Release summary: Seller and payment-loss responsibility; annual liability caps and conditional Australian Consumer Law remedies; contracting identity; eligible payment channels; closure and credit deadlines; material provider changes.
1 Parties and agreement
1.1 BusinessThing is operated by Joseph Jack Nutt trading as HumanKindly, ABN 93 140 434 991, of 28 Godfrey St, Port Adelaide SA 5015, Australia (we, us, our). You means the legal person identified in the acceptance record: the individual for a sole trader, the company for a company, or the identified trustee in its capacity as trustee where applicable. A trading name or workspace label does not create a separate legal person. Before acceptance you must provide the correct legal name, any trading name and applicable ABN/ACN, and identify any trustee capacity. The person accepting confirms they are at least 18 and authorized to bind that person in the stated capacity. We may request reasonable supporting information. A change to a label, staff role, billing contact or payment account does not by itself transfer this agreement or release an accrued obligation.
1.2 These terms govern the enabled Storefront Portal, hosted organizer storefronts and associated services (Service). The agreement includes these terms, the Data Processing Addendum (DPA), the Acceptable Use Policy (AUP) and your expressly accepted commercial offer. Our Privacy Policy explains information handling; it is not blanket consent to unrelated collection or marketing.
1.3 Mandatory law prevails. Otherwise an expressly varying signed agreement prevails for its subject; the DPA prevails on customer-data handling; your accepted commercial offer prevails on its agreed prices and entitlements; and these terms prevail over the AUP. Paddle's separate terms govern its resale/payment transaction and do not remove our duties for providing the Service.
1.4 This beta is offered to Australian businesses using AUD. Their storefronts may accept overseas shoppers, subject to applicable law and supported payment methods. A South Australian governing-law clause does not remove a shopper's applicable mandatory rights. Existing negotiated and complimentary arrangements continue on their terms. Acceptance identifies the organization and document release; creating a personal login alone does not authorize purchases for another business. These terms do not create retrospective acceptance or charges.
2 Service and accounts
2.1 The Service supports enabled event and course listings, tickets, add-ons, registration, order administration, refunds and event-day workflows. Features depend on entitlements and the release made available. The beta includes Staff Mobile, supported offline workflows and supported in-person card-reader payments. Availability depends on compatible devices, permissions, connectivity and payment-provider requirements; this does not promise that every payment can be accepted offline. Website access is optional unless included in your arrangement.
2.2 We grant you a non-exclusive right to use the Service for your business and permit authorized staff to use it within your entitlements. You may operate storefronts using the provided tools. Reselling independent access requires our agreement.
2.3 The first included owned workspace has no recurring monthly base fee. This is not a time-limited trial that automatically becomes a paid base subscription. Eligible sales still attract the agreed usage fee. Additional workspaces and optional products require the relevant purchase and authorization.
2.4 You control staff permissions and must take reasonable steps to secure credentials and devices, remove departed staff and report suspected unauthorized access. We remain responsible for our own security controls. A billing-owner transfer requires the supported process; promoting a colleague does not itself transfer the billing contract.
2.5 You are responsible for your offering's legality, safety, accurate description, required permissions and insurance, and appropriate customer terms. Recording a waiver or guardian declaration does not establish legal enforceability, independently verify identity or authority, or certify an activity's safety.
2.6 The Service is general operational software, not a clinical record or emergency-response system. During this beta, do not request or upload injury or medical information, clinical notes, diagnoses, treatment records or other sensitive information. Use registration questions for necessary ordinary booking details only. If such information is supplied accidentally in free text, images or support messages, notify us securely so it can be restricted and handled lawfully; this prohibition does not remove either party's duties for information actually received.
3 Beta availability and support
3.1 We will use reasonable care and skill in providing the Service. Beta features may change as defects and feedback are addressed. We do not promise uninterrupted availability or a service level unless separately agreed. We will give reasonable notice of planned material interruptions where practicable.
3.2 Support is available at humankindlytech@gmail.com on a reasonable-efforts basis. No continuous staffing or fixed response time is promised. Include the workspace and order reference; do not email passwords, card details, access tokens or ticket QR codes.
3.3 Keep appropriate event contingency arrangements, secure staff devices and securely store any exports you obtain. Offline records can be out of date; synchronize and resolve pending commands, sales and receipts through the supported process. Report a lost or compromised device promptly. Disconnecting a device does not prove that its cached information has been erased. This does not reduce our own obligations to protect data or provide remedies for our failure.
