Adaptive Defence — Terms of Service & End User License Agreement

These Terms of Service and End User License Agreement (together, the "Agreement") govern your access to and use of Adaptive Defence, a Windows endpoint-protection product owned and operated by Oppermind Pty Ltd (ABN 89 689 605 918) ("Oppermind", "we", "us", or "our"), an Australian proprietary company having its registered office in Western Australia, Australia.

By installing, copying, accessing, registering for, or using Adaptive Defence, or by clicking "I accept" during installation, you ("you", "your", "User", "Subscriber", or "Licensee") agree to be bound by this Agreement. If you do not agree, you must not install or use Adaptive Defence and must uninstall any copy in your possession.

This Agreement is in addition to, and not in substitution for, the Oppermind Terms of Service available at https://oppermind.com/terms (the "Oppermind Master Terms") and the Oppermind Privacy Policy at https://oppermind.com/privacy. To the extent any AI-related processing is performed by Oppermind's AI services, the Oppermind Master Terms apply concurrently. In the event of inconsistency in respect of Adaptive Defence specifically, this Agreement prevails; in respect of Oppermind AI services generally, the Oppermind Master Terms prevail.

1. Definitions

1.1 "Adaptive Defence" or the "Software" means the Windows endpoint-protection client software (including any installer, drivers, services, kernel-mode or user-mode components, signatures, models, and update packages) made available by Oppermind under the brand "Adaptive Defence", together with any associated documentation.

1.2 "Services" means the cloud-hosted backend, telemetry processing, threat-intelligence updates, AI triage, web portal, account management, and other services Oppermind makes available to support Adaptive Defence.

1.3 "AI Services" means Oppermind's hosted AI infrastructure, including but not limited to "Lato 1" and the Oppermind AI Gateway, used to triage threats and assist detection.

1.4 "Subscription" means a paid right of access to the Software and Services for a defined billing period (monthly or annual), including any free trial period.

1.5 "Seat" means a single, identified installation of the Software on a single Windows device licensed to a single Subscriber account, unless a multi-seat plan has been expressly purchased.

1.6 "Telemetry" means data the Software transmits to the Services, including but not limited to file hashes, file paths and names, process metadata, parent/child process relationships, command-line arguments (sanitised where feasible), loaded module data, network connection metadata, registry events, behavioural events, threat indicators, scan results, system identifiers, device fingerprints, performance metrics, and crash reports.

1.7 "User Data" means data you submit to or generate within the Services, including account data, configuration, exclusions, and feedback.

1.8 "Australian Consumer Law" or "ACL" means Schedule 2 of the Competition and Consumer Act 2010 (Cth).

2. Eligibility and Acceptance

2.1 You must be at least 18 years of age and legally capable of forming a binding contract. Adaptive Defence is not offered to minors.

2.2 If you accept on behalf of an organisation, you warrant you have authority to bind it, in which case "you" includes that organisation.

2.3 By accepting, you confirm you are not located in, ordinarily resident in, or a national of any country subject to a comprehensive trade embargo by Australia, the United Nations Security Council, the United States, the United Kingdom, or the European Union, and that you are not on any restricted-party list maintained by such authorities.

3. Licence Grant

3.1 Subject to your continuous compliance with this Agreement and your payment of all applicable fees, Oppermind grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to install and use the Software on a single Windows device per Seat for which you hold an active Subscription, solely for personal or internal business purposes.

3.2 The licence is personal to the registered Subscriber. It may not be assigned, sub-licensed, leased, rented, lent, hosted, time-shared, or otherwise transferred. Sharing of account credentials between persons or devices is not permitted and may result in immediate termination.

3.3 Multi-seat plans, where offered and expressly purchased, permit installation on the corresponding number of Windows devices, each registered to the same controlling account.

3.4 All rights not expressly granted in this Agreement are reserved by Oppermind. No title or ownership of the Software passes to you.

4. Subscriptions, Fees, Trial and Renewal

4.1 Pricing. As at the Effective Date, Adaptive Defence is offered at AU$9.99 per month or AU$83.93 per year (each, including GST where applicable), with a 14-day free trial. Pricing may be updated in accordance with Section 17.

4.2 Free Trial. The 14-day free trial begins on activation. You may be required to provide a valid payment method to start the trial. If you do not cancel before the trial ends, your Subscription automatically converts to a paid Subscription and your payment method will be charged.

4.3 Automatic Renewal. All paid Subscriptions automatically renew at the end of each billing period for a further period of equal length, charged to your payment method, until cancelled. By accepting this Agreement you authorise such recurring charges via Stripe, Inc. ("Stripe"). You may cancel renewal at any time through your account portal or by emailing legal@adaptivedefence.com.

