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.
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.
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.
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.
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.
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.
The Service utilises Oppermind's artificial intelligence orchestration and model stack — "Oppermind Lato" (or "Lato") — to deliver AI-powered features. Lato comprises Oppermind's proprietary Lato 1 and Lato 2 orchestration together with the large language models and technologies used to operate the Service's AI features. In order to provide these features, your inputs (prompts, queries, uploaded content) are processed by Lato and our hosting provider(s). By using the Service, you acknowledge and consent to such processing as necessary for the operation of AI features. Lato is proprietary and confidential to Oppermind and may be updated or improved from time to time.
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.
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.
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.
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.
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.
The Service allows you to connect third-party accounts — including email accounts, and the workspaces, repositories, storage, messaging, and other services described in Section 11A. By connecting any such account, you authorise Oppermind to access that account, and where the relevant feature provides for it to act within it, on your behalf, as set out in Section 11 (Email Integration) and Section 11A (Connected Accounts & Connectors). Credentials are stored using industry-standard encryption. You are responsible for ensuring you have the right to connect any account and for complying with that provider's terms of service. Content retrieved from a connected account is processed as described in Section 11A.5, which differs from how the Service handles your other data.
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.
Paid subscriptions are billed on a recurring monthly basis. Subscriptions purchased on the web are billed through our third-party payment processor, Stripe, Inc. ("Stripe"); by subscribing, you authorise Stripe to charge your designated payment method at the start of each billing cycle. Subscriptions purchased through our iOS or Android apps are billed by the Apple App Store or Google Play and managed by our third-party subscription provider, RevenueCat, Inc. ("RevenueCat"), subject to that app store's terms. 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.
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.
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.
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.
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.
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.
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.
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.
"User Content" means (a) any data, text, images, files, prompts, feedback, or other materials that you submit, upload, or input into the Service; and (b) any data, messages, files, records, or other materials that the Service retrieves, receives, or derives from a Connected Account (as defined in Section 11A) at your direction or on your behalf. You retain all rights in your User Content that you held prior to submitting it to, or making it available through, the Service.
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.
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:
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.
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:
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.
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:
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.
You are strictly prohibited from, and agree not to engage in or facilitate:
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.
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.
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.
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.
You agree not to use the Service to:
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.
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.
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:
This prohibition applies regardless of the medium, style, level of realism, or purported artistic or creative intent of the request.
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:
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.
Oppermind employs automated and human review measures to detect violations of this Section. Any confirmed violation will result in:
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.
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.
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.
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.
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:
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.
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.
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.
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.
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.
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.
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.
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.
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.
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).
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.
By using AI features, you acknowledge that your input data (prompts, uploaded content, conversation history) is processed by Lato in order to generate responses and provide the Service. Certain processing may also be carried out by third-party service providers acting as data processors on Oppermind's behalf — for purposes such as bot detection, prompt-injection protection, content moderation, and other processing necessary to operate the Service. 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.
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.
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.
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.
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.
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:
The Service provides email integration allowing you to connect, read, compose, and send emails from within the Oppermind platform using your existing email providers, whether by standard email protocols (such as IMAP and SMTP) or by the authenticated interfaces those providers offer, including OAuth-authorised application programming interfaces. Where you connect a mailbox by OAuth rather than by mailbox credentials, Section 11A also applies to that connection.
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.
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.
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.
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.
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.
Read this before you connect anything. Connecting a third-party account changes how your data is handled. Statements elsewhere about Australian data residency and about the limited data we share do not apply to content retrieved through a Connector. Section 11A.5 explains what happens instead.
The Service allows you to link third-party accounts, workspaces, repositories, and data stores to your Oppermind account so that the Service and its AI features can retrieve information from them and, where the relevant feature supports it, take actions within them. Each such linked account is a "Connected Account", and the feature that links it is a "Connector".
Section 11A applies to every Connected Account, however it is linked. This includes, without limitation:
A Connector we list in the catalogue is not endorsed, certified, or operated by us. Your relationship with the provider of the connected service remains between you and that provider.
By linking a Connected Account, you expressly authorise and instruct Oppermind, as your agent for this limited purpose, to access that account and to act within it on your behalf, using the credential you have granted, in order to provide the features you use. That authorisation extends to:
This authorisation is limited to the purposes described in these Terms, is granted by you and not by the provider of the connected service, and is revocable by you at any time by disconnecting the Connected Account (see Section 11A.9). It confers no authority on Oppermind beyond the scope of the permissions you granted, and no authority for any purpose other than providing the Service to you.