3.4 If we withdraw a paid feature or materially reduce its core functionality during a paid period, we will explain the change and offer a reasonable remedy. This may include equivalent functionality, cancellation and an appropriate unused-period refund through Paddle. Mandatory remedies remain available.
4 Prices and optional purchases
4.1 Applicable prices, rates and limits are shown before purchase or authorization. The commercial schedule summarizes launch defaults; your expressly accepted organization-specific arrangement controls where it differs. Each workspace is billed separately.
4.2 Joining another workspace as an invited non-owner does not consume your included owned-workspace allowance. Included seats count the owner; pending invitations reserve capacity. Additional owned workspaces require their own base subscription.
4.3 Optional website and additional-seat products recur on the disclosed cycle. The review screen shows recurring totals and any immediate prorated charge or credit before confirmation. Removal preserves existing content and records, but relevant access and future capacity change. Restored website access may require an explicit publication action.
4.4 Launch prices are in AUD and include GST where applicable. The stated recurring amounts and usage rate include any applicable tax on the platform purchase; GST is not added on top of those amounts. Paddle determines and records tax on its resale under its own obligations. A price described as inclusive does not assert that GST is charged where it does not apply. The operator's, Paddle's and an organizer's tax registrations are separate matters.
4.5 We may propose a price increase on at least 30 days' notice, no earlier than the applicable future renewal or usage period. You may cancel the affected purchase before it applies without an additional cancellation penalty. Longer notice or fixed-price protections in your accepted offer continue. A change requiring express agreement will not be treated as accepted merely because a notice was published.
5 Platform usage
5.1 The launch usage fee is the agreed percentage of the full eligible shopper payment retained for a ticket and add-on order after discounts, including customer GST, other customer taxes and any other amounts included in that order payment. Stripe processing costs do not reduce that base. The platform usage fee billed separately through Paddle is not itself part of the shopper-payment base. The agreed percentage includes any applicable GST on the platform fee; GST is not added on top of that percentage charge. Organization-specific rates and exemptions apply where expressly agreed.
5.2 Usage starts at confirmed activation for your workspace; earlier activity is not backbilled under that authorization. Instalment receipts allocate the underlying eligible value. Completed refunds and lost disputes adjust usage; a dispute reversal can restore a previous adjustment. These calculations do not determine the customer's legal entitlement to a refund.
5.3 For the launch monthly-usage arrangement, Stripe processes your customer payments without deducting this platform usage fee as a Stripe application fee. Paddle collects it separately after each UTC calendar month. An expressly retained historical collection arrangement must be separately identified, with no duplicate collection of the same fee.
5.4 Credits and charges below Paddle's applicable currency minimum may carry forward during ongoing use. A refund adjustment may reduce a later bill rather than immediately repay an earlier charge. Within 30 calendar days after effective closure we will provide a reconciliation identifying accrued charges, credits, any genuinely unresolved items and the undisputed balance. We will request the supported return of an undisputed credit through Paddle within 30 calendar days after identifying it, and give you the request reference or other available evidence and expected settlement timing. We will not hold an undisputed credit solely because a separate item remains unresolved. Any retained amount must be reasonably necessary for an identified unresolved item, with reasons and an update at least every 30 calendar days until resolved. Provider processing can affect settlement timing; we will explain and follow up a material delay. A minimum does not forfeit a credit or require a future purchase. We will correct errors, deduct recoveries already received and arrange any further credit promptly. Statutory and applicable Paddle refund rights remain available.
5.5 The agreed rate and method are shown before billing authorization. A zero-dollar recurring base authorization enables variable usage billing; it does not make paid sales free. Authorization covers correctly calculated agreed charges, not arbitrary amounts or unrelated debts.
5.6 An eligible shopper payment is an amount actually received for a ticket or add-on order created through the hosted storefront or supported Staff Mobile sales workflow, after confirmed usage activation for that workspace. This includes supported online Stripe payments, Stripe reader or Tap to Pay receipts, and cash receipts recorded and confirmed through Staff Mobile, including supported offline receipts when synchronized and reconciled. Instalments count only as collected; cash change, declined or unpaid amounts, free orders, duplicates and platform software purchases are excluded. Transactions wholly outside those workflows are excluded unless an expressly accepted offer identifies them. Refunds, lost disputes, reversals, original rates and historical order versions follow sections 5.1–5.3. The offer must identify any channel-specific exemption or different rate; enabling a new channel does not retrospectively change agreed eligibility.
6 Paddle billing and cancellation
6.1 Paid software purchases and usage charges are sold through Paddle, our authorized reseller and merchant of record for those transactions. Paddle charges the authorized method and provides its receipt or invoice. Its Buyer Terms and Refund Policy apply alongside our agreement for the Service and identify the relevant Paddle entity.
