Oppermind Back

Terms & Conditions

Last updated: 25 May 2026  |  Effective: 25 May 2026

These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("User", "you", or "your") and Oppermind Pty Ltd (ABN 89 689 605 918) ("Oppermind", "we", "us", or "our"), a company registered in Western Australia, Australia, operating from Perth. By accessing or using any part of the Oppermind platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

1. Acceptance of Terms & Eligibility

1.1 Agreement to Terms

By creating an account, accessing, or using the Oppermind platform or any of its services (collectively, the "Service"), you agree to be bound by these Terms and all applicable laws and regulations. If you do not agree to these Terms, you must not access or use the Service.

1.2 Capacity to Contract

You represent and warrant that you have the legal capacity to enter into a binding agreement under the laws of your jurisdiction. If you are entering into these Terms on behalf of an organisation, you represent that you have the authority to bind that organisation.

1.3 Age Requirements

You must be at least 18 years of age to use the Service. This is a flat platform-wide minimum age, with no exceptions and no parental-consent pathway. By creating an account or using the Service, you represent and warrant that you are at least 18 years of age. The Service is a general-purpose artificial intelligence workspace with content-generation capabilities that may produce material unsuitable for minors despite our safety measures; its safety architecture is designed for an adult user, and we have not built the data-handling, age-appropriate content filtering, or parental supervision infrastructure that an honest service to minors would require. We do not knowingly collect, use, or store personal information from any person under 18, and we will suspend any account and delete associated personal information promptly upon discovery that the holder is under 18, as described in our Children's Privacy Policy.

1.4 Modifications to Terms

We reserve the right to modify these Terms at any time. We will make reasonable efforts to notify you of material changes via email or a prominent notice within the Service. Your continued use of the Service after any modification constitutes acceptance of the updated Terms. If you do not agree to any modification, your sole remedy is to terminate your account and discontinue use of the Service.

2. Description of Service

2.1 Platform Overview

Oppermind is an AI-powered productivity and workspace platform that provides various features and capabilities, which may include AI-assisted tools, content creation and editing, communication features, productivity tools, and other functionality. The specific features available may vary by subscription tier and may be added, modified, or removed from time to time at Oppermind's discretion.

2.2 AI Technology

The Service utilises artificial intelligence models and technology to deliver AI-powered features. In order to provide these features, your inputs (prompts, queries, uploaded content) may be processed by Oppermind's AI infrastructure, which may include the use of third-party service providers acting as data processors on our behalf. By using the Service, you acknowledge and consent to such processing as necessary for the operation of AI features. The specific providers, models, and technologies used are proprietary and confidential to Oppermind and may change from time to time without notice.

2.3 Service Availability

We strive to maintain the availability and reliability of the Service; however, the Service is provided on an "as available" basis. We do not guarantee uninterrupted, timely, secure, or error-free operation. Scheduled and unscheduled maintenance, infrastructure failures, third-party service disruptions, or force majeure events may cause temporary unavailability. We will use commercially reasonable efforts to provide advance notice of planned downtime.

2.4 Service Modifications

We reserve the right to modify, update, suspend, or discontinue any part of the Service at any time, with or without notice. We are under no obligation to maintain, update, or continue offering any particular feature or functionality of the Service.

3. User Accounts

3.1 Registration

To access certain features of the Service, you must create an account by providing accurate, current, and complete information, including your name, email address, and a secure password. You agree to promptly update your account information to maintain its accuracy.

3.2 Account Security

You are solely responsible for maintaining the confidentiality and security of your account credentials, including your password and any linked authentication methods. You agree to immediately notify us at enquiry@oppermind.com of any unauthorised access to or use of your account. You are fully responsible for all activities that occur under your account, whether or not authorised by you. Oppermind shall not be liable for any loss or damage arising from your failure to secure your account credentials.

3.3 Account Restrictions

Each account is personal to the individual who created it. You may not share, transfer, sell, or assign your account or account credentials to any third party. We reserve the right to suspend or terminate accounts that we reasonably believe are being shared or used in violation of these Terms.

3.4 Email Integration Accounts

The Service allows you to connect third-party email accounts using standard email protocols. By connecting an email account, you authorise Oppermind to access and manage email data from your connected accounts on your behalf. Email account credentials are stored using industry-standard encryption. You are responsible for ensuring you have the right to connect any email account and for complying with your email provider's terms of service.

4. Subscriptions & Payments

4.1 Subscription Tiers

Oppermind offers free and paid subscription tiers. Paid plans include "Pro" and "Pro Plus" tiers, each with different feature sets and monthly token allocations as described on our pricing page. Features and pricing are subject to change in accordance with Section 1.4.

4.2 Billing

Paid subscriptions are billed on a recurring monthly basis through our third-party payment processor, Stripe, Inc. ("Stripe"). By subscribing to a paid plan, you authorise Stripe to charge your designated payment method at the start of each billing cycle. Stripe processes and stores your payment information in accordance with PCI-DSS standards; Oppermind does not directly store your full credit card or bank account details.

