Terms of Service

These Terms of Service ("Terms") govern your use of fymnd (the "Platform"), operated by Mitchell Stanton-Nicholson (ABN 93 361 512 919), trading as fymnd ("fymnd", "we", "us"). By creating an account or using the Platform, you agree to these Terms.

1. What fymnd is

fymnd is a public record registry for people building a path out of employment. Members seal declarations, milestones, and outcomes to the Ledger — a cryptographically chained public record that creates a permanent, verifiable record of what they did and when. The Ledger is the core of fymnd. Course content and the creator Marketplace (clause 8) are built around it.

fymnd is a record and accountability tool. It is not financial advice, career advice, investment advice, or a business opportunity. See clause 9.

2. Eligibility

You must be at least 18 years old and capable of forming a binding contract to use the Platform.

3. Accounts

You register with an email address and a password. You are responsible for the security of your account and for all activity under it. Provide accurate information and keep it current. We may suspend or terminate accounts that breach these Terms (see clause 14).

4. The Public Ledger — read this clause carefully

The Ledger is the core of the Platform, and it works differently from most services:

(d) Do not post what you cannot live with. Do not include in Ledger entries: other people's personal information, confidential information belonging to an employer or third party, financial account details, or anything you may later need removed. We may refuse or remove an entry before it is sealed if it breaches these Terms; once sealed, removal is not technically available.

(e) Non-ledger content is different. Account details, course activity, and anything not sealed to the Ledger are private and handled under our Privacy Policy.

(f) Creator Marketplace chain entries. Sealed entries on a creator's chain — including price records at the time of publishing, sale events, lapse notifications, and reinstatement records — are permanent under this clause. Neither the creator nor fymnd can remove them once sealed. Buyer access rights granted through a marketplace purchase are addressed separately in clause 8.

5. Subscriptions and Billing

(a) Founding period (closed). The free founding period has ended. Accounts created during the founding period retain free access and will not be charged a subscription fee unless we give you at least 14 days' clear notice in advance (see clause 20(b)). Accounts created after the founding period closed are free to create. A paid membership subscription is an optional upgrade, activated from your account's billing page, that activates member features; sub-clauses (b)–(e) apply to it.

(b) Paid subscriptions. Subscriptions are billed in advance on a recurring basis via Stripe at the price and interval shown at checkout. Amounts are in AUD and include GST where applicable.

(c) Cancellation. You may cancel at any time from your account settings. Cancellation takes effect at the end of the current billing period; you retain access until then. We do not provide pro-rata refunds for partial periods, except as required by law.

(d) Price changes. We may change subscription pricing with at least 30 days' notice. Continued use after the change takes effect constitutes acceptance.

(e) Payment processing. Payments are processed by Stripe. We do not store your full card details. Stripe's own terms and privacy policy apply to payment processing.

(f) Creator subscriptions. Creators who publish on the Marketplace pay a separate recurring creator subscription (currently A$60/month, AUD). Sub-clauses (b)–(e) apply to creator subscriptions. For creator-specific terms including the platform fee schedule and lapse rules, see clause 8.

6. Refunds

We do not offer refunds for change of mind, failure to use the Platform, or dissatisfaction with your own results. Marketplace course purchases are one-time charges; they are not refundable for change of mind or non-use.

However, nothing in these Terms excludes your rights under the Australian Consumer Law. Our services come with guarantees that cannot be excluded, including that services will be provided with due care and skill and be fit for purpose. If there is a major failure with the service, you are entitled to a refund or to cancel; for other failures you are entitled to have the problem remedied. Equivalent non-excludable consumer rights in your own jurisdiction are also unaffected. These statutory guarantees apply to Marketplace course purchases in the same way.

7. Course Content and Licence to You

We grant you a personal, non-exclusive, non-transferable licence to access course content for your own use while you have access rights. You must not copy, resell, redistribute, or publish course content, or use it to build a competing product. All intellectual property in the Platform and its content remains ours or our licensors'.

For courses purchased through the Marketplace, your licence is granted by the individual creator, not by fymnd. fymnd does not warrant the quality or fitness of Marketplace course content beyond your non-excludable statutory rights. Your Marketplace purchase access rights survive the creator's lapse or account closure (see clause 8(d)).

8. Creator Marketplace

(a) Independent creators and GST supplier status. Creators who publish on the Marketplace are independent operators — not employees, agents, or partners of fymnd. By creating a creator account and agreeing to these Terms, each creator enters a written agreement with fymnd under section 84-60 of the A New Tax System (Goods and Services Tax) Act 1999 (Cth). Under this agreement, fymnd is treated as the supplier of courses to buyers for GST purposes. fymnd remits GST on the full gross sale price and issues all tax invoices to end buyers. This applies to all domestic creators regardless of their own GST registration status — section 84-60 requires only fymnd to be GST-registered. For overseas creators, the same liability arises compulsorily under section 84-55. By creating a creator account you also agree to Stripe's Connected Account Agreement.

