Legal disclaimerLegal disclaimerLegal disclaimerLegal disclaimer

Last updated: 10 September 2026

This page applies to this website and to all related sites, pages, decks, posts, videos, emails, pitch materials and other communications issued by or on behalf of the companies named below.

Who this covers

This disclaimer is given by, and is for the protection of:

• VivoVac Pty Ltd (an Australian proprietary company);
• HydroGien Pty Ltd (an Australian proprietary company);
• each related body corporate, affiliate, licensee and brand vehicle from time to time (together, the Group); and
• each current and former director, officer, employee, contractor, consultant, adviser and agent of any Group entity (together, Personnel).

References to “we”, “us” and “our” mean the Group and, where the context requires, Personnel.

Nothing on this website creates a partnership, agency, joint venture or fiduciary relationship between you and any Group entity or any member of Personnel.

Nature of the information — conceptual only

Content on this website, including material about OPAL™, protonic computing, GALVANOXIDE™, AITHERIA™, PROTONGATE™, HydroGien systems, and any other platform, product, process or architecture, is conceptual, technical and educational.

Unless we expressly state otherwise in a signed contract:

• it describes ideas, architectures, hypotheses, development programmes and intended directions;
• it is not a specification, datasheet, product manual, performance guarantee, safety case, or offer to sell a finished commercial product;
• it is not independently validated benchmark data, third-party certified performance, or a representation that a device, process or system has been built, tested, scaled or deployed at the scale described;
• figures, comparisons and “reduction” statements (including as to chip cost, electricity, water, lead time, node cost or data-centre burden) are illustrative or target-oriented. They are not measured results of a commercial OPAL system and must not be treated as such;
• industry statistics about GPUs, fabs, data centres, power and water are drawn from third-party public sources and may be incomplete, outdated or wrong. We do not warrant them.

Labelling something “conceptual”, “vision” or “roadmap” does not make an otherwise unsupported claim lawful. We do not ask you to rely on this website as the sole basis for a purchase, investment, partnership, siting decision or engineering design.

No offer of securities or financial product

This website is not:

• a prospectus, product disclosure statement, information memorandum, offer document or advertisement for securities;
• an offer, invitation or recommendation to subscribe for or purchase shares, notes or any other financial product in any Group entity;
• financial product advice under the Corporations Act 2001 (Cth); or
• an offer of securities under the US Securities Act of 1933 or any state blue-sky law.

No Group entity holds an Australian Financial Services Licence by reason of this website. Nothing here is investment, tax, accounting or legal advice. If you are considering any transaction, obtain your own independent professional advice and conduct your own due diligence.

Forward-looking statements (Australia and United States)

This website contains forward-looking statements: statements about possible or assumed future performance, programmes, costs, timelines, markets, partnerships, regulatory paths, energy or water use, and technical outcomes.

Australia. Under the Corporations Act 2001 (Cth) (including ss 769C and 1041H) and the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth), including s 18), a statement about a future matter may be misleading if it is not based on reasonable grounds at the time it is made. A disclaimer does not fix a statement that lacked those grounds. Treat every technical and commercial projection on this site as uncertain.

United States. Forward-looking statements are made in the spirit of the Private Securities Litigation Reform Act safe-harbour framework (including Exchange Act s 21E), even though the Group is not a US Exchange Act reporting company. Actual results may differ materially. Factors that may cause difference include, without limitation: technical failure or delay; inability to reproduce laboratory or prototype results at scale; materials, supply-chain or manufacturing constraints; grid, water, planning and environmental approvals; export controls; patent outcomes; capital availability; competitor action; and changes in law.

We undertake no duty to update forward-looking statements except as required by law.

What we are not saying

Without a separate written contract that says otherwise, we are not representing that:

• OPAL or any protonic system is a drop-in replacement for NVIDIA, AMD or other silicon accelerators;
• any stated reduction in chip cost, power, water, capex or lead time has been measured on a deployed commercial system;
• a product is available for purchase, pre-order, or certified for use in a data centre, industrial plant, vehicle, medical device or defence system;
• any design is safe, complete, or ready for unsupervised operation;
• any patent has been granted, or that granted rights cover a particular claim scope in a particular country;
• any university, government, hyperscaler, miner or family office is a customer, partner or endorser, unless we name that relationship in a current, authorised statement.

