EULA

This End User Licence Agreement covers all products and services purchased or used by Michael Wheatland across all jurisdictions.

Effective date: 1 January 2000
Version: 1.3
Jurisdiction: Victoria, Australia

End User Licence Agreement

This page is a public statement of the terms when I buy, purchase or use products and services.

It exists to:

If you are a corporation, seller or company and you do not agree with these terms, do not accept my payment.

1. Parties

1.1 “Customer”, “I”, “me”, “my” means Michael Wheatland (or an entity I control, where the payment instrument and/or invoice clearly indicates it is acting on my behalf).

1.2 “Merchant”, “Seller”, “Provider”, “you”, “your” means any person or organisation that (a) offers goods, digital goods, software, subscriptions, services, or access; and (b) accepts, processes, or retains any Payment from me (directly or via a payment processor).

1.3 “Payment” includes any monetary payment, subscription fee, donation, in‑app purchase, microtransaction, store credit redemption, voucher redemption, selling my data to brokers, using personally identifiable information to inform advertising choices or other consideration (including non‑cash consideration) exchanged for value.

2. Purpose and scope

2.1 This document (“Buyer EULA”) sets the terms under which I will transact with a Merchant in the absence of a signed paper contract.

2.2 This Buyer EULA applies to any goods or services I obtain from you, including:

2.3 This Buyer EULA is not intended to override mandatory rights I have under applicable law (including Australian Consumer Law). Where mandatory law grants me better rights than this Buyer EULA, those better rights apply.

3. Acceptance mechanics

3.1 I do not accept any “browsewrap”, “clickwrap”, “shrinkwrap”, “sign‑inwrap”, “terms updated by posting”, or “continued use = acceptance” terms that attempt to bind me without a physical signature.

3.2 The only way I accept a contract other than this Buyer EULA is by a wet‑ink, physical signature by me on a paper document that clearly sets out the full terms.

3.3 You accept this Buyer EULA by any of the following:

a) taking my Payment and providing the goods/services without obtaining a separately signed paper contract;
b) delivering, provisioning, enabling, or continuing access to products or services; or
c) failing to refund Payment within a reasonable time after receipt.

3.4 If you present your own terms (including EULAs, ToS, policies, “community guidelines”, “acceptable use policies”, “privacy policies”, “AI policies”, or anything you link to), those terms are proposals only. They are not accepted unless signed as per clause 3.2.

3.5 If your internal process or upstream licensing requires your own terms, that’s fine. The remedy is simple: do not accept my Payment until we have a signed paper agreement.

3.6 Deeming runs both ways. Clause 3.3 deliberately applies to you the same “continued conduct is acceptance” mechanism your own terms apply to me. The mechanism is either good enough for both of us or good enough for neither. If you say it cannot bind you, you have said it does not bind me, and neither document has been accepted by anybody.

3.7 Conflicts suspend deeming. Where a term of yours conflicts with a term of this Buyer EULA, no deemed acceptance operates in either direction in respect of the conflicting terms only, until that conflict is resolved and recorded in writing. The remainder of both documents is unaffected, and each continues to apply to the extent it is not in conflict.

3.8 Resolution is in person. A conflict under clause 3.7 is resolved by negotiation in person, between people with authority to agree terms, and recorded in writing and signed as per clause 3.2. Where distance makes attendance unreasonable, live audio‑visual attendance is acceptable. Notices, emails, support tickets, portal messages, automated replies, and updated postings are not negotiation and do not resolve a conflict.

3.9 Failure to resolve. If you proceed to supply without resolving a conflict under clause 3.8, you have elected not to negotiate a term you knew was disputed. The conflicting term of yours is of no effect, and the corresponding term of this Buyer EULA applies.

4. Hierarchy and conflict

4.1 The contract between you and me (if any) is, in order of priority:

  1. any paper agreement signed by both parties (wet ink); then
  2. this Buyer EULA only; then
  3. Other contracts digitally signed using my Private GPG Encryption Key only.

4.2 In any inconsistency, this Buyer EULA controls (unless clause 4.1(1) applies).

4.3 Unread terms bind nobody. A term presented by scrolling, clicking “I agree”, tapping through, ticking a box, or dismissing a banner is not read, not negotiated, and not signed. Neither of us pretends otherwise. Your terms are drafted on the assumption that I will not read them, presented at a length and in a register calculated to ensure that I do not, and timed for the moment at which declining costs me the thing I came for. A document nobody reads is not an agreement. It is a notice, and it binds me exactly as much as this page binds you.

