Scope

These terms apply to all OPTEQ products and services, including web applications, APIs, and AI-enabled features. If your organisation has a separate written agreement with OPTEQ, that agreement will govern to the extent of any conflict.

Account responsibilities

You are responsible for maintaining the confidentiality of your account, user access, and use of the service in accordance with these terms.

You must keep organisation details, billing contacts, user permissions, configuration settings, and any course or offer information you publish through OPTEQ accurate and up to date.

Acceptable use and restrictions

You must not misuse the service, attempt to access other users’ data, circumvent security controls, introduce malware, or use the platform in a way that violates applicable laws or regulations.

You must not scrape the Services, share credentials outside authorised users, probe for vulnerabilities without written permission, or use OPTEQ to send unlawful, deceptive, or unsolicited communications.

SaaS access and subscriptions

We grant you a limited, non-transferable license to access the service. Plan limits and features depend on your subscription. Overages or upgrades may require contacting us.

Content partnership courses

OPTEQ may allow you to add a third-party provider course to your organisation for delivery through your LMS, SMS, or supported dispatch methods. These courses remain owned by the named provider and may be subject to additional provider restrictions or commercial terms.

Unless expressly stated otherwise, content partnership courses are provisioned as locked content. You may launch, assign, and administer delivery within supported workflows, but you may not edit, copy, resell, or represent the course as your own intellectual property.

Fees, billing, and taxes

Subscription fees are billed in advance unless otherwise stated. You are responsible for applicable taxes, duties, or government charges. Late payments may result in suspension of access.

Unless stated otherwise, fees are exclusive of GST and similar taxes. If OPTEQ changes pricing, we will provide advance notice before the revised pricing takes effect. Continued use after the notice period constitutes acceptance of the updated pricing.

AI-generated outputs

AI outputs are provided to assist your work. You are responsible for reviewing and validating outputs before use, especially for compliance or regulatory decisions.

To deliver AI features, OPTEQ may use external model infrastructure providers. Processing may occur outside Australia, subject to contractual confidentiality, security, and retention/deletion controls. Enterprise plans may include in-house or customer-controlled processing arrangements where available.

Feedback

If you provide feedback, suggestions, or ideas, you grant OPTEQ a royalty-free, worldwide license to use them to improve the Services.

Acceptable use

Do not misuse the service, attempt to access other users’ data, reverse engineer the platform, or disrupt operations or security controls.

Your content and data

You retain ownership of your content. You grant us permission to host, process, and display it to provide the service and support. You are responsible for ensuring you have the rights to upload content.

You represent and warrant that content, course information, learner communications, and other materials you submit through the Services are accurate, lawful, non-misleading, and do not infringe the rights of any third party. If you operate in a regulated education context, you are responsible for maintaining any required accreditations, approvals, licences, and disclosures.

Acceptance records

OPTEQ may record when a user accepts these Terms and the Privacy Policy in connection with account creation, learner consent, or administrative actions such as adding a partnership course to an organisation. These records may be used for compliance, audit, and support purposes.

Learner consent and profile aggregation

When creating a learner account, you must accept the Privacy Policy and these Terms. If you consent to learner profile features, OPTEQ may aggregate your learning activity across participating providers and offerings in order to maintain a unified learner record and improve training quality.

Third-party services

The Services may integrate with third-party platforms. OPTEQ is not responsible for third‑party services and you should review their terms and policies.

Learner data disclosure limits

OPTEQ will not sell or disclose learner personal data to third parties for their own marketing or commercial use. Any third-party processing is limited to service delivery under contract, legal compliance, or your explicit consent, as described in the Privacy Policy.

Confidentiality

Each party will protect the other’s confidential information and use it only to provide or receive the service.

Intellectual property

OPTEQ retains all rights in the Services, including software, designs, and documentation. No rights are granted except as expressly stated.

Changes and availability

We may update these terms and the service as the platform evolves. Significant changes will be communicated. We aim for high availability but do not guarantee uninterrupted service.

Disclaimers

The Services are provided “as is” and “as available.” To the extent permitted by law, OPTEQ disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, and non‑infringement.

Limitation of liability

To the extent permitted by law, OPTEQ will not be liable for indirect, incidental, or consequential damages, or loss of profits, revenue, or data. Our total liability is limited to the fees paid for the Services during the 12 months preceding the claim.

Termination

You can stop using the service at any time. We may suspend or terminate access for violations or security risks. Data retention and deletion follow our Privacy Policy.

Either party may terminate for material breach if the breach is not remedied within 14 days after written notice, or immediately where the other party becomes insolvent or its conduct creates a serious legal, security, or safety risk.

Dispute resolution

Before starting formal proceedings, the parties will attempt to resolve disputes through good-faith negotiations. If a dispute remains unresolved after reasonable notice, either party may refer it to mediation in Australia before commencing court proceedings, except where urgent injunctive relief is required.

Governing law (Australia)

These terms are governed by the laws of the Commonwealth of Australia and the laws of the State or Territory in which OPTEQ is headquartered, without regard to conflict of law principles.

General legal terms

These terms, together with any order forms, service descriptions, and policies expressly incorporated by reference, form the entire agreement between you and OPTEQ about the Services and supersede prior discussions relating to the same subject matter.

If any provision is unenforceable, the remaining provisions continue in effect. A failure to enforce a provision is not a waiver. You may not assign these terms without OPTEQ’s prior written consent, and notices under these terms must be given in writing to the relevant contact address or email last notified by the parties.

Questions? Contact us.