to three named Core Team Members designated under each Core Team License to coordinate authorized Course 4–5 assessment or planning activities, organize inputs, use assigned planning and consolidation tools, support internal review and handoff activities, and perform other responsibilities assigned to the Assessment Lead role within the applicable licensed scope. One Assessment Lead may also be designated as the Coordinator.

“Coordinator” means an Assessment Lead designated to coordinate administrative or planning activity for a Core Team. The Coordinator role does not create an additional Core Team seat, Assessment Lead designation, Platform Access right, or separate license entitlement.

“Limited Assessment Lead Access” means optional named-user Platform Access provided, at the Licensee’s request and subject to the applicable Quote, order form, setup arrangement, or other written authorization, to up to three designated Assessment Leads under each Core Team License for specifically assigned Course 4 or Course 5 content, templates, guidance, or materials. Limited Assessment Lead Access does not grant Facilitator status, broader Platform Access, additional Core Team seats, additional Assessment Lead designations, or rights beyond the assigned role and licensed scope.

Limited Assessment Lead Access may be subject to setup, provisioning, administrative, or other applicable fees identified in the Quote, order form, or other purchase-specific document.

“Solo License Holder” means a named individual who receives Platform Access under a Solo License for authorized internal planning use within a single organization or permitted Solo business context.

2. License Tiers and Course Access

The BruteMitigator course pathway is organized through the Preparedness, Plans, and Playbooks™ framework. The Team / Trainer License supports Courses 1–3, and the Core Team License supports Courses 4–5, subject to the applicable purchase scope and access requirements.

Unless a separate signed agreement expressly provides otherwise, BruteMitigator courses are self-directed or internally delivered by the purchasing organization using designated Facilitators / Team-Trainers, Participants, Core Team Members, Assessment Leads, and Coordinators. Course 3 includes two internally facilitated workshops. Courses 4–5 are completed through designated Core Teams within the authorized functional, assessment, or planning scope.

Team / Trainer License — Courses 1–3

The Team / Trainer License authorizes internal leadership alignment, participant preparation, facilitated discussion, workshops, and related planning activities for Courses 1–3 within the applicable licensed scope.

Each Team / Trainer License includes:

1. a) up to three named Facilitators / Team-Trainers; and
   b) up to ten internal Participants.

The applicable Quote, checkout page or offer description, order form, or other written authorization may define or modify Facilitator / Team-Trainer counts, Participant counts, Platform Access arrangements, course scope, or other purchase-specific limits.

Core Team License — Courses 4–5

The Core Team License authorizes function-level assessment and operational contingency planning activities for Courses 4–5 within the scope stated in the applicable Quote, checkout page or offer description, order form, or other written authorization.

The applicable scope may be defined by function, department, location, business-critical function, essential supporting activity, assessment area, planning area, or another written scope description.

Each Core Team License includes:

1. a) up to ten named Core Team Members;
   b) within those ten Core Team Members, up to three designated Assessment Leads; and
   c) one Assessment Lead who may also be designated as the Coordinator.

The Coordinator designation does not create an additional Core Team seat, Assessment Lead designation, Platform Access right, or separate license entitlement.

A Core Team License may be purchased or used only by an organization holding an active Team / Trainer License for Courses 1–3, unless SJKargel Consulting, LLC expressly authorizes a different access path in writing.

Courses 4–5 may not be purchased or used on a standalone basis unless expressly authorized in writing by SJKargel Consulting, LLC.

The applicable Quote, checkout page or offer description, order form, or other written authorization may define or modify the number of Core Teams, Core Team Member counts, Assessment Lead designations, functional or assessment scope, Limited Assessment Lead Access, or other purchase-specific limits.

Facilitator Access Across License Tiers

Facilitators designated under an active Team / Trainer License retain the Facilitator access expressly authorized for Courses 1–5 when one or more Core Team Licenses are added for the same purchasing organization.

Facilitator access does not create Core Team membership, Assessment Lead or Coordinator authority, or any broader functional, assessment, planning, distribution, or access right beyond the applicable purchase.

Additional Facilitator access requires an applicable Add-On Facilitator License or other written authorization.

 

3. Add-On License Options

Add-On Facilitator License

An Add-On Facilitator License authorizes one additional named Facilitator / Team-Trainer under an active Team / Trainer License.

The additional Facilitator may receive the Platform Access and Facilitator Materials authorized for that role within the applicable licensed scope.

An Add-On Facilitator License does not increase Participant capacity, create Core Team membership, create Assessment Lead or Coordinator authority, or expand the number or scope of Core Team Licenses.

Add-On Participant Pack — Courses 1–3

An Add-On Participant Pack increases the number of internal Participants permitted to participate in Courses 1–3 under an active Team / Trainer License.

An Add-On Participant Pack does not:

5. a) grant Platform Access unless expressly stated in writing;
   b) grant access to Facilitator Materials;
   c) create Core Team membership;
   d) create Assessment Lead or Coordinator authority; or
   e) grant access to Courses 4–5.

The number of additional Participants included in each Add-On Participant Pack will be stated in the applicable Quote, checkout page or offer description, order form, or other written authorization.

Add-On Core Team Member Pack — Courses 4–5

An Add-On Core Team Member Pack increases the number of named Core Team Members authorized for a defined functional, assessment, or planning scope under an active Core Team License.

The applicable Quote, checkout page or offer description, order form, or other written authorization will state:

1. a) the number of additional Core Team Members;
   b) any additional Assessment Lead designations;
   c) the applicable functional, assessment, or planning scope; and
   d) whether Limited Assessment Lead Access is included for any designated Assessment Leads.

An Add-On Core Team Member Pack does not alter Facilitator limits, Participant limits, or rights applicable to Courses 1–3 unless expressly stated in writing.

General Add-On Rules

Add-on licenses are available only to organizations holding an active base license for the applicable course tier.

An add-on does not create standalone access and does not expand any role, course, Platform Access, distribution, functional, assessment, planning, or other right beyond the scope expressly stated for that add-on.

The applicable Quote, checkout page or offer description, order form, or other written authorization will identify the add-on purchased, the applicable quantity or capacity, the authorized scope, any related Platform Access, and any applicable fees.

 

4. Material Types and Role-Based Distribution

4.1 General Rule

BruteMitigator Materials may be accessed, used, distributed, and screen-shared only by the individuals and roles authorized under the applicable license, this Appendix A, the Course & Product License Agreement, the applicable Quote, checkout page or offer description, order form, add-on, or other written authorization.

Access to one material, course, role, or output does not authorize access to other BruteMitigator Materials, Platform Access, planning tools, consolidation tools, source files, or role-restricted materials.

4.2 Facilitator Materials — Courses 1–3

Facilitator Materials for Courses 1–3 may include Facilitator Guides, Say/Do guides, slides, scripts, briefing materials, checklists, trackers, consolidation tools, scenarios, illustrated examples, and other materials designated for Facilitator / Team-Trainer use.

Authorized Facilitators / Team-Trainers may access and use the Facilitator Materials included in the applicable purchase for Courses 1–3.

Facilitator Materials may not be distributed to Participants, Core Team Members, Assessment Leads, or other recipients unless the specific material is expressly designated or otherwise authorized for broader internal distribution.

Authorized Facilitators / Team-Trainers may screen-share materials within the licensed scope as permitted under the Course & Product License Agreement and this Appendix A.

4.3 Participant-Facing Materials — Courses 1–3

Participant-facing BruteMitigator Materials may include leadership job aids, reflection materials, workshop handouts, approved email templates, assigned worksheets, planning workbooks, and other materials expressly designated for Participant use.

Authorized Facilitators / Team-Trainers may distribute designated participant-facing materials internally to Participants within the applicable licensed scope.

Designated Course 1 or Course 2 videos may be provided to Participants through Limited Participant Access where authorized under the applicable license.

Participants do not receive Facilitator Materials, independent distribution rights, broader Platform Access, or access to other role-restricted materials unless expressly authorized.

4.4 Course 2 BruteMitigator Materials and Consolidation Tools

Course 2 BruteMitigator Materials may include participant-facing worksheets, Business-Critical Function and Essential Supporting Activity planning workbooks, facilitator guidance, designated consolidation tools, and related reference materials.

Authorized Facilitators / Team-Trainers may access and use all Course 2 materials included in the applicable purchase.

Participants may receive and complete only those Course 2 materials expressly designated for Participant use.

Course 2 consolidation tools are role-restricted BruteMitigator Materials and may be accessed and used only by authorized Facilitators / Team-Trainers or other individuals expressly authorized in writing.