Trademarks (including OPAL, GALVANOXIDE, AITHERIA, PROTONGATE, HydroGien, VivoVac and related marks) may be registered, pending or common-law only. Use of a ™ or ® mark is not a representation as to registration status in every jurisdiction.

No reliance by Personnel personally

All website content is published by the relevant Group company, not by any individual director or employee in a personal capacity.

To the maximum extent permitted by applicable law in Australia, the United States and any other relevant jurisdiction:

• no member of Personnel accepts personal legal responsibility to website visitors for the content of this site;
• you agree not to bring a claim against any member of Personnel in their personal capacity arising from this website; and
• any claim you may have lies only against the relevant Group company, subject to the limits below.

This does not exclude liability that cannot be excluded — including, where applicable, liability for fraud, fraudulent misrepresentation, or statutory guarantees that the law does not allow to be excluded.

Limitation of liability

The website is provided “as is” and “as available.”

To the maximum extent permitted by law:

• we exclude all implied warranties, including merchantability, fitness for a particular purpose, non-infringement and quiet enjoyment;
• we do not warrant that the site is accurate, complete, current, secure or uninterrupted;
• we are not liable for any indirect, incidental, special, consequential, exemplary or punitive loss, or for lost profit, lost data, lost opportunity or business interruption, whether in contract, tort (including negligence), statute or otherwise, even if advised of the possibility; and
• our aggregate liability to you in connection with this website is limited to AUD 100 (or the minimum amount the law requires, if higher).

Australian Consumer Law. If you are a consumer, certain guarantees cannot be excluded. Where those guarantees apply and a failure is not a major failure, our liability is limited, at our option, to resupply of the information or payment of the cost of resupply.

United States. Some states do not allow exclusion of incidental or consequential damages or implied warranties. In those states the above limits apply only to the extent permitted.

Nothing in this page excludes liability for death or personal injury caused by negligence where that exclusion is prohibited, or for fraud.

Regulatory and safety position

Content may refer to energy systems, electrochemical processes, computing substrates, coatings, hydrogen, motors or dual-use adjacent concepts.

• Nothing here is an environmental, planning, electrical, gas, radiation, workplace-safety or building approval.
• Nothing here is TGA, FDA, EPA, NRC, FAA, or equivalent authorisation.
• Nothing here is a safety case, SIL rating, or permission to construct or operate plant.
• Export-control, sanctions and defence-trade rules (including Australian DSGL and US EAR/ITAR where they apply) may restrict sharing of certain technical data. Do not treat website text as a licence to export.

Do not copy a conceptual architecture into hardware and assume it is safe.

Intellectual property

All copyright, design rights, database rights, trade secrets and other IP in this website remain with the Group or its licensors. You may view pages for personal information purposes only. You may not copy, scrape, train a model on, republish or commercialise site content without written consent, except for brief fair-dealing / fair-use quotation with attribution.

Patent documents, if linked or described, speak for themselves. A published application is not a granted patent. A granted patent is not a product.

Third-party content and links

Links to third-party sites, papers, price indices and news items are for convenience. We do not control them and are not responsible for their content or privacy practices. Mention of a company, chip, data centre or statistic is not an affiliation or endorsement.

Privacy and communications

Personal information is handled in line with the Privacy Act 1988 (Cth) and, where it applies, other regimes including the GDPR and US state privacy laws. See our Privacy Policy. Electronic marketing is subject to the Spam Act 2003 (Cth) and equivalent US rules. This disclaimer is not the privacy policy.

Governing law and disputes

This disclaimer, and any dispute arising from use of the website, is governed by the laws of New South Wales, Australia, without regard to conflict-of-law rules.

You submit to the exclusive jurisdiction of the courts of New South Wales and the Federal Court of Australia sitting in New South Wales, except that we may seek injunctive or IP relief in any jurisdiction.

If you access the site from the United States or elsewhere, you do so on your own initiative and are responsible for compliance with local law. Use of the site does not, by itself, constitute the Group carrying on business in any US state.

Severability and updates

If a court holds any part of this page unenforceable, the rest remains in force. We may update this page at any time by posting a new version. Continued use after a change is acceptance of the new version.

Contact

For legal notices relating to this website:

VivoVac Pty Ltd and HydroGien Pty Ltd

Registered office: as recorded with the Australian Securities and Investments Commission from time to time.

Formal legal notices should be sent to the registered office and, if we publish one, the email address nominated for legal notices.