4.3 Cancellation & Refunds

You may cancel your paid subscription at any time. Upon cancellation, your access to paid features will continue until the end of your current billing period. We generally do not provide refunds for partial billing periods, except: (a) where required by applicable law, including Australian Consumer Law; or (b) at our sole discretion in exceptional circumstances. Refund requests may be submitted through the Service or by contacting us.

4.4 Price Changes

We may modify the pricing for paid plans at any time. We will make reasonable efforts to notify existing subscribers of price changes. If you do not agree to new pricing, your sole remedy is to cancel your subscription before your next billing cycle.

4.5 Failed Payments

If a payment fails, we may retry the payment and/or notify you to update your payment information. If payment remains unsuccessful, we reserve the right to suspend or downgrade your account to the free tier after providing reasonable notice.

5. Token Usage & Consumption

5.1 Token Allocations

Each subscription tier includes a monthly allocation of tokens. Tokens are consumed when you use AI-powered features, including but not limited to: chat conversations, image generation, image editing, video generation, document processing, and other AI-driven operations.

5.2 Token Expiry

Unused tokens do not roll over or accumulate from one billing period to the next. At the beginning of each billing cycle, your token balance resets to your tier's monthly allocation.

5.3 Usage Tracking

We track token consumption per request and maintain records of your usage for billing, analytics, and service improvement purposes. Token estimates are approximations; actual consumption may vary based on query complexity, response length, and model used. Detailed usage information is available through your account dashboard.

5.4 Exceeding Limits

If you exhaust your token allocation, AI features may become temporarily unavailable until your next billing cycle begins or you upgrade to a higher tier.

6. User Content & Intellectual Property

6.1 Your Content

"User Content" means any data, text, images, files, prompts, feedback, or other materials that you submit, upload, or input into the Service. You retain all rights in your User Content that you held prior to submitting it to the Service.

6.2 License to Oppermind

By submitting User Content, you grant Oppermind a worldwide, non-exclusive, royalty-free, sublicensable licence to use, process, store, transmit, and display your User Content solely as necessary to: (a) provide, maintain, and improve the Service; (b) comply with applicable law; (c) enforce these Terms; and (d) ensure safety, security, and content moderation. This licence does not grant us the right to sell your User Content to third parties.

6.3 AI-Generated Outputs

Content generated by AI features in response to your inputs ("Output") is provided to you for your use. To the extent permitted by applicable law, you may use Output for personal or commercial purposes. However, you acknowledge that:

  • Similar or identical Output may be independently generated for other users providing similar inputs;
  • Output may not be protectable under copyright or intellectual property laws in all jurisdictions;
  • You are solely responsible for evaluating and using any Output, including verifying its accuracy and legality before reliance or publication;
  • Oppermind does not claim ownership of Output generated from your inputs.

6.4 Oppermind's Intellectual Property

All rights, title, and interest in and to the Service, including but not limited to the platform software, design, user interface, AI model integrations, system architecture, technology stack, service provider relationships, algorithms, methodologies, processes, workflows, documentation, trademarks, logos, and branding, are and remain the exclusive property of Oppermind and its licensors. The identity, configuration, and integration of any third-party services, models, or infrastructure used by Oppermind constitute proprietary trade secrets. These Terms do not grant you any right, title, or interest in the Service other than a limited, revocable, non-exclusive, non-transferable licence to access and use the Service in accordance with these Terms.

6.5 Trade Secrets & Confidential Information

You acknowledge that the Service embodies valuable trade secrets and confidential information belonging to Oppermind, including without limitation: the identity and configuration of underlying technology providers; system architecture and infrastructure; AI model selection, fine-tuning, and integration methods; prompt engineering techniques; data processing pipelines; security implementations; and all other non-public aspects of how the Service operates (collectively, "Confidential Information"). You agree not to:

  • Attempt to discover, identify, or determine the identity of any third-party service providers, AI models, APIs, or infrastructure components used by the Service;
  • Disclose, publish, or share any Confidential Information or any conclusions drawn about the Service's underlying technology with any third party;
  • Use any knowledge gained through your use of the Service about its technology, architecture, or methods for any competitive purpose;
  • Probe, test, or benchmark the Service for the purpose of identifying its underlying components or comparing it to competing services.

Any breach of this Section constitutes a material breach of these Terms and may give rise to claims for injunctive relief, damages, and equitable remedies, including an account for profits.

6.6 Non-Compete & Competitive Use Restrictions

You agree that, during the term of your use of the Service and for a period of twelve (12) months following termination or expiration of your account, you shall not, directly or indirectly:

  • Use any information, data, insights, outputs, techniques, or knowledge obtained from or through the Service to develop, build, train, fine-tune, improve, market, or operate any product, service, application, model, agent, bot, or platform that competes with or is substantially similar to the Service or any of its features;
  • Use the Service or its Outputs to create training data, benchmark datasets, evaluation suites, or any other materials for the development of competing AI systems, language models, or intelligent agents;
  • Assist, advise, fund, or otherwise support any third party in developing a product or service that competes with the Service using knowledge derived from your use of the Service;
  • Recruit, solicit, or hire any Oppermind employee, contractor, or consultant with whom you had contact through the Service;
  • Replicate, emulate, or create derivative works of the Service's user interface, workflows, features, or user experience.

