Terms of Service

Acceptance of Terms

By accessing dharmafunder.com (the "Site"), using any diagnostic tool hosted on the Site, subscribing to our Substack publication, or engaging Dharma Funder's advisory services, you ("you" or "User") agree to be bound by these Terms of Service ("Terms"). If you do not agree, do not access the Site or use any services.

Dharma Funder ("Dharma Funder," "we," "us," or "our") is the business name of Rebecca Funder, sole proprietor, a sole executive advisory practice based in Santa Cruz, California, United States. These Terms apply to all users regardless of location, including users located in the European Union, European Economic Area, and United Kingdom.

Services Described

Dharma Funder provides the following services and resources:

1. Free diagnostic tools hosted on the Site, including the Decision Access Diagnostic and The Decision Access Map, which provide informational assessments of decision-making patterns under pressure
2. A Substack publication containing written content on decision access, leadership under pressure, and related structural observations
3. Paid advisory services, including consultations ("Pressure and Capacity Calls"), retainer-based advisory engagements, and full-year structural intervention programs ("Restoration Architecture")

Nature of Services: Not Therapy, Coaching, or Medical Advice

Dharma Funder's services are executive advisory in nature. They constitute structural assessment and intervention for decision-making under pressure.

Dharma Funder's services are not, and shall not be construed as, any of the following:

1. Psychotherapy, psychological counseling, or clinical treatment of any kind
2. Executive coaching, life coaching, or developmental coaching
3. Medical advice, diagnosis, or treatment
4. Legal, financial, or investment advice

Nothing provided through the Site, diagnostic tools, Substack publication, or advisory engagements should be interpreted as a substitute for professional medical, psychological, legal, or financial advice. If you are experiencing a mental health crisis, contact a licensed professional or emergency services immediately.

Diagnostic Tools

The diagnostic tools available on the Site (including the Decision Access Diagnostic and The Decision Access Map) are educational and informational resources. Results are not clinical assessments, diagnoses, or prescriptive recommendations.

Diagnostic tools classify users into one of three states (Full Access, Constrained Access, or Pattern Override) based on self-reported responses. These classifications are structural observations, not medical or psychological evaluations. They are designed to indicate patterns in decision-making under pressure and to suggest appropriate next steps within the Dharma Funder service model.

By using a diagnostic tool, you acknowledge that results are informational and that Dharma Funder bears no liability for decisions made based on diagnostic output.

Payments and Refunds

1. All payments for advisory services are processed through Stripe. Dharma Funder does not directly collect, store, or handle credit card or bank account information.
2. All fees are stated in advance of engagement, denominated in USD, and confirmed in writing before any payment is processed.
3. Paid consultations (Pressure and Capacity Calls) are non-refundable once the session has been delivered.
4. Retainer and engagement-level refund terms are specified in individual service agreements executed between Dharma Funder and the Client before the engagement begins.
5. Dharma Funder reserves the right to modify pricing for future engagements. Pricing changes do not apply retroactively to existing agreements.

Intellectual Property

All content, frameworks, diagnostic tools, and proprietary systems available through the Site or delivered through advisory engagements are the intellectual property of Dharma Funder. This includes, but is not limited to:

1. The Decision Access Map™
2. Capacity OS™
3. Decision Access Loss™
4. Decision Access Under Load™ (DAUL™)
5. The 30/90/180 Day Erosion Pattern™
6. S.T.I.C.K. Reinvention Architecture™
7. The Restoration Architecture™
8. Decision Moments
9. Signal Loss™: Why Capable Leaders Stop Choosing Under Pressure
10. All diagnostic tool content, assessment logic, scoring frameworks, and result copy
11. All Substack publication content

You may not reproduce, distribute, modify, create derivative works from, publicly display, or commercially exploit any of these materials without prior written permission from Dharma Funder.