4.4 The asymmetry is the point. This Buyer EULA is published in full, at a stable address, in plain language, with no acceptance gate, no countdown, and nothing hidden behind a link. It can be read before you deal with me, at your leisure, and without giving anything up. If you consider that insufficient notice to bind you, then a fifty‑page agreement surfaced in a modal at the point of payment is not sufficient notice to bind me, and clause 4.2 applies to every term you have ever presented that way.

5. Privacy, tracking, and behavioural data

5.1 Data minimisation. You must collect and retain only the minimum data necessary to provide the goods/services and to meet mandatory legal obligations.

5.2 No surveillance by default. You must not:

5.3 No compelled “account”. Where reasonably possible, you must allow purchase and use without requiring a persistent identity account, biometric verification, or additional unrelated personal data.

5.4 Security. You must apply industry‑standard security controls appropriate to the sensitivity of any data you process (including access controls, encryption in transit, and reasonable breach detection).

5.5 Processing and Stress Inducement Fee. Where a failure of security results in the disclosure of personally identifiable data, or of information that could be used to access or set up accounts in my name, you incur a Processing and Stress Inducement Fee of AUD $5,000,000, payable within 30 days of the breach occurring.

This fee is not damages and is not an estimate of my loss. It is the price of the work you transfer to me and then decline to do yourself: reissuing identity documents, re‑verifying accounts, monitoring statements, refusing credit applications I did not make, explaining myself to institutions that assume I am the problem, and continuing to do all of it indefinitely, because the data cannot be recalled once it is in circulation. That work has no end date, was never part of what I bought, and is performed on your behalf.

The fee is payable in addition to and is not reduced by any measured damages, statutory compensation, insurance recovery, or remediation you offer. A complimentary credit monitoring subscription is not a substitute for the fee, is not accepted as one, and will be read as an admission that ongoing monitoring is now necessary.

5.6 My data is not an asset of your business. You must not treat my personal data as property capable of being transferred with your business. Specifically, you must not sell, license, assign, or otherwise make it available as part of any acquisition, merger, restructure, asset sale, receivership, voluntary administration, or liquidation.

If your business changes hands or ceases to trade, my data must be deleted or irreversibly anonymised, not passed on. Any successor, purchaser, administrator, receiver, or liquidator takes the obligations in clauses 5 to 7 together with the data, and acquires no better rights to it than you held. Insolvency does not release these obligations; it transfers them.

6. Data retention and deletion

6.1 Retention limits. Unless required by mandatory law, you must not retain personal data longer than:

6.2 Deletion on request. Upon request, you must delete or irreversibly anonymise my personal data (excluding data you are legally required to retain), and confirm completion within a reasonable time.

6.3 Logs. Where logs are necessary for security or operations, logs must be:

7. No AI / ML training or inference licence

7.1 No training rights. You are not granted (and you must not claim) any licence to use any of the following for training, fine‑tuning, evaluation, or benchmarking of any AI/ML/LLM system:

7.2 This prohibition applies whether the training is performed by you or any third party on your behalf, including contractors, affiliates, platform providers, and “service partners”.

7.3 If you need any AI/ML usage rights, those rights must be granted by a separate paper agreement signed by me.

7.4 Inference‑time use is included. Clause 7.1 is not limited to training. It applies equally to use of my data at inference time, including:

You do not comply with clause 7.1 by declining to train on my data while indexing it for retrieval. The distinction between training and retrieval is yours, not mine, and it is not a permission.

7.5 No synthesis or imitation. You must not generate, or provide tooling that enables the generation of, synthetic audio, video, imagery, or text that reproduces or imitates my voice, face, likeness, name, signature, or distinctive style of expression. This applies whether or not the model used was trained on my data, and whether or not the output is labelled as synthetic.

7.6 Remediation is rebuild or licence. If any of my data is used contrary to this clause 7, you must, at your cost, elect one of the following:

a) Rebuild. Retrain or rebuild the affected model, and every derived model, checkpoint, adapter, and embedding index, from a corpus that excludes my data — and provide written evidence sufficient for me to verify the exclusion, including the training corpus manifest, the date and scope of the rebuild, and the disposition of the superseded weights; or

b) Licence. Negotiate with me, in advance and in person as per clause 3.8, a paid licence to retain my data within the model.

7.7 Deletion of the source data is not remediation. Deleting the input does not remove my data from a model already trained on it, and you know this. If you contend that rebuilding under 7.6(a) is technically or commercially infeasible, that is the reason option 7.6(b) exists. Infeasibility of (a) is an argument for negotiating (b). It is not an excuse from both.

8. Digital goods, media, and “licences”

8.1 Commercial reality clause. When I pay for digital media (including music, games, films, ebooks, or artwork), the commercial expectation is that I am paying for durable access and use, not an arbitrary revocation right.