You acknowledge that these restrictions are reasonable and necessary to protect Oppermind's legitimate business interests and that monetary damages alone would be inadequate for any breach. You consent to injunctive and other equitable relief without the requirement of posting bond.

6.7 Anti-Scraping & Data Harvesting

You are strictly prohibited from, and agree not to engage in or facilitate:

  • Scraping, crawling, spidering, indexing, or otherwise systematically extracting data, content, or information from the Service by any means, whether manual or automated;
  • Using any robot, spider, crawler, scraper, data mining tool, automated script, or any manual process to monitor, copy, or extract data from the Service;
  • Harvesting, collecting, or aggregating AI-generated Outputs for the purpose of creating datasets, databases, archives, or repositories;
  • Framing, mirroring, or replicating any portion of the Service on any other server, platform, or service;
  • Accessing the Service through any interface other than the interfaces provided by Oppermind, including but not limited to third-party clients, unofficial APIs, browser automation tools, or headless browsers;
  • Circumventing, disabling, or interfering with any rate-limiting, access controls, authentication mechanisms, or technical protection measures implemented by the Service.

Any violation of this section entitles Oppermind to immediately terminate your account without notice and pursue all available legal remedies, including statutory damages, injunctive relief, and recovery of costs and legal fees to the maximum extent permitted by law.

6.8 Feedback

If you provide suggestions, ideas, or feedback regarding the Service, you grant Oppermind a perpetual, irrevocable, worldwide, royalty-free licence to use such feedback for any purpose, including to improve the Service, without any obligation or compensation to you.

6.9 Content Moderation

We maintain measures to enforce our Acceptable Use Policy and applicable law. We reserve the right to remove or restrict access to any User Content that violates these Terms or applicable law, or that we reasonably determine poses a risk of harm.

7. Acceptable Use Policy

7.1 Permitted Use

You may use the Service only for lawful purposes and in compliance with these Terms. The Service is intended for personal and professional productivity, creative work, research, communication, and general-purpose AI assistance.

7.2 Prohibited Conduct

You agree not to use the Service to:

  • Violate any applicable local, state, national, or international law or regulation;
  • Generate, distribute, or facilitate content that exploits, harms, endangers, or sexualises minors in any way, including but not limited to child sexual abuse material (CSAM), child exploitation material (CEM), and computer-generated or synthetic depictions of minors in sexual or exploitative contexts as prohibited under the Criminal Code Act 1995 (Cth) or equivalent legislation;
  • Generate content that promotes violence, terrorism, self-harm, or incites hatred against any individual or group;
  • Create weapons of mass destruction instructions, malware, or other tools designed to cause harm;
  • Harass, bully, threaten, defame, or intimidate any person;
  • Generate misleading or deceptive content at scale, including disinformation, deepfakes, or fraudulent impersonation;
  • Infringe upon the intellectual property rights of any third party;
  • Attempt to extract, reverse-engineer, decompile, disassemble, or derive source code, algorithms, data structures, or trade secrets from any part of the Service or its underlying systems;
  • Attempt to identify, discover, or determine the identity or configuration of any third-party services, models, providers, or infrastructure used by the Service;
  • Use automated tools, bots, scripts, scrapers, crawlers, or any manual or automated process to systematically access, copy, extract, harvest, or monitor the Service or its data;
  • Circumvent, disable, or interfere with any security, rate-limiting, authentication, or access-control features of the Service;
  • Share your account credentials with third parties or operate multiple accounts to circumvent usage limits;
  • Use the Service, its Outputs, or any information derived from the Service to develop, train, fine-tune, improve, benchmark, evaluate, or operate any competing AI model, agent, application, or service, whether directly or indirectly;
  • Create derivative works, replicas, or substantially similar products or features based on the Service;
  • Systematically collect, aggregate, or store Outputs for the purpose of building databases, training sets, or competitive intelligence;
  • Use AI-generated Outputs to create fraudulent academic submissions, false legal filings, or deceptive professional credentials;
  • Transmit viruses, worms, or other malicious code through the Service;
  • Use the email integration features to send unsolicited bulk email (spam) or to violate the Spam Act 2003 (Cth), CAN-SPAM Act, or equivalent legislation in your jurisdiction.

7.3 Enforcement

We reserve the right to investigate and take appropriate action against any violation of the Acceptable Use Policy, including but not limited to: issuing warnings, temporarily suspending access, permanently terminating accounts, removing or restricting content, and reporting illegal activity to law enforcement authorities. We may act with or without notice depending on the severity of the violation.

7A. Synthetic Media & Generative Content Restrictions

Zero-Tolerance Policy: Oppermind operates a strict zero-tolerance policy regarding the generation of prohibited synthetic media. Violations will result in immediate and permanent account termination and referral to law enforcement authorities.