(b) Platform fee. On each course sale, fymnd retains a platform fee from the gross sale price. The fee rate is tiered by the creator's cumulative net verified sales on the Marketplace, subject to the GST floor below:

• 20% on the first A$1,000 of cumulative net verified sales
• 12% from A$1,000 to A$10,000 of cumulative net verified sales
• 6% at A$10,000 and above

GST floor. As MOR, fymnd remits GST of 1/11 of the gross sale price to the ATO on every transaction regardless of the creator's registration status. A fixed A$0.30 is added to every tier's fee to absorb the payment gateway's fixed authorisation charge; this applies to all creators and all card origins — there is no minimum course price. Where the creator is not registered for GST, fymnd cannot claim an input tax credit on the payout. In that case, the variable component of the fee is the greater of the creator's tier rate and 20% — a floor below which the platform cannot cover its GST liability on the gross sale. Without the ITC, the 12% and 6% tiers go negative on international transactions; the floor collapses them to 20%. Where the creator is GST-registered and has provided a valid ABN, the creator's incoming payout is a taxable B2B supply from creator to fymnd; fymnd issues a Recipient Created Tax Invoice (clause 8(h)) and claims the input tax credit on that payout. The net GST cost is then 1/11 of the platform fee only — all tier rates are viable and the full fee decay schedule applies. GST registration enables full fee decay.

The applicable rate is computed at checkout and recorded in the Stripe session at the time of the sale. Both the tier rate and the effective rate are sealed as a permanent entry on the creator's chain. The creator receives net proceeds via their Stripe Connect account after the platform fee is applied.

(c) Sealed pricing. When a creator publishes a priced course, the price is sealed as a permanent entry on their creator chain. All sealed prices are GST-inclusive. The price shown to buyers at checkout reflects this sealed record. A price change seals a new entry; the prior record remains on the chain. A creator whose cumulative turnover subsequently crosses the A$75,000 GST registration threshold must register with the ATO. Once registered, the creator's payout from fymnd constitutes a taxable supply that the creator must account for in their own BAS returns; fymnd will begin issuing Recipient Created Tax Invoices for those payouts (clause 8(h)). The sealed course price does not change as a result of the creator's registration — any adjustment to the creator's cost base from GST obligations does not affect the buyer-facing price.

(d) Lapse and buyer access. If a creator's subscription lapses, their courses are immediately removed from sale and marked unavailable on the Marketplace. A lapse event is a public, permanent record on the creator's chain. Existing buyers retain permanent access to courses they purchased before the lapse. fymnd will use reasonable efforts to maintain that access regardless of the creator's subscription status.

(e) Declaration requirement. To publish a priced course, a creator must have a sealed public declaration on record (clause 4). That declaration is permanent and publicly visible and is a condition of selling on the Marketplace.

(f) No refunds on course purchases. Marketplace course purchases are final. We do not offer refunds for change of mind or non-use. Nothing in this sub-clause excludes your statutory rights under the Australian Consumer Law (see clause 6).

(g) Creator chain entries are permanent. All sealed entries on a creator's chain — pricing records, sale events, tier-promotion records, lapse events, reinstatement events — are subject to clause 4(b) and (f). Neither the creator nor fymnd can remove them.

(h) Recipient Created Tax Invoices (RCTI). By agreeing to these Terms, each creator who is registered for GST enters an RCTI agreement with fymnd under Division 29 of the GST Act. Under this arrangement: (i) fymnd will issue all RCTI documentation for each payout to the creator; (ii) the creator will not issue a tax invoice for the same supply; and (iii) both parties acknowledge that fymnd is registered for GST and that the creator was registered for GST at the time of entering this agreement. This RCTI arrangement takes effect upon the creator providing a verified ABN and GST-registration declaration at signup and remains in force while both parties are GST-registered. A creator who subsequently deregisters must notify fymnd immediately; the RCTI arrangement will be suspended from that date and the GST floor clause 8(b) will apply.

9. No Guarantees of Income or Outcomes

10. Your Content

You retain ownership of content you submit. For non-Ledger content, you grant us a licence to host and display it as needed to operate the Platform, which ends when the content is deleted. For Ledger entries, the licence in clause 4(c) applies.

You warrant that content you submit is yours to post, is accurate to the best of your knowledge, and does not infringe anyone's rights.

11. Acceptable Use

You must not:

• (a) post false or fraudulent records or manufactured "results"
• (b) use the Platform to promote schemes, solicit investment, or recruit for other programs
• (c) harass other members, including over lapsed or failed records
• (d) scrape, reverse-engineer, or interfere with the Platform or the Ledger chain
• (e) use the Platform for anything unlawful
• (f) impersonate any person or misrepresent affiliation

12. Third-Party Services

The Platform integrates third-party services (including Stripe for payments and Resend for transactional email) and may link to external tools referenced in course content. We are not responsible for third-party services, their availability, or their terms.