Completed or consolidated Course 2 Licensee Outputs may be shared internally by the Licensee with designated leaders, functional leads, executive sponsors, or other authorized recipients for review, coordination, governance, decision-making, and operational awareness.

Receipt of a completed or consolidated output does not authorize access to the underlying consolidation tool or its use to conduct new planning activities.

4.5 Course 3 BruteMitigator Materials

Course 3 BruteMitigator Materials may include Facilitator Guides, Participant Handouts, Say/Do guides, slides, workshop materials, communication-role planning materials, Draft Communication Playbook Templates and supporting materials, gap-to-task materials, and other materials designated for Course 3 use.

Designated Course 3 video content may be screen-shared by an authorized Facilitator / Team-Trainer during the applicable workshop or related internal activity but may not be independently accessed, downloaded, retained, or distributed by Participants unless expressly authorized.

Authorized Facilitators / Team-Trainers may access and use all Course 3 BruteMitigator Materials included in the applicable purchase.

Participants may receive only those Course 3 BruteMitigator Materials expressly designated for Participant use.

Course 3 BruteMitigator Materials may be used for the two internally facilitated workshops and related preparation, follow-up, and planning activities within the licensed scope.

Completed Course 3 Licensee Outputs may be shared internally by the Licensee with functional team members, designated continuity, resilience, or operational leads, operational leaders and their teams, executive sponsors, and other authorized internal recipients for communication planning, coordination, disruption response, and recovery.

4.6 Course 4 BruteMitigator Materials

Course 4 BruteMitigator Materials may include the Course 4 Assessment Workbook, assigned input or work-capture documents, assessment guidance, consolidation guidance and tools, reference materials, and other materials designated for Course 4 use.

Authorized Facilitators / Team-Trainers may access and use all Course 4 BruteMitigator Materials included in the applicable purchase.

Designated Assessment Leads may access and use the Course 4 BruteMitigator Materials authorized for Assessment Lead access under the applicable purchase, setup arrangement, or other written authorization, including applicable planning, coordination, and consolidation materials.

Where Limited Assessment Lead Access is requested and provided, designated Assessment Leads may receive Platform Access to all Course 4 BruteMitigator Materials included within the approved access arrangement.

Core Team Members may receive only those Course 4 BruteMitigator Materials assigned for their participation, input, review, or completion activities.

Course 4 consolidation tools are role-restricted BruteMitigator Materials and may be accessed and used only by authorized Facilitators / Team-Trainers, designated Assessment Leads, or other individuals expressly authorized in writing.

Completed or consolidated Course 4 Licensee Outputs may be shared internally by the Licensee with designated leaders, functional leads, executive sponsors, or other authorized recipients for review, coordination, governance, decision-making, and operational awareness.

Receipt of a completed or consolidated Licensee Output does not authorize access to the underlying consolidation tool or its use to conduct new assessments or planning activities.

4.7 Course 5 BruteMitigator Materials

Course 5 BruteMitigator Materials may include the Planning Tool: Building the Draft Operational Contingency Framework, related worksheets, planning guidance, templates, reference materials, and other materials designated for Course 5 use.

Authorized Facilitators / Team-Trainers may access and use all Course 5 BruteMitigator Materials included in the applicable purchase.

Designated Assessment Leads may access and use the Course 5 BruteMitigator Materials authorized for their role and Core Team under the applicable purchase, setup arrangement, or other written authorization.

Core Team Members may receive only those Course 5 BruteMitigator Materials assigned for their participation, input, review, completion, or operational-use activities.

Completed Course 5 Licensee Outputs may be shared internally by the Licensee with the applicable function’s leadership and team members, designated continuity, resilience, or operational leads, operational leaders and their teams, executive sponsors, and other authorized internal recipients for operational planning, coordination, governance, disruption response, recovery, and maintenance purposes.

The Licensee may also share completed Course 5 Licensee Outputs, or relevant portions of them, with other authorized functions when the Licensee determines that the information may support shared-system awareness, dependency coordination, aligned procedures, related planning, or operational response.

Internal sharing of a completed Course 5 Licensee Output does not authorize the receiving function or recipient to use the output as a substitute for conducting its own authorized assessment or planning activity, to recreate or reuse the underlying BruteMitigator Materials, or to expand the licensed scope.

4.8 Cross-Course and Alignment Materials

A material may be provided across course tiers when BruteMitigator expressly designates it for that purpose.

For example, an approved Course 1–3 leadership or alignment job aid may be provided to designated Assessment Leads or Core Team Members to support Courses 4–5 alignment.

Providing one cross-course material does not grant broader access to the originating course, Facilitator Materials, consolidation tools, or other role-restricted materials.

4.9 Consolidated Outputs and Internal Visibility

Internal sharing of a completed or consolidated Licensee Output does not authorize the recipient to:

1. a) receive or use the underlying BruteMitigator planning tools, consolidation tools, templates, or source materials;
   b) conduct new assessments or planning activities for other functions, departments, locations, or planning areas;
   c) recreate the underlying BruteMitigator structure, methodology, sequencing, or workflow; or
   d) expand the licensed scope beyond the applicable purchase.
2. Internal Distribution and Screen Sharing

BruteMitigator Materials may be distributed internally only within the purchasing organization, only to authorized individuals and roles, and only within the scope of the applicable license, this Appendix A, the Course & Product License Agreement, the applicable Quote, checkout page or offer description, order form, add-on, or other written authorization.

Internal distribution does not authorize posting BruteMitigator Materials to broadly accessible shared drives, open collaboration spaces, unrestricted repositories, public or semi-public channels, or other locations accessible to unauthorized individuals.

Authorized Facilitators / Team-Trainers may screen-share BruteMitigator Materials with employees of the purchasing organization for authorized awareness, education, discussion, facilitation, input, and planning activities within the licensed scope.

Screen sharing does not authorize recipients to download, retain, copy, photograph, record, redistribute, or independently access the displayed BruteMitigator Materials unless separately permitted.

BruteMitigator Materials may not be distributed to contractors, consultants, vendors, customers, regulators, carriers, insurers, legal counsel, cybersecurity providers, technology-recovery providers, or other third parties.

Completed Licensee Outputs may be shared internally by the Licensee as permitted under Section 4 and the Course & Product License Agreement.

A completed, party-specific Licensee Output may be shared externally only during an actual or reasonably imminent disruption, incident response, recovery effort, or related operational crisis, and only to the limited extent permitted under the Course & Product License Agreement or other specific written authorization.

SJKargel Consulting, LLC may authorize broader external sharing for a specific completed document through a printed legend, applicable Quote, delivery notice, or other written authorization. Any such authorization applies only to the identified document, recipient category, and permitted purpose.

The Licensee remains responsible for:

1. determining which internal recipients are authorized to receive BruteMitigator Materials or Licensee Outputs;
2. applying appropriate confidentiality, information-security, legal, regulatory, insurance, and contractual controls;
3. preventing unauthorized copying, access, retention, distribution, or reuse;
4. ensuring that internal or external sharing does not expand the applicable license or create any right to use the underlying BruteMitigator Materials; and
5. maintaining a reasonably current distribution record identifying the individuals or roles that receive BruteMitigator Materials, the material or material category provided, and the date or approximate date of distribution.

BruteMitigator® Course & Product License Agreement

1.     Relationship to Website Terms and Acceptance

This Course & Product License Agreement supplements the BruteMitigator Website Terms of Use and governs paid BruteMitigator courses, products, Platform Access, BruteMitigator Materials, Licensee Outputs, and related authorized use.

Appendix A — License Architecture is incorporated into and forms part of this Agreement. Appendix A identifies license roles, Platform Access rights, user and role limits, internal distribution permissions, screen-sharing permissions, and add-on options.

By clicking to accept this Agreement, creating or using an account, accessing paid course content, receiving or using BruteMitigator Materials, or participating under an organizational license, You agree to this Agreement in the capacity applicable to Your access or participation.

If You purchased or received a Solo License, You accept this Agreement as the Solo License Holder and, where applicable, on behalf of the organization within which the Solo License is used.

If Your access or participation is provided through a license purchased or arranged by an employer or other organization, You accept this Agreement as an Authorized User, Participant, Core Team Member, Assessment Lead, Coordinator, or other authorized recipient, as applicable. Your acceptance does not independently modify or expand the purchasing organization’s license, payment obligations, or rights.

Conflicts among incorporated documents are governed by Section 22.2, Order of Precedence.

2.     Purchase-Specific Documents; Customer Purchase Orders and Other Forms

The applicable signed quote, order form, enrollment confirmation, statement of work, BruteMitigator® Approved Artificial Intelligence (“AI”) Use Addendum (the “AI Addendum”), or other written authorization identifies the purchase-specific courses, products, license scope, access period, user or role limits, Core Teams, materials, services, fees, taxes, and other commercial terms.

Any purchase order, procurement form, vendor-registration form, portal entry, acknowledgment, invoice-processing document, or other document issued or required by the Licensee is accepted solely for administrative convenience. Any additional or conflicting terms contained in such document are rejected and do not modify this Agreement, Appendix A — License Architecture, the applicable quote, or any other agreement signed by SJKargel Consulting, LLC.

Performance, invoicing, acceptance of payment, enrollment, access provisioning, delivery of materials, or response to a purchase order does not constitute acceptance of any additional or conflicting Licensee terms.

Any change to the applicable purchase-specific terms must be expressly agreed in a writing signed or electronically accepted by authorized representatives of both parties.

3.     Educational Purpose, Scope, and Customer Responsibility

BruteMitigator courses, products, materials, tools, templates, worksheets, videos, guides, job aids, examples, frameworks, and related resources are provided for educational and internal planning purposes.

BruteMitigator does not provide legal, compliance, cybersecurity, IT disaster-recovery, insurance, audit, certification, readiness-validation, project-management, implementation-management, or other regulated professional advisory services through ordinary course or product access.

BruteMitigator does not review, approve, audit, certify, validate, or guarantee the purchasing organization’s plans, outputs, procedures, readiness, controls, operational capabilities, or results unless a separate signed agreement expressly provides a defined service. Any separately purchased support remains limited to the scope stated in that agreement.

The purchasing organization remains responsible for its own information, assumptions, priorities, decisions, approvals, governance, implementation, testing, maintenance, remediation, storage, security, and use of outputs.

BruteMitigator Materials do not guarantee operational continuity, business continuity, system availability, restoration timing, risk reduction, compliance, insurance coverage, claim outcomes, or business performance during or after a disruption.

Use of BruteMitigator courses, products, platform access, or materials does not create an attorney-client, auditor, insurer, cybersecurity, IT-recovery, business-continuity, fiduciary, or other regulated professional-client relationship.

4.     License Grant and License-Based Access

Subject to payment of applicable fees and compliance with this Agreement, SJKargel Consulting, LLC d/b/a BruteMitigator® grants the Licensee a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the courses, products, platform content, and materials included in the applicable purchase solely:

1. within the authorized licensed organization or permitted Solo business context;
2. for internal educational, planning, facilitation, governance, operational-coordination, and maintenance purposes;
3. during the applicable access or license term; and
4. within the role, user, course, function, Core Team, assessment, distribution, and other scope limits stated in Appendix A, the applicable offer, quote, order form, add-on, or written authorization.

BruteMitigator Materials are licensed, not sold. No ownership interest is transferred.

Access and use rights are determined by the applicable license, assigned role, and written authorization. Participation in a meeting, workshop, discussion, or planning activity—or receipt of one permitted material—does not grant access to other courses, materials, platform areas, roles, tools, files, or distribution rights.

Supplemental Planning Aids, Editable Working Tools, source-format or unlocked materials, and other special-use materials are not included in ordinary course or product access. BruteMitigator may, but is not required to, provide specific special-use materials from time to time. Approved organizational AI use requires a separate signed AI Addendum or other express written authorization.

The Licensee may not assign, transfer, sublicense, resell, or extend the license to another organization, affiliate, customer, vendor, consultant, or third party except where expressly permitted in writing.

5.     Platform Access and Authorized Users

Platform Access means access to BruteMitigator course content, videos, materials, platform areas, or functions through the BruteMitigator website or another authorized delivery platform using credentials assigned to a named individual.

Each Platform Access account is personal, confidential, and non-transferable. Credentials may not be shared. An individual may access only the courses, videos, materials, platform areas, and functions authorized for that individual under the applicable license, assigned role, Appendix A — License Architecture, and applicable purchase-specific documents.

Authorized Users may include:

1. a) Solo License Holders;
   b) Facilitators / Team-Trainers;
   c) Participants who receive Limited Participant Access to designated Course 1 or Course 2 videos or other expressly participant-facing content; and
   d) designated Assessment Leads who receive Limited Assessment Lead Access to assigned Course 4 or Course 5 content or materials at the Licensee’s request.

Not every Participant, Core Team Member, Assessment Lead, contributor, or other internal participant receives Platform Access. Individuals who receive BruteMitigator Materials without Platform Access remain subject to the applicable role, use, distribution, expiration, deletion, and other requirements under this Agreement and Appendix A.

The purchasing organization is responsible for identifying its Authorized Users and other authorized recipients, maintaining appropriate role-assignment and distribution records, assigning individuals only to permitted roles, and ensuring that they comply with the applicable license.

The applicable access period is the period stated in the signed Quote, order form, enrollment confirmation, checkout page or offer description, or other purchase-specific written authorization. Access begins on the enrollment or access-grant date stated for the purchase unless otherwise specified in writing.

Access periods do not automatically extend, stack, accumulate, renew, or restart. Role-specific Platform Access, material access, distribution permissions, screen-sharing permissions, seat limits, and optional access arrangements are stated in Appendix A — License Architecture.

6.     Course Pathway and Purchase Scope

BruteMitigator courses and products support an educational and internal planning pathway for individuals and organizations. The specific courses, products, licenses, roles, access periods, Core Teams, materials, and services included in the Licensee’s purchase are those stated in the applicable signed quote, order form, enrollment confirmation, or other purchase-specific written authorization.

Preparedness, Plans, and Playbooks™ Framework. The BruteMitigator course pathway is organized through the Preparedness, Plans, and Playbooks™ framework, a structured educational and planning approach designed to help individuals think through disruption-related responsibilities and planning needs, and to help organizations move from leadership preparedness and internal alignment into business-defined priorities, communication planning, functional assessment, and operational contingency planning. The framework includes BruteMitigator’s proprietary structure, sequencing, terminology, instructional design, planning methods, and related Original Materials.

Course 1 — Buy-In Builder™ supports leadership awareness, engagement, sponsorship, and preparation to begin structured internal disruption planning.

Course 2 — Identify Business-Critical Functions supports identification and alignment regarding business-critical functions, essential supporting activities, dependencies, and directional planning priorities.

Course 3 — Define Roles and Build Communication Playbooks supports internal communication-role planning, information flow, coordination, and development of a Draft Communication Playbook through internally facilitated activities.

Course 4 — Assess Business-Critical Functions supports function-level assessment of systems, information, dependencies, restoration considerations, gaps, and risks through designated Core Teams.

Course 5 — Build Operational Contingency Frameworks supports development of function-level operational contingency planning materials, including operational direction, preparatory actions, reconciliation considerations, and live-use operational references.

Videos, Downloadable Documents, and Tools. Depending on the applicable purchase, courses and products may include selected videos, platform-based instructional content, downloadable guides, workbooks, worksheets, fillable PDFs, planning tools, checklists, job aids, slide decks, scripts, trackers, consolidation workbooks, reference materials, and other designated documents. Solo purchases may include only the selected content and materials identified for the applicable Solo course or product. Team / Trainer and Core Team purchases may include broader role-based materials and internal distribution rights as stated in the applicable quote or offer, this Agreement, and Appendix A — License Architecture.

Courses and products are designed for internal use and, unless a separate signed agreement expressly provides otherwise, are self-directed or self-delivered through internal facilitation by the Licensee. BruteMitigator may provide limited product support, generally by email, regarding access, navigation, downloads, and use of the purchased materials. Educational or planning guidance may also be provided through optional subscriber communications. Product support and subscriber communications do not constitute facilitated delivery, coaching, consulting, implementation management, output review, validation, certification, or other professional services. Coaching, consulting, or facilitated delivery may be available separately for an additional fee under a signed quote or statement of work. BruteMitigator does not validate, certify, audit, approve, or guarantee the Licensee’s plans, outputs, readiness, controls, or results.

Course descriptions identify intended educational and planning purposes. They do not guarantee completion of a particular output or outcome and do not expand the Licensee’s access, distribution, ownership, artificial-intelligence use, third-party use, or other rights beyond this Agreement, Appendix A — License Architecture, and the applicable purchase-specific documents.

7.     BruteMitigator Materials

“BruteMitigator Materials” means Original Materials, Supplemental Planning Aids, Editable Working Tools, and any other lessons, content, materials, tools, files, or resources provided by or on behalf of SJKargel Consulting, LLC in connection with a BruteMitigator course, product, license, support activity, or other authorized use.

7.1      Original Materials

“Original Materials” means all BruteMitigator and SJKargel Consulting, LLC content and materials provided, displayed, downloaded, distributed, or otherwise made available in connection with any course, product, license, support activity, or other authorized use.