7A.1 Absolute Prohibition — Minors

It is strictly prohibited, under any circumstances and without exception, to use any image generation, video generation, image editing, or any other generative or AI-powered feature of the Service to create, generate, modify, enhance, or produce any synthetic media — including images, videos, audio, 3D renders, or any other visual or audiovisual content — that:

  • Depicts any real person under the age of 18 in any state of nudity, partial undress, or in any sexualised, exploitative, or inappropriate context;
  • Depicts any fictional, animated, AI-generated, or computer-generated character that a reasonable person would consider to be under the age of 18 in any state of nudity, partial undress, or in any sexualised, exploitative, or inappropriate context, regardless of any purported age label or description applied to such character;
  • Constitutes, contains, or is substantially similar to child sexual abuse material (CSAM) or child exploitation material (CEM) as defined under the Criminal Code Act 1995 (Cth) or any equivalent legislation in your jurisdiction.

This prohibition applies regardless of the medium, style, level of realism, or purported artistic or creative intent of the request.

7A.2 Absolute Prohibition — Nudity & Explicit Content

The generative features of the Service (including but not limited to image generation, video generation, and image editing) are provided solely for lawful, non-explicit, non-pornographic use. You are strictly prohibited from using any generative feature of the Service to create:

  • Nude, sexually explicit, pornographic, or sexually suggestive content of any kind, whether depicting real persons, fictional characters, or AI-generated individuals;
  • Non-consensual intimate images (NCII) or synthetic intimate images (SII) of any real, identifiable person;
  • Deepfakes, synthetic media, or AI-generated content depicting real persons in sexual, intimate, or degrading contexts without their explicit, verifiable consent.

7A.3 No Circumvention

You must not attempt to circumvent, bypass, disable, or manipulate any content filtering, safety, or moderation system of the Service, including through adversarial prompting, jailbreaking, prompt injection, role-play framing, euphemistic language, or any other technique designed to elicit content that would otherwise be blocked. Any such attempt constitutes a material breach of these Terms.

7A.4 Enforcement & Reporting

Oppermind employs automated and human review measures to detect violations of this Section. Any confirmed violation will result in:

  • Immediate and permanent termination of your account without refund;
  • Preservation and reporting of relevant data to the Australian Federal Police, the National Centre for Missing & Exploited Children (NCMEC), the Internet Watch Foundation (IWF), or any other relevant law enforcement or regulatory authority, as required by applicable law or at Oppermind's discretion;
  • Pursuit of all available civil and criminal remedies.

Oppermind is not liable for and expressly disclaims all responsibility for any Outputs generated in violation of this Section. Users who violate this Section are solely and fully liable for all legal consequences of such violations.

7A.5 Age Restriction on Generative Features

Consistent with the platform-wide 18+ minimum age in Section 1.3 and our Children's Privacy Policy, image generation, video generation, and image editing features are available only to users who are 18 years of age or older. Because the entire Service is restricted to users aged 18 and over, there is no separate sub-class of users for whom these features are gated; the same single minimum age applies. Oppermind reserves the right to require additional age assurance verification at any time, including in response to regulatory requirements or changes to applicable law, such as the Online Safety (Social Media Minimum Age) Act 2024 (Cth) and any associated age verification framework.

7B. Online Safety & Regulatory Compliance

Online Safety Act 2021 (Cth): Oppermind is committed to compliance with the Online Safety Act 2021 (Cth), the Basic Online Safety Expectations, and any determination, standard, or code issued by the eSafety Commissioner that applies to the Service.

7B.1 eSafety Commissioner

Oppermind acknowledges the powers of the eSafety Commissioner under the Online Safety Act 2021 (Cth), including the power to issue removal notices for Class 1 material (including child sexual abuse material and pro-terror content) and other harmful online content. Oppermind will comply with any valid removal notice, link-deletion notice, or app-removal notice issued by the eSafety Commissioner within the timeframes required by the Act. The designated Australian online safety contact for Oppermind may be reached at enquiry@oppermind.com.

7B.2 Basic Online Safety Expectations

In accordance with the Basic Online Safety Expectations set out in the Online Safety (Basic Online Safety Expectations) Determination 2022, Oppermind takes reasonable steps to ensure the safety of all users, including:

  • Implementing proactive content safety systems, including automated detection and pre-delivery screening of AI-generated content, to detect and prevent the creation or distribution of Class 1 and Class 2 material;
  • Providing mechanisms for users to report harmful content or online safety concerns directly to Oppermind via enquiry@oppermind.com or through in-platform reporting features;
  • Maintaining processes to promptly assess, action, and (where necessary) remove or restrict access to harmful content;
  • Cooperating with Australian law enforcement authorities and the eSafety Commissioner in relation to online safety matters.

7B.3 Mandatory Reporting

Oppermind will report all suspected child sexual abuse material (CSAM), child exploitation material (CEM), and pro-terror content to the relevant authorities, including the Australian Federal Police (AFP), the eSafety Commissioner, the National Centre for Missing & Exploited Children (NCMEC), and the Internet Watch Foundation (IWF), as required by applicable law and in all cases where Oppermind becomes aware of such material. Reporting will be made as soon as practicable and in any event within the timeframes required by applicable law.

