Terms & Conditions

Last updated: May 26, 2026

These Customer Terms ("Terms") are the standard form of agreement on which Optuma Pty Ltd (ABN 41 628 890 095), Level 6, 200 Adelaide St, BRISBANE QLD 4000, AUSTRALIA ("Optuma", "we", "us", "our") supplies our products and services to you ("you", "your", "Customer"). By creating an account, starting a trial, placing an order, or otherwise using any of the Services, you agree to be bound by these Terms.

1. About these Terms

1.1 These Terms, together with any order form, quote, online checkout confirmation or written agreement we sign with you (each an "Order"), form the entire agreement between you and Optuma for the Services you purchase or use.

1.2 If there is any inconsistency, the following order of precedence applies (highest first): (a) a written agreement signed by both parties; (b) the Order; (c) these Terms; (d) our Privacy Policy and other published policies; and (e) any marketing materials.

1.3 We may update these Terms from time to time. The current version is always available at optuma.com/terms-and-conditions/. If we make a material change, we will give you reasonable notice (for example by email or a notice in the Services) before it takes effect. By continuing to use the Services after the change takes effect, you agree to the updated Terms.

1.4 Your rights and obligations under these Terms are personal to you. You may not assign or transfer them without our prior written consent. We may assign these Terms in connection with a corporate reorganisation or sale of all or part of our business.

2. Definitions

• "Authorised User" means a single, named individual whom you authorise to access and use the Services under your account.
• "Content" means data, charts, scripts, indicators, scans, alerts, models, strategies, backtests, portfolios, reports and other materials you create, upload, generate or save using the Services.
• "Optuma" (when used as a product name) means our web-first analytical platform, including the Analysis, Models and Portfolio Management layers, delivered through a web browser.
• "Optuma Desktop" means our installable Windows and macOS application, including any trial version.
• "Order" has the meaning given in clause 1.1.
• "Services" means Optuma, Optuma Desktop, any associated data, support, training and documentation, and any other product or service we make available to you under these Terms.
• "Subscription Term" means the period during which you are entitled to access the relevant Services under an Order, as described in clause 6.
• "Third-Party Data" means market, fundamental, custodian, broker or other data supplied through the Services by third parties.

3. The Services

3.1 Optuma (web). We provide Optuma as a hosted, web-first platform accessed through a supported web browser. You are responsible for providing your own internet connection, browser and device.

3.2 Optuma Desktop. Optuma Desktop is installed and run on a device you control. An internet connection is required to authenticate, retrieve data, and deliver updates.

3.3 We will use reasonable efforts to make the Services available, but we do not guarantee that they will be uninterrupted, error-free, or available at any particular time. We may carry out scheduled and emergency maintenance from time to time.

3.4 We may add, modify or remove features of the Services as we develop them. We will not materially reduce the core functionality you have paid for during a current Subscription Term without your consent.

4. Licence — Optuma Desktop

4.1 Subject to your compliance with these Terms and payment of all applicable fees, we grant you a non-exclusive, non-transferable, revocable licence to install and use Optuma Desktop on a single computer, accessible by only one user at a time, for your own internal business or personal use.

4.2 You must not sell, loan, rent, transfer or sub-licence Optuma Desktop or your rights under this clause 4 without our prior written consent.

4.3 An Optuma Desktop trial, where offered, lasts for fourteen (14) days from activation. A pre-authorisation of USD $1 is taken against your card as a form of identity verification at sign-up. No further automatic charges are made when the trial ends unless you choose to purchase or subscribe.

5. Licence — Optuma (web)

5.1 Subject to your compliance with these Terms and payment of all applicable fees, we grant you a non-exclusive, non-transferable, revocable licence to access and use Optuma during the Subscription Term, for your own internal business use.

5.2 Optuma is licensed on a per Authorised User basis. Each user account is for a single, named individual. You must not share login credentials, allow more than one person to use the same account, or otherwise pool seats across multiple individuals. An Authorised User may sign in from more than one of their own devices, but only one concurrent active session per account.

5.3 You may add or remove Authorised Users on your account in accordance with the Order and any quantities or limits we make available. Additional Authorised Users may incur additional fees.

5.4 Access to Optuma is currently sales-led. You can request a demo or trial via optuma.com/request-access/. Where we offer a trial of Optuma, any specific trial terms (length, scope, billing arrangements) will be confirmed in writing.

6. Subscription term, renewal and cancellation

6.1 Optuma (web)

(a) Unless your Order says otherwise, each Optuma subscription has a minimum initial term of twelve (12) months starting on your initial invoice date.