6.2 Recurring purchases renew on the disclosed cycle until cancelled. Use workspace billing links, Paddle's customer portal or https://paddle.net, or ask us for assistance. The cancellation confirmation states its effective date. These terms do not promise a one-click route, a universal renewal-reminder schedule or timing beyond the actual purchase and provider confirmation.
6.3 Cancellation stops renewals from its effective date. Correctly accrued usage remains payable, including a later collection for earlier eligible sales. It does not authorize future accrual outside the agreed activation/entitlement rules or remove a valid credit.
6.4 Effective cancellation of platform billing on an included workspace removes readiness for new paid checkouts; included Portal access, free orders and supported recovery remain available. Effective cancellation or pause of a required additional-workspace subscription can also pause staff access and all new bookings, including free bookings. Existing orders and records are handled under the DPA; contact support for necessary recovery or export.
6.5 The current launch policy allows 14 days to recover failed usage collection before new paid checkouts are blocked. Other subscription failures follow their subscription status and disclosed access policy. We will explain restrictions and recovery and limit action to what is reasonably necessary.
6.6 Identify any billing dispute promptly with its transaction reference. We will investigate in good faith. You retain statutory remedies, chargeback rights and regulator access. Refunds and corrections to Paddle transactions follow Paddle's applicable procedure; we assist where the issue concerns our Service.
7 Your customer sales and Stripe
7.1 You contract directly with your customers as the seller of your events, tickets and add-ons. You are responsible for their performance, safety, description, lawful pricing, customer tax, admissions, disputes and refunds, including where your event is cancelled or your business cannot perform. We supply software and technical payment integration. We do not undertake your event obligations, guarantee your solvency, insure your sales or promise to fund your refunds or negative payment balance. Configuring a storefront, issuing a ticket, recording a payment or transmitting an authorized instruction does not by itself make us the seller of your offering. We remain responsible for our own representations, acts, omissions and obligations imposed by law.
7.2 Customer payments use your connected Stripe account under Stripe's applicable Connected Account Agreement and service terms. You must own or be authorized to operate the connected account for the identified seller, complete required verification and keep information current. The supported model uses direct charges on the organization's account. Stripe determines its fees, payment methods, reserves and payout decisions under its agreements. Negative-balance responsibility also depends on the applicable Stripe agreement and verified account configuration; these terms do not change Stripe's rights or promise that a label such as Standard removes every platform obligation. Stripe fees are separate from our usage fee.
7.3 Customer prices must meet law and payment-network rules. Do not add a prohibited card surcharge or disguise it as another fee. Include mandatory charges in the total price as required before purchase.
7.4 You must meet the refund, chargeback, reversal and payment-provider obligations relating to your sales that law and your provider agreement allocate to you, and maintain reasonable arrangements to fund foreseeable refunds and disputes. If a payment provider lawfully requires us to pay an amount attributable to those obligations, you must reimburse only the documented net amount we have actually paid or are finally and legally required to pay, to the extent you are responsible. This is limited to the relevant transaction principal and directly associated reasonable provider dispute, refund or reversal fees. It excludes our lost profits, general overheads, internal handling charges and fines or penalties. It also excludes amounts caused or contributed to by our breach, negligence, fraud, misconduct or unauthorized activity, and amounts attributable to provider error or conduct for which you are not responsible. We must take reasonable steps to mitigate and pursue reasonably available corrections. Recoveries and credits from you, Stripe, a bank, insurance or another source reduce the same claim; there is no double recovery. The specific cap treatment in section 10.5 applies.
7.5 These terms do not create an unrestricted debit mandate or themselves give us control of your bank account, reserves or payout delays. Any such mechanism needs provider authority, lawful grounds and a disclosed agreement. We may proportionately restrict new payment activity under section 12.
7.6 Instalment options must show the payment schedule, cancellation conditions and customer authorization before purchase. Under the described launch model we do not advance the unpaid price to you. Feature availability does not determine whether your offering is exempt from credit regulation; obtain any required approvals and use supported configurations.
7.7 A reimbursement request under section 7.4 must identify the affected transactions, provider basis, calculation, exclusions and available supporting evidence, with other people's information appropriately redacted. You have at least 30 calendar days to raise a reasoned dispute and must pay an undisputed amount within that period. A genuinely disputed amount is not treated as a payment default solely while we review it in good faith; both parties must cooperate promptly. We will explain the outcome and available dispute route. Any later recovery exceeding the amount properly due must be returned within 30 calendar days after receipt, using a lawful and supported method. This does not shorten statutory rights or prevent urgent protective action under section 12.
