Terms & Conditions

A brand of The Fortitude Factory LLC

Effective Date: May 3, 2026

Company Identification

These Terms of Service (“Terms”) are entered into by and between:

The Fortitude Factory LLC, a limited liability company, including its brands and d/b/a entities The Power Pivot Experience™ and Flash of Fortitude™ (collectively, the “Company,” “we,” “us,” or “our”).

1. Acceptance of Terms

By accessing, viewing, downloading, purchasing, or otherwise engaging with any content, services, programs, communications, or materials provided by the Company (collectively, the “Services”), you agree to be bound by these Terms.

This applies to all users, including visitors, subscribers, clients, participants, and viewers (“User,” “you,” or “your”), whether access is free or paid.

2. Definitions

“Services” includes, without limitation:

  • Coaching programs (individual and group)

  • Workshops, trainings, speaking engagements, and events

  • Digital products, courses, and memberships

  • Downloadable tools, workbooks, templates, and assessments

  • Audio, video, and written content

  • Email communications, newsletters, and sequences

  • SMS/text messaging content

  • Blog posts, articles, and website content

  • Social media content and marketing materials

“Materials” and “Proprietary Systems” include all frameworks, methodologies, tools, language systems, processes, and intellectual property created or provided by the Company, including but not limited to:

  • The Power PIVOT Framework™

  • The Inner Pivot™

  • Associated tools, diagnostics, and program content

3. Nature of Services

The Services are designed for professional and personal development. Results vary based on individual effort, application, and external factors.

The Company does not guarantee specific outcomes.

You acknowledge that you are solely responsible for your decisions, actions, and results.

4. Intellectual Property & Usage Restrictions

4.1 Ownership

All Materials and Proprietary Systems are the exclusive property of the Company and are protected by applicable intellectual property, copyright, and trademark laws.

4.2 Limited License

You are granted a limited, revocable, non-exclusive, non-transferable license to access and use the Services for personal, non-commercial use only.

4.3 Prohibited Uses

You may not:

  • Teach, replicate, distribute, or publicly share the Materials

  • Use the Materials in any coaching, consulting, training, or business offering

  • Repackage, rename, modify, or create derivative works

  • Share materials with teams, organizations, or third parties

  • Reverse engineer or extract underlying methodologies

4.4 Artificial Intelligence Restrictions

You may not upload, input, or use any Materials, Proprietary Systems, or Company content with artificial intelligence tools (including but not limited to ChatGPT, Claude, Gemini, or similar systems) for:

  • Training or fine-tuning AI models

  • Generating derivative frameworks or content

  • Replicating Company methodologies

  • Creating competing tools, programs, or services

4.5 Communications & Content Protection

All content distributed via:

  • Email

  • SMS/text messaging

  • Blogs and websites

  • Social media

  • Video or audio platforms

…is proprietary and may not be reproduced, repurposed, or used for commercial purposes without prior written consent.

4.6 Recording Restrictions

You may not record, capture, screenshot, transcribe, or distribute any sessions, materials, or content without prior written permission from the Company.

4.7 No Certification or Affiliation

Participation in any Service does not grant certification, licensing, or authorization to teach, represent, or otherwise use the Company’s methodologies in a professional or commercial capacity.

4.8 Injunctive Relief

You acknowledge that unauthorized use of the Company’s intellectual property may result in immediate and irreparable harm. The Company reserves the right to seek injunctive relief and all other available legal remedies.

4.9 Conceptual Framework & Derivative Works Protection

In addition to protection of express content, the Company’s intellectual property includes the conceptual structure, sequence, organization, logic, and transformation methodology embodied within its Materials and Proprietary Systems.

This includes, without limitation:

  • The sequencing of ideas, exercises, and frameworks

  • The structure of transformation models and developmental processes

  • The integration of language systems, prompts, and guided experiences

  • The design of user journeys, program flows, and outcomes

Restriction

You may not:

  • Recreate, reverse engineer, or replicate the underlying structure or methodology

  • Develop derivative frameworks, systems, or programs based on the same conceptual architecture

  • Translate, adapt, or restate the Materials in a way that preserves their functional structure

Important:

Modification of wording, format, or presentation does not constitute a new or original work if the underlying structure, sequence, or logic is substantially similar.

4.10 AI Interaction, Output Ownership & Derivative Content

You are expressly prohibited from uploading, inputting, or otherwise introducing Company Materials into artificial intelligence systems, machine learning models, or automated content-generation tools.