Original Materials may include, without limitation, lessons, videos, platform content, course text, guides, Facilitator Materials, Participant Materials, Assessment Lead materials, Core Team materials, workbooks, worksheets, fillable PDFs, planning tools, checklists, job aids, slide decks, scripts, prompts, trackers, consolidation workbooks, formulas, illustrative scenarios and examples, templates, frameworks, reference materials, and related instructional or supporting materials.

Original Materials also include the underlying BruteMitigator structure, sequencing, terminology, instructional design, planning methods, prompts, field labels, formulas, facilitation approach, and other proprietary elements reflected in or used to develop those materials.

Original Materials include blank, partially completed, protected, fillable, downloaded, printed, displayed, screen-shared, copied, or otherwise delivered versions of those materials, except to the extent that company-specific content qualifies as a Licensee Output under Section 8.

7.2      Supplemental Planning Aids

“Supplemental Planning Aids” means planning-support materials that BruteMitigator may provide outside or in addition to ordinary course materials to support the Licensee’s internal education, facilitation, implementation, executive or board discussion, project coordination, operational planning, risk discussion, or decision support. Supplemental Planning Aids may include certain discussion, reference, decision-support, risk, roadmap, dashboard, or similar planning-support materials expressly identified by BruteMitigator as Supplemental Planning Aids.

A standard course checklist, job aid, workbook, worksheet, or other ordinary course material does not become a Supplemental Planning Aid merely because it supports planning. A material becomes a Supplemental Planning Aid only when BruteMitigator expressly identifies it as such.

7.3      Editable Working Tools

“Editable Working Tools” means special-use materials intentionally provided by BruteMitigator in unlocked or editable format to support authorized internal implementation, tracking, coordination, roadmap development, dashboard use, or similar working activities. Editable Working Tools may include certain implementation, tracking, roadmap, dashboard, or similar working materials expressly identified by BruteMitigator as Editable Working Tools.

A document does not become an Editable Working Tool merely because the Licensee can view, print, complete, fill in, annotate, discuss, or use it during planning. A material becomes an Editable Working Tool only when BruteMitigator intentionally provides it in unlocked or editable format and expressly identifies it as such.

7.4      Additional or Special-Use Materials

Supplemental Planning Aids and Editable Working Tools are BruteMitigator Materials and remain subject to this Agreement. They are not included in ordinary course or product access.

From time to time, BruteMitigator may provide Supplemental Planning Aids, Editable Working Tools, or other special-use materials outside or in addition to the standard materials included in a course or product. These materials may support internal implementation, project coordination, executive or board discussion, risk discussion, tracking, roadmap development, document control, or other authorized planning activities.

Providing one Supplemental Planning Aid or Editable Working Tool does not create a right to receive other special-use materials.

7.5      Permitted Internal Use

Subject to payment of applicable fees and compliance with this Agreement, the Licensee may access and use the BruteMitigator Materials included in the applicable purchase or otherwise expressly provided only within the licensed organization or permitted Solo business context, only for authorized internal educational, planning, facilitation, assessment, coordination, governance, operational, and maintenance purposes, and only within the applicable course, role, seat, Participant, Core Team, functional, assessment, distribution, and other scope limits.

BruteMitigator Materials may be viewed, streamed, downloaded, printed, completed, displayed, screen-shared, or distributed internally only by or to individuals and roles authorized under this Agreement, Appendix A — License Architecture, and the applicable purchase-specific documents or written authorization.

Access to or permission to use one course, video, document, tool, material category, or role-restricted resource does not authorize access to or use of other courses, materials, platform areas, tools, files, roles, or distribution rights.

The Licensee may use an expressly provided Supplemental Planning Aid or Editable Working Tool only for the authorized internal purpose for which it was provided. The Licensee may complete, update, customize, and maintain an Editable Working Tool within that stated purpose, but may not use its editable format to recreate, extract from, repurpose, or develop other BruteMitigator-based templates, tools, systems, courses, or services.

Permission to edit or complete a material does not create ownership of the underlying BruteMitigator structure, field design, sequencing, formulas, methodology, or other proprietary elements.

Product support does not expand the applicable license or authorize use beyond the purchased scope.

 

7.6      Ownership and License Status

All BruteMitigator Materials, including Original Materials, Supplemental Planning Aids, and Editable Working Tools, remain the exclusive property of SJKargel Consulting, LLC or its applicable licensors. They are licensed, not sold, and no ownership interest is transferred to the Licensee.

BruteMitigator Materials include blank, partially completed, protected, fillable, editable, downloaded, printed, displayed, screen-shared, copied, or otherwise delivered versions of those materials, except to the extent that company-specific content qualifies as a Licensee Output under Section 8.

7.7      Prohibited Uses

Except as expressly permitted under this Agreement, Appendix A — License Architecture, an applicable purchase-specific document, or other written authorization from SJKargel Consulting, LLC, the Licensee and its Facilitators / Team-Trainers, Authorized Users, Participants, Core Team Members, Assessment Leads, Coordinators, employees, and other persons who receive, access, view, or use BruteMitigator Materials under the Licensee’s authority may not:

1. copy, reproduce, republish, post, upload, transmit, distribute, sell, resell, sublicense, rent, lend, publish, or otherwise make Original Materials available outside the licensed scope;
2. share platform credentials or permit unauthorized platform access;
3. distribute role-restricted materials to individuals who are not authorized to receive them;
4. use Facilitator Materials, Participant Materials, Assessment Lead materials, Core Team materials, Supplemental Planning Aids, Editable Working Tools, source-format files, or other restricted materials beyond the permissions expressly granted for those materials;
5. remove, alter, conceal, or obscure copyright, trademark, attribution, confidentiality, license, or proprietary notices;
6. extract, separate, repurpose, reuse, reconstruct, or reproduce BruteMitigator templates, prompts, field labels, formulas, structure, sequencing, instructional design, planning methods, methodology, or facilitation approach to create new standalone or reusable templates, tools, frameworks, instructional materials, systems, or services, except for permitted completion, maintenance, refinement, testing, exercise, operational use, and creation of attributed derivative internal materials expressly allowed under Section 8;
7. use Original Materials to provide external consulting, coaching, training, facilitation, assessment, managed services, certification, or other services to third parties;
8. create, market, license, sell, or support a competing or substitute course, product, template, framework, planning system, software tool, automated system, or service;
9. reverse engineer, decompile, unlock, bypass protections, remove restrictions, or attempt to obtain unauthorized editable or source-format versions of protected materials;
10. use Original Materials with artificial intelligence or automated systems except as expressly permitted under Section 9 and an applicable signed AI Addendum or other written authorization; or
11. use Original Materials beyond the applicable term, assigned role, authorized course, function, Core Team, seat count, Participant count, assessment scope, or other license limit.

7.8      Internal Distribution and Screen Sharing

Internal distribution permissions are material-specific and role-specific. The Licensee may distribute BruteMitigator Materials only to individuals and roles permitted under Appendix A — License Architecture or the applicable purchase-specific documents.

Screen sharing of course content and BruteMitigator Materials among employees of the purchasing organization is permitted for authorized internal awareness, education, discussion, facilitation, and planning activities within the licensed scope. Screen sharing does not authorize recipients to download, retain, copy, photograph, record, redistribute, or independently access the displayed materials unless separately permitted.

Internal distribution does not permit posting materials to broadly accessible internal systems, unrestricted shared drives, open collaboration spaces, public or semi-public channels, or repositories accessible to unauthorized individuals.

7.9      Sub-Group Leaders and Other Internal Contributors

Sub-group leaders who are designated Core Team Members may receive and use those materials authorized for their assigned role and activity under Appendix A — License Architecture. Designation as a sub-group leader does not grant Assessment Lead status, Facilitator status, full Platform Access, or access to all Course 4–5 materials.

Other internal contributors may provide information or participate in planning activities and may receive only those materials or portions of materials permitted for their assigned purpose. Participation or contribution does not independently grant Platform Access, broader distribution rights, ownership of BruteMitigator Materials, or authority to retain or reuse role-restricted materials.

The Licensee remains responsible for ensuring that individuals who receive or use BruteMitigator Materials comply with this Agreement.

8.     Licensee Outputs, Continued Internal Use, Derivative Internal Materials, and Attribution

8.1      Licensee Outputs

“Licensee Outputs” means completed or substantially completed internal work product created by or for the Licensee through authorized use of BruteMitigator Materials.

Licensee Outputs may include, without limitation, completed worksheets, organization-specific assessments, summaries, decisions, procedures, assignments, communication records, planning records, playbooks, Draft Communication Playbooks, operational contingency frameworks, preparatory-action records, reconciliation records, live-use documents, and other completed company-specific outputs.