(b) 30-day cooling-off period. You may cancel a new Optuma subscription for any reason within the first thirty (30) days of the initial Subscription Term by giving us written notice (see clause 6.4). If you do, we will refund any fees you have paid for that subscription, less any irrecoverable third-party charges we have already incurred on your behalf.

(c) After day 30, no early exit. After the 30-day cooling-off period, you are committed to the remainder of the 12-month initial Subscription Term. We will not provide refunds, credits or pro-rata adjustments for early cancellation, account downgrades or unused access during that period, except where required by law (including the Australian Consumer Law).

(d) Automatic renewal. At the end of the initial Subscription Term, your subscription will automatically renew for successive twelve (12) month terms at the then-current price, unless either party gives written notice of non-renewal at least thirty (30) days before the start of the next renewal term.

6.2 Optuma Desktop

(a) Optuma Desktop is supplied either on a payment plan or as a higher-upfront-fee perpetual licence. Where you purchase under a payment plan, the minimum term will be set out in your contract or Order.

(b) 30-day money-back guarantee. If you are not satisfied with Optuma Desktop, you may request a refund within the first thirty (30) days after your initial invoice and we will refund the fees you have paid, less any irrecoverable third-party charges.

(c) Early cancellation fee. If you cancel an Optuma Desktop subscription that has been active for less than six (6) months, an additional cancellation fee of USD $195 is payable.

(d) Annual Optuma Desktop subscriptions automatically renew unless cancelled before the renewal date.

6.3 Cooling-off period for cold-calling and door-to-door sales

Optuma does not use cold-calling or door-to-door sales techniques. No statutory cold-calling cooling-off period applies, in addition to the contractual arrangements set out above.

6.4 How to cancel

You can cancel a subscription by giving us written notice via our help desk at help.optuma.com or by emailing sales@optuma.com. Your cancellation takes effect on the date we acknowledge it. Where you are mid-way through a paid Subscription Term, you will retain access to the Services until the end of that term unless we agree otherwise.

7. Fees, taxes and payment

7.1 Unless we agree otherwise in writing, all fees are quoted and payable in US dollars and are exclusive of any GST, VAT, sales tax or other taxes, which you are responsible for in addition to the stated fees.

7.2 You authorise us (and our payment processors) to charge the payment method on your account for all fees due, including renewal fees, additional Authorised Users, additional data or modules, and the Optuma Desktop early-cancellation fee.

7.3 If a payment fails or is overdue, we may suspend or restrict your access to the Services on reasonable notice. Suspension does not relieve you of your obligation to pay outstanding fees.

7.4 We may change our prices for renewal terms. We will give you at least thirty (30) days notice before any price change takes effect.

8. Acceptable use

8.1 You agree that you and your Authorised Users will not:

• (a) use the Services for any unlawful purpose, or in breach of any applicable law or regulation;
• (b) resell, rent, sub-licence or otherwise commercially exploit the Services, the Content provided by us, or any education materials we make available to you;
• (c) reverse engineer, decompile or attempt to derive the source code of the Services, except to the extent expressly permitted by law;
• (d) scrape, bulk-download or republish Third-Party Data in a way that breaches the relevant data licence;
• (e) circumvent or interfere with any security, authentication, rate-limit, watermark or access-control feature of the Services;
• (f) upload or transmit malware, or use the Services to attack, probe or disrupt any system; or
• (g) allow anyone other than an Authorised User to use your account.

8.2 We may suspend or terminate access where we reasonably believe you are in material breach of this clause 8.

9. Your Content

9.1 As between you and us, you own your Content. You grant us a non-exclusive, worldwide, royalty-free licence to host, store, copy, transmit and process your Content to the extent necessary to provide, secure, support and improve the Services.

9.2 You are responsible for the accuracy, legality and appropriateness of your Content, and for ensuring you have the rights to upload it and to authorise any third-party data feeds you connect.

9.3 We may use aggregated and de-identified data derived from use of the Services for research, security and product-improvement purposes. Such aggregated data will not identify you, your Authorised Users or your customers.

10. Third-party data and integrations

10.1 The Services may include or connect to Third-Party Data and third-party services (including custodians, brokers and market-data providers). Your use of those is subject to the third party's own terms.

10.2 We do not warrant the accuracy, completeness, timeliness or availability of Third-Party Data. We are not responsible for delays, errors or interruptions caused by third-party systems outside our reasonable control.

11. Intellectual property

11.1 All rights, title and interest in the Services — including all software, indicators, scripts, methodologies, documentation, trademarks (including "Optuma") and other intellectual property — belong to Optuma or our licensors. Nothing in these Terms transfers any of those rights to