7B.4 Record-Keeping

Oppermind maintains records of content moderation actions, safety reports, and responses to regulatory notices in accordance with its obligations under the Online Safety Act 2021 (Cth) and other applicable legislation. These records are retained for the periods required by law and are available for inspection by regulatory authorities upon lawful request.

8. AI Output Disclaimers

Important: The following disclaimers are subject to Section 14 (Australian Consumer Law). Nothing in this section is intended to exclude, restrict, or modify any consumer guarantees under Australian Consumer Law that cannot be excluded.

8.1 No Guarantee of Accuracy

AI-generated Outputs are produced by machine learning models and may contain errors, inaccuracies, biases, outdated information, or fabricated content (commonly referred to as "hallucinations"). The Service does not guarantee the accuracy, completeness, reliability, timeliness, or fitness for purpose of any Output. You must independently verify any AI-generated content before relying on it for any decision of consequence.

8.2 Not Professional Advice

Outputs do not constitute and must not be relied upon as professional advice of any kind, including but not limited to: legal advice, medical or health advice, financial or investment advice, tax advice, engineering advice, or any other form of regulated professional counsel. Always consult a qualified professional for matters requiring expert judgment.

8.3 Variability of Outputs

AI models may produce different Outputs in response to the same or substantially similar inputs. Outputs may change over time as underlying models are updated. We do not guarantee consistency or reproducibility of any Output.

8.4 Nature of AI-Generated Content

Outputs are generated by AI models as part of Oppermind's technology stack. Due to the inherent nature of machine learning systems, Oppermind cannot guarantee or predict the nature, quality, or appropriateness of any particular Output. Despite our safety and moderation measures, Outputs may occasionally contain inappropriate, offensive, biased, or harmful content. We disclaim responsibility for any such content, to the maximum extent permitted by law.

8.5 User Responsibility

You are solely responsible for your use of any Output, including determining its suitability for your intended purpose, verifying its accuracy and legality, and ensuring it does not infringe the rights of any third party. You assume all risk associated with reliance on AI-generated content.

9. Data Practices

9.1 Privacy Policy

Your use of the Service is subject to our Privacy Policy, which describes in detail the information we collect, how we use it, who we share it with, and your rights regarding your personal data. The Privacy Policy is incorporated into and forms part of these Terms.

9.2 Data Collection

In order to provide the Service, we collect and process various categories of personal and usage data as described in our Privacy Policy. By using the Service, you acknowledge and consent to such data collection and processing, except where consent is not the applicable legal basis (in which case we rely on other lawful bases as described in our Privacy Policy).

9.3 Conversation Data

Conversations you have with the AI are stored on our servers to enable conversation history, continuity, and context. Conversation data may be processed and used as described in our Privacy Policy. You may delete your conversations through the Service interface.

9.4 AI Data Processing

By using AI features, you acknowledge that your input data (prompts, uploaded content, conversation history) may be processed by third-party service providers acting as data processors on Oppermind's behalf. These providers are bound by contractual obligations regarding data handling and confidentiality. For details on how your data is processed, please refer to our Privacy Policy.

9.5 Automated Analysis

The Service may employ automated systems to analyse content for various purposes, including but not limited to safety, content moderation, service improvement, and analytics. You acknowledge and consent to such automated processing as a condition of using the Service. You may contact us at enquiry@oppermind.com to enquire about opting out of non-essential automated processing where applicable.

10. Autonomous Agent & Device Integration

10.1 Agent Features

The Service may include autonomous agent functionality that allows you to pair physical devices (such as desktop computers) with your Oppermind account for automation, remote monitoring, and AI-assisted operations.

10.2 Device Pairing

Device pairing requires your explicit initiation via a secure pairing code with a limited validity period. You are responsible for maintaining the security of paired devices and for all actions performed through the agent on your behalf.

10.3 Data Processed by Agent

When you initiate agent features, the Service processes device data that you direct it to access in order to perform the requested operations. Data processed through agent features is handled in accordance with our Privacy Policy.

10.4 Assumption of Risk & Liability Disclaimer

Autonomous agent features involve AI systems operating on your physical devices with the ability to execute actions on your behalf, including but not limited to file operations, application control, and system interactions. You acknowledge and agree that:

  • Agent operations are performed based on AI interpretation of commands, which is inherently imprecise and may produce unintended, incorrect, or harmful results;
  • You are solely and fully responsible for supervising all agent operations and for all consequences arising from actions taken by the agent, regardless of whether those actions were intended;
  • You assume all risk associated with the use of autonomous agent features, including risk of data loss, system damage, unintended operations, security vulnerabilities, and any other consequences;
  • It is your obligation to maintain adequate backups and safeguards before enabling agent operations;
  • Oppermind is not liable for any loss, damage, cost, or harm of any kind resulting from agent actions, including but not limited to: data loss or corruption, unintended file modifications or deletions, unintended communications sent on your behalf, system instability, security incidents, financial losses, or any consequential damages, to the maximum extent permitted by law and subject to Section 14;
  • Your use of autonomous agent features constitutes your express assumption of all associated risks.

