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MYCO-EMP FLEX PLAN™ Terms of Use

MYCO-EMP FLEX PLAN™ Terms of Use

Effective Date: 04-06-2026

Reservation • Care • Flexible Completion System

1. Binding Agreement

By activating, enrolling in, or making any payment toward the MYCO-EMP FLEX PLAN™ (the “Flex Plan”), you (“Myco-Patron,” “You,” or “Your”) enter into a legally binding agreement with The Mushroom Network, LLC, doing business through Myco-Emporium and any related Myco-EMP service channel (“Myco-EMP,” “TMN,” “We,” “Us,” or “Our”).

This is a reservation-based payment agreement designed for eligible specimens, artifacts, custom creations, habitats, curated bundles, and related items approved by Myco-EMP (collectively, the “Reserved Item(s)”). It is not a casual promise to purchase later. It is a structured system with real financial obligations, active reservation handling, and enforceable consequences if the agreement is not completed.

2. Nature of the Flex Plan

The Flex Plan allows a Myco-Patron to secure an eligible Reserved Item through a structured payment pathway over time while that item is held, managed, monitored, or maintained within the Myco-EMP system.

The Flex Plan is not:

  • a subscription service;
  • a revolving credit account;
  • an open-ended financing arrangement;
  • a renewable loop-based payment system; or
  • a guarantee that every item or payment outcome will qualify for extension, refund, credit, or replacement.

The Flex Plan is a finite reservation agreement with defined system rules, defined status transitions, and defined enforcement rights.

3. Eligibility, Approval, and Item Qualification

Not all items qualify for the Flex Plan. Eligibility is determined solely by Myco-EMP. We may approve, deny, limit, suspend, or remove Flex Plan availability for any item, order, category, or Myco-Patron at any time, with or without prior notice, where permitted by law.

Items that may be restricted or excluded include, without limitation:

  • custom creations;
  • special orders;
  • custom Myco-Habitats;
  • high-risk or highly time-sensitive living specimens;
  • items marked by Myco-EMP as ineligible for credit, refund, or extension; and
  • items removed from the system due to rarity, condition changes, legal restrictions, or operational concerns.

4. Plan Creation, Initialization, and Activation

A Flex Plan may first appear in an initialization, pending, or pre-activation state. During that stage, Myco-EMP may classify the plan as created, awaiting activation, or awaiting first qualifying payment. That stage does not necessarily mean the plan is fully active, fully secure, or immune from expiration under the system rules.

A plan becomes active only when Myco-EMP’s system records the necessary activation event, which may include a qualifying payment, successful order processing, or another system trigger chosen by Myco-EMP for that specific plan type. Until activation is confirmed, Myco-EMP may treat the plan as incomplete, time-limited, or subject to cancellation or expiration.

Myco-EMP reserves the right to define and update the system logic that governs whether a plan is in initialization, active, grace, extended, completed, defaulted, expired, or resolved status.

5. Payment Structure

5.1 Activation or Initial Payment

A Flex Plan may require an initial payment, activation payment, or other qualifying payment to begin or continue. The amount, timing, and effect of that payment are determined by the system design in effect at the time of enrollment and may vary by plan type, item type, or promotional structure.

5.2 Weekly Care, Reservation, and Service Fees

Weekly fees apply to maintain, reserve, monitor, store, manage, and support the Reserved Item while under the Flex Plan.

  • Live Specimens: $5.00 per specimen, per week.
  • Non-Living Orders: $5.00 per order, per week.
  • System Formula: weekly fee = max($5.00, $5.00 × live specimen count).
  • If live specimens are included, live specimen fee logic controls.
  • Each started week or partial week may be treated as a full week.

These fees are mandatory and are separate from the merchandise balance. Weekly fees may continue while the item is held, whether or not the Myco-Patron makes additional voluntary payments during that same period.

5.3 Balance Math

Unless Myco-EMP expressly applies another adjustment, the plan balance is based on the Reserved Item value, plus accrued fees and approved adjustments, minus payments actually posted to the plan. Myco-EMP’s system records govern the official plan balance.

6. Accepted Payment Methods and Anti-Loop Rule

Flex Plan payments must be made through approved payment methods designated by Myco-EMP, which may include PayPal, card processing through PayPal, approved store credit systems, or other authorized gateways.

The following are strictly prohibited:

  • using one Flex Plan to pay another Flex Plan;
  • using the Flex Plan method itself to fund or refinance an existing Flex Plan balance;
  • creating chained, circular, stacked, or recursive payment structures; or
  • using the system in a way that creates an infinite or pseudo-infinite loop of reservation debt.

