Terms of Service

These Terms form a contract between you and VivoVac Pty Ltd (ACN 652 414 376), trading as Opal Black (“Opal Black”, “we”, “us”). They govern opalblack.ai, the Opal Black workspace, James, AI agent packs, subscriptions, Work Audits, build services and related services (together, the “Services”). By creating an account, using the Services or placing an order, you accept these Terms. If you act for a business, you confirm that you have authority to bind it.

Opal Black is a supervised AI workspace for organising business facts, drafting communications, preparing quotes and documents, and coordinating work through connected services. We also provide configuration and consulting services, including mapping repeated work, setting up agents and writing operating guardrails.

Features described as planned, research, early access or coming soon are statements of current intent. They are not included in a purchase unless the order or checkout expressly says otherwise.

AI output may be inaccurate, incomplete or out of date. You must review it before relying on it. James and installed agents are designed to draft work and wait for approval before sending messages, creating events, issuing invoices or taking other external action. You agree not to bypass approval steps or use output as a substitute for qualified legal, financial, medical, tax, engineering or investment advice.

You are responsible for your prompts, the information you provide, checking output for accuracy and deciding how it is used. You must have the rights and permissions needed for all content and systems you connect.

You must be at least 18, provide accurate account information and protect your sign-in details. You are responsible for activity under your account. Optional connections use the account you authorise and remain subject to that provider’s terms, availability, approval processes and charges. You can disconnect a service at any time. We do not control or guarantee third-party services.

You must not use the Services, or help anyone else use them, to:

• break the law, commit fraud, send spam, harass or harm anyone;
• create illegal content, deceptive deepfakes, hate speech, malware or instructions for wrongdoing;
• infringe intellectual property, privacy, confidentiality or other rights;
• probe security, introduce malicious code, scrape the Services or bypass safeguards and usage limits;
• gain unauthorised access to an account, system or data;
• reverse engineer, copy, resell or sublicense the Services except where law permits or we agree in writing.

We may refuse or filter output, remove content, or suspend access where reasonably necessary to address a serious or repeated breach, non-payment, fraud, security risk or legal requirement.

You keep ownership of the information, files and other material you provide. You give us a limited licence to process that material only as needed to provide, secure and support the Services as explained in our Privacy Policy. You keep written guardrails, work maps and documents prepared specifically for you. We and our licensors own the Opal Black software, platform, methods, templates, branding and underlying intellectual property.

Each party must protect the other party’s confidential information and use it only to provide or receive the Services. Rights holders can report suspected infringement to hello@opalblack.ai. We may remove infringing material and suspend repeat infringers.

Prices, inclusions, billing frequency and taxes are shown before purchase. Unless stated otherwise, prices on opalblack.ai are in Australian dollars and include GST where required. Subscriptions renew automatically for the period shown at checkout until cancelled. If you cancel, access continues until the end of the period already paid for. Plan changes and any pro-rated charge are shown before you confirm them.

Our online checkout is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all orders placed through our online checkout. Paddle provides all customer service inquiries and handles returns for those orders. Consulting services, such as the Work Audit and build sessions, are invoiced directly by VivoVac Pty Ltd in Australian dollars, including GST. Payment, billing, tax, cancellation and refund mechanics are governed by Paddle’s Buyer Terms. Our Refund Policy also forms part of these Terms.

We aim to provide a reliable service, but do not promise uninterrupted or error-free operation. We may update, add or remove features to improve security, comply with law or develop the product. Where practical, we will give reasonable notice of a material change that reduces a paid service. We do not guarantee a particular financial return, number of hours saved or business result.

You may stop using the Services and close your account at any time. We may restrict, suspend or terminate access for a material breach, non-payment, suspected fraud, a serious security risk, or repeated or serious policy violations. Where appropriate, we will give notice and a reasonable opportunity to remedy the issue. Account closure and retention are handled as described in our Privacy Policy.

Nothing in these Terms excludes, restricts or modifies rights or guarantees that cannot lawfully be excluded, including rights under the Australian Consumer Law. Subject to those rights and to the extent permitted by law, the Services are provided “as is” and “as available”.

Where liability may lawfully be limited, our liability for failure to comply with a service guarantee is limited, at our option, to supplying the service again or paying the cost of having it supplied again. We are not liable for indirect or consequential loss, including lost profit, revenue, data or goodwill. Our total liability arising from the Services is limited to the greater of the amount you paid for the Services in the 12 months before the claim and AUD 100. These limits do not apply to fraud, death or personal injury, or where law does not allow them.

If you use the Services for a business, you agree to compensate us for third-party claims caused by your unlawful use, your breach of these Terms, or content you provide without the necessary rights, except to the extent the loss was caused by us.

If you link an outside service (for example Google Calendar, Google Drive or Gmail), James can read what that service allows and prepare drafts. Nothing is sent, booked or changed in that service until you approve it.

We store the access token for the link, encrypted, and any fetched content used in your drafts. We do not sell this data and we do not use it to train AI models.

You can disconnect any service in Settings → Connectors. Disconnecting removes our access straight away; you can ask us to delete stored content at any time.

Our use of information received from Google APIs follows the Google API Services User Data Policy, including the Limited Use requirements. Microsoft services, when offered, follow Microsoft's API terms.

We may update these Terms. We will publish the new effective date here and notify account holders of material changes by email or in the workspace. Continued use after the change takes effect means the updated Terms apply.

These Terms are governed by the laws of New South Wales, Australia. The courts of New South Wales have non-exclusive jurisdiction. Please contact us first so we can try to resolve a concern informally.

VivoVac Pty Ltd, trading as Opal Black
14/117 Old Pittwater Road, Brookvale, New South Wales, Australia
hello@opalblack.ai