BRUTALOS TERMS OF SERVICE

These Terms of Service (“Terms”) set out the agreement between Laura H Burton Ltd (Company Number: 14390671), a company incorporated in England and Wales (“we”, “us”, “our”) and trading as Brutal Marketing Academy, and you (“Customer”, “you”, “your”) in relation to your access to and use of BrutalOS (the “Platform”).

By creating an account, subscribing to a plan, or using the Platform, you agree to be bound by these Terms, our Privacy Policy, Schedule A (Data Processing Agreement) and Schedule B (Add-Ons) (together, the “Contract”). If you do not agree, you must not use the Platform.

SECTION 1 – INTERPRETATION AND DEFINITIONS

In these Terms, unless the context requires otherwise:

“Account” means the BrutalOS account created for a Customer.

“Add-On” means an optional paid enhancement, service, or capacity increase listed in Schedule B.

"Agreement" means these Terms of Service, our Privacy Policy and Schedules A and B

“Authorised User” means any individual permitted by the Customer to access the Account.

“BrutalOS Course” means The BrutalOS training course provided to Customers for onboarding, setup, education, and feature guidance.

"Confidential Information" means any information that is not publicly available and is disclosed in connection with the Platform or Services, which a reasonable person would understand to be confidential.

“Contact Record” means a contact or lead stored within the Platform database.

“Data Laws” means all applicable data protection legislation including UK GDPR, the Data Protection Act 2018, and PECR.

“Fair Use” means reasonable usage consistent with the subscribed plan and not detrimental to platform stability, deliverability, compliance, or other users.

“Membership Level” means 'Starter', 'Standard', 'Professional', or 'Enterprise' plans.

"Platform" means the CRM software and associated services provided by Brutal Marketing Academy.

"Premium Features" means optional functionality within the Platform that is dependent on underlying platform or third-party services and falls outside a Customer’s Membership Level.

“Services” means access to the Platform, the BrutalOS Course, and any support provided under these Terms.

“Team Member” means a user account created or authorised by the Customer for access to the Platform and operated under the Customer’s control and responsibility.

“Third-Party Provider” means any external service provider whose technology or services are used by or integrated with the Platform (including live support providers, email, SMS, messaging, hosting, or analytics services).

References to “written” or “in writing” include email.

SECTION 2 – PLATFORM ACCESS AND MEMBERSHIP LEVELS

2.1 Overview of BrutalOS

BrutalOS is a subscription-based software platform providing CRM, marketing automation, communication tools, and related functionality.

2.2 Membership Levels

The following Membership Levels are available:

Starter

- 1 Authorised User

- Up to 500 Contact Records

- Up to 5,000 emails per calendar month (subject to Fair Use)

- Does not contain access to all BrutalOS features, including: Funnels, Websites, Workflows, 2-Way Conversations (in app), Payments and Invoices, Contracts and Documents, Webchat, Reputation Management, Missed Call Text Back, Text-to-Pay, Communities, Courses, Memberships, Affiliate Manager, GoKollab (App)

Standard

- Up to 2 Authorised Users

- Up to 1,500 Contact Records

- Up to 15,000 emails per calendar month (subject to Fair Use)

- Does not contain access to all BrutalOS features, including: Courses, Memberships, Affiliate Manager, GoKollab (App)

Professional

- Up to 5 Authorised Users

- Up to 5,000 Contact Records

- Up to 50,000 emails per calendar month (subject to Fair Use)

- Access to all BrutalOS features

Enterprise

- Unlimited users and contacts

- Custom email volumes, and features

- Access to all BrutalOS features

- Pricing and scope agreed separately in writing

2.3 All Membership Levels have access to:

- a centralised CRM Dashboard

- 'The BrutalOS' course to help Customers with onboarding, setup, education, and feature guidance

- 24/7 AI and live support, provided by a third party service provider

- Email support for account-related queries and issues that cannot be resolved by the third party service provider

- all Marketplace apps.

2.3 Add-On Services

Additional services, features, capacity, or functionality may be made available through Add-Ons, which can be purchased separately and are governed by Schedule B (Add-Ons).