A blank, substantially blank, uncompleted, reusable, or primarily instructional BruteMitigator Material does not become a Licensee Output merely because it has been downloaded, printed, copied, renamed, stored, lightly edited, or populated with limited information.

8.2      Ownership of Licensee Content and BruteMitigator Elements

As between the parties, the Licensee owns its company-specific information, decisions, procedures, assignments, operational details, and original content contained in Licensee Outputs.

SJKargel Consulting, LLC retains all ownership rights in the BruteMitigator Materials and in the underlying templates, tools, frameworks, structure, field design, prompts, terminology, formulas, sequencing, instructional design, planning methods, methodology, facilitation approach, source materials, and other proprietary elements reflected in or used to create Licensee Outputs.

Ownership of a Licensee Output does not transfer ownership of, or create an independent license to, any underlying BruteMitigator Material or proprietary element.

8.3      Use During the Active License Term

During the applicable license term, the Licensee may complete, fill in, revise, combine, organize, maintain, and use BruteMitigator Materials and Licensee Outputs for authorized internal educational, planning, facilitation, assessment, coordination, document-control, operational, governance, and disruption-response purposes within the licensed scope.

The Licensee may create derivative internal materials from completed or substantially completed Licensee Outputs when reasonably necessary for authorized internal use, provided that the derivative material:

1. is based primarily on the Licensee’s company-specific information, decisions, procedures, assignments, and operational content;
2. does not reproduce or function as a blank or reusable BruteMitigator template, tool, framework, lesson, instructional resource, or course-delivery material;
3. is used only within the licensed organization and applicable licensed scope;
4. retains required attribution and proprietary notices; and
5. is not used to create a competing or substitute product, course, service, system, or methodology.

 

8.4      Continued Internal Use After Expiration or Termination

After expiration or termination, the Licensee may retain completed or substantially completed Licensee Outputs and may continue to use, update, refine, test, exercise, maintain, and rely on those outputs indefinitely for the functions, business-critical functions, essential supporting activities, planning areas, and operational purposes covered by those outputs, subject to the retained-output limits in this Agreement.

The Licensee may conduct internal workshops, exercises, tabletop discussions, reviews, and training based on retained completed Licensee Outputs, provided that it does not continue delivering a BruteMitigator course, use BruteMitigator Materials, or recreate BruteMitigator templates, instructional content, framework, sequencing, methodology, or facilitation approach.

Completed live-use documents may be edited, updated, refined, reduced, or expanded for continued internal operational use, including during an actual or reasonably anticipated disruption. The Licensee may retain relevant company content, remove obsolete information, and add company-specific procedures, decisions, assignments, and response details.

Continued use of a retained Licensee Output does not permit the Licensee to convert it into a blank or reusable BruteMitigator template, use it to recreate or develop other BruteMitigator-based templates, reproduce the underlying BruteMitigator structure for new functions or planning areas, continue course delivery, conduct new licensed assessments, or create new BruteMitigator-based planning tools or outputs outside the retained document.

8.5      Limits on Derivative Internal Materials and Retained Outputs

Licensee Outputs and derivative internal materials may not be used to:

1. reproduce or distribute blank or substantially blank BruteMitigator Materials;
2. create new blank or reusable BruteMitigator-based templates, tools, frameworks, assessments, planning systems, instructional materials, or outputs outside the licensed scope;
3. extract, repurpose, or recreate BruteMitigator prompts, field labels, formulas, structure, sequencing, instructional design, planning methods, methodology, or facilitation approach;
4. provide consulting, coaching, training, facilitation, assessment, managed services, or other services to third parties;
5. train persons outside the Licensee’s organization;
6. create, market, license, sell, or support a competing or substitute product, course, service, template, planning system, software tool, or automated system; or
7. continue an activity that requires access to BruteMitigator Materials or an active license.

8.6      Attribution

All derivative internal materials and retained completed Licensee Outputs that materially incorporate or remain based on BruteMitigator Materials must retain an appropriate attribution notice.

The full attribution is:

“Developed using BruteMitigator materials and the Preparedness, Plans, and Playbooks™ framework, provided under license by SJKargel Consulting, LLC.”

For live-use documents where space or operational format makes the full attribution impractical, the following short-form attribution may be used:

“Prepared using BruteMitigator materials under license from SJKargel Consulting, LLC.”

The Licensee may not remove, conceal, alter, or obscure required attribution or proprietary notices.

Attribution does not mean that BruteMitigator or SJKargel Consulting, LLC reviewed, approved, certified, audited, endorsed, validated, verified, or guaranteed the Licensee Output, derivative internal material, plan, procedure, readiness, controls, or operational capability.

8.7      Limited External Sharing During Disruption

A completed, party-specific Licensee Output may be shared with an external customer, vendor, carrier, service provider, or other named counterparty only during an actual or reasonably imminent disruption, incident response, recovery effort, or related operational crisis, and only to the extent reasonably necessary for immediate coordination, escalation, handoff, workaround execution, service continuation, or recovery.

Any shared document must contain only the information reasonably necessary for that purpose and must not include blank templates, lessons, instructional content, Facilitator Materials, reusable frameworks, methodology, or other BruteMitigator Materials beyond what is embedded in the completed party-specific output.

SJKargel Consulting, LLC may authorize broader or different sharing for a specific document through a printed legend, addendum, quote, or other written authorization. Any such authorization applies only to the identified document, recipient category, and purpose.

9.     Artificial Intelligence and Automated Systems

9.1 Default Restriction

Except as expressly permitted under a signed BruteMitigator® Approved Artificial Intelligence (“AI”) Use Addendum or other written authorization issued by SJKargel Consulting, LLC, the Licensee and persons acting under the Licensee’s authority may not upload, submit, paste, transmit, ingest, process, analyze, summarize, index, embed, store, retrieve through, or otherwise use BruteMitigator Materials or Licensee Outputs in or with any artificial-intelligence, generative-AI, chatbot, document-intelligence, knowledge-management, automated workflow, decision-support, machine-learning, or similar automated system.

9.2 Solo Licenses

Solo Licenses do not include permission to use BruteMitigator Materials or Licensee Outputs with artificial intelligence or automated systems.

The availability of a private, paid, enterprise, internally approved, or locally hosted tool does not create AI-use permission for a Solo License Holder.

9.3 Organizational AI Use

Organizational AI use is permitted only to the extent authorized under a signed AI Addendum or other written authorization issued by SJKargel Consulting, LLC.

Unless separately authorized in writing, the AI Addendum permits approved organizational AI use of eligible completed or substantially completed Licensee Outputs only and does not authorize AI use of BruteMitigator Materials.

Expiration of the underlying course or product license does not automatically end approved AI use of eligible retained Licensee Outputs where the AI Addendum permits continued use. Expiration does not continue Platform Access, permit AI use of BruteMitigator Materials, permit new licensed assessments, or allow creation of new BruteMitigator-based planning tools or outputs outside the retained documents.

9.4 No Expansion of Rights; AI Addendum Controls

Approved AI use does not expand the Licensee’s right to access, copy, download, retain, edit, distribute, or share BruteMitigator Materials; create new BruteMitigator-based tools, templates, assessments, or outputs outside the licensed scope; conduct new licensed assessments; continue course delivery; or provide external services.

The signed AI Addendum or other written authorization governs the permitted approved AI use. If there is a conflict between this Section 9 and a signed AI Addendum concerning approved AI use, the AI Addendum controls only for that approved AI use. All other restrictions in this Agreement remain in effect.

10.  Suspension, Termination, Expiration, and Effect

10.1 Suspension of Access

SJKargel Consulting, LLC may suspend all or part of the Licensee’s Platform Access, delivery of materials, product support, or other licensed rights if the Licensee or a person acting under the Licensee’s authority:

1. fails to pay an amount when due;
2. shares credentials or provides unauthorized Platform Access;
3. exceeds applicable role, seat, Participant, Core Team, functional, access, distribution, or license limits;
4. copies, distributes, uploads, modifies, or uses BruteMitigator Materials outside the licensed scope;
5. violates the artificial-intelligence restrictions in Section 9 or an applicable AI Addendum;
6. uses the courses, products, or materials unlawfully or in a manner that may impair BruteMitigator’s intellectual-property, security, platform, or contractual rights; or
7. otherwise materially breaches this Agreement, Appendix A — License Architecture, an applicable AI Addendum, or another purchase-specific agreement.

A suspension may apply to the Licensee’s entire license or only to the affected Authorized User, role, course, product, Core Team, material, permission, or access arrangement.

