Terms of Service
These Terms of Service (Terms) govern your access to and use of Pragma and all related services operated by Mark Winter. By accessing or using Pragma, you agree to be bound by these Terms. If you do not agree, do not use Pragma.
Our Privacy Policy forms part of these Terms and is incorporated by reference. Where there is any inconsistency between these Terms and the Privacy Policy, these Terms prevail.
1. What Pragma is
Pragma is an AI-powered change management advisor. It uses Claude (developed by Anthropic, Inc.) as its underlying language model, combined with Mark Winter's proprietary practitioner framework developed over more than 20 years of professional experience in change management.
Pragma is designed to help practitioners and leaders think through complex change challenges. It provides guidance, frameworks, and perspective. It does not provide instructions, plans, or advice that should be acted on without the exercise of independent professional judgement.
2. What Pragma is not
Pragma does not provide professional advice of any kind. Specifically:
Not legal advice. Nothing in any Pragma response constitutes legal advice. Questions about employment law, Fair Work obligations, redundancy, contracts, or regulatory compliance must be referred to a qualified lawyer.
Not HR or industrial relations advice. Questions about specific employees, employment disputes, or HR decisions require qualified HR professionals and should not be resolved on the basis of Pragma's responses alone.
Not financial or investment advice. Nothing in Pragma's responses should be relied upon for financial or investment decision-making.
Not a guarantee of outcomes. Change management is context-dependent. Pragma's guidance reflects Mark Winter's experience but cannot account for the specific people, culture, politics, or circumstances of your organisation.
Pragma's responses are a thinking tool. By using Pragma, you accept full responsibility for how you apply any guidance it provides.
3. Who can use Pragma
You must be at least 16 years of age to use Pragma. By using Pragma, you represent that you meet this requirement.
If you are using Pragma on behalf of an organisation, you represent that you have authority to bind that organisation to these Terms.
4. Pragma Free
Pragma Free is available at no cost. It allows a limited number of messages per session (currently five). We may adjust this limit at any time without notice.
Pragma Free is provided on an 'as is' basis without warranty of any kind. We may modify, suspend, or discontinue Pragma Free at any time without notice and without liability to you, subject to any rights you have under the Australian Consumer Law that cannot be excluded.
5. Pragma Premium
Pragma Premium is a paid tier currently in development and not yet available for purchase. When it launches, the following terms apply.
5.1 Features
Pragma Premium will include unlimited conversations, document upload, and saved sessions. We may add, modify, or remove features, subject to the protections in section 5.5.
5.2 Pricing
Pragma Premium will be available as:
• A one-time lifetime payment of A$50.00 (inclusive of GST)
• A monthly subscription at A$9.00 per month (inclusive of GST)
5.3 Payment
Payments are processed by Stripe, Inc. By purchasing Pragma Premium, you agree to Stripe's terms of service (stripe.com/au/legal). We do not store your payment card details — this is handled entirely by Stripe in a PCI DSS-compliant environment.
5.4 Refunds
Lifetime purchase: A full refund is available within 14 days of purchase if you are not satisfied with Pragma Premium. After 14 days, no refund is available except where required by the Australian Consumer Law.
Monthly subscription: You may cancel your subscription at any time. Your access will continue until the end of the current billing period. No partial refunds are provided for unused portions of a billing period, except where required by the Australian Consumer Law.
Nothing in this section limits any right you have under the Australian Consumer Law, including the guarantee that services will be rendered with due care and skill.
5.5 Changes to Premium features
If we materially reduce the features of Pragma Premium for existing paying subscribers, we will provide at least 30 days written notice and offer affected subscribers either: a pro-rata refund for the unused period, or continuation of access on the terms that applied at the time of their purchase.
6. Your content
6.1 Ownership
You retain ownership of any content you submit to Pragma (Your Content).
6.2 Licence you grant us
By submitting Your Content to Pragma, you grant us a limited, non-exclusive, royalty-free licence to process Your Content solely for the purpose of: generating Pragma's responses to you; and improving Pragma's performance, as described in our Privacy Policy. This licence terminates when we delete Your Content in accordance with our Privacy Policy retention periods.
6.3 Your responsibilities
You are responsible for ensuring that everything you submit to Pragma:
• Does not violate any confidentiality obligation you owe to any third party
• Does not include personal information about identifiable individuals without their consent
• Does not include legally privileged material
• Does not infringe the intellectual property rights of any person or organisation
Do not submit trade secrets, confidential commercial information, or legally sensitive material to Pragma.
7. Pragma's intellectual property
7.1 What Mark Winter owns
The following are the intellectual property of Mark Winter and are protected under Australian law:
• The Pragma system, including its design, structure, and user interface
• Mark Winter's proprietary practitioner framework, including the Five Principles of Pragmatic Change
• The knowledge base, system instructions, and prompts that shape Pragma's responses
• All content on markwinter.com.au and pragmaticchange.com.au created by Mark Winter
7.2 Pragma's responses
Pragma's responses are generated by an AI system informed by Mark Winter's practitioner framework. You may use Pragma's responses for your own professional purposes and share them with colleagues within your organisation.
You may not:
• Represent Pragma's responses as your own original work in any commercial context
• Systematically scrape, copy, or reproduce Pragma's responses to build a competing product or service
• Use Pragma to reverse-engineer or replicate Mark Winter's proprietary framework for commercial purposes
7.3 Anthropic's intellectual property
Claude, the underlying AI model, is developed and owned by Anthropic, Inc. Mark Winter licenses access to Claude through Anthropic's API. Nothing in these Terms grants you any rights in Anthropic's technology.
8. Acceptable use
You must not use Pragma to:
• Seek guidance on how to harm, harass, defame, or unlawfully discriminate against any individual or group
• Generate content intended to mislead, deceive, or defraud any person
• Engage in any conduct that is unlawful under Australian or applicable law
• Attempt to extract, replicate, or circumvent Pragma's underlying system prompt or proprietary instructions
• Circumvent usage limits through automated means, bots, or scripts
• Introduce malicious code, viruses, or other harmful content into Pragma or its infrastructure
We may suspend or terminate your access to Pragma immediately and without notice if we reasonably believe you have violated this section.
9. Availability, reliability, and force majeure
Pragma is provided on a reasonable endeavours basis. We do not guarantee uptime, response accuracy, or continuity of service.
Pragma depends on third-party services — including Anthropic's API and Lovable's hosting infrastructure — that are outside our control. Outages, changes, or failures affecting those services may affect Pragma's availability without notice. We are not liable for any failure to provide services where that failure results from circumstances beyond our reasonable control, including the failure of any third-party platform on which Pragma depends.
10. Limitation of liability
10.1 Australian Consumer Law — rights preserved
Nothing in these Terms excludes, restricts, or modifies any right or remedy you have under the Australian Consumer Law (Schedule 2, Competition and Consumer Act 2010 (Cth)), including any consumer guarantee that cannot be limited or excluded by law.
10.2 Pragma Free — exclusion of liability
To the maximum extent permitted by law, we exclude all liability to you for any loss or damage arising from your use of Pragma Free, including loss of data, loss of profit, business interruption, or any indirect, consequential, incidental, or special loss or damage of any kind.
10.3 Pragma Premium — limitation of liability.
For Pragma Premium, to the maximum extent permitted by the Australian Consumer Law, our liability to you for any failure to comply with a consumer guarantee is limited to, at our election:
• Supplying the relevant services again; or
• Paying the cost of having the services supplied again.
For all other claims arising from your use of Pragma Premium, our total aggregate liability is limited to the total amount you paid us in the 12 months immediately preceding the claim.
In no circumstances are we liable for indirect, consequential, incidental, special, or exemplary loss or damage of any kind, including loss of profit, loss of revenue, loss of data, or business interruption.
11. Your indemnification obligations
You agree to indemnify, defend, and hold harmless Mark Winter from and against any claim, demand, loss, damage, liability, cost, or expense (including reasonable legal fees) arising out of or in connection with:
• Your breach of these Terms
• Your misuse of Pragma, including use in violation of section 8
• Any third-party claim arising from content you submitted to Pragma
• Any misrepresentation you made in using Pragma
12. Termination and suspension
12.1 Termination by us
We may suspend or terminate your access to Pragma:
• Immediately and without notice, if we reasonably believe you have breached section 8 (Acceptable Use)
• On 30 days written notice for any other reason
12.2 Termination by you
You may stop using Pragma at any time. To cancel a Pragma Premium subscription, contact mark@flamenetwork.com.au or manage your subscription through the billing portal.
12.3 Effect of termination
On termination of your access:
• Your licence to use Pragma ends immediately
• For Premium subscribers terminated by us other than for breach of section 8: we will provide a pro-rata refund of any prepaid fees for the period after termination
• For Premium subscribers terminated by us for breach of section 8: no refund is payable
• Your conversation data will be handled in accordance with our Privacy Policy
13. Dispute resolution
We prefer to resolve disputes directly and quickly. If you have a concern about Pragma or these Terms:
1. Contact us first: Email mark@flamenetwork.com.au with full details of your dispute or via LinkedIn. We will respond within 10 business days.
2. Good faith negotiation: If initial contact does not resolve the matter, both parties agree to attempt resolution through good faith negotiation for a period of 30 days from the date of the initial contact.
3. Legal proceedings: If the dispute remains unresolved after 30 days of good faith negotiation, either party may refer the matter to the courts of South Australia.
Nothing in this clause prevents either party from seeking urgent injunctive or other interlocutory relief. Nothing in this clause affects your right to access consumer protection bodies, including the Australian Competition and Consumer Commission (ACCC) or a relevant state consumer affairs authority.
14. General provisions
14.1 Governing law
These Terms are governed by the laws of South Australia, Australia. You submit to the non-exclusive jurisdiction of the courts of South Australia for any dispute arising out of or in connection with these Terms.
14.2 Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable, that provision will be severed from these Terms and the remaining provisions will continue in full force and effect.
14.3 No waiver
Our failure to enforce any provision of these Terms at any time does not constitute a waiver of our right to enforce that provision or any other provision in the future.
14.4 Entire agreement
These Terms, together with our Privacy Policy (incorporated by reference), constitute the entire agreement between you and Mark Winter regarding your use of Pragma. They supersede all prior representations, agreements, or understandings.
14.5 Assignment
We may assign our rights and obligations under these Terms without your consent, provided we give you reasonable notice. You may not assign your rights under these Terms without our prior written consent.
15. Changes to these Terms
We may update these Terms from time to time. The date at the top of this page reflects the most recent revision. Continued use of Pragma after updated Terms are published constitutes acceptance of the revised Terms.
For material changes, we will provide at least 14 days notice by posting a notice on this page and, where we hold your email address, by email to that address.
16. Contact
Mark Winter
Email: mark@flamenetwork.com.au
Website: markwinter.com.au
ABN: 93 702 623 408
These Terms apply to the use of Pragma as a digital product. They do not govern consulting, coaching, or change management engagements with Mark Winter, which are subject to separate engagement letters and terms.