2.4 Third-Party Integrations

The Platform includes functionality that allows integration with Third-Party Providers, which may include (without limitation) messaging platforms, social media platforms, and other external services for centralised communications and workflow management.

2.5 Third-Party Responsibility Disclaimer

You acknowledge that Third-Party Providers operate independently of us. We do not control, endorse, or assume responsibility for the acts, omissions, service levels, availability, security practices, compliance, or data handling of any Third-Party Provider integrated with or accessed through the Platform.

2.6 Usage Limits and Enforcement

We reserve the right to monitor usage across accounts.

Membership Level limits are not guaranteed hard caps. Where usage materially exceeds the subscribed level or breaches Fair Use, we reserve the right to require an upgrade, apply overage charges (where offered), restrict functionality, or suspend access to protect platform integrity, deliverability, and compliance.

SECTION 3 – SUBSCRIPTIONS, FEES AND PAYMENTS

3.1 Billing

Subscription fees are payable in advance on a monthly or annual basis as selected at checkout.

3.2 Automatic Renewal

Subscriptions renew automatically at the end of each billing period unless cancelled in accordance with Section 12.

3.3 Pricing Changes

We may amend pricing or plan inclusions by giving at least 30 days’ notice. Continued use after the effective date constitutes acceptance.

3.4 Taxes

All fees are exclusive of VAT and other applicable taxes, which shall be payable by the Account Holder in addition, unless stated otherwise.

3.5 Failed or Late Payments

We may suspend access to a Customer's account if payment is overdue, and recover statutory interest and reasonable recovery costs.

3.6 Refunds

Except where required by law, fees are non-refundable and no pro-rata refunds or credits will be issued for early termination, suspension, or non-use of the Services, regardless of the reason.

3.7 Chargebacks

Initiating a chargeback without first contacting us to resolve the issue constitutes a material breach of these Terms and we may suspend access to the Customer's account.

3.8 Premium Features Fees

All fees relating to the usage of Premium Features within BrutalOS are payable by the Customer, unless otherwise agreed in writing.

3.9 Free Trials

We may, at our discretion, offer free trial access to the Platform for a limited period. Trial length, features, and availability may vary. Unless stated otherwise at sign-up, free trials automatically convert to a paid subscription at the end of the trial period, and subscription fees will be charged using the payment details provided. It is the Customer’s responsibility to cancel before the trial ends if they do not wish to continue. Free trials may be amended, suspended, or withdrawn at any time and are limited to one per Customer unless agreed otherwise in writing. No refunds or credits will be issued for charges incurred following the end of a free trial. Certain features, usage limits, or support services may be restricted or unavailable during a free trial period.

SECTION 4 – SUPPORT SERVICES AND TRAINING

4.1 Training Access

All Customers receive access to the 'The BrutalOS' Course, which provides guidance on onboarding, setup, features, and best practices. The Course is educational only and does not constitute consultancy or legal advice.

4.2 Live Support

Live support services may be provided by a Third-Party Provider. We do not guarantee availability, response times, or outcomes of live support interactions.

4.3 Email Support

Email support services will be provided by Brutal Marketing Academy for all membership and account-based queries. We aim to respond to requests within three (3) business days (Monday to Friday), excluding public holidays.

4.4 Conduct

We reserve the right to restrict or withdraw support where behaviour towards our staff or Third-Party Providers is abusive, threatening, or unreasonable.

4.5 Account Responsibility

The Customer is responsible for all actions taken by Authorised Users and for maintaining appropriate security and access controls.

SECTION 5 – ADD-ONS AND OPTIONAL SERVICES

5.1 Availability of Add-Ons

From time to time, we may make additional services, features, capacity, or functionality available for purchase in addition to a Customer’s Membership Level (“Add-Ons”). All Add-Ons are governed by these Terms and Schedule B (Add-Ons).

5.2 Activation and Fees

The activation of an Add-On creates a separate contractual obligation in respect of that Add-On. Add-Ons may be billed:

- as additional recurring subscription fees (monthly or annually); and/or

- on a usage or consumption basis, such as per-message, per-credit, or per-transaction charges.

Pricing and billing method will be communicated at the point of purchase or activation.

