01 · Who may become a member
BrainTrust membership is intended for financial firms and the personnel who run their compliance, technology, and executive functions — including SEC-registered investment advisers, broker-dealers, hedge funds, family offices, and institutional asset managers — for use within their own compliance program.
Membership is not licensed to consultants, advisers, resellers, or service providers who intend to use, repackage, or redistribute BrainTrust materials in the course of delivering paid services to third parties. If your purpose is to obtain MTradecraft materials in order to resell, white-label, or build a competing or derivative offering, you are not eligible to register.
02 · What your membership includes
Your membership grants access to the materials made available under your tier — the documents, templates, guides, and commentary published to BrainTrust Free or BrainTrust Premium, as applicable. These materials are licensed to you, not sold. MTradecraft LLC retains all ownership and intellectual property rights in them.
Your membership may also include access to interactive tools and services appropriate to its tier, governed by Section 06.
03 · Fees, billing, and pricing
Paid memberships are billed through our third-party payment provider on the terms presented to you at checkout — ordinarily an annual subscription that renews automatically until you cancel. You can view your plan, update your payment details, or cancel at any time from your account. Cancellation stops future renewals and takes effect at the end of the term you have already paid for; except where the law requires otherwise, fees already paid are non-refundable.
We may change our pricing from time to time, and the price of a membership for new members may rise as we add tools, materials, and services to a tier. If you hold a paid Premium membership, the rate you enrolled at is locked for as long as your membership remains continuously active, and new tools we add to your tier are included at no change to your price. If your membership lapses, is cancelled, or is not renewed, any later re-enrollment is at the then-current rate.
04 · What you may do
Within your own firm, and for your own firm’s internal compliance program, you may:
- Download, use, and retain copies of the materials available under your tier.
- Adapt the templates and policies to reflect your firm’s actual practices and obligations.
- Use the adapted documents internally and present them to your regulators, auditors, and examiners as your firm’s own records.
The license is single-firm and internal. It covers the firm that holds the membership and that firm’s employees.
05 · What you may not do
You may not, without MTradecraft’s prior written permission:
- Resell, sublicense, rent, or otherwise distribute the materials for value.
- Republish, post publicly, or share the materials outside your firm.
- Repackage, white-label, or incorporate the materials into a product or service you offer to third parties.
- Use the materials to deliver paid compliance, consulting, or advisory services to clients other than your own firm.
- Share your account credentials with anyone outside your firm, or use a single membership to serve multiple unaffiliated firms.
- Remove or alter attribution, notices, or identifying marks in the materials.
06 · External security tools & authorization
Some memberships include access to security tools and services that MTradecraft provides now or introduces in the future — for example the External Exposure Snapshot, the Incident Response Plan Builder, and the Vendor Due Diligence portal, together with any successor or additional tools we release. New tools are governed by these same terms when they become available.
Certain of these tools examine the internet-facing assets — domains and related infrastructure — associated with your firm, using only passive, non-intrusive analysis of publicly available information (such as public DNS records, certificate-transparency logs, email-authentication settings, look-alike domains, and publicly exposed services). They do not include active testing, exploitation, credentialed access, or any attempt to gain unauthorized entry to your systems. Any active testing of that kind is performed only under a separate written engagement with its own rules of engagement.
You may identify the assets you own or control that you would like assessed. MTradecraft, not the member, enters assets into the assessment scope, and we will confirm that an asset is one you own or control before adding it. We may decline to assess any asset we cannot verify.
By identifying an asset and receiving a tool that examines it, you authorize MTradecraft to perform the passive analysis described above against that asset for the purpose of supporting your firm’s compliance program, including its Regulation S-P and Regulation S-ID obligations. You represent that you own or are authorized to permit assessment of each asset you identify, and that you will not identify assets belonging to any third party without that party’s authorization. Results are provided to you for your firm’s internal use. For how we store and protect this information, see our Privacy Policy.
