Terms and Conditions.

1. About these terms

1.1 25eight Pty Ltd (ABN 35 616 790 213) (25eight, we, us, our) operates the website at 25eight.co, the 25eight Capability Platform, and the 25eight Community (together, the Platform), and delivers the programs, webinars and diagnostic tools described on the website (together with the Platform, the Services).

1.2 These terms form a binding agreement between you and 25eight. They apply when you use the website, create an account, complete the Small Business Capability Snapshot, register for a webinar, or enrol in a program.

1.3 You accept these terms when you create an account, register for a webinar, or enrol in a program, whichever happens first. By continuing to use the Services you confirm you have read and accept them.

1.4 The Services are for people aged 18 and over, acting for a business.

1.5 Where these terms do not apply. Some of what we do is governed by separate agreements:

1.6 Where a signed agreement exists between you and 25eight, that agreement prevails over these terms to the extent of any inconsistency.

1.7 If you were referred by a partner. If you take part in a program through a council, industry body or other partner organisation, these terms still apply to you as a participant. The partner's arrangement with us is separate, and any additional conditions they impose on your participation are between you and them.

2. Your account

2.1 Some Services require an account. You are responsible for keeping your login details secure and for activity under your account.

2.2 Accounts are personal to you and must not be shared or transferred. Where a program is purchased for a business, the account belongs to the nominated individual participant.

2.3 Tell us promptly at hello@25eight.co if you believe your account has been accessed by someone else.

2.4 You must give accurate information when you register, and keep it current.

3. The Small Business Capability Snapshot

3.1 The Capability Snapshot is a complimentary diagnostic tool. It produces a report on your business capabilities and AI readiness based on the answers you give.

3.2 The Capability Snapshot report is general in nature. It does not take account of your full circumstances, and it is not business, financial, legal or tax advice. You are responsible for deciding what to do with it.

3.3 We make no warranty that acting on the Capability Snapshot will produce any particular result.

3.4 The report we generate for you is yours to use in your own business. The Capability Snapshot itself, including its questions, capability framework, scoring logic and report structure, remains our intellectual property under clause 8.

3.5 How we handle the information you give us through the Capability Snapshot is set out in our Privacy Policy.

4. Webinars

4.1 Webinar registration is personal to you and is not transferable.

4.2 Recording. Webinars are recorded. If you join with your camera and microphone on, your image, voice and any comments you make may be captured in that recording. If you would prefer not to appear, keep your camera off and use the chat rather than speaking. Registering for a webinar constitutes your consent to being recorded on this basis.

4.3 We may edit, use and distribute webinar recordings, including for marketing purposes. You may not record, reproduce or distribute a webinar or its recording.

4.4 Webinar content is general information. It is not advice, and no outcome is warranted.

4.5 If we cancel a paid webinar, we will offer you a transfer to a later session or a refund of the fee paid, at your election.

5. Programs

Delivery options

5.1 The Next-Level Growth Program is offered in three delivery options. What each includes, and its price, is set out on the program page at the time you enrol. The description on that page forms part of these terms.

5.2 Access periods:

5.3 Access ends at the conclusion of the period above. We may extend access on request at our discretion. An extension granted in one case is not a variation of these terms and does not create an entitlement in any other case.

5.4 What you keep after access ends. Artefacts you have copied into your own document storage and completed remain yours permanently. Your business information, the outputs you create and the decisions you make are yours. What ends with your access is the Platform itself: the guided rhythm, reflection prompts, artefact feedback, progress milestones and education library.

5.5 Work Privately 1:1 is offered by application. Submitting an application does not guarantee a place.

CEO Circle Starter

5.6 Enrolment in the Next-Level Growth Program includes 12 weeks of CEO Circle Starter membership. Starter is not included with any other program or service.

5.7 Starter runs on a quarterly cycle and begins at the start of the quarter following the conclusion of your program. Your Starter membership is governed by these terms for its duration.

5.8 Starter does not renew automatically and no charge is made at its conclusion. If you wish to continue into paid CEO Circle membership, that is a separate purchase under separate terms which you accept at the point of purchase.