11. Email Integration

11.1 Email Services

The Service provides email integration allowing you to connect, read, compose, and send emails from within the Oppermind platform using standard email protocols with your existing email providers.

11.2 Authorisation & Consent

By connecting an email account, you represent and warrant that you are the authorised owner of that account or have obtained all necessary authorisations from the account owner. You consent to Oppermind accessing your email data as required to provide the email integration features.

11.3 Credential Security

Email account credentials are stored using industry-standard encryption. However, no method of encryption is completely secure, and we cannot guarantee absolute security of stored credentials.

11.4 Email Provider Compliance

You are solely responsible for ensuring that your use of email integration features complies with your email provider's terms of service and acceptable use policies.

11.5 Spam and Unsolicited Communications

You must not use the email integration features to send unsolicited commercial messages (spam) or otherwise violate the Spam Act 2003 (Cth), CAN-SPAM Act (US), Privacy and Electronic Communications Regulations (EU), or any equivalent legislation in your jurisdiction.

11.6 Email Liability Disclaimer

The email integration features, including any AI-assisted email composition, summarisation, or processing, are provided for your convenience and at your sole risk. Oppermind does not guarantee the accuracy, appropriateness, or completeness of any AI-generated or AI-assisted email content. You are solely responsible for reviewing, approving, and sending any email composed through the Service. Oppermind shall not be liable for any consequences arising from emails sent through the Service, including but not limited to: unintended recipients, inaccurate or inappropriate content, delivery failures, data loss, reputational harm, or any other damages arising from your use of email features. By using the email integration, you expressly assume all risks associated with AI-assisted email operations.

12. Warranties & Disclaimers

Important: The following disclaimers are subject to Section 14 (Australian Consumer Law). Certain warranties and consumer guarantees cannot be excluded under Australian Consumer Law and other applicable consumer protection legislation.

12.1 "As Is" Disclaimer

To the maximum extent permitted by applicable law, and subject to Section 14, the Service is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, whether express, implied, statutory, or otherwise. We specifically disclaim all implied warranties of merchantability, fitness for a particular purpose, non-infringement, and quiet enjoyment.

12.2 No Warranty of Results

We do not warrant that: (a) the Service will meet your specific requirements; (b) the Service will be uninterrupted, timely, secure, or error-free; (c) the results obtained from the use of the Service will be accurate or reliable; (d) any errors in the Service will be corrected; or (e) AI-generated content will be free from bias, inaccuracies, or harmful material.

12.3 Third-Party Services

The Service may contain links to or integrations with third-party websites, services, or content. We do not control, endorse, or assume responsibility for any third-party services or content. Your use of third-party services is subject to their respective terms and policies.

13. Limitation of Liability

Important: This section is subject to Section 14 (Australian Consumer Law). The limitations set out below apply only to the extent permitted by applicable law.

13.1 Exclusion of Consequential Damages

To the maximum extent permitted by applicable law, in no event shall Oppermind, its directors, officers, employees, agents, partners, or licensors be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to: loss of profits, revenue, business opportunities, or goodwill; loss of data or corruption of data; cost of procurement of substitute services; or any other intangible losses arising out of or in connection with your use of or inability to use the Service, regardless of the cause of action or the theory of liability (including contract, tort, negligence, strict liability, or otherwise), and even if we have been advised of the possibility of such damages.

13.2 Cap on Liability

To the maximum extent permitted by applicable law, Oppermind's total aggregate liability to you for all claims arising out of or in connection with these Terms or your use of the Service shall not exceed the greater of: (a) the total amounts paid by you to Oppermind in the twelve (12) months immediately preceding the event giving rise to the claim; or (b) one hundred Australian dollars (AUD $100).

13.3 Basis of the Bargain

You acknowledge that the limitations of liability set out in this section reflect a reasonable allocation of risk and form an essential basis of the bargain between you and Oppermind. Oppermind would not provide the Service without these limitations.

14. Australian Consumer Law

For Australian Consumers: Nothing in these Terms is intended to exclude, restrict, or modify any rights or remedies you may have under the Competition and Consumer Act 2010 (Cth), Schedule 2 (Australian Consumer Law), or any equivalent state or territory legislation (including the Fair Trading Act 2010 (WA)), which cannot be excluded, restricted, or modified by agreement.

14.1 Consumer Guarantees

If the Australian Consumer Law applies to you as a "consumer" (as defined therein), the Service comes with guarantees that cannot be excluded under Australian Consumer Law. These include guarantees that the Service will be provided with due care and skill, will be fit for the purpose for which it is commonly supplied, and will be provided within a reasonable time.

14.2 Remedies

If Oppermind fails to comply with a consumer guarantee under Australian Consumer Law:

  • For a failure that is not a major failure: you are entitled to have the Service re-supplied, or to payment of the cost of having the Service re-supplied;
  • For a major failure: you are entitled to cancel the contract and receive a refund for the unused portion, or to compensation for the reduction in value of the Service below the price paid.