13. Availability

We aim to keep the Platform available but do not guarantee uninterrupted access. We may modify features from time to time. If we ever discontinue the Platform, we will use reasonable efforts to give notice and, where practicable, preserve public access to the sealed Ledger chain, but continued hosting is not guaranteed indefinitely.

14. Suspension and Termination

We may suspend or terminate your access for material breach of these Terms, unlawful conduct, or fraudulent Ledger activity. You may close your account at any time. Closing your account does not remove sealed Ledger entries (clauses 4(b) and 15). Clauses that by their nature survive termination (including 4, 6, 8, 9, 10, 15, 16, 17, 18, 19, 20) survive.

15. Erasure and the Record

You can ask us to erase content you have posted. We will delete it. What survives is the entry itself: its position in the chain, its timestamp, and its hash — replaced with a redaction marker.

This is not a loophole. Those three values are what make every later entry verifiable. Removing them would break the chain for everyone who came after you.

So: your content is erasable. The cryptographic record that an event happened is not. Anyone verifying the chain will see that an entry existed at that position and was redacted. They will not see what it said.

16. Handles

Your handle is the identifier of your record, and a creator handle is the identifier of their chain. It is permanent. Changing it would mean starting a new chain with no history, so we do not support renames — choose it accordingly.

17. What Erasure Does Not Cover

Transaction records we are required to keep under Australian tax and financial-records law, for as long as the law requires.

18. Liability

To the maximum extent permitted by law, and subject always to clause 6 and your non-excludable statutory rights:

• (a) the Platform is provided "as is"
• (b) we exclude liability for indirect or consequential loss, loss of income or profits, loss of employment, and loss of opportunity, including any loss arising from decisions you make in reliance on Platform content or your own or others' Ledger records
• (c) our total aggregate liability to you is limited to the greater of (i) the amounts you paid us in the 12 months before the claim arose and (ii) AUD $100
• (d) where liability cannot be excluded but can be limited, it is limited to re-supplying the services or paying the cost of re-supply

19. Indemnity

You indemnify us against claims by third parties arising from content you post (including Ledger entries), your breach of these Terms, or your unlawful conduct, except to the extent caused by us.

20. General

(a) Governing law. These Terms are governed by the laws of Western Australia, Australia, and you submit to the non-exclusive jurisdiction of its courts.

(b) Changes. We may update these Terms. Material changes will be notified via the Platform or email at least 14 days before taking effect. Continued use after the effective date constitutes acceptance.

(c) Severability. If any clause is unenforceable, the remainder continues in force.

(d) Entire agreement. These Terms, the Privacy Policy, and any checkout terms are the entire agreement between you and us regarding the Platform.

21. Contact

Mitchell Stanton-Nicholson trading as fymnd
Email: CEO@FYMND.com

22. Backing

(a) What backing is. A backing is a recurring monthly payment from one member (the backer) to another member's record (the run). It is not a purchase of goods, content, or access. It is not a loan, an investment, a security, or any interest in the backed member's revenue, business, or property. No return is promised or implied. The backed member owes the backer no deliverable, no service, and no communication.

(b) What a backer receives. Standing: a permanent, dated record on the run showing that the backer supported it from a given date. Standing reflects settled payment only.

Standing is not access. It does not unlock lessons, courses, rooms, or any other part of the Platform. Everything shown on a run — the declaration, the target, the deadline, verified revenue to date, and the Open / Lapsed / Met arc — is public to anyone and is not gated behind backing.

(c) Backing is not verified revenue. Money received through backing is recorded separately from verified revenue. It does not count toward the backed member's declared target [except where the declared mechanism is patronage], and it does not contribute to fee tiers or to any status derived from verified revenue.

(d) A lapse does not end a backing. If the backed member's declaration lapses, backings continue unchanged. A backer may cancel at any time. Neither the Platform nor the backed member may cancel a backing on account of a lapse.

(e) Dormancy pauses a backing. A member's run is archived for inactivity if 90 or more consecutive days pass without a sealed entry on their chain. While archived, every backing to that run is paused and no further payment is taken. A paused backing does not resume automatically. If the member seals a new entry and their run is no longer archived, the backing stays paused until the backer explicitly resumes it.

(f) Closure ends a backing. If the backed member closes their account, every backing to that run is cancelled and no further payment is taken. Standing already recorded is preserved under §15 and §16.

(g) Cancellation and refunds. A backer may cancel at any time. Cancellation stops future payments. It does not refund payments already taken; §6 applies. Standing already recorded is preserved.

(h) Reversal. Where a payment is refunded, charged back, or otherwise reversed, the standing attributable to that payment is reversed with it.

(i) Fees and GST. The Platform takes a fee on each backing payment at the rate stated for backing. Fees and displayed amounts are GST-inclusive.

(j) Eligibility. A member may not back their own run. A member may not receive backings until their payout account is enabled.