Any attempt to exploit, bypass, manipulate, or recursively reuse the Flex Plan system is a material breach of this agreement and may result in immediate plan termination, forfeiture, permanent restriction, and any other enforcement step available to Myco-EMP.

7. Timelines, Deadlines, Grace Periods, and Expiration

Each Flex Plan may operate on a defined internal timeline. That timeline may be selected by the Myco-Patron, assigned by the system, or updated by Myco-EMP where permitted by the plan rules.

If a plan reaches its deadline with an unpaid balance, Myco-EMP may place it into a grace period, usually up to fourteen (14) days unless another timeline is stated in the system. During grace, additional fees may continue, the item may remain held at Myco-EMP’s discretion, and completion may still be allowed.

If a pending or initialization plan is not activated within the time allowed by the system, Myco-EMP may mark it expired, close it, or release the item back into the network without further obligation to continue holding it.

Myco-EMP reserves the right to define different expiration windows for pending plans, including short reservation windows such as 24-hour or 48-hour initialization periods where needed to protect live inventory, rarity, and fairness.

8. Extensions and Upgraded Timeframes

A Myco-Patron may be offered the opportunity to request an extension, and Myco-EMP may, in its sole discretion, approve, deny, modify, or condition any extension request.

An approved extension may include a revised deadline, revised weekly rate, additional required payment, or other adjusted terms. Any extension fee increase applies prospectively from the approved extension period forward unless Myco-EMP clearly states otherwise.

Extension eligibility is never guaranteed. Myco-EMP may deny an extension for any legitimate business reason, including item rarity, specimen health, missed communication, repeated delinquency, or system abuse concerns.

9. Ownership, Custody, and Release

All Reserved Items remain the sole property of The Mushroom Network, LLC until all required amounts under the plan have been satisfied in full and Myco-EMP has authorized release.

A Myco-Patron does not acquire ownership merely by creating a plan, making partial payments, or receiving plan status updates. Ownership transfers only after full completion and authorized release.

Myco-EMP may refuse, delay, pause, or condition release where the plan remains incomplete, disputed, defaulted, under review, or otherwise not in good standing.

10. Cancellations, Defaults, and Abandonment

A plan may be cancelled, terminated, defaulted, or deemed abandoned if the Myco-Patron fails to pay, fails to communicate, violates system rules, attempts to abuse the platform, or otherwise fails to remain in good standing.

Upon cancellation, default, or abandonment, Myco-EMP may:

  • terminate the reservation;
  • release the Reserved Item back into inventory or the network;
  • retain prior payments in whole or in part;
  • apply deductions for care, service, holding, administrative, and related costs; and
  • close the plan under a default, resolved, expired, or other system status.

Failure to communicate before a deadline, expiration, or collapse of plan status may weigh heavily against any discretionary recovery request.

11. Refunds, Credits, and Discretionary Recovery

All payments made under the Flex Plan are presumed final and non-refundable unless Myco-EMP expressly grants another outcome in writing or through the official system.

Any refund, store credit, replacement allowance, waiver, or balance adjustment is strictly discretionary and may be reduced by care fees, holding fees, service costs, payment processing costs, labor, sourcing expenses, or other legitimate deductions.

The following are commonly ineligible for credit or refund recovery:

  • custom creations;
  • special orders;
  • custom Myco-Habitats;
  • items marked by Myco-EMP as non-credit-eligible; and
  • plans involving abuse, fraud indicators, or severe non-communication.

12. Live Specimens and Resolution Pathways

Live specimens are living beings, not static inventory. If a live specimen declines, becomes unavailable, is deemed unsuitable for release, or dies while under Myco-EMP care during an active or pending Flex Plan, Myco-EMP will review the matter and may present one or more resolution pathways to the affected Myco-Patron.

Depending on the circumstances, available resolution pathways may include:

  • a replacement specimen of equal or lesser value;
  • an upgraded replacement specimen with an added balance, reduced balance, or waived difference;
  • store credit, whether full or partial, after applicable deductions;
  • a partial refund after deduction of applicable care fees, reservation fees, service costs, processing costs, and other legitimate expenses; or
  • another case-specific resolution approved by Myco-EMP.