7.8 Within your Stripe authorization and the supported features you select, you authorize us to access relevant connected-account, customer, payment, refund, dispute and reconciliation information; transmit your authorized checkout, instalment, refund and reader instructions; and share the information reasonably needed for those functions with Stripe. We act only within the relevant authority, our agreement and law, and must respect withdrawal of authority. This does not give us a general power to borrow, guarantee debts, redirect payouts or debit accounts, or authorize unrelated payments.
7.9 You must promptly tell us of material information affecting lawful payment use or fulfilment, including suspected fraudulent activity, unauthorized account access, a material event cancellation or inability to meet refund obligations. Provide reasonable transaction and fulfilment evidence within an applicable provider deadline where practicable. We may restrict new platform payment activity where reasonably necessary under section 12 and cooperate with lawful provider investigations. A restriction in our software does not promise that we control Stripe payouts or transactions outside our software.
8 Data and privacy
8.1 You retain your rights in your content and data. You grant us the rights reasonably needed to host, process, transmit and display it to provide, secure and support the Service, comply with law and follow lawful instructions. This does not authorize sale of customer lists or unrelated advertising using identifiable customer information.
8.2 Provide lawful collection notices, collect necessary information only, obtain required consents and configure permissions appropriately. We must meet our own duties for information we collect or hold. The DPA's operational allocation does not displace either party's statutory obligations.
8.3 Providers and handling follow the DPA and provider list. Genuinely de-identified aggregates may be used for reliability and improvement where lawful and consistent with that agreement. Removing a name alone does not establish de-identification. Requests, incidents, return and deletion follow the DPA and Privacy Policy.
9 Intellectual property and confidentiality
9.1 We and our licensors retain rights in software, documentation and branding; you retain rights in your content and must have permission to publish it. Feedback may be used to improve the Service without transferring your underlying confidential information or customer data.
9.2 Each party must protect the other's non-public information with reasonable care, use it for this agreement, and disclose it only to people who need it and have appropriate confidentiality duties. Exceptions cover information lawfully public, independently developed or lawfully obtained elsewhere. Legally compelled disclosure is permitted, with notice where lawful and practicable.
10 Consumer rights and liability
10.1 Nothing excludes, restricts or modifies any right, guarantee or remedy that cannot lawfully be excluded, including under the Australian Consumer Law (Mandatory Rights). Business customers can also have Mandatory Rights.
10.2 Subject to Mandatory Rights, each party is responsible for reasonably foreseeable loss caused by its breach, negligence or misconduct. Hosting an organizer's storefront does not itself make us responsible for its underlying event, but we remain responsible to the extent our conduct causes or contributes to loss.
10.3 Subject to sections 10.1 and 10.5, each party's total aggregate liability for all claims assigned to a contract year is limited to the greater of AUD 1,000 and the applicable combined platform fees defined below. For breach of confidentiality, the DPA or personal-information security duties, the corresponding annual aggregate cap is the greater of AUD 10,000 and three times those fees. These contractual caps allocate liability between the parties only; they do not bind another person or a regulator.
For this section, contract years are successive 12-month periods beginning when these terms first lawfully take effect between us and the same legal customer. Adding a workspace or changing a workspace name does not restart that period. A claim is assigned to the contract year of the event first giving rise to it. Related claims from the same event or connected series are assigned to the year of the earliest event, including when loss is discovered later or the series continues into another year. Unrelated events in the same contract year share the annual aggregate; they do not each receive a new cap. Earlier versions remain applicable to claims governed by them.
For each event or related series, the fee reference is the combined platform fees paid or payable for its affected workspaces in the 12 months immediately before its earliest event. The applicable combined platform fees for a contract year are the highest such fee reference for claims assigned to that year, not the sum of separate references. Paddle's resale of our software does not exclude those platform fees; shopper sale proceeds and Stripe processing fees are excluded. Combining affected workspaces does not multiply the minimum cap. For mixed ordinary and information-handling claims assigned to a year, the ordinary component remains within the ordinary annual cap and the total remains within the higher applicable annual cap; the caps are not added together.
10.4 Neither party is liable for loss not reasonably foreseeable on entering the agreement. This does not exclude otherwise recoverable direct and reasonable data restoration costs. Each must mitigate reasonably; responsibility is reduced to the extent the other contributed to loss.