Except where immediate suspension is reasonably necessary, BruteMitigator will provide written notice of the basis for suspension and a reasonable opportunity to cure a curable breach. Immediate suspension may occur where reasonably necessary to address unauthorized access, credential sharing, copying, distribution, prohibited artificial-intelligence use, security concerns, intellectual-property misuse, fraud, unlawful conduct, or other material risk.

Suspension does not extend the applicable access period, create a right to continued access, or relieve the Licensee of payment or other obligations unless BruteMitigator expressly agrees otherwise in writing.

10.2 Termination for Breach

SJKargel Consulting, LLC may terminate the applicable license, purchase, or authorization by written notice if:

1. the Licensee fails to pay an amount when due and does not cure the failure within any applicable period stated in the Quote, invoice, or written notice;
2. the Licensee or an individual acting under its license materially breaches this Agreement or an incorporated document and does not cure the breach within the reasonable period stated in BruteMitigator’s written notice;
3. the breach cannot reasonably be cured;
4. the Licensee engages in material unauthorized copying, distribution, resale, sublicensing, credential sharing, artificial-intelligence use, extraction, reconstruction, competitive use, or external service delivery involving BruteMitigator Materials;
5. continued performance or access would violate applicable law, sanctions, platform requirements, or third-party rights; or
6. the Licensee becomes insolvent, ceases ordinary business operations, files or becomes subject to bankruptcy or similar proceedings, or makes an assignment for the benefit of creditors, to the extent termination is permitted by applicable law.

Termination may apply to the entire license or only to the affected course, product, role, Authorized User, Core Team, material, permission, or access arrangement.

10.3 Expiration

A license expires automatically at the end of the applicable access or license term unless renewed, extended, or replaced through a new purchase or written authorization. Expiration is not a breach and does not require separate notice.

Expiration ends:

1. Platform Access;
2. the right to download additional BruteMitigator Materials;
3. continued course delivery or facilitation using BruteMitigator Materials;
4. continued distribution or reuse of BruteMitigator Materials;
5. new BruteMitigator-based assessments or planning activities; and
6. other activities requiring an active license.

Expiration does not prevent the Licensee from retaining and using completed or substantially completed Licensee Outputs to the extent permitted under Section 8.

10.4 Required Discontinuation, Deletion, and Destruction

Upon expiration or termination, the Licensee must stop using and must delete or destroy all BruteMitigator Materials that it is not expressly permitted to retain under this Agreement or a separate written authorization.

This requirement includes, without limitation, blank or substantially blank templates, uncompleted or partially completed tools, Facilitator Materials, Participant Materials, Assessment Lead materials, Core Team materials, guides, lessons, videos, slides, scripts, checklists, job aids, protected or fillable PDFs, planning workbooks, consolidation tools, source-format files, Supplemental Planning Aids, Editable Working Tools, downloaded platform content, unauthorized copies, and printed or stored copies not expressly authorized for continued retention.

The Licensee must take reasonable steps to discontinue access by Authorized Users and other recipients and to remove unauthorized copies within its possession or control.

The deletion and destruction requirements do not apply to completed or substantially completed Licensee Outputs that may be retained under Section 8. Retention of a Licensee Output does not authorize retention or recreation of the underlying BruteMitigator Materials, templates, prompts, sequencing, planning methods, or facilitation approach.

A specific BruteMitigator Material may be retained after expiration only when SJKargel Consulting, LLC expressly authorizes continued retention in writing.

Where artificial-intelligence use has been authorized, discontinuation, deletion, retention, backup, and related system-artifact obligations are governed by the applicable AI Addendum or other written authorization.

10.5 Confirmation of Deletion

BruteMitigator does not ordinarily require written confirmation of deletion following routine expiration of a license.

Upon reasonable written request, the Licensee must provide written confirmation that required deletion or destruction has been completed where:

1. a) the license or authorization was terminated for breach;
   b) BruteMitigator reasonably believes that unauthorized copying, distribution, artificial-intelligence use, source-file access, credential sharing, or other material misuse may have occurred; or
   c) confirmation is reasonably necessary to verify compliance with a specific deletion obligation under this Agreement, an applicable AI Addendum, or another written authorization.

A deletion confirmation does not require disclosure of the Licensee’s confidential operational information. It may identify the general categories of BruteMitigator Materials removed and confirm that reasonable steps were taken to discontinue unauthorized access, use, storage, and distribution.

10.6 No Refund Following Suspension or Termination for Breach

Suspension or termination resulting from non-payment, license overuse, unauthorized sharing, prohibited artificial-intelligence use, intellectual-property misuse, unlawful conduct, or another material breach does not entitle the Licensee to a refund, credit, extension, or other reimbursement, except where required by law.

Team / Trainer, Core Team, organizational, add-on, and other quoted license purchases are nonrefundable upon acceptance and, in all events, after onboarding begins, access is provisioned, materials are released, or services commence.

Solo purchases may qualify for a refund only within seven calendar days of purchase and only if the applicable course or product has not been substantially accessed, downloaded, or used.

Refunds may also be issued for a duplicate payment, billing error, BruteMitigator’s inability to provide the purchased access, or where required by law.

Termination for breach does not revive or expand any refund right that has expired or is otherwise unavailable under this Agreement or the applicable purchase terms.

10.7 Survival

Expiration, suspension, or termination does not affect obligations or rights that by their nature should continue, including provisions concerning ownership and intellectual property, prohibited uses, Licensee Outputs and attribution, retained-output limitations, artificial-intelligence restrictions, deletion and destruction, confidentiality or protected nonpublic information, payment obligations accrued before expiration or termination, disclaimers, limitations of liability, indemnification, governing law and dispute resolution, purchase-order conflicts, amendments, no third-party beneficiaries, and survival.

 

11.  Disclaimers and No Warranties

11.1   “As Is” and “As Available”

BruteMitigator courses, products, Platform Access, BruteMitigator Materials, product support, examples, illustrative scenarios, and related resources are provided on an “as is” and “as available” basis to the fullest extent permitted by law.

SJKargel Consulting, LLC does not warrant that:

1. Platform Access or course content will be uninterrupted, continuously available, secure, or error-free;
2. every feature, file, video, download, fillable field, formula, or third-party platform function will operate without interruption or technical issue;
3. defects or errors will always be corrected;
4. the courses, products, materials, examples, or guidance will meet every Licensee requirement or internal policy;
5. use of the courses, products, BruteMitigator Materials, or Licensee Outputs will prevent a disruption or produce any particular planning, operational, financial, legal, regulatory, insurance, recovery, or business result; or
6. any Licensee Output will be complete, current, accurate, suitable, approved, or effective for the Licensee’s particular organization, systems, operations, customers, obligations, or disruption circumstances.

11.2   Disclaimer of Implied Warranties

To the fullest extent permitted by law, SJKargel Consulting, LLC disclaims all express, implied, statutory, and other warranties not expressly stated in a signed written agreement, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, completeness, uninterrupted access, and results.

Nothing in this Agreement excludes or limits any warranty that cannot lawfully be excluded or limited.

11.3   Licensee Responsibility for Inputs and Outputs

Licensee Outputs depend on the information, assumptions, participation, judgment, decisions, and internal review provided by the Licensee and its personnel.

The Licensee is solely responsible for evaluating:

1. the accuracy and completeness of its inputs;
2. whether appropriate stakeholders and technical owners were involved;
3. whether assumptions remain current;
4. whether proposed workarounds are lawful, safe, feasible, appropriately controlled, and consistent with internal policies;
5. whether information contained in outputs requires protection or restricted access;
6. whether outputs should be reviewed by legal, compliance, cybersecurity, IT, insurance, risk, safety, finance, human resources, or other qualified personnel; and
7. whether outputs remain suitable as circumstances, systems, personnel, obligations, and business operations change.

11.4   Illustrative Scenarios and Examples

Illustrative scenarios, sample language, examples, model entries, suggested prompts, and other demonstrations are provided solely to support education and discussion. They are not complete instructions, required responses, representations of actual conditions, or recommendations for a particular Licensee.

The Licensee must evaluate whether any example is appropriate before adapting or using it.

11.5   Third-Party Platforms and Technology

BruteMitigator may use third-party platforms, hosting services, payment processors, communication tools, document technologies, or other service providers to deliver courses, products, access, or support. SJKargel Consulting, LLC does not control and is not responsible for the uninterrupted operation, independent terms, security practices, changes, or failures of those third-party services.

BruteMitigator may provide reasonable assistance, alternate access, or an access adjustment where appropriate, but does not guarantee that every third-party feature or delivery method will remain available.

