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Terms and Conditions

Brainiar DIAGNOSE Engagement

These Terms and Conditions (“Terms”) govern the purchase and delivery of the Brainiar DIAGNOSE engagement provided by Brainiar (“Brainiar”, “we”, “our”, or “Provider”) to the purchasing client (“Client”, “you”, or “your”). By purchasing the DIAGNOSE engagement, the Client agrees to these Terms in full.

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1. Service Description

Brainiar is a Revenue Performance Firm that evaluates how efficiently businesses convert existing demand into revenue.

The DIAGNOSE engagement is a structured evaluation designed to identify operational constraints that may expose the Client to measurable revenue loss.

As part of the engagement, Brainiar analyzes information related to the Client’s revenue processes, which may include:

Upon completion of the evaluation, Brainiar provides the Client with a Revenue Performance Report (“RPR”).

The Revenue Performance Report may include:

The DIAGNOSE engagement is an analytical evaluation and advisory deliverable only.

It does not include implementation, operational management, marketing services, or system installation unless separately contracted under a different engagement.

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2. Scope of Engagement

The DIAGNOSE engagement is limited to the analysis of information provided by the Client and publicly available information related to the Client’s business operations.

Brainiar does not perform operational control, financial audits, forensic accounting, or internal business management during this engagement.

The purpose of DIAGNOSE is to identify potential revenue performance risks and opportunities based on available information.

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3. Client Responsibilities

The Client agrees to provide accurate, complete, and truthful information when completing the DIAGNOSE intake questionnaire or providing supporting materials.

Brainiar’s evaluation relies on the information supplied by the Client.

Brainiar shall not be responsible for conclusions derived from:

Failure to provide accurate information may affect the quality of the Revenue Performance Report.

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4. Payment Terms

The fee for the DIAGNOSE engagement is $2,500 USD.

Payment must be made in full prior to the commencement of the engagement.

Payment confirms the Client’s acceptance of these Terms and authorizes Brainiar to begin the diagnostic process.

All payments are non-refundable once the diagnostic process has begun, except where required by applicable law.

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5. Delivery Timeline

After payment and completion of the DIAGNOSE intake questionnaire, Brainiar will begin the diagnostic evaluation.

The Revenue Performance Report is typically delivered within 5 to 10 business days, depending on:

Brainiar will make reasonable efforts to deliver within this timeframe but does not guarantee delivery on a specific date.

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6. Intellectual Property

All diagnostic methodologies, systems, analytical models, frameworks, and internal processes used by Brainiar during the DIAGNOSE engagement are the exclusive intellectual property of Brainiar.

The Client receives the final Revenue Performance Report solely for internal business use.

The Client may not:

Unauthorized use of Brainiar intellectual property is strictly prohibited.

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7. Confidentiality

Brainiar agrees to treat all client-provided information as confidential.

Such information will only be used for the purpose of conducting the DIAGNOSE engagement.

Brainiar may use anonymized and aggregated insights derived from engagements for internal research, model improvement, or industry analysis provided that no client-identifying information is disclosed.

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8. No Performance Guarantee

The Revenue Performance Report provides strategic observations and analysis regarding potential revenue performance risks and opportunities.

Brainiar does not guarantee any specific business outcome, including but not limited to:

Actual results depend on many factors outside Brainiar’s control, including the Client’s internal execution and operational decisions.

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9. Limitation of Liability

To the maximum extent permitted by law, Brainiar shall not be liable for any indirect, incidental, special, consequential, or business losses arising from the Client’s use of the Revenue Performance Report.

Brainiar’s total liability related to the DIAGNOSE engagement shall not exceed the total amount paid by the Client for the engagement.

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10. Future Services

Completion of the DIAGNOSE engagement does not obligate the Client to engage Brainiar for additional services.

Brainiar may offer additional engagements including:

These services require separate agreements.

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11. Independent Business Judgment

The Client remains solely responsible for all business decisions made based on the findings contained in the Revenue Performance Report.

Brainiar does not assume responsibility for operational or financial decisions made by the Client.

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12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Texas.

Any disputes arising from this agreement shall be resolved in the appropriate courts located within Tennessee.

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13. Acceptance

By purchasing the Brainiar DIAGNOSE engagement, the Client acknowledges that they: