Legal
Terms of Service
Effective date: 18 June 2026
1. Agreement to these terms
By accessing or using Graded at ongraded.com (“the Platform”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree, do not use the Platform.
These Terms form a legally binding agreement between you and Graded. If you are using the Platform on behalf of an organisation, you represent that you have authority to bind that organisation to these Terms.
2. Description of the service
Graded is a community platform for emerging clothing brands and independent designers. It allows users to:
- Create an account and public profile
- Post clothing designs (images, descriptions, and tags)
- Receive community feedback via ratings and comments
- Follow other users and watch specific designs
- Announce product launches to users who have watched their designs
- Run and back all-or-nothing pre-order campaigns on designs (see section 7)
- Use all Platform features free of charge during early access
We reserve the right to modify, suspend, or discontinue any part of the Platform at any time. Where practicable, we will provide reasonable notice of material changes.
3. Accounts
You must be at least 16 years old to create an account. You are responsible for maintaining the security of your account credentials and for all activity that occurs under your account.
You must provide accurate information when registering. Your username must not impersonate another person or brand, or use offensive or misleading names.
You may delete your account at any time from your account settings. We will process the deletion within 30 days in accordance with our Privacy Policy.
4. User-generated content
Your content
You retain ownership of designs, images, comments, and other content you post (“Your Content”). By posting content on Graded, you grant us a non-exclusive, worldwide, royalty-free licence to host, display, and distribute Your Content solely for the purpose of operating the Platform.
Content standards
You must not post content that:
- Infringes any third party’s intellectual property rights (including copyright or trade mark)
- Is false, misleading, or deceptive
- Is unlawful, defamatory, harassing, abusive, or discriminatory
- Contains nudity, violence, or content inappropriate for a general audience
- Contains malware, spam, or unsolicited commercial messages
- Violates any applicable law or regulation
Removal
We may remove content that violates these Terms or that we determine, in our reasonable discretion, is harmful to the Platform or its users. Repeated violations may result in account termination.
5. Intellectual property
The Graded name, logo, design, and all Platform software are owned by Graded and protected by applicable intellectual property law. You may not copy, reproduce, distribute, or create derivative works from any part of the Platform without our prior written consent.
If you believe content on the Platform infringes your copyright, please contact us at legal@ongraded.com with details of the alleged infringement.
6. Subscriptions and billing
Early access
During early access, all Platform features are available free of charge and no paid subscription is offered. Campaign success fees (section 7) are the only charges that apply to brands.
Paid subscriptions (if introduced)
If we introduce a paid subscription, it will be a monthly subscription charged in Australian dollars (AUD) at the price shown on our Pricing page at the time of purchase, renewing automatically each month until cancelled. Existing brands will receive at least 30 days’ notice before any feature limit takes effect.
Billing and GST
Payments are processed by Stripe. By subscribing, you authorise Stripe to charge your payment method on a recurring monthly basis. Prices are displayed inclusive of GST where applicable under Australian law.
Cancellation
You may cancel your subscription at any time via the billing portal accessible from the Pricing page. Cancellation takes effect at the end of the current billing period, you retain Pro access until that date and will not be charged again.
Refunds
Under the Australian Consumer Law (ACL), you may be entitled to a remedy if a service fails to meet a consumer guarantee. Outside of ACL-required remedies, we do not offer refunds for partial billing periods. If you believe you were charged in error, contact us at legal@ongraded.com within 14 days of the charge.
Founding Brand
Users who earn Founding Brand status retain free access to all brand features permanently, including any paid subscription features introduced later. This status is granted at our discretion and does not confer any ownership interest in Graded.
7. Pre-order campaigns
How campaigns work
A brand may run an all-or-nothing pre-order campaign on a published design, setting a backer goal, a deadline, and a discounted pre-order price. When you back a campaign (“Backer”), you pay a deposit at that time — currently 20% of the pre-order price, fixed for that campaign when it is created. If the backer goal is met by the deadline, the campaign funds, the remaining balance is charged automatically as described below, and the brand puts the design into production. If the goal is not met, or the brand cancels before the campaign funds, every Backer’s deposit is refunded in full.
Who you are buying from
When you back a campaign you enter into a contract to purchase the item from the brand. The brand, not Graded, is the seller and supplier of the goods, and is the merchant of record for your payment. Graded operates the Platform, processes payment through Stripe, and collects and holds Backer funds as the brand’s agent, applying the Backer protection described below. Graded is not the manufacturer or retailer of any item and does not warrant any design, brand, or product.
Your consumer rights
The brand must comply with the Australian Consumer Law, including the consumer guarantees — for example, that goods are of acceptable quality, match their description, are fit for any disclosed purpose, and are supplied within the time stated or, if none is stated, a reasonable time. Nothing in these Terms, and nothing about the Graded protection below, excludes, restricts or modifies any consumer guarantee or other right or remedy you have under the Australian Consumer Law that cannot lawfully be excluded. The Graded protection is in addition to your Australian Consumer Law rights, not a substitute for them, and does not limit your ability to pursue the brand directly.
Payment and how funds are held
Payments are processed by Stripe. When you back a campaign, you are charged the deposit described above, and you authorise Graded, acting as the brand’s payment agent, to securely save your payment method for the purpose described below. If the campaign funds, we automatically charge the remaining balance to that same payment method — you do not need to do anything further. If that charge fails (for example, an expired card or insufficient funds), we will notify you and you will have 48 hours to update your payment method on the Platform; if the balance still cannot be collected after that, your deposit is refunded in full and your place in the campaign is released. Once the full pre-order price has been collected, Graded holds Backer funds through Stripe as the brand’s agent and releases them to the brand in stages: an upfront portion when the campaign funds, so the brand can pay for production (the percentage depends on the brand’s delivery history — see the tiers below), and the remainder after the brand provides proof of shipment and a short review window has passed without an upheld issue. Amounts shown are in Australian dollars.
Cancelling a backing
You may cancel your backing at any time before the campaign funds or fails, for a full refund of your deposit with no fee. You can do this from the design page, or by contacting us at legal@ongraded.com. Once a campaign has funded, your backing can no longer be cancelled this way, and the refund and protection terms described elsewhere in this section apply instead.
How staged release works (brand tiers)
The upfront portion released at funding, and the maximum total value a campaign may raise (its backer goal multiplied by the pre-order price), depend on how many campaigns the brand has already delivered. A newer brand receives only enough upfront to fund production and a smaller value cap; a brand with a delivery record receives more upfront and a larger cap. The tier that applies to a campaign is fixed when the campaign is created.
| Delivered campaigns | Upfront at funding | Held until delivery | Max campaign value |
|---|---|---|---|
| 0 (new brand) | 30% | 70% | A$3,000 |
| 1 | 50% | 50% | A$7,500 |
| 2 to 4 | 60% | 40% | A$25,000 |
| 5 or more | 75% | 25% | Uncapped |
A campaign’s value is its backer goal multiplied by the pre-order price. Percentages are of the net amount after the platform success fee (see Fees). Graded may change these tiers from time to time; any change applies only to campaigns created after it takes effect.
Brand obligations
A brand that runs a campaign agrees to: supply the goods to Backers within the time stated or, if none, a reasonable time; provide accurate and genuine shipment information; comply with the Australian Consumer Law and all other applicable laws; and either fulfil each order or refund the Backer. The brand authorises Graded to hold, release, refund, and reverse funds in accordance with these Terms and the brand’s Stripe Connect account agreement. A brand is responsible for its own tax obligations (including GST) on sales made through the Platform.
Brand Stripe account
To run a campaign, a brand must create and maintain a Stripe Express connected account and complete Stripe’s onboarding and verification. By running a campaign, the brand agrees to the Stripe Connected Account Agreement and authorises Graded to create charges, make transfers, issue refunds, and reverse transfers on the brand’s behalf through Stripe in accordance with these Terms. Graded may withhold a payout while a brand’s Stripe account is incomplete, restricted, or under review.
Chargebacks and disputes
The brand is responsible for all chargebacks, card-network disputes, and related fees arising from its campaigns. Where a Backer initiates a chargeback or dispute, or Graded refunds a Backer under the Graded Backer protection, the brand authorises Graded to recover the refunded amount and any related fees from the funds Graded holds, from the brand’s pending or future payouts, or from the brand’s Stripe balance. This does not affect any right a Backer has against the brand or under the Australian Consumer Law.
Negative balances and recovery
If a brand’s refunds, chargebacks, or reversals exceed the funds Graded holds or can recover through Stripe, the shortfall is a debt owed by the brand to Graded, payable on demand. Graded may recover it from the brand’s current or future payouts, from the brand’s Stripe balance or reserve, or as a debt by ordinary legal means. Graded will exercise these rights only to the extent permitted by law.
Graded Backer protection
If a brand does not ship within the required time, or a Backer reports that an order did not arrive or was materially not as described, Graded may refund the Backer from funds it holds and recover any amount already released from the brand. Graded operates a review process and resolves reports at its reasonable discretion. This protection applies only to amounts paid to the brand through the Platform; it does not cover anything you pay a brand outside the Platform. The protection does not limit your Australian Consumer Law rights against the brand.
Backing is a purchase, not an investment
Backing a campaign is a purchase of goods. You do not receive equity, interest, financial returns, or any financial product. Graded does not provide financial product advice.
Fees
Graded charges the brand a success fee deducted at payout, applied per backer according to how that backer arrived at the campaign: currently 8% of amounts paid by backers the brand sources (including direct and unattributed arrivals) and 18% of amounts paid by backers sourced through Graded’s own surfaces (such as the discovery feed, notification emails and push notifications). The rates applying to a campaign are fixed when it is created. Backers pay no fee to Graded for backing a campaign.
8. Prohibited conduct
You must not:
- Use the Platform for any unlawful purpose
- Attempt to gain unauthorised access to any part of the Platform or another user’s account
- Scrape, crawl, or systematically extract data from the Platform without our consent
- Interfere with or disrupt the Platform’s infrastructure
- Use automated means (bots, scripts) to interact with the Platform in a way that degrades performance for others
- Circumvent any access controls or technical restrictions
- Create multiple accounts to evade a suspension or account limit
9. Termination
We may suspend or terminate your account if you breach these Terms or if we reasonably believe your use of the Platform poses a risk to other users or to Graded. Where practicable, we will give you notice and an opportunity to respond.
If your account is terminated for a breach, any active subscription will be cancelled. Sections 4, 5, 7, 10, 11, and 12 survive termination.
10. Disclaimers
To the extent permitted by law, the Platform is provided “as is” without warranties of any kind. We do not warrant that the Platform will be uninterrupted, error-free, or free from harmful components.
Graded does not endorse any designs, brands, or products posted by users, and is not responsible for the accuracy or quality of user-generated content.
Nothing in these Terms excludes, restricts, or modifies any right or remedy, or any guarantee, warranty, or other term or condition, implied or imposed by the Australian Consumer Law that cannot lawfully be excluded or limited.
11. Limitation of liability
To the fullest extent permitted by law (including the ACL), Graded’s total liability to you for any claim arising out of or in connection with these Terms or your use of the Platform will not exceed the greater of (a) the total subscription fees you paid to us in the 12 months preceding the claim, or (b) A$100.
We will not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill, whether arising in contract, tort, or otherwise, even if advised of the possibility of such damages.
12. Governing law and disputes
These Terms are governed by the laws of New South Wales, Australia. Any dispute arising from or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts of New South Wales, Australia.
International users acknowledge that the Platform is operated from Australia, and access from other jurisdictions is at their own initiative and subject to local laws.
Before initiating formal proceedings, we encourage you to contact us at legal@ongraded.com so we can try to resolve the issue informally.
13. Changes to these terms
We may update these Terms from time to time. We will notify you of material changes by email or via an in-app notice at least 14 days before they take effect. Your continued use of the Platform after the effective date constitutes acceptance of the updated Terms.
14. Contact
For legal enquiries: legal@ongraded.com