4.4 Pre-Renewal Notice. Where required by applicable law, Oppermind will provide reasonable advance notice of upcoming renewals or price changes via the email address associated with your account.

4.5 Immediate Cessation on Cancellation or Non-Payment. You acknowledge and accept that, on cancellation by you, on non-payment, on chargeback, or on lapse of your Subscription for any reason, the Software will cease to provide protection effective immediately. Real-time scanning, telemetry analysis, threat blocking, signature updates, AI triage, and remediation will be disabled, and the Software may revert to a passive state or prompt for renewal. For consumers, the Software will continue to provide local signature-based scanning for a 72-hour technical grace window after cancellation or non-payment to allow time to install alternative protection. Cloud, AI triage, and signature updates cease immediately.

4.6 Acknowledgment of Risk in Cessation. You acknowledge that the immediate cessation of protection is a deliberate design choice reflecting the security model of Adaptive Defence, has been clearly disclosed prior to purchase, and you accept that you bear sole responsibility for arranging alternative protection from the moment your Subscription ends. Oppermind is not liable for any threat that materialises after cessation.

4.7 Refunds. Except as required by ACL or other applicable mandatory law, fees are non-refundable. For Australian consumers, refunds will be provided in accordance with Section 14. Pro-rata refunds within a paid period are at Oppermind's discretion.

4.8 Taxes. Fees are inclusive of Australian GST where applicable. You are responsible for any other taxes, duties, or levies imposed by your jurisdiction.

4.9 Failed Payments. If a payment fails, Oppermind or Stripe may retry the charge in accordance with industry standard dunning practice. If payment cannot be collected, Section 4.5 applies.

5. Auto-Update Consent

5.1 By installing the Software you expressly authorise Oppermind to deliver and apply automatic updates, upgrades, patches, signature updates, model updates, configuration changes, kernel-driver replacements, and component additions or removals, at any time; for material changes that materially reduce functionality or change data flows, Oppermind will give in-product notice prior to applying the update where reasonably practicable, except for emergency security updates, where Oppermind reasonably considers it necessary or desirable to maintain protection, security, compliance, or performance.

5.2 Updates may be required for the Software to continue functioning. Refusing or blocking updates may render the Software inoperable, insecure, or ineligible for support, and may result in Subscription suspension.

5.3 Updates are part of the Software and are subject to the licence granted in Section 3.

6. AI Services and Telemetry

6.1 Use of AI Services. Adaptive Defence uses Oppermind's AI Services (including Lato 1 via the Oppermind AI Gateway) to triage suspicious files, processes, and behaviours. To do so, Telemetry, derived prompts, and contextual data are transmitted to and processed by the AI Services.

6.2 Application of Oppermind Master Terms. Use of the AI Services is governed by the Oppermind Master Terms and the Oppermind Privacy Policy in addition to this Agreement. By using Adaptive Defence you agree to be bound by those Oppermind documents in respect of any AI processing.

6.3 AI Output is Not Guaranteed. AI Services may generate incorrect, incomplete, biased, or hallucinated outputs. Verdicts produced by AI triage may be wrong (false positive or false negative). The Software may act on such verdicts autonomously. You acknowledge this risk and agree it is an inherent and known characteristic of AI-assisted security software.

6.4 Telemetry Licence. You grant Oppermind a worldwide, royalty-free licence to collect, process, store, transmit, analyse, aggregate, de-identify, and use Telemetry to: (a) provide and operate the Software and Services; (b) detect, investigate, and respond to threats; (c) train, evaluate, and improve detection models, heuristics, and AI Services using only de-identified, aggregated, or hash-form Telemetry from which the user and the user's content cannot reasonably be re-identified; (d) generate threat intelligence; and (e) comply with law. This licence survives termination to the extent necessary for Oppermind to retain and use de-identified or aggregated Telemetry already collected. Oppermind will not sell, license, or transfer raw Telemetry to any third party other than sub-processors acting on Oppermind's documented instructions.

6.5 Limit on Content of AI Prompts. Oppermind designs prompts to the AI Services to minimise inclusion of personally identifiable information. You should not store sensitive content (passwords, secrets, regulated personal data) in scanned files in plain form on the assumption that file content will not be read; in some triage flows, file content or fragments may be processed by AI Services.