Each time you link a Connected Account, and for as long as it remains linked, you represent and warrant that:
This warranty is given separately for each Connected Account at the time it is linked. It is not satisfied by any warranty you gave when you created your Oppermind account. If any of it ceases to be true, you must disconnect that Connected Account immediately.
You remain solely responsible for ensuring that linking and using a Connected Account complies with the terms of service, acceptable use policies, developer terms, and rate limits of the connected service. Some providers restrict automated or third-party access, or require an administrator's approval before a workspace may be linked. Where a provider suspends, restricts, revokes, or terminates access — to your account or to Oppermind's integration generally — the affected Connector may stop working without notice, and Section 12.2 applies.
Connectors change the data position, and you should assume they do. Where the Service is described as processing only your prompt and conversation context, that description applies to your ordinary use of the Service. It does not apply to content retrieved from a Connected Account. This is true of every Connector — those listed in our catalogue and those you configure yourself.
When a Connector is active, the Service may retrieve content from the Connected Account and include it in the material processed by Lato to answer your request. In practical terms, and so that you can make an informed decision before linking anything:
If the data in a particular account must not be processed outside Australia, or must not be processed by an artificial-intelligence system — for example because it is subject to legal professional privilege, a health records regime, a government classification, or a confidentiality undertaking you have given — do not link that account. Our Privacy Policy describes this handling in further detail.
Where a Connector allows the Service to take actions rather than only read, those actions are performed by AI systems interpreting your instructions, and they take effect in a system that is not ours and that we cannot reverse. You acknowledge and agree that:
By enabling a Connector that can take actions, you expressly assume the risks described in this Section.
Connected Accounts routinely contain personal information about people other than you — colleagues, correspondents, clients, customers, and counterparties — who are not parties to these Terms. Where you link such an account, you are responsible for having the authority to do so under Section 11A.3, and for meeting any notice, consent, or other obligation you owe those people under privacy or confidentiality law. You should not link an account containing other people's sensitive information unless you are satisfied that you are entitled to.
Connectors are provided on an "as available" basis. We may add, change, limit, suspend, or withdraw any Connector at any time, including where a provider changes or withdraws its interface. Some Connectors may be offered as preview or beta features, in which case they may be incomplete, may not perform all advertised operations, and may be withdrawn without notice. Where a Connector is marked as a preview or beta feature, it is provided for evaluation only and you should not rely on it. Nothing in this Section limits your rights under Section 14.
You may disconnect a Connected Account at any time from within the Service. Disconnecting removes the credential we hold and stops the Service using that account.
Disconnecting in Oppermind does not, by itself, revoke the authorisation you granted at every provider. Some providers do not offer a means for us to revoke an authorisation on your behalf. For those providers, the authorisation remains recorded in your account with that provider until you revoke it there, in that provider's own security, application, or connected-apps settings. If you want access fully withdrawn, disconnect in Oppermind and revoke in the provider's settings. Content already retrieved before disconnection may be retained as described in Section 11A.5 and in our Privacy Policy.
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.
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.
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.
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.
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.
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.
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).
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.
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.
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.
If Oppermind fails to comply with a consumer guarantee under Australian Consumer Law:
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.
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.
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:
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.
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.
We may suspend or terminate your account, with or without notice, if:
For serious violations (including illegal activity, generation of harmful content, or security threats), we may terminate your account immediately without notice.
Upon termination:
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.
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.
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.
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.
If informal resolution is unsuccessful, you may escalate your complaint through the following process:
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Nothing in these Terms creates or implies any partnership, joint venture, franchise, or employment relationship between you and Oppermind. Except for the limited, revocable authorisations you expressly grant under Section 11 (Email Integration) and Section 11A (Connected Accounts & Connectors) — under which you appoint Oppermind as your agent for the sole purpose of accessing and acting within your connected accounts on your behalf — no agency relationship arises, and neither party has the authority to bind the other or incur obligations on the other's behalf.
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.
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.
If you are located in the EU, EEA, or UK, the following additional provisions apply:
If you are located in the United States, the following additional provisions apply:
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.
If you have any questions about these Terms, please contact us:
For privacy-related inquiries, please refer to our Privacy Policy or contact us at enquiry@oppermind.com.