14.3 Limitation for Non-Consumer Supplies

Where the Service is not supplied to you as a "consumer" under Australian Consumer Law, our liability is limited, at our option, to: (a) re-supplying the relevant services; or (b) paying the cost of having the relevant services re-supplied.

14.4 Unfair Contract Terms

We have drafted these Terms with the aim of fairness and transparency. To the extent that any provision of these Terms is found to be an "unfair contract term" within the meaning of the Australian Consumer Law (as amended by the Treasury Laws Amendment (More Competition, Better Prices) Act 2022), such term shall be severable and shall not affect the validity or enforceability of the remaining provisions.

15. Indemnification

Important: This section applies to the maximum extent permitted by applicable law, including the Australian Consumer Law. To the extent any provision of this section is found unenforceable, the remaining provisions shall continue in full force and effect.

To the maximum extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Oppermind and its directors, officers, employees, agents, affiliates, successors, and assigns from and against any and all claims, demands, actions, suits, proceedings, liabilities, damages, losses, costs, and expenses (including reasonable legal fees and disbursements) arising out of, relating to, or in connection with:

  • Your access to or use of the Service, including any data or content transmitted, submitted, or received by you;
  • Your use of the Service in violation of these Terms, any applicable law, regulation, or any third-party right;
  • Your User Content, including any claim that your User Content infringes, misappropriates, or otherwise violates the intellectual property, privacy, publicity, or other rights of any third party;
  • Your use, reliance on, distribution, or publication of any AI-generated Output;
  • Any misuse of the email integration, autonomous agent, device pairing, or any other feature of the Service;
  • Any breach of your representations, warranties, or obligations under these Terms;
  • Any dispute or claim between you and any third party arising from your use of the Service;
  • Your negligent, reckless, or wilful acts or omissions in connection with the Service.

This indemnification obligation shall survive termination or expiration of these Terms and your use of the Service. You agree to cooperate fully with Oppermind in the defence of any claim. Oppermind reserves the right to assume the exclusive defence and control of any matter subject to indemnification by you, at your expense.

16. Termination

16.1 Termination by You

You may terminate your account at any time by contacting us at enquiry@oppermind.com or by using any account deletion feature provided within the Service. Upon termination, your right to access the Service ceases immediately, except that paid subscriptions will remain active until the end of the current billing period.

16.2 Termination by Oppermind

We may suspend or terminate your account, with or without notice, if:

  • You materially breach these Terms and fail to remedy the breach within a reasonable cure period (where the breach is remediable);
  • You engage in conduct that poses a safety or security risk to the Service, other users, or third parties;
  • Your account is subject to legal proceedings or governmental action;
  • We are required by law to do so;
  • We discontinue the Service entirely.

For serious violations (including illegal activity, generation of harmful content, or security threats), we may terminate your account immediately without notice.

16.3 Effect of Termination

Upon termination:

  • Your licence to use the Service is immediately revoked;
  • You must cease all use of the Service;
  • We will delete or de-identify your personal data within a reasonable period, except as required by law or as necessary for legitimate business purposes (such as fraud prevention, billing records, or legal compliance);
  • Upon request, we will use commercially reasonable efforts to facilitate data retrieval prior to deletion, subject to technical feasibility and our retention policies;
  • Sections that by their nature should survive termination (including Sections 6, 7A, 7B, 8, 12, 13, 14, 15, 17, 18, and 19) shall survive.

17. Dispute Resolution & Governing Law

17.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Western Australia and the Commonwealth of Australia, without regard to conflict of law principles.

17.2 Jurisdiction

Subject to Section 17.3, you agree to submit to the exclusive jurisdiction of the courts of Western Australia and the Federal Court of Australia (sitting in Perth) for the resolution of any dispute arising out of or in connection with these Terms.

17.3 International Users

If you are located in the European Union, European Economic Area, or the United Kingdom, nothing in these Terms limits your right to bring proceedings in the courts of your country of residence, as required by the GDPR or other applicable mandatory consumer protection laws. Similarly, nothing in these Terms limits your mandatory statutory rights under the consumer protection laws of your jurisdiction.

17.4 Informal Resolution

Before commencing formal proceedings, both parties agree to attempt to resolve any dispute informally by contacting the other party. You may contact us at enquiry@oppermind.com. We will endeavour to resolve your concern in a reasonable timeframe.

17.5 Complaint Escalation

If informal resolution is unsuccessful, you may escalate your complaint through the following process:

  1. Internal review by Oppermind management;
  2. External mediation through a mediator selected by Oppermind, with costs allocated at the mediator's discretion;
  3. Formal legal proceedings in the courts described in Section 17.2 or 17.3.

For privacy-related complaints, you may also lodge a complaint with the Office of the Australian Information Commissioner (OAIC) at www.oaic.gov.au, or with the relevant supervisory authority in your jurisdiction.