5.3 Credit Wallets and Usage Deductions

Certain Add-Ons operate using a pre-paid credit or wallet system. Customers are responsible for maintaining a sufficient credit balance for usage-based services to function. Where applicable, usage charges will be deducted automatically as services are consumed.

5.4 Excess Usage

If usage of an Add-On exceeds any included allowance or agreed limit, additional charges may apply at the rates notified to the Customer. We reserve the right to suspend or restrict the relevant Add-On where usage continues without sufficient payment or credit.

5.5 Third-Party Dependencies

Many Add-Ons rely on Third-Party Providers. Add-Ons and related integrations are provided on an “as-is” basis. We do not control and are not responsible for the availability, performance, security, compliance, pricing, data handling, or service levels of any Third-Party Provider.

5.6 Cancellation of Add-Ons

Add-Ons may be cancelled independently of the main Platform subscription by providing at least thirty (30) days’ written notice, unless otherwise agreed in writing. Except where required by law, no refunds or credits will be issued for any unused portion of an Add-On term.

5.7 Changes to Add-On Pricing

We may amend the pricing or structure of Add-Ons by providing at least thirty (30) days’ notice, unless a change is required immediately due to Third-Party Provider requirements or changes in applicable law.

SECTION 6 – DATA PROTECTION AND SECURITY

6.1 Compliance with Data Protection Requirements

Each party is responsible for complying with applicable Data Laws in relation to any personal data processed in connection with the Platform or the Services.

6.2 Processing on Behalf of the Customer

To the extent that Brutal Marketing Academy processes personal data on behalf of a Customer, it does so in the capacity of a processor. The processing of such personal data is governed by Schedule A (Data Processing Agreement), which forms part of these Terms.

6.3 Customer Responsibilities

The Customer represents and warrants that:

- it has established a valid legal basis, including any required consents, for the collection and processing of personal data using the Platform;

- it will not submit, upload, or transmit personal data without proper authority; and

- its use of the Platform will at all times comply with applicable Data Laws.

6.4 Personal Data Incidents

We will notify the Customer without undue delay after becoming aware of a personal data breach affecting Customer data, in accordance with the procedures set out in Schedule A.

6.5 International Transfers

Where personal data is transferred outside the United Kingdom, we will ensure that appropriate safeguards are in place in line with Data Laws, including the use of approved transfer mechanisms where required.

6.6 Data Retention and Deletion

Following termination of the Customer’s access to the Platform, personal data will be deleted or returned in accordance with Schedule A and any applicable legal retention requirements.

6.7 Security Measures

We maintain appropriate technical and organisational security measures designed to protect personal data against unauthorised or unlawful access, loss, alteration, disclosure, or destruction.

SECTION 7 – CONFIDENTIAL INFORMATION

7.1 Protection of Confidential Information

Each party agrees to treat as confidential all Confidential Information received from the other party in connection with the Platform or the Services and must not disclose such information to any third party except as expressly permitted by these Terms or with the prior written consent of the disclosing party.

7.2 Permitted Internal Disclosure

A party may share Confidential Information with its employees, officers, professional advisers, contractors, or representatives who have a legitimate need to know such information for the purpose of performing obligations or exercising rights under these Terms, provided that those persons are subject to confidentiality obligations no less protective than those set out here.

7.3 Information Not Treated as Confidential

Confidential Information does not include information that the receiving party can demonstrate:

- is or becomes publicly available other than through a breach of these Terms;

- was lawfully known to the receiving party without restriction before it was disclosed;

- was obtained lawfully from a third party without confidentiality obligations; or

- was independently developed without reference to or use of the other party’s Confidential Information.

7.4 Disclosure Required by Law

If a party is required by law, regulation, or court order to disclose any Confidential Information, it shall, to the extent legally permitted:

- notify the other party promptly of the requirement;

- reasonably cooperate with any efforts to limit or challenge the disclosure; and

- disclose only the portion of Confidential Information that is strictly required.

7.5 Duration of Confidentiality Obligations

The confidentiality obligations set out in this Section shall be effective after termination or expiry of the Agreement for a period of five (5) years.

SECTION 8 – INTELLECTUAL PROPERTY

8.1 Platform Ownership

All intellectual property rights in and to the Platform, including its underlying software, source code, databases, data structures, designs, layouts, graphics, audio and video materials, templates, training content, documentation, and related materials, are owned by or licensed to Brutal Marketing Academy.