10.5 The limitations do not limit Mandatory Rights, fraud, deliberate misconduct, liability for death/personal injury that cannot lawfully be limited, or payment of correctly accrued fees or refunds and credit balances properly due. The specific reimbursement obligation in section 7.4 is outside the monetary caps in section 10.3, but only for the net transaction amounts and directly associated provider fees meeting all the limits and safeguards in sections 7.4 and 7.7. It does not make other damages, consequential losses or general third-party indemnities uncapped. An employee accepting for an organization does not thereby give a personal guarantee. Nothing authorizes a liability allocation that law prohibits.
10.6 Each party must reimburse reasonable third-party claims to the extent caused by its unlawful content, infringement, breach of confidentiality or material information-handling breach. This is subject to sections 10.1–10.5, prompt notice, mitigation and a fair opportunity to participate in the defence. A settlement admitting another party's fault or imposing obligations on it needs its reasonable consent.
10.7 Only where section 64A of the Australian Consumer Law permits this limitation for the business services we supply, and it is fair and reasonable for us to rely on it in the circumstances, liability for a failure to meet an applicable consumer guarantee is limited, at your election, to performing the affected services again or paying the reasonable cost of obtaining their repeat performance. This clause does not apply to services ordinarily acquired for personal, domestic or household use, to a liability section 64A does not permit us to limit, or where reliance would not be fair or reasonable. It does not limit another non-excludable right, and the monetary caps in section 10.3 cannot further reduce the remedy this clause requires.
11 Ending the Service
11.1 The agreement begins on valid acceptance. Cancelling a paid item and closing a workspace are separate actions. You may request closure through support at any time. We will verify authority proportionately, confirm an effective closure date no later than 30 calendar days after a verified request unless you request a later date, and promptly assist with required provider cancellation. An unpaid or disputed amount does not prevent closure or postpone the DPA's closure timetable. Correctly accrued obligations survive separately; closure does not accelerate speculative future usage fees. Existing recurring purchases remain subject to their lawful cancellation terms and confirmed provider dates, but our administrative delay does not itself authorize an extra renewal. Tell us of a known event, refund or legal deadline so we can coordinate necessary recovery.
11.2 Either party may terminate for a material breach not remedied within 30 days of written notice, or sooner for an irremediable breach or urgent lawful action. We will explain the basis and consider a proportionate alternative where practicable.
11.3 We may discontinue the Service generally, or end a free service or recurring purchase at its term end, on at least 30 days' notice unless law or urgent security requires otherwise. We will offer reasonable exit assistance and seek an appropriate refund through Paddle for prepaid service we cannot supply.
11.4 For at least 30 days after closure you may request an available customer-data export through support in a reasonably usable format. Continued interactive Portal access is not guaranteed. The DPA governs return, deletion, holds and backups. Accrued payment, confidentiality, information-handling, dispute and liability duties survive as necessary.
12 Proportionate restrictions
12.1 We may restrict affected functions where reasonably necessary to prevent unlawful activity, fraud, security compromise or material harm, comply with a legal/provider requirement, or address a notified payment default. We will give reasons and notice where lawful and practicable, review restrictions and provide a recovery contact.
12.2 Where safe and lawful, we will seek to preserve supported recovery needed for existing orders, lawful refunds, billing and data return. Data is not automatically forfeited because an invoice is disputed.
13 Changes and general provisions
13.1 Material agreement changes will be identified and notified at least 30 days before effectiveness, except where law or urgent security requires sooner. An affected customer may cancel before an adverse change without an additional cancellation penalty. We will obtain renewed agreement where required and preserve earlier acceptance/transaction versions.
13.2 Transfers must not materially prejudice the other party. We may transfer with the business if the successor assumes its obligations, with reasonable notice and an exit option for material adverse effects. Other transfers need consent not unreasonably withheld.
13.3 A party affected by events beyond its reasonable control must notify the other and mitigate. Mandatory remedies and appropriate relief for undelivered prepaid service remain available.
13.4 South Australian law governs subject to mandatory law. South Australian courts have non-exclusive jurisdiction; another competent court or tribunal remains available. Attempt good-faith resolution for up to 30 days after notice without delaying urgent relief, statutory complaints or limitation deadlines.
13.5 Notices use the nominated workspace contact and our contact below through a reasonably effective channel. Publication alone is not proof of receipt of a required notice. Invalid terms are severed only where the remainder can fairly operate. The parties are independent contractors. No preserved customer arrangement is amended by implication.
14 Contact
Postal contact: 28 Godfrey St, Port Adelaide SA 5015, Australia. Support, legal and privacy: humankindlytech@gmail.com. Website: https://businessthing.io.