If such use occurs (authorized or unauthorized):

  • Any outputs, responses, or derivative materials generated that are based on or materially influenced by Company Materials shall be deemed derivative works of the Company.

  • All rights, title, and interest in such outputs remain with the Company.

You may not:

  • Use AI-generated outputs derived from Company Materials for commercial use

  • Develop products, services, or frameworks from such outputs

  • Represent AI-generated derivatives as original work

4.11 Non-Competitive Use Restriction

You agree that you will not use the Services, Materials, or Proprietary Systems, directly or indirectly, to:

  • Develop, offer, or support any product, service, program, or framework that is competitive with the Company’s offerings

  • Create coaching, consulting, training, or development programs based on similar methodologies or transformation structures

  • Advise or assist others in building competing offerings using knowledge gained through the Services

This restriction applies during your engagement with the Company and for a reasonable period thereafter, as permitted by law.

4.12 Monitoring, Audit & Enforcement Rights

To protect its intellectual property, the Company reserves the right to:

  • Monitor usage patterns, platform engagement, and access behavior for potential misuse

  • Investigate suspected violations of these Terms

  • Request certification of compliance from Users in cases of suspected misuse

  • Restrict, suspend, or terminate access to Services

The Company further reserves the right to:

  • Issue cease-and-desist notices

  • Pursue takedown actions (including DMCA or platform enforcement)

  • Seek damages, injunctive relief, and other legal remedies

4.12 Monitoring, Audit & Enforcement Rights

To protect its intellectual property, the Company reserves the right to:

  • Monitor usage patterns, platform engagement, and access behavior for potential misuse

  • Investigate suspected violations of these Terms

  • Request certification of compliance from Users in cases of suspected misuse

  • Restrict, suspend, or terminate access to Services

The Company further reserves the right to:

  • Issue cease-and-desist notices

  • Pursue takedown actions (including DMCA or platform enforcement)

  • Seek damages, injunctive relief, and other legal remedies

4.14 No Implied Rights or Licenses

Except as expressly stated, nothing in these Terms grants you:

  • Ownership rights

  • Commercial use rights

  • Teaching, certification, or sublicensing rights

All rights not expressly granted are reserved by the Company.

4.15 Reservation of Future Licensing Rights

The Company reserves the right to offer separate licensing, certification, or partnership agreements that may permit expanded use of its Materials under specific terms.

No such rights are granted under these Terms unless explicitly stated in a separate written agreement.

4.16 Survival of IP Obligations

All intellectual property protections, restrictions, and obligations shall survive:

  • Termination of Services

  • Completion of programs

  • Cancellation of accounts

5. User Conduct

You agree to:

  • Engage respectfully with the Company and other participants

  • Maintain confidentiality in group or community settings

  • Refrain from disruptive, abusive, or harmful behavior

Violation of this section may result in immediate removal from Services without refund.

6. Payments & Refunds

  • All payments are due as stated at the time of purchase

  • Payments are non-refundable unless otherwise explicitly stated in writing

  • Payment plans must be honored in full

  • Failure to complete payment may result in suspension or termination of access

7. Technology & Access

You are responsible for:

  • Maintaining reliable internet access

  • Using compatible devices and systems

  • Accessing required platforms or tools

The Company is not responsible for:

  • Third-party platform outages or failures

  • Connectivity issues

  • User device limitations

8. Disclaimer

The Services are provided for educational and informational purposes only.

They do not constitute:

  • Therapy or mental health services

  • Legal advice

  • Financial or investment advice

  • Medical advice

You are encouraged to seek licensed professionals where appropriate.

9. Limitation of Liability

To the fullest extent permitted by law:

  • The Company shall not be liable for any indirect, incidental, or consequential damages

  • Total liability shall not exceed the amount paid by you for the applicable Services

10. Indemnification

You agree to indemnify, defend, and hold harmless the Company, its owners, affiliates, contractors, and representatives from any claims, damages, liabilities, costs, or expenses arising from:

  • Your use or misuse of the Services

  • Your violation of these Terms

  • Your infringement of any intellectual property or rights

11. Governing Law & Dispute Resolution

These Terms shall be governed by the laws of the State of Texas, without regard to conflict of law principles.

Any disputes shall be resolved through binding arbitration in Austin, Texas, unless otherwise required by law.

12. Modifications

The Company reserves the right to update or modify these Terms at any time.

Changes will be effective upon posting. Continued use of the Services constitutes acceptance of the updated Terms.

13. Contact

For questions regarding these Terms:

The Fortitude Factory LLC

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