8.2 Right to Use the Platform

Subject to the Customer’s continued compliance with these Terms and payment of all applicable fees, we grant the Customer a limited, non-exclusive, non-transferable, and non-sublicensable licence to access and use the Platform solely for the Customer’s internal business purposes for the duration of the subscription.

8.3 Use Restrictions

The Customer must not, and must not permit any third party to:

- copy, adapt, modify, distribute, sell, lease, or otherwise exploit the Platform or any part of it;

- reverse engineer, decompile, disassemble, or attempt to derive the source code of the Platform, except to the extent expressly permitted by law; or

- remove, obscure, or alter any copyright, trademark, or other proprietary notices displayed on or within the Platform.

8.4 Customer Content

All content, data, and materials uploaded or submitted to the Platform by the Customer (“Customer Content”) remain the property of the Customer. The Customer grants us a worldwide, non-exclusive, royalty-free licence to host, store, copy, and use Customer Content solely to the extent necessary to provide, maintain, and support the Services.

8.5 Retention Following Termination

Following termination or expiry of the Customer’s subscription, we may retain copies of Customer Content where required to comply with legal, regulatory, or security obligations, subject at all times to the confidentiality and data protection provisions of these Terms.

SECTION 9 – THIRD-PARTY PROVIDERS

9.1 Third-Party Integrations

The Platform may allow Customers to connect, access, or integrate external products, applications, websites, or services provided by third parties (“Third-Party Services”).

9.2 No Endorsement or Responsibility

Any access to Third-Party Services is provided for convenience only. We do not endorse, control, or assume responsibility for Third-Party Services and accept no liability for their performance, availability, functionality, or failure.

9.3 Separate Third-Party Terms

Your use of any Third-Party Service is governed by the applicable third party’s own terms, conditions, privacy policies, and fees. It is your responsibility to review and comply with those terms before using such services.

9.4 Changes, Suspension, or Discontinuation

Third-Party Services may be amended, suspended, or discontinued at any time by the relevant provider, with or without notice. We are not responsible for any loss, disruption, or impact arising from such changes.

9.5 Data Handling by Third Parties

We are not responsible for the data security measures, compliance obligations, or data processing practices of any Third-Party Service that you choose to integrate with or access through the Platform.

SECTION 10 – LIABILITY LIMITATIONS

10.1 Liability Cap

Except as set out in Section 10.3, our total aggregate liability to the Customer arising out of or in connection with the Contract, the Platform, or the Services (whether in contract, tort, including negligence, breach of statutory duty, or otherwise) shall not exceed the total subscription fees paid by the Customer to us in the twelve (12) months immediately preceding the event giving rise to the claim.

10.2 Excluded Categories of Loss

Except as set out in Section 10.3, we shall not be liable for any of the following losses, whether direct or indirect, and whether arising in contract, tort (including negligence), breach of statutory duty, or otherwise:

- loss of profits or revenue;

- loss of business opportunities or sales;

- loss of contracts or agreements;

- loss of anticipated savings;

- loss of goodwill or reputation;

- loss, corruption, or damage to data, software, or information; or

- any indirect, special, or consequential loss.

10.3 Liabilities That Cannot Be Limited

Nothing in these Terms limits or excludes liability for:

- death or personal injury caused by negligence;

- fraud or fraudulent misrepresentation;

- breach of terms implied by section 2 of the Supply of Goods and Services Act 1982; or

- any other liability which cannot lawfully be excluded or limited under applicable law.

10.4 Duty to Mitigate

The Customer agrees to take all reasonable steps to minimise any loss or damage suffered as a result of any breach of the Contract.

SECTION 11 – TERMINATION AND SUSPENSION

11.1 Termination by the Customer

The Customer may terminate the Contract by giving at least thirty (30) days’ written notice to us, using the contact details provided for support or account communications. Termination will take effect at the end of the applicable notice period unless we confirm otherwise in writing.