8.2 Accordingly, unless a signed paper agreement states otherwise, Payment for digital goods grants me an irrevocable, perpetual, worldwide licence to:

8.3 No unilateral revocation. You must not remove or disable access to purchased digital goods for reasons unrelated to:

8.4 DRM is your choice; consequences are yours. If you implement DRM, you bear the responsibility to ensure it does not prevent use, backups, or long‑term access consistent with clause 8.2. You agree to the removal of these tools, and to assist in the removal of these DRM tools from the item when requested.

8.5 Grounds for circumvention. Australian law permits circumvention of a technological protection measure in defined circumstances. Where you supply me digital goods under this Buyer EULA, the following are recorded as facts of that supply:

a) Permission of the rights holder. By supplying the item under this Buyer EULA without a signed paper agreement, you supply it with the express permission of the copyright owner — or with authority to grant that permission on the owner’s behalf — for me to remove or circumvent any technological protection measure applied to it. If you do not hold that authority, do not supply the item to me. If you do hold it, you have granted the permission.

b) Interoperability. You supply the item knowing that I operate free and open source software systems, which do not contain and cannot lawfully contain proprietary decryption components. Circumvention to the extent necessary to make the item function on those systems is a condition of supply, and supplying an item that will not function without proprietary components is supplying an item you know I cannot use as sold.

c) Undisclosed collection. Where a protection measure collects, transmits, or reports individually identifiable data, usage telemetry, viewing behaviour, or device and capability information that was not clearly disclosed to me before purchase, circumvention of that measure is permitted and expected. A measure that reports on me is not protecting the work; it is surveilling the customer, and clause 5 applies to it.

d) Withdrawn decryption and continued access. If you, or any related body corporate, have at any time publicly withdrawn, discontinued, sunset, or ceased to support a decryption, activation, or licence‑server mechanism for goods already sold, circumvention is permitted across all items you supply to me. The precedent is yours: you have demonstrated that your provision of access cannot be relied upon for the life of the goods. Continued access, including access required for disability‑related use, is not contingent on your ongoing commercial interest in maintaining a server.

9. Physical goods: right to repair and modify

9.1 For any physical product I purchase or obtain, you grant me the right to:

9.2 You must not impose contractual restrictions that:

9.3 You must not use software or hardware locks, parts pairing, or service gating to unreasonably prevent repair or maintenance of a product I own.

10. Reasonable use

10.1 Any ambiguous term in your materials (if considered at all) is interpreted:

10.2 You must not rely on hidden terms, buried links, or post‑purchase policy changes to reduce the value or restrict the use of what I purchased.

11. Liability cap for unsigned terms

11.1 To the maximum extent permitted by law, if there is no paper agreement signed by me, then my total liability to you in connection with any goods/services is capped at AUD $1.

11.2 For avoidance of doubt, this cap applies to any theory of liability (contract, tort, negligence, statutory claim, indemnity, contribution, or otherwise), except where mandatory law in the jurisdiction of Victoria, Australia prohibits such limitation.

11.3 No invoicing. Where there is no paper agreement signed by me, you must not issue, raise, re‑issue, or serve any invoice, account statement, demand, or other request for payment in respect of any amount exceeding the cap in clause 11.1.

11.4 No interest or recovery charges. You must not charge, accrue, compound, or capitalise interest, late fees, penalty charges, dishonour fees, administration fees, or recovery, enforcement or legal costs against any amount you claim I owe. Any such amount is treated as nil.

11.5 No transfer of claimed liability. You must not assign, sell, factor, novate, refer, outsource, or otherwise transfer or disclose any liability you claim against me to any third party, including any party whose activities include the purchase, recovery, or enforcement of claimed obligations, and including any credit reporting body.

11.6 Remedy. If you are unwilling to supply on these terms, the remedy is the same as clause 3.5: do not accept my Payment.

12. Indemnities and class actions

12.1 I do not agree to any indemnities in your favour unless signed by me on paper.

12.2 I do not waive any rights to participate in representative proceedings where permitted by law, unless a paper agreement signed by me in wet ink states otherwise.

13. Governing law and venue

13.1 This Buyer EULA is governed by the laws of Victoria, Australia, and the parties submit to the non‑exclusive jurisdiction of Victorian courts, subject to mandatory consumer law that provides otherwise.

14. Notices and contact

14.1 Notices must be sent to my published contact email on this site, unless a signed paper agreement states otherwise.

15. Severability

15.1 If any clause is invalid or unenforceable, it is severed to the minimum extent necessary, and the remainder continues in effect.

16. Change control

16.1 I may update this Buyer EULA by publishing a new version on this page. The version in effect at the time of Payment applies to that transaction.

Appendix A — Website

This website, and all websites, accounts, code and profiles that are supplied by Michael Wheatland are provided “as is”, without warranties of any kind.