The tools are provided on an as-available basis. MTradecraft may add, modify, suspend, or discontinue any tool at any time, and some tools may be offered on a beta or preview basis and may be incomplete, change, or be withdrawn without notice. You may not attempt to disrupt, overload, probe, scrape, reverse-engineer, or circumvent the access controls of any tool, and you may not use any tool to access or assess data or assets belonging to any person or firm other than your own.
You may withdraw an asset from scope, or revoke this authorization, at any time by written notice to MTradecraft; ending your membership ends this authorization going forward.
07 · No professional relationship
BrainTrust materials and tools are reference templates, educational resources, and informational aids. Membership does not create an attorney–client relationship, a formal compliance-consulting engagement, or any fiduciary or advisory duty between you and MTradecraft. The materials and tool outputs are not legal advice, and accessing them does not make MTradecraft your firm’s compliance officer, counsel, or CISO.
You are responsible for reviewing every document and tool output with qualified professionals and adapting it to your firm’s specific facts and obligations before relying on it. Any email support provided with your membership is informational in nature and subject to reasonable use; it does not constitute compliance consulting, legal advice, or an advisory engagement.
08 · No warranty
The materials and tools are provided “as is” and “as available,” without warranty of any kind, express or implied, including any implied warranty of merchantability, fitness for a particular purpose, accuracy, or non-infringement. Regulations, guidance, and enforcement priorities change, and a template or assessment that was accurate when produced may not reflect current requirements. MTradecraft makes no warranty that the materials or tool outputs are complete, current, secure, error-free, or suitable for your firm’s situation. Verifying current applicability is your responsibility.
09 · Assumption of risk & limitation of liability
You access and use the BrainTrust materials, tools, and assessment results entirely at your own risk. A passive assessment is a limited, point-in-time view built only from publicly available information; it is not exhaustive, it will not identify every exposure, vulnerability, or risk your firm faces, and the absence of a finding is not assurance that a risk does not exist. You remain solely responsible for the security, compliance, and operation of your own firm and its systems, and for any decision you make or decline to make on the basis of anything MTradecraft provides.
To the fullest extent permitted by law, MTradecraft LLC and its owners, members, officers, employees, and agents will not be liable for any loss, damage, cost, claim, regulatory action, security incident, business interruption, lost data, lost profits, or other harm arising out of or relating to your access to or use of — or your inability to use — the materials, tools, or assessment results, whether the claim is based in contract, tort (including negligence), strict liability, or any other theory, and whether or not MTradecraft has been advised of the possibility of such harm. This exclusion applies equally to direct, indirect, incidental, consequential, special, exemplary, and punitive damages.
Where liability cannot be excluded entirely as a matter of law, MTradecraft’s total aggregate liability for all claims relating to your membership will not exceed the total fees you paid MTradecraft for that membership in the twelve months preceding the event giving rise to the claim — and, for members who pay no fee, one hundred U.S. dollars (US$100). Some jurisdictions do not allow certain of these exclusions or limitations; where that is the case, they apply to the maximum extent the law permits.
10 · Indemnification
You agree to defend, indemnify, and hold harmless MTradecraft LLC and its owners, members, officers, employees, and agents from and against any claim, demand, investigation, loss, liability, damage, cost, or expense (including reasonable attorneys’ fees) arising out of or relating to: (a) your access to or use of the materials, tools, or assessment results; (b) any asset you identified for assessment that you did not own or were not authorized to permit MTradecraft to assess; (c) your breach of this policy or of any representation you have made in it; or (d) your violation of any law or of any right of a third party.
11 · Termination
Any breach of this policy — particularly the resale and redistribution restrictions in Section 05 — terminates your license immediately. MTradecraft may suspend or revoke access at its discretion and reserves all rights and remedies available to it. The restrictions and disclaimers in Sections 05 through 10 survive termination of your membership.
12 · Changes to this policy
MTradecraft may update this policy from time to time. The current version, and the date it took effect, will always appear at the top of this page. Your continued use of BrainTrust materials and tools after a change takes effect constitutes acceptance of the updated policy.
13 · Governing law
This policy is governed by the laws of the State of Texas, without regard to its conflict-of-laws provisions.
14 · Contact
Questions about this policy can be directed to support@mtradecraft.com.