17.6 Class Action Waiver

To the maximum extent permitted by applicable law, you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in any class action, class arbitration, or other representative proceeding against Oppermind. If this waiver is found to be unenforceable in your jurisdiction, it shall be severed and the remainder of this Section shall continue in full force and effect.

17.7 Limitation on Time to File Claims

To the maximum extent permitted by applicable law, any cause of action or claim you may have arising out of or relating to these Terms or the Service must be commenced within one (1) year after the cause of action accrues. Otherwise, such cause of action or claim is permanently barred. This limitation does not apply where prohibited by mandatory applicable law.

17.8 Legal Costs

Each party shall bear its own costs and expenses in connection with any dispute. However, in any proceeding where Oppermind substantially prevails, you agree to reimburse Oppermind's reasonable legal costs and expenses, to the maximum extent permitted by applicable law.

17.9 Injunctive Relief

You acknowledge that any breach of Sections 6 (User Content & Intellectual Property), 7 (Acceptable Use Policy), 7A (Synthetic Media & Generative Content Restrictions), or 7B (Online Safety & Regulatory Compliance) may cause irreparable harm to Oppermind for which monetary damages would be inadequate. Accordingly, Oppermind shall be entitled to seek injunctive or other equitable relief without the necessity of proving actual damages or posting any bond or other security.

18. General Provisions

18.1 Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Oppermind with respect to the subject matter hereof and supersede all prior agreements, understandings, and representations, whether written or oral.

18.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable (including under the Australian Consumer Law unfair contract terms provisions), such provision shall be severed from these Terms and the remaining provisions shall continue in full force and effect.

18.3 No Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorised representative of Oppermind.

18.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. Oppermind may assign its rights and obligations under these Terms in connection with a merger, acquisition, reorganisation, or sale of all or substantially all of its assets, provided that the assignee agrees to be bound by these Terms.

18.5 Force Majeure

Oppermind shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including but not limited to: acts of God, natural disasters, pandemics, epidemics, war, terrorism, civil unrest, government actions or orders, sanctions, embargo, internet outages, telecommunications failures, power failures, cyber attacks, distributed denial-of-service attacks, data breaches caused by third parties, hacking, ransomware, third-party service provider failures or outages, infrastructure disruptions, labour disputes, supply chain disruptions, or any other event beyond Oppermind's reasonable control.

18.6 Relationship of Parties

Nothing in these Terms creates or implies any partnership, joint venture, agency, franchise, or employment relationship between you and Oppermind. Neither party has the authority to bind the other or incur obligations on the other's behalf.

18.7 Notices

Notices to you may be provided via the email address associated with your account. Notices to Oppermind must be sent to enquiry@oppermind.com. Notices are deemed received upon successful delivery by email.

18.8 Electronic Transactions

In accordance with the Electronic Transactions Act 2011 (WA) and the Electronic Transactions Act 1999 (Cth), you consent to the use of electronic communications and records for the purposes of these Terms, including the formation of binding agreements.

19. Jurisdiction-Specific Provisions

19.1 European Union / EEA / United Kingdom Users

If you are located in the EU, EEA, or UK, the following additional provisions apply:

  • Your statutory rights under the GDPR and applicable member state laws are not affected by these Terms;
  • You have the right to lodge a complaint with your local data protection supervisory authority;
  • Mandatory consumer protection laws of your country of residence shall apply to the extent they provide greater protection than these Terms;
  • To the extent applicable, we are aware of regulatory frameworks relating to artificial intelligence in relevant jurisdictions and operate the Service in accordance with applicable law.

19.2 United States Users (including California)

If you are located in the United States, the following additional provisions apply:

  • For California residents: You have additional rights under the California Consumer Privacy Act (CCPA/CPRA) as described in our Privacy Policy. Oppermind does not "sell" or "share" your personal information as defined by the CCPA;
  • We comply with the Children's Online Privacy Protection Act (COPPA) and, consistent with our platform-wide 18+ minimum age (Section 1.3), do not knowingly collect personal information from any person under 18 (which necessarily includes children under 13). We also monitor applicable US state child-privacy laws (including the California Age-Appropriate Design Code Act, the Utah Social Media Regulation Act, the Texas SCOPE Act, and the Connecticut Data Privacy Act children's provisions) and apply requirements that apply to us where minor personal information enters our systems in breach of the 18+ rule;
  • You hereby waive, to the maximum extent permitted by applicable law, any rights under California Civil Code Section 1542, and any similar provision in the law of any other state or jurisdiction, which provides that a general release does not extend to claims which the releasing party does not know or suspect to exist at the time of executing the release.

19.3 All Other Jurisdictions

If you access the Service from any other jurisdiction, you are responsible for compliance with applicable local laws. Nothing in these Terms shall be construed to limit any rights you may have under mandatory consumer protection laws of your jurisdiction that cannot be waived or limited by contract.


Contact

If you have any questions about these Terms, please contact us:

  • Email: enquiry@oppermind.com
  • Location: Perth, Western Australia, Australia

For privacy-related inquiries, please refer to our Privacy Policy or contact us at enquiry@oppermind.com.

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