7. Security-Software-Specific Risk Allocation

7.1 Autonomous Decision-Making. You acknowledge that Adaptive Defence:

(a) makes autonomous decisions in real time, based on heuristics, signatures, behavioural rules, and machine-learning models, to quarantine, block, terminate, isolate, encrypt, modify, or delete files; terminate or suspend processes; sever network connections; modify the Windows registry, services, or scheduled tasks; load and unload kernel-mode drivers; and otherwise alter system state;

(b) may produce false positives (treating safe items as malicious) and false negatives (failing to detect actual malicious items); and

(c) may interfere with legitimate software, system updates, drivers, development tooling, or organisationally-managed configurations.

7.2 Backup Obligation. You are solely responsible for maintaining current, complete, tested, and independent backups of all data on any system on which the Software is installed. You must take a verified backup before installing or materially upgrading the Software. Oppermind disclaims responsibility for any data not so backed up.

7.3 Disclaimer of Specific Losses. Subject always to Section 8.3 and the Australian Consumer Law, and without limiting the consumer guarantees that apply to consumers under the ACL, to the maximum extent permitted by law and subject to Section 14, Oppermind disclaims all liability for any of the following arising from or in connection with the Software, the Services, or any action or inaction of the Software:

(a) loss, deletion, encryption, quarantine, modification, or corruption of files (whether or not those files were in fact malicious); (b) data loss generally, including loss of databases, archives, mailboxes, virtual machines, and backups; (c) business interruption, downtime, lost productivity, lost revenue, or lost profits; (d) failure to detect, prevent, or remediate any actual threat (false negatives), including ransomware, data exfiltration, supply-chain attacks, zero-day exploits, or insider threats; (e) interference with, breakage of, or incompatibility with legitimate first-party or third-party software, drivers, services, or appliances; (f) kernel-level conflicts, blue-screen errors (BSODs), boot failures, recovery-environment issues, or loss of access to the operating system; (g) reputational harm, loss of goodwill, or harm to professional standing; (h) damage to third-party systems or data caused or contributed to by the Software running on a device under your control; and (i) any consequential, indirect, incidental, special, exemplary, or punitive damages of any kind.

7.4 Third-Party System Indemnity. You agree to indemnify, defend, and hold harmless Oppermind and its directors, officers, employees, agents, contractors, and affiliates from and against any claim, demand, action, or proceeding brought by a third party (including, without limitation, your employer, an organisation managing the device, a client, a customer, or another user of the device) arising from or relating to the Software's operation on a device that you do not solely own or solely control, including any allegation that the Software interfered with that third party's data, systems, services, or contractual rights. You warrant you have all necessary authority to install the Software on any device on which you install it.

8. Limitation of Liability

8.1 Liability Cap. Subject to Sections 8.3 and 14, Oppermind's total aggregate liability to you under or in connection with this Agreement, the Software, or the Services, regardless of the form of action (including contract, tort, negligence, statute, or otherwise), is limited to the greater of: (a) the total fees you paid to Oppermind in respect of Adaptive Defence in the twelve (12) months preceding the event giving rise to the claim; or (b) two hundred Australian dollars (AU$200). For consumers under the ACL, this cap does not apply to (i) liability that cannot be excluded under the ACL, including liability for damage to your device caused by the Software's failure to be supplied with due care and skill, and (ii) liability for personal injury. In such cases liability is determined by the ACL.

8.2 Exclusion of Indirect Damages. Subject to Sections 8.3 and 14, Oppermind is not liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, however arising.

8.3 Mandatory Law Carve-Out. Nothing in this Agreement excludes, restricts, or modifies any guarantee, condition, warranty, right, or remedy you may have under the Australian Consumer Law, the Fair Trading Act 2010 (WA), or any other applicable law that cannot lawfully be excluded, restricted, or modified by agreement.

8.4 Allocation of Risk. You acknowledge the limitations and disclaimers in this Agreement reflect a fair allocation of risk in light of the price paid, the inherent uncertainty of cybersecurity products, and the autonomous nature of the Software, and form an essential basis on which Oppermind is willing to provide the Software.