Where Myco-EMP offers multiple available pathways, the Myco-Patron may select from the options actually presented, request a preferred resolution, or communicate with Myco-EMP regarding the outcome. Myco-EMP will consider the Myco-Patron’s preference in good faith; however, final approval, feasibility, item valuation, replacement availability, balance treatment, and release conditions remain subject to the sole discretion of Myco-EMP / The Mushroom Network, LLC.

Not every pathway will be available in every case. Resolution availability may depend on specimen type, rarity, replacement access, condition history, timing, current balance, accrued fees, prior communications, and overall system integrity.

No specific remedy is guaranteed, and the existence of a review or offered option does not create an obligation for Myco-EMP to provide any particular refund, credit, replacement, upgrade, or waiver beyond what Myco-EMP expressly approves.

13. Transparency Log, System Records, and Communications

Myco-EMP may maintain one or more logs, records, notes, plan histories, communication entries, status records, and transparency entries associated with a Flex Plan. These records may include payments, messages, approvals, denials, extensions, system changes, and other plan events.

The official records maintained by Myco-EMP control in the event of a dispute regarding dates, balances, plan state, communication history, or action history, unless otherwise required by law.

The existence of a communication note or transparency entry does not waive any right of enforcement, refund denial, termination, or other remedy available to Myco-EMP.

14. System Authority and Modifications

Myco-EMP reserves the right to modify, expand, restrict, suspend, or discontinue any aspect of the Flex Plan system, including but not limited to fee structures, payment options, timelines, status logic, eligibility rules, extension mechanics, and platform workflows.

Active plans generally will not be altered retroactively except where required for legal compliance, fraud prevention, operational necessity, platform integrity, or other legitimate business reasons.

15. Limitation of Liability

To the fullest extent permitted by law, The Mushroom Network, LLC, Myco-Emporium, and their owners, operators, affiliates, staff, contractors, and representatives shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages arising out of or related to the Flex Plan.

This includes, without limitation, damages related to:

  • plan denial, cancellation, expiration, or termination;
  • missed deadlines, payment delays, or failed transactions;
  • item unavailability, substitution, or replacement decisions;
  • system errors, processing delays, or platform limitations;
  • enforcement actions, including account restrictions or plan termination;
  • loss of access to a Reserved Item due to default, expiration, or policy enforcement;
  • health, condition, or viability changes in live specimens;
  • outcomes occurring after release of any specimen or item into the Myco-Patron’s care;
  • misunderstanding or misuse of the Flex Plan system.

In all cases, Myco-EMP’s total liability, if any, shall not exceed the total amount actually paid by the Myco-Patron toward the specific Flex Plan in question, unless a greater limitation is prohibited by applicable law.

Where liability cannot lawfully be excluded, it shall be limited to the maximum extent permitted by applicable law.

16. Indemnification

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless The Mushroom Network, LLC, Myco-Emporium, and their owners, operators, affiliates, employees, contractors, and representatives from and against any and all claims, demands, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

  • your participation in or use of the Flex Plan;
  • your failure to comply with these Terms;
  • missed payments, default, or abandonment of a plan;
  • any misuse, manipulation, or attempted circumvention of system rules;
  • any dispute involving third parties arising from your actions or use of the system;
  • any harm, damage, or issue involving live specimens after release into your care;
  • any claim resulting from improper handling, housing, resale, or transfer of any item.

This indemnification obligation applies regardless of the legal theory of the claim, including contract, tort, negligence, or otherwise, except where prohibited by law.

Myco-EMP reserves the right to assume exclusive defense and control of any matter subject to indemnification, and you agree to fully cooperate in such defense.

17. Governing Law and Venue

This agreement is governed by the laws of the State of Florida, without regard to conflict-of-law principles.

Any dispute arising from or relating to the Flex Plan, to the extent not otherwise required by law, shall be resolved exclusively in the appropriate courts located within the State of Florida, and the Myco-Patron consents to such jurisdiction and venue.

18. Entire Agreement and Acceptance

These Terms, together with any referenced policies, system rules, and recorded checkout acceptance, constitute the complete and exclusive agreement governing the Flex Plan unless modified in writing by Myco-EMP.

By activating, paying into, continuing, or otherwise participating in the MYCO-EMP FLEX PLAN™, you confirm that you:

  • have read and understood these Terms;
  • accept full financial and procedural responsibility;
  • agree to comply with all system rules and enforcement actions;
  • agree to be legally bound by this agreement.

This is a binding legal agreement.

The Mushroom Network, LLC
Myco-Emporium • A TMN System Vision
Connected through the Grand Cosmic Mycelial Network 🍄