12.  Limitation of Liability

12.1   Excluded Damages

To the fullest extent permitted by law, SJKargel Consulting, LLC and its owners, officers, employees, contractors, agents, licensors, and service providers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages arising out of or relating to this Agreement, the courses, products, Platform Access, BruteMitigator Materials, product support, Licensee Outputs, or their use or inability to be used.

This exclusion includes, without limitation, loss of revenue, profits, business opportunities, contracts, customers, goodwill, anticipated savings, use, data, operations, productivity, or business continuity; costs of substitute services; system downtime; operational delay; regulatory or contractual consequences; and claims by customers, vendors, carriers, employees, or other third parties, whether or not such damages were foreseeable or SJKargel Consulting, LLC was advised of their possibility.

12.2   Aggregate Liability Cap

To the fullest extent permitted by law, the total aggregate liability of SJKargel Consulting, LLC arising out of or relating to a particular Quote, order, enrollment, or direct purchase—including the courses, products, licenses, Platform Access, BruteMitigator Materials, Licensee Outputs, onboarding, product support, add-ons, and other items provided under that purchase—will not exceed the lesser of:

1. the total amount actually paid to SJKargel Consulting, LLC under that particular Quote, order, enrollment, or direct purchase; or
2. US$10,000, whichever is lower.

This is a single aggregate cap for all claims arising out of or relating to that purchase. It applies collectively regardless of:

1. the number of claims, causes of action, losses, or alleged breaches;
2. the number of persons or entities asserting claims;
3. whether claims are brought by the Licensee, an Authorized User, Participant, Core Team Member, Assessment Lead, employee, affiliate, customer, vendor, carrier, or another person claiming through or in connection with the Licensee;
4. whether claims are asserted at the same time or at different times;
5. whether the claims arise in contract, tort, negligence, strict liability, statute, or another legal theory; or
6. whether any limited remedy fails of its essential purpose.

Multiple claims arising from the same or related facts, circumstances, events, courses, products, materials, outputs, access arrangements, or alleged acts or omissions will be treated as a single aggregated matter for purposes of this cap.

The cap applies separately to each distinct signed Quote, order, enrollment, or direct purchase. Separate claims under the same purchase do not create separate liability caps. Renewal, extension, add-on, or expansion fees do not create an additional liability cap unless they are documented as a separate purchase under a separate signed Quote or order.

Liability arising from separately purchased consulting, coaching, facilitated delivery, Guided Implementation Support, or other professional or advisory services is governed by the applicable Consulting Services Agreement or statement of work and is not added to the liability cap applicable to the licensed course or product purchase.

12.3   Allocation of Risk

The fees charged for BruteMitigator courses, products, licenses, and services reflect the allocation of risk stated in this Agreement. The limitations in this Section apply even if a limited remedy fails of its essential purpose.

12.4   Non-Excludable Liability

Nothing in this Agreement excludes or limits liability to the extent that such liability cannot lawfully be excluded or limited.

12.5   Time Limit to Bring Claims

To the fullest extent permitted by law, any claim, action, or proceeding arising out of or relating to a particular Quote, order, enrollment, direct purchase, course, product, or license must be commenced within one year after the claim or cause of action arose, but in no event later than two years after the date of the applicable purchase.

A renewal, extension, add-on, or expansion does not restart or extend the period applicable to an earlier purchase. A claim arising specifically from a later renewal, extension, add-on, or expansion is subject to its own claim period measured from that later purchase.

Any claim not commenced within the applicable period is permanently barred, except to the extent a different period is required and cannot lawfully be modified.

13.  Indemnification

To the fullest extent permitted by law, the Licensee will defend, indemnify, and hold harmless SJKargel Consulting, LLC, its owners, officers, employees, agents, licensors, service providers, successors, and assigns from and against third-party claims, liabilities, damages, judgments, losses, costs, and reasonable attorneys’ fees arising out of or relating to:

1. the Licensee’s or a person acting under its authority’s breach of this Agreement, Appendix A, the applicable quote or order form, an applicable AI Addendum, a delivery notice, or another written authorization;
2. unauthorized access, credential sharing, copying, distribution, retention, modification, artificial-intelligence use, external sharing, resale, sublicensing, or other misuse of BruteMitigator Materials;
3. the Licensee’s information, assumptions, decisions, procedures, workarounds, Licensee Outputs, implementation, or operational use;
4. claims by an Authorized User, Participant, Core Team Member, Assessment Lead, employee, customer, vendor, carrier, service provider, or other person arising from the Licensee’s internal delivery, facilitation, planning activity, output, or operational decision;
5. infringement, privacy, confidentiality, data-protection, employment, regulatory, contractual, or other claims caused by information or content supplied, uploaded, distributed, or used by the Licensee; or
6. unlawful conduct, fraud, willful misconduct, or negligence by the Licensee or a person acting under its authority.

The Licensee may not settle a claim in a manner that admits fault by, imposes an obligation on, or restricts the rights of SJKargel Consulting, LLC without its prior written consent.

SJKargel Consulting, LLC will provide reasonable notice of an indemnified claim and reasonable cooperation at the Licensee’s expense. Failure to provide prompt notice does not relieve the Licensee of its obligations except to the extent the delay materially prejudices the defense.

14.   Confidential and Nonpublic BruteMitigator Information

Nonpublic BruteMitigator information may include unreleased or specially provided materials, product-development information, pricing, discounts, license structures, access arrangements, internal documentation, Supplemental Planning Aids, Editable Working Tools, source-format files, implementation materials, and other information that SJKargel Consulting, LLC identifies as confidential or that a reasonable person would understand to be nonpublic and proprietary.

The Licensee may use nonpublic BruteMitigator information only for the authorized internal purposes of the applicable purchase and may disclose it only to individuals permitted to receive it under this Agreement, Appendix A — License Architecture, the applicable Quote, order form, Checkout page or offer description, delivery notice, AI Addendum, or other written authorization.

The Licensee may not disclose, copy, publish, distribute, use, or permit access to nonpublic BruteMitigator information outside the licensed scope, except as expressly authorized in writing.

These confidentiality obligations do not apply to information that the Licensee can demonstrate:

1. was lawfully known to the Licensee without restriction before disclosure by BruteMitigator;
2. becomes publicly available through no breach of this Agreement;
3. is received lawfully from a third party without a confidentiality obligation; or
4. is independently developed without use of or reference to nonpublic BruteMitigator information.

If disclosure is required by law, subpoena, court order, or governmental process, the Licensee may disclose only the portion legally required and, where legally permitted, must provide prompt notice to SJKargel Consulting, LLC so that it may seek protective treatment.

Nothing in this Section requires the Licensee to treat its own company-specific operational information as BruteMitigator confidential information. The Licensee remains responsible for determining and applying appropriate protections to its own information, Licensee Outputs, and operational records.

The obligations in this Section supplement and do not replace the ownership, license, distribution, artificial-intelligence, deletion, and retention restrictions elsewhere in this Agreement.

 

15.   Force Majeure

SJKargel Consulting, LLC will not be liable or considered in breach for a delay, interruption, or failure to perform caused by circumstances beyond its reasonable control.

Such circumstances may include, without limitation:

1. failure or interruption of hosting, platform, cloud, telecommunications, internet, email, payment-processing, or other third-party services;
2. power outages;
3. cyber incidents not caused by SJKargel Consulting, LLC’s willful misconduct;
4. acts of God, fire, flood, severe weather, natural disaster, epidemic, pandemic, or public-health emergency;
5. governmental action, law, regulation, order, restriction, sanction, or emergency measure;
6. war, terrorism, civil unrest, labor disruption, transportation disruption, or supply interruption;
7. serious illness, incapacity, or other unforeseen unavailability of essential personnel;
8. another event outside SJKargel Consulting, LLC’s reasonable control.

Where reasonably practicable, BruteMitigator may provide one or more of the following:

1. an access extension;
2. an alternate delivery method;
3. replacement access;
4. rescheduling of included support;
5. a substitute file-delivery process; or
6. another reasonable accommodation.

A force-majeure event does not automatically create a right to a refund, credit, damages, or indefinite extension.

The Licensee remains responsible for maintaining its own internet access, compatible devices and software, internal backups, document repositories, security controls, personnel availability, and business-continuity arrangements.

 

16.   Relationship of the Parties

The relationship between SJKargel Consulting, LLC and the Licensee is that of independent contracting parties.

Nothing in this Agreement creates or should be construed as creating:

1. an agency;
2. partnership;
3. joint venture;
4. franchise;
5. employment relationship;
6. fiduciary relationship;
7. insurer-insured relationship;
8. auditor-client relationship;
9. certification or accreditation relationship;
10. professional-client relationship; or
11. other joint enterprise or special relationship.