User Conduct

By using the Site or engaging our services, you agree not to:

1. Use diagnostic tools or content for any purpose other than personal or professional development
2. Reverse-engineer, decompile, or attempt to extract the source code, scoring logic, or assessment frameworks from any diagnostic tool
3. Reproduce, redistribute, or resell proprietary frameworks, diagnostic content, or advisory materials
4. Misrepresent diagnostic results, advisory content, or Dharma Funder frameworks as your own work or the work of a third party
5. Use the Site to transmit harmful, unlawful, defamatory, or unauthorized material
6. Attempt to gain unauthorized access to any portion of the Site, related systems, or networks

Confidentiality

Information shared during advisory engagements is treated as confidential. Dharma Funder will not disclose client identities, session content, or engagement details to any third party without explicit written consent from the Client, except where disclosure is required by law or court order.

This confidentiality obligation does not extend to information that is (a) publicly available through no fault of Dharma Funder, (b) independently developed by Dharma Funder without reference to confidential information, or (c) lawfully received from a third party without restriction.

Limitation of Liability

Dharma Funder provides advisory services and informational tools in good faith and to the best of its professional ability.

1. Dharma Funder is not liable for any business decisions, strategic outcomes, financial losses, or operational consequences resulting from the use of diagnostic tools, Substack content, or advisory engagements.
2. To the maximum extent permitted by applicable law (including California law, EU consumer protection law, and UK consumer protection law), Dharma Funder's total liability arising from or related to these Terms or any service provided shall not exceed the total fees paid by the User for the specific service at issue.
3. In no event shall Dharma Funder be liable for indirect, incidental, special, consequential, or punitive damages, regardless of the cause of action or theory of liability.
4. Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded or limited under applicable law.

Data Protection and Privacy

Dharma Funder collects and processes personal data in accordance with our Privacy Policy, available at dharmafunder.com/privacy-policy. The Privacy Policy is incorporated into these Terms by reference.

For users located in the EU, EEA, or UK, Dharma Funder processes personal data in compliance with the General Data Protection Regulation ("GDPR") and the UK General Data Protection Regulation ("UK GDPR"), as described in the Privacy Policy. This includes lawful basis for processing, data subject rights, international transfer mechanisms, and breach notification obligations.

Third-Party Links and Services

The Site may contain links to third-party websites and services, including Substack, Stripe, and booking platforms. Dharma Funder is not responsible for the content, privacy practices, terms of service, or availability of these external sites. Your use of third-party services is governed by their respective terms.

Modifications to Terms

Dharma Funder may update these Terms from time to time. Updated Terms will be posted on this page with a revised effective date. Material changes will be communicated via email to active subscribers and clients. Continued use of the Site or services after changes are posted constitutes acceptance of the revised Terms.

Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles.

Any dispute, claim, or controversy arising out of or relating to these Terms or the services provided by Dharma Funder shall be resolved as follows:

1. Informal Resolution. The parties shall first attempt to resolve any dispute informally by written notice to the other party, allowing 30 days for response and resolution.
2. Mediation. If informal resolution fails, the parties agree to submit to non-binding mediation in Santa Cruz County, California, before initiating any formal proceeding.
3. Litigation. If mediation does not resolve the dispute, any action shall be brought exclusively in the state or federal courts located in Santa Cruz County, California. Both parties consent to the personal jurisdiction of these courts.

For users located in the EU or UK: nothing in this clause restricts your right to bring proceedings in the courts of your country of residence if mandatory consumer protection law in your jurisdiction so requires. Additionally, nothing in these Terms restricts your right to lodge a complaint with a supervisory authority under GDPR.

Entire Agreement

These Terms, together with the Privacy Policy and any individual service agreement executed between Dharma Funder and a Client, constitute the entire agreement between the parties regarding the subject matter herein. These Terms supersede all prior communications, representations, and agreements, whether written or oral, relating to the same subject matter.

No modification to these Terms shall be effective unless made in writing by Dharma Funder and posted on this page.

Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

Contact

For questions about these Terms, contact:

Dharma Funder
Santa Cruz, California, United States
Email: [email protected]