Your commitments

5.9 To get value from a program you need to take part in it. You agree to:

• attend the sessions you have committed to, or tell your coach in advance if you cannot
• complete program activities in good faith
• treat facilitators, coaches and other participants with respect
• keep your account credentials and program materials to yourself
• review and take responsibility for any output you generate using AI tools

5.10 Conduct that is disruptive or harmful to other participants, or a breach of clause 8, may result in your access being terminated under clause 12.

6. Fees, payment and refunds

Payment

6.1 All prices are in Australian dollars and are stated exclusive of GST unless marked otherwise.

6.2 Payment is processed by Stripe. We do not store your card details.

6.3 Where a program is offered on an instalment plan, each instalment falls due as set out on the program page. Access to the corresponding stage of the program depends on the relevant payment being made.

6.4 The price of your program is fixed at the price shown when you enrol. We may change prices for future enrolments at any time.

Refunds: Self-Guided

6.5 The Next-Level Growth Program Self-Guided option is paid in two parts. The first payment unlocks the comprehensive diagnostic and resources. The second payment unlocks your diagnostic debrief and tailored learning plan.

6.6 Refunds work as follows, and apply in the same way whether you paid in instalments or upfront:

6.7 The first payment is retained after the diagnostic is opened because the diagnostic and the personalised pathway it produces are the substance of what you have bought, and they are supplied at that point.

Refunds: Structured Program and Work Privately 1:1

6.8 If you withdraw after your program has commenced, we retain the value of the comprehensive diagnostic and the tailored learning plan, plus a proportionate amount for the workshops and coaching sessions delivered to you up to the date you notify us. The balance is refunded. If you withdraw before the program start date, you receive a full refund less an administration fee of $200, or you may transfer to a later intake.

All programs

6.9 Where no refund is payable under the above, we may at our election offer extended access, re-supply, or a credit toward a future 25eight program. This is a goodwill remedy and is not an entitlement.

6.10 Cancellation requests must be made in writing to hello@25eight.co and take effect on the date we receive them.

6.11 Nothing in this clause 6 limits your rights under the Australian Consumer Law. If our supply fails to meet a consumer guarantee, you have rights that these terms cannot and do not exclude. See clause 10.

7. Artificial intelligence

7.1 AI tools are part of how our programs work. You will be introduced to them, guided in their use, and encouraged to build your own AI-enabled systems.

7.2 You own and are responsible for what you produce. AI output is a starting point, not a conclusion. You are responsible for reviewing, validating and taking ownership of anything you generate using AI tools during or after a program, and for any decision you make on the basis of it.

7.3 We use AI within the Platform to support your work, including feedback on artefacts and program activities.

7.4 Where your information goes. Your account information and program data are stored in Australia. Some processing, including AI-assisted analysis of program artefacts, may involve service providers located outside Australia. We do not permit these providers to use your information to train their models. Further detail is in our Privacy Policy.

7.5 AI supports the work in our programs. It does not replace the coaching relationships and facilitated learning at the centre of them.

8. Intellectual property

What we own

8.1 We own, or are licensed to use, everything that makes up the Services: the capability framework, diagnostic instruments and scoring logic, program structures and sequencing, artefact templates, session materials, recordings, the Platform, and our trade marks and branding (together, our Materials).

What you may do

8.2 We grant you a limited, revocable, non-exclusive, non-transferable licence to access and use our Materials for the purpose of operating your own business, for the duration of your access.

8.3 Artefacts. Program artefacts are provided as templates for you to copy into your own document storage. Once you copy and complete a template, the completed document is yours to keep and use in your business permanently. The blank template, including its structure, prompts and sequencing, remains our Material.

What you may not do

8.4 You must not:

• share, publish or distribute our Materials outside your own business
• use our Materials to deliver coaching, consulting, training or advisory services to anyone else
• create derivative, adapted or reformatted versions of our Materials
• upload our Materials to any artificial intelligence system for the purpose of training a model or building a competing product or tool
• remove or alter any copyright or attribution notice
• record any session without our written consent
• scrape, index or bulk-extract content from the Platform
• share your account credentials or program access
• represent yourself as accredited, certified or licensed by 25eight unless you hold a current licence from us

8.5 A breach of this clause 8 is a material breach and may result in immediate termination of your access under clause 12.

What you own

8.6 You own your business information, the work you produce, the decisions you make, and any commercial value arising from them. Nothing in these terms gives us any interest in your business.

8.7 Feedback. We ask for your feedback because it is how our programs get better. If you give us feedback, comments or suggestions about the Services, you grant us a perpetual, royalty-free, worldwide licence to use them to improve our programs, the Platform and how we deliver them. You keep ownership of what you have said. Public use of feedback is governed by clause 9.5.

9. Confidentiality, testimonials and community

Confidentiality

9.1 What you share in a coaching or program session stays in that session. We keep your business information, including any financial information you share, confidential. We do not disclose it to any third party.

9.2 You agree to keep confidential what other participants share in group sessions and in the community.

9.3 We may use insights drawn from program delivery in anonymised and aggregated form to improve our programs and to contribute to understanding of small business capability. Nothing published in this way will identify you or your business.

9.4 Confidentiality does not apply where disclosure is required by law, or is necessary to prevent serious harm.

Testimonials and feedback

9.5 Feedback snippets. We use participant feedback to improve our programs, and we publish short extracts from it so that other owners can understand what a program is actually like. By taking part in a program you agree that we may publish extracts from the feedback, survey responses and ratings you give us. Where we do, we will attribute it to your first name and your industry only, for example "James, trades business".

9.6 You can opt out at any time. If you would prefer none of your feedback to be used publicly, email programs@25eight.co and we will remove it from anything we control and will not use it again. You do not need to give a reason, and opting out has no effect on your program or your access. Some material already in print or distribution may take a reasonable period to withdraw.

9.7 Anything more identifying needs your express consent. We will not publish your business name, your full name, your photograph, your specific results or figures, or a full case study without your separate written consent. We will ask you for that at the time, and you may decline or withdraw it.

Community

9.8 Program participants have access to the 25eight community. In the community you must not post anything unlawful, misleading, offensive, or in breach of someone else's rights, and you must not use it to promote your own products or services to other members without our agreement.

9.9 You keep ownership of what you post. You grant us a licence to display and moderate it within the community.

9.10 We may remove content or suspend access where this clause is breached.

10. Our accreditation, and what we do and do not promise

10.1 25eight Pty Ltd is an Association for Coaching Accredited Training Provider. This accreditation applies to our Certificate of Human-Centred Business Coaching. Our coaches are Members of the Association for Coaching.

10.2 The results we publish, including participant outcomes and satisfaction measures, are measured historical results across past cohorts. They describe what previous participants have achieved. They are not a promise of what you will achieve.

10.3 What you get out of a program depends substantially on the work you put in, your business, and circumstances outside our control. We do not warrant any particular outcome.

10.4 Information provided through the Services is general in nature. It is not financial, legal, tax or accounting advice, and it does not take account of your full circumstances. Seek your own professional advice before making significant decisions.

10.5 We use reasonable endeavours to keep the Platform available, but we do not warrant uninterrupted access. We may suspend access for maintenance, updates or security, and will give notice where reasonably practicable.

10.6 The Services rely on third-party providers including Stripe, video conferencing and document tools. We are not responsible for the availability or performance of those services.

11. Liability

11.1 Your rights under the Australian Consumer Law. Our services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these terms excludes, restricts or modifies those guarantees, or any other right you have that cannot lawfully be excluded. Where our liability can be limited under that law, it is limited as set out below.

11.2 Subject to clause 11.1, our total liability to you arising out of or in connection with these terms or the Services, whether in contract, tort, under statute or otherwise, is limited in aggregate to the total fees you have paid to us in the 12 months preceding the event giving rise to the claim.

11.3 Neither party is liable to the other for consequential loss, loss of profit, loss of revenue, loss of opportunity, loss of anticipated savings, or loss or corruption of data, whether or not foreseeable.

11.4 Nothing in this clause limits liability for death or personal injury caused by negligence, or for fraud.

11.5 Indemnity. You indemnify us against loss we suffer arising from your breach of clause 8, your misuse of the Services, or content you post that infringes someone else's rights. This indemnity does not extend to loss caused by our own acts or omissions.

12. Suspension and termination

12.1 By you. You may stop using the Services at any time. Refunds are governed by clause 6.

12.2 By us, for cause. We may suspend or terminate your access immediately where you breach clause 8, clause 5.10 or clause 9.7, or where payment due to us is not made. Where access is terminated for cause, no refund is payable.

12.3 By us, for other reasons. If we discontinue a program or otherwise end your access for reasons other than your breach, we will give you reasonable notice and refund the portion of your fee relating to the part of the program not delivered.

12.4 On termination, your licence under clause 8.2 ends. Artefacts you have already copied and completed remain yours under clause 8.3.

13. Changes to these terms

13.1 We may update these terms. Each version is numbered and dated, and the current version is published on our website.

13.2 We will give you at least 30 days notice of any change that materially affects your rights, by email to your registered address.

13.3 If a material change is not acceptable to you, you may cancel your program within 30 days of the notice and receive a refund calculated under clause 6, with no additional penalty.

13.4 Changes that do not materially affect your rights take effect on publication.

13.5 The version of these terms you accepted at enrolment continues to govern your current program unless you accept a later version.

14. Privacy

14.1 We collect and handle personal information in accordance with our Privacy Policy, available at 25eight.co/privacy.

14.2 Your information is stored in Australia. Our platform and workspace providers hold Australian-hosted data. Where processing involves providers outside Australia, this is described in clause 7.4 and in the Privacy Policy.

14.3 Subscribing to our newsletter, and how we handle information collected through the Capability Snapshot and through forms on our website, are governed by the Privacy Policy.

14.4 Why we ask for information. We ask you for information about yourself and your business so that we can understand your situation and give you something useful in return: a diagnostic that reflects where you actually are, a pathway built for your circumstances, and coaching that starts from what is true rather than what is generic. We do not collect information we do not need for that purpose.

14.5 We do not sell your data. We do not sell, rent or trade your personal information or your business information to anyone, and we do not disclose it for another organisation's marketing purposes. Where we use service providers to operate the Platform, they act on our instructions and may only use your information to provide that service to us.

14.6 The one exception. If our business is sold, merged or transferred, your information may transfer to the acquiring entity as part of that transaction. We will only do this where the acquirer agrees to be bound by commitments no less protective than these, and we will notify you before it takes effect. This is the only circumstance in which your information passes to another organisation, and it is a transfer of the business rather than a sale of your data.

15. Resolving problems

15.1 If something has gone wrong, tell us first. Email programs@25eight.co with the detail and we will respond within 5 business days and work with you to resolve it.

15.2 If we cannot resolve it between us, either party may refer the matter to mediation in Melbourne before commencing proceedings, other than for urgent interlocutory relief.

15.3 These terms are governed by the laws of Victoria, Australia. The parties submit to the exclusive jurisdiction of the courts of Victoria.

16. General

16.1 Severance. If any part of these terms is unenforceable, that part is severed and the rest continues to apply.

16.2 Waiver. A failure to enforce a right is not a waiver of that right.

16.3 Assignment. We may assign or novate these terms to a related entity or in connection with a sale of our business, on notice to you. You may not assign your rights without our written consent.

16.4 Force majeure. Neither party is liable for a failure to perform caused by an event beyond its reasonable control, provided it takes reasonable steps to mitigate and resume performance.

16.5 Notices. Notices to you are sent to your registered email address. Notices to us go to hello@25eight.co.

16.6 Entire agreement. These terms, together with the program page description for the program you enrolled in, form the entire agreement between us in relation to the Services.

17. Contact

25eight Pty Ltd ABN 35 616 790 213, Melbourne, Australia

General enquiries and notices: hello@25eight.co Program matters, including feedback opt-out under clause 9.6: programs@25eight.co