9. Prohibited Conduct

You must not, and must not permit any person to:

(a) reverse-engineer, decompile, disassemble, derive source code from, or otherwise attempt to discover the internal structure or trade secrets of the Software, except to the limited extent that such activity is expressly permitted by mandatory law and cannot be excluded;

(b) modify, adapt, translate, port, create derivative works of, or remove or alter any proprietary notice from the Software;

(c) use the Software to develop, train, evaluate, or benchmark any competing endpoint-protection, EDR, XDR, anti-malware, or threat-intelligence product or service;

(d) use the Software to scan, monitor, analyse, or take action on any device, system, or network that you do not own or do not have explicit, lawful authority to protect;

(e) install or run the Software on any greater number of devices than the number of Seats for which you hold an active Subscription;

(f) use the Software to create, test, refine, evade, or distribute malware, ransomware, stalkerware, spyware, or any other malicious code, or to circumvent the security controls of any third party;

(g) use the AI Services for any unlawful purpose, or in any manner inconsistent with the Oppermind Master Terms or Acceptable Use Policy;

(h) export, re-export, transfer, or use the Software in violation of Australian, US, UK, EU, or other applicable export-control or sanctions laws;

(i) use the Software to surveil another person without their knowledge and lawful consent, including in any domestic, intimate-partner, or workplace context where such surveillance would be unlawful;

(j) circumvent licensing, activation, billing, or anti-tamper mechanisms;

(k) interfere with, overload, or attack the Services; or

(l) authorise, encourage, or assist any third party to do any of the above.

10. Intellectual Property

10.1 Oppermind IP. The Software, the Services, and all related materials, including signatures, models, code, design, documentation, branding, look-and-feel, and the Adaptive Defence and Oppermind names and logos, are owned by Oppermind or its licensors and protected by Australian and international intellectual property laws. No rights are granted other than the limited licence in Section 3.

10.2 User Data. You retain ownership of your User Data. You grant Oppermind the licence necessary to operate, maintain, secure, and improve the Software and Services in accordance with this Agreement and the Privacy Policy.

10.3 Feedback. If you submit suggestions, ideas, bug reports, or feedback, you grant Oppermind a perpetual, irrevocable, worldwide, royalty-free, sub-licensable licence to use them for any purpose, without obligation or compensation to you.

10.4 Confidentiality of Detection Logic. Detection rules, model parameters, threat-intelligence content, and architectural details of the Software constitute confidential information and trade secrets of Oppermind. You must not disclose, publish, or reverse-engineer them.

11. Privacy

Your use of the Software and Services is also subject to the Adaptive Defence Privacy Policy at https://www.adaptivedefence.com/privacy, which is incorporated by reference. The Privacy Policy explains what data we collect, how we use and share it, and your rights.

12. Suspension and Termination

12.1 Termination by You. You may cancel your Subscription at any time via the account portal at https://www.adaptivedefence.com or by emailing legal@adaptivedefence.com. Cancellation takes effect immediately and Section 4.5 applies.

12.2 Termination or Suspension by Oppermind. Oppermind may suspend or terminate your access, your Subscription, and this Agreement, with or without notice, if:

(a) you breach this Agreement (including non-payment) and the breach is not capable of remedy or, where capable of remedy, is not remedied within seven (7) days of written notice;

(b) Oppermind reasonably believes the Software is being used in violation of Section 9 or applicable law;

(c) continued provision would expose Oppermind to legal, regulatory, or security risk;

(d) required by law, regulator, or court order; or

(e) Oppermind ceases to offer Adaptive Defence (in which case a pro-rata refund of pre-paid unused fees will be provided).

12.3 Effect of Termination. On termination: (i) the licence in Section 3 ends; (ii) you must uninstall the Software; (iii) Sections 1, 4.5–4.9, 6.4, 7, 8, 9, 10, 11, 13, 14, 15, 16, 17 and 18 survive; (iv) the Software will cease to provide protection; and (v) data is handled per the Privacy Policy.

13. Australian Consumer Law and Statutory Rights

13.1 If you are a "consumer" under the ACL, our supply of the Software and Services comes with guarantees that cannot be excluded. These include guarantees as to acceptable quality, fitness for any disclosed purpose, and supply with due care and skill.

13.2 For a major failure to comply with a consumer guarantee, you are entitled to a refund or replacement and to compensation for any reasonably foreseeable loss or damage. For other failures, you are entitled to have the failure rectified within a reasonable time; if this is not done, you are entitled to a refund and may also be entitled to compensation.

13.3 Where the Software or Services are not supplied to you as a "consumer", and to the extent permitted by law, Oppermind's liability for breach of any non-excludable guarantee is limited, at Oppermind's option, to: (a) re-supply of the Services or replacement of the Software; or (b) the cost of having the Services re-supplied or the Software replaced.

13.4 Nothing in this Agreement excludes or limits the application of the unfair contract terms provisions of the ACL. If any provision is found to be an unfair contract term, it is severable and the remainder of this Agreement continues in force.