Neither party has authority to contract for, bind, obligate, represent, or make commitments on behalf of the other unless expressly authorized in a signed writing.

The Licensee’s internal Facilitators, Participants, Core Team Members, Assessment Leads, Coordinators, and other personnel remain under the Licensee’s direction and control. They do not become employees, agents, representatives, subcontractors, or personnel of SJKargel Consulting, LLC through participation in the program.

Product support, onboarding, coaching, consulting, facilitated delivery, or other separately purchased assistance does not give SJKargel Consulting, LLC control over the Licensee’s operations, personnel, decisions, governance, implementation, or use of Licensee Outputs.

The Licensee remains solely responsible for its own operational decisions, personnel assignments, approvals, controls, implementation, and results.

 

17.   No Third-Party Beneficiaries

This Agreement is for the benefit of SJKargel Consulting, LLC and the Licensee, together with their permitted successors and assigns.

Except as expressly stated in a signed agreement, no other person or entity is an intended third-party beneficiary of this Agreement.

Authorized Users, Participants, Core Team Members, Assessment Leads, Coordinators, employees, affiliates, customers, vendors, carriers, service providers, and other permitted recipients may receive only the limited access, participation, material-use, or sharing rights expressly granted under the applicable license.

Those individuals and entities do not acquire independent contractual rights, claims, remedies, warranties, or causes of action against SJKargel Consulting, LLC merely because they:

1. receive Platform Access;
2. participate in a course, workshop, meeting, assessment, or planning activity;
3. receive or use BruteMitigator Materials;
4. contribute information;
5. use or receive a Licensee Output; or
6. benefit from the Licensee’s participation in the program.

The Licensee remains responsible for the acts and omissions of persons who access, receive, or use BruteMitigator Materials under the Licensee’s authority.

This Section does not limit any obligations that an Authorized User or other individual accepts directly through clickwrap, account-access terms, Appendix A, an applicable AI Addendum, or another enforceable agreement.

 

18.   Assignment

The Licensee may not assign, transfer, delegate, sublicense, or otherwise convey this Agreement, the applicable license, or any rights or obligations under them without the prior written consent of SJKargel Consulting, LLC. Any attempted assignment or transfer without that consent is void.

SJKargel Consulting, LLC may assign or transfer this Agreement, in whole or in part, without the Licensee’s consent in connection with a merger, reorganization, change of control, sale of ownership interests, sale of substantially all relevant assets, or transfer of the BruteMitigator business, intellectual property, courses, products, or related operations to a successor or affiliate, provided that the assignee assumes the applicable obligations under this Agreement.

An assignment does not expand the Licensee’s rights or materially reduce the courses, access, support, or license rights already purchased for the remaining applicable term.

 

19.   Notices

19.1 Formal Notices

Any formal notice, demand, consent, claim, waiver, termination notice, or other communication required under this Agreement must be in writing.

Notices to SJKargel Consulting, LLC must be sent by email to [email protected] or to any replacement notice address that SJKargel Consulting, LLC designates in writing.

Notices to the Licensee must be sent to the administrative, legal, or billing contact identified in the applicable Quote, order form, enrollment record, or other purchase-specific document, or to any replacement notice address designated by the Licensee in writing.

A notice sent by email is effective when transmitted, provided that the sender does not receive a delivery-failure notice. A notice sent after 5:00 p.m. in the recipient’s local time, or on a non-business day, is deemed received on the next business day.

Either party may also send a notice by nationally recognized overnight courier or certified or registered mail to the physical address identified in the applicable Quote or later designated in writing.

19.2   Ordinary Communications

Routine communications relating to access, enrollment, invoices, receipts, product support, onboarding, scheduling, downloads, role assignments, platform administration, renewals, and other operational matters may be sent by email or through the applicable delivery platform and do not need to comply with the formal-notice requirements above unless this Agreement expressly requires formal notice.

19.3   Contact Information

Each party is responsible for keeping its notice, billing, administrative, and Authorized User contact information current.

SJKargel Consulting, LLC is not responsible for delay or failure in communication caused by inaccurate, outdated, blocked, filtered, or undeliverable contact information supplied by the Licensee.

 

20.   Amendments and Modifications

SJKargel Consulting, LLC may update generally applicable Website Terms, this Agreement, Appendix A — License Architecture, and other online policies from time to time. Updated terms apply prospectively from their stated effective date to new purchases, renewals, extensions, add-ons, expansions, and continued Website or platform use to the extent stated in the applicable notice and permitted by law.

A material update will not retroactively alter the price, purchased courses, stated access period, included roles, Core Team count, or other expressly agreed commercial terms of an existing signed Quote unless the parties agree in writing or the change is required by law.

Any renewal, extension, add-on, expansion, or new purchase is subject to the version of the applicable BruteMitigator terms in effect when that transaction is accepted, unless otherwise expressly agreed in writing.

The Licensee is responsible for reviewing applicable updated online terms when notified or when entering a new or renewed transaction.

 

21.  Governing Law and Dispute Resolution

21.1   Governing Law

This Agreement and any dispute, claim, or controversy arising out of or relating to it, the applicable Quote, order, enrollment, direct purchase, course, product, license, Platform Access, BruteMitigator Materials, Licensee Outputs, onboarding, product support, or related services are governed by the laws of the Commonwealth of Pennsylvania, without regard to conflict-of-law principles.

21.2   Exclusive Forum

Unless the parties agree in a signed writing to another dispute-resolution process, any legal action or proceeding arising out of or relating to this Agreement must be brought exclusively in:

1. the state courts located in Montgomery County, Pennsylvania; or
2. where federal jurisdiction exists, the United States District Court for the Eastern District of Pennsylvania.

Each party consents to the personal jurisdiction and venue of those courts and waives any objection based on inconvenient forum or similar grounds.

21.3   Equitable Relief

Unauthorized copying, distribution, disclosure, artificial-intelligence use, extraction, reconstruction, misuse, or continued use of BruteMitigator Materials may cause harm that cannot be adequately remedied by monetary damages alone.

SJKargel Consulting, LLC may seek temporary, preliminary, or permanent injunctive or other equitable relief to prevent or stop such conduct, in addition to any other available remedies.

22.  General Provisions

22.1   Entire Agreement

This Agreement, together with the applicable Website Terms of Use, Privacy Policy, signed Quote, order form, Appendix A — License Architecture, AI Addendum, statement of work, consulting agreement, addendum, and other expressly incorporated purchase-specific documents, constitutes the entire agreement concerning the applicable purchase and supersedes prior or contemporaneous discussions, proposals, understandings, representations, and communications concerning that subject matter.

Marketing materials, public course pages, presentations, demonstrations, emails, or oral statements do not modify the applicable agreement unless expressly incorporated into a signed purchase-specific document.

22.2   Order of Precedence

If incorporated documents conflict:

1. a signed Quote, order form, AI Addendum, statement of work, consulting agreement, addendum, or other signed purchase-specific authorization controls only for the specific subject, scope, permission, service, quantity, access period, fee, or other commercial term it expressly addresses;
2. this Course & Product License Agreement controls for paid-product and licensed-material use;
3. Appendix A — License Architecture controls for role-based access, seat limits, Platform Access, internal distribution, and screen-sharing permissions; and
4. the Website Terms of Use control for general Website use and umbrella provisions.

All provisions that do not directly conflict remain in effect.

22.3   Severability

If any provision is held invalid, illegal, or unenforceable, it will be limited or modified only to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in full force and effect.

22.4   Waiver

No waiver is effective unless in writing and signed by the party granting it.

Failure or delay in exercising a right does not waive that right, and a waiver on one occasion does not constitute a waiver on another occasion.

22.5   Cumulative Remedies

Except where this Agreement expressly states that a remedy is exclusive, the rights and remedies provided by this Agreement are cumulative and do not exclude other rights or remedies available at law or in equity.

22.6   Headings

Headings are for convenience only and do not affect interpretation.

22.7   Electronic Records and Signatures

Electronic acceptance, electronic signatures, clickwrap acceptance, and electronically transmitted records have the same effect as original signatures and paper records to the extent permitted by law.

22.8   Accessibility

BruteMitigator seeks to make its courses, products, Website, and materials reasonably accessible. If a user encounters an accessibility barrier or has difficulty accessing content, the user should contact BruteMitigator at [email protected] so that BruteMitigator can review the issue and, where reasonably practicable, provide an appropriate alternative or accommodation.

22.9   Counterparts

A signed Quote, AI Addendum, statement of work, consulting agreement, addendum, or other purchase-specific document may be executed in counterparts, each of which is deemed an original and all of which together constitute one agreement.