11.2 Termination or Suspension by Us

We may suspend access to, or terminate, the Contract immediately by written notice if:

- the Customer commits a material breach of these Terms and fails to remedy that breach within ten (10) days of receiving written notice (where the breach is capable of remedy);

- any fees or other amounts due remain unpaid; or

- the Customer becomes insolvent, ceases to trade, enters liquidation, or is subject to any similar insolvency process.

11.3 Consequences of Termination

Upon termination or expiry of the Contract for any reason:

- the Customer’s right to access and use the Platform and Services will immediately end;

- all outstanding fees and charges will become immediately due and payable;

- all licences granted under these Terms will automatically terminate; and

- Customer Content will be handled in accordance with the data retention and deletion provisions set out in the Data Protection section and Schedule A (Data Processing Agreement).

11.4 Continuing Provisions

Any provision of these Terms which is intended by its nature to survive termination shall continue in full force and effect, including (without limitation) provisions relating to confidentiality, intellectual property, limitation of liability, governing law and jurisdiction, and Schedules A and B.

SECTION 12 – GOVERNING LAW AND JURISDICTION

12.1 Applicable Law

These Terms, the Contract, and any dispute or claim arising out of or in connection with them, including any non-contractual matters relating to their formation, interpretation, or performance, shall be governed by and interpreted in accordance with the laws of England and Wales.

12.2 Exclusive Jurisdiction

The parties agree that the courts of England and Wales shall have exclusive jurisdiction to resolve any dispute or claim arising out of or in connection with these Terms or the Contract, including any non-contractual disputes or claims.

SCHEDULE A – DATA PROCESSING AGREEMENT

This Data Processing Agreement (“DPA”) forms part of the Contract between Brutal Marketing Academy (the “Processor”) and the Customer (the “Controller”) and governs the Processing of Personal Data by the Processor on behalf of the Controller in connection with the Platform and the Services.

1. Definitions

For the purposes of this DPA, the following terms have the meanings set out below. Capitalised terms not defined here have the meanings given in the Terms of Service.

“Data Subject” means an identified or identifiable natural person to whom Personal Data relates.

“Personal Data” means any information relating to a Data Subject that is processed in connection with the Contract.

“Processing” means any operation or set of operations performed on Personal Data, whether or not by automated means, including collection, storage, use, disclosure, or deletion.

“Sub-Processor” means any third party engaged by the Processor to process Personal Data on behalf of the Processor.

2. Scope and Purpose of Processing

The Processor shall process Personal Data solely for the purpose of providing the Services to the Controller and in accordance with the Controller’s documented instructions, these Terms, and applicable Data Laws.

3. Processor Obligations

The Processor shall:

- process Personal Data only on documented instructions from the Controller, including in relation to transfers outside the United Kingdom, unless required to do otherwise by applicable law;

- ensure that individuals authorised to process Personal Data are subject to appropriate confidentiality obligations;

- implement and maintain appropriate technical and organisational measures to protect Personal Data;

- provide reasonable assistance to the Controller in responding to requests from Data Subjects exercising their rights under Data Laws;

- assist the Controller, where reasonably required, with personal data breach notifications, data protection impact assessments, and consultations with supervisory authorities;

- delete or return Personal Data at the end of the provision of the Services, subject to any legal obligations requiring retention; and

- make available to the Controller information reasonably necessary to demonstrate compliance with this DPA and permit audits in accordance with applicable law.

4. Security Measures

The Processor shall implement and maintain appropriate technical and organisational safeguards designed to protect Personal Data against accidental or unlawful destruction, loss, alteration, unauthorised disclosure, or unauthorised access.

5. Sub-Processors

The Controller authorises the Processor to appoint Sub-Processors as required to deliver the Services, including those listed on the Processor’s Sub-Processor list as updated from time to time.

The Processor shall ensure that each Sub-Processor is subject to written contractual obligations that are materially equivalent to those set out in this DPA.

The Processor shall provide reasonable advance notice of any material changes to Sub-Processors, and the Controller may object on reasonable data protection grounds.

6. International Transfers

Where Personal Data is transferred outside the United Kingdom, the Processor shall ensure that appropriate safeguards are implemented in accordance with Data Laws, including (where applicable):

UK adequacy regulations; or

approved transfer mechanisms such as International Data Transfer Agreements or Standard Contractual Clauses.

7. Personal Data Breaches

The Processor shall notify the Controller without undue delay after becoming aware of any Personal Data Breach affecting Personal Data processed under this DPA.

Such notification shall include, to the extent reasonably available:

- a description of the nature of the breach;

- the categories and approximate number of Data Subjects and records affected;

- the likely consequences of the breach; and

- the measures taken or proposed to mitigate its effects.

8. Data Subject Rights

The Processor shall provide reasonable assistance to the Controller, taking into account the nature of the Processing, to enable the Controller to respond to Data Subject requests made under applicable Data Laws.

9. Term and Duration

This DPA shall remain in effect for as long as the Processor processes Personal Data on behalf of the Controller pursuant to the Contract.

SCHEDULE B – ADD-ONS

This Schedule forms part of the Contract and applies to any optional services, features, or functionality purchased in addition to a Customer’s Membership Level.

1. Definitions

For the purposes of this Schedule:

“Add-On” means any additional product, service, feature, or functionality made available for purchase in addition to the core Platform subscription.

“Wallet” means a pre-paid, credit-based balance maintained by the Customer for the purpose of accessing usage-based Add-Ons.

Capitalised terms not defined in this Schedule have the meanings given in the Terms of Service.

2. Scope of Add-Ons

2.1 Customers may purchase Add-Ons that are made available from time to time to extend or enhance the Platform.

2.2 Add-Ons may include, without limitation:

- WhatsApp or similar business messaging integrations;

- additional emails

- additional SMS or messaging services;

- AI-powered content or automation tools;

- enhanced or extended API integrations; and

- additional domains, sub-accounts, or related functionality.

3. Ordering and Activation

3.1 Add-Ons may be ordered through:

- online order forms or checkout flows made available within the Platform; or

- direct written agreement with us or an authorised BrutalOS representative.

3.2 Activation of an Add-On is subject to confirmation of applicable fees and, where relevant, the Customer maintaining a sufficient Wallet balance.

3.3 Each Add-On constitutes a separate agreement between the Customer and Laura H Burton Ltd, and is governed by the Terms of Service and this Schedule.

4. Wallets and Usage-Based Billing

4.1 Certain Add-Ons operate on a usage or consumption basis, with charges deducted from the Customer’s Wallet as services are used (for example, per-message or per-credit usage).

4.2 The Customer is responsible for ensuring that their Wallet maintains a sufficient balance to enable continued use of any credit-based Add-On.

4.3 We reserve the right to suspend or restrict access to any Add-On where the Wallet balance is exhausted or insufficient to cover ongoing usage.

4.4 Wallet credits are non-refundable and non-transferable, except where required by law.

5. Pricing, Changes, and Excess Usage

5.1 Pricing for Add-Ons and any applicable usage rates will be made available or notified to the Customer at the time of purchase or activation.

5.2 We may amend Add-On pricing by providing at least thirty (30) days’ notice, unless an earlier change is required due to Third-Party Provider requirements or legal obligations.

5.3 Where usage of an Add-On exceeds any agreed or included allowance, additional charges may apply and will be invoiced separately, payable upon receipt.

6. Third-Party Services

6.1 Many Add-Ons rely on services provided by Third-Party Providers, including messaging and communications platforms.

6.2 Add-Ons involving Third-Party Providers are supplied on an “as-is” basis. We:

- make no warranties regarding the availability, performance, or security of Third-Party Services;

- do not control and are not responsible for the data handling, compliance, or practices of Third-Party Providers; and

are not liable for data loss, delivery failures, service interruptions, or cost increases caused by Third-Party Providers.

7. Termination of Add-Ons

7.1 Customers may cancel an Add-On independently of their main Platform subscription by providing at least thirty (30) days’ written notice, unless otherwise agreed in writing.

7.2 Termination of an Add-On does not terminate the underlying Platform subscription unless expressly stated.

7.3 Any unused Wallet credits remaining at the time of termination will not be refunded.

8. Data Protection

8.1 Any Personal Data processed in connection with an Add-On is subject to Schedule A (Data Processing Agreement).

8.2 The Customer remains responsible for ensuring that its use of Add-Ons complies with applicable Data Laws, including obtaining any required consents and providing appropriate notices to data subjects.