14. Disclaimers

14.1 To the maximum extent permitted by law and subject to Section 13, the Software and Services are provided "as is" and "as available", without warranty of any kind, express or implied, including merchantability, fitness for a particular purpose, non-infringement, accuracy, completeness, or that the Software will detect or remediate any particular threat.

14.2 No security product can guarantee complete protection. The threat landscape changes continuously, attackers actively evade detection, and operating systems and third-party software introduce vulnerabilities outside Oppermind's control.

15. Dispute Resolution

15.1 Governing Law. This Agreement is governed by the laws in force in Western Australia and the Commonwealth of Australia, without regard to conflict-of-laws rules.

15.2 Stepped Resolution. The parties will use the following process before formal proceedings:

(a) Notice and good-faith negotiation. The aggrieved party gives written notice describing the dispute. The parties will negotiate in good faith for thirty (30) days.

(b) Mediation/Arbitration. If unresolved, the dispute is referred to confidential arbitration administered under the Australian Centre for International Commercial Arbitration ("ACICA") Expedited Rules, seat Perth, Western Australia, language English, single arbitrator.

(c) Court. Either party may apply at any time for urgent injunctive relief in the Supreme Court of Western Australia, and may commence court proceedings in that Court if Sections 15.2(a) and 15.2(b) have been exhausted or are unavailable.

15.3 Jurisdiction. Subject to Section 15.4, the parties submit to the exclusive jurisdiction of the courts of Western Australia and the Federal Court of Australia (Perth registry).

15.4 International Consumers. Where mandatory consumer-protection law of your country of residence grants you rights to bring proceedings in that country or applies its law to a non-excludable extent, this Agreement does not limit those rights. EU and UK consumers retain the right to bring proceedings in the courts of their habitual residence and to rely on the mandatory consumer-protection law of that country. This Agreement does not derogate from those rights.

15.5 Class-Action Waiver. To the maximum extent permitted by law, disputes will be resolved on an individual basis, not as part of any class, consolidated, or representative proceeding. If a court holds this waiver unenforceable in your jurisdiction, the unenforceable portion is severable. This waiver does not apply to representative proceedings brought under Part IVA of the Federal Court of Australia Act 1976 (Cth) or to consumer claims under the Australian Consumer Law.

15.6 Limitation Period. To the maximum extent permitted, any claim must be commenced within one (1) year of the date the cause of action accrued, except where mandatory law provides otherwise.

16. General

16.1 Entire Agreement. This Agreement, together with the Privacy Policy and the Oppermind Master Terms (in respect of AI Services), constitutes the entire agreement between the parties on the subject matter and supersedes all prior representations and understandings.

16.2 Severability. If any provision is held invalid or unenforceable, the remainder continues in force and the invalid provision is to be read down to the minimum extent necessary.

16.3 No Waiver. Failure to enforce a provision is not a waiver of it. Waivers must be in writing and signed by an authorised representative of Oppermind.

16.4 Assignment. You may not assign this Agreement without Oppermind's prior written consent. Oppermind may assign this Agreement, in whole or in part, to an affiliate or in connection with a merger, acquisition, financing, or sale of assets, on written notice.

16.5 Force Majeure. Neither party is liable for delay or failure to perform caused by circumstances beyond its reasonable control, including natural disaster, war, terrorism, pandemic, government action, sanctions, infrastructure failure, third-party outage, internet or power outage, or large-scale cyber-attack. This clause does not excuse payment obligations.

16.6 Electronic Communications and Signatures. You agree to transact electronically. Clicking "I accept", checking an acceptance box, or installing the Software constitutes a valid signature under the Electronic Transactions Act 1999 (Cth) and the Electronic Transactions Act 2011 (WA).

16.7 Notices. Notices to you may be given via the email associated with your account or via in-product notice. Notices to Oppermind must be sent to legal@adaptivedefence.com (with a copy to enquiry@oppermind.com).

16.8 Independent Contractors. Nothing in this Agreement creates a partnership, agency, joint venture, or employment relationship.

17. Changes to this Agreement

Oppermind may update this Agreement from time to time. Where changes are material, Oppermind will give at least thirty (30) days' notice via the email associated with your account or via in-product notice. For material changes adverse to you, your continued use after the effective date constitutes acceptance only where you have been given the 30-day notice and an in-product opportunity to review and accept or cancel. If you cancel before the effective date, Section 4.5 applies and a pro-rata refund will be issued for the unused paid period.

18. Contact

Adaptive Defence is a product of Oppermind Pty Ltd.

• Legal: legal@adaptivedefence.com
• Privacy: privacy@adaptivedefence.com
• General: enquiry@oppermind.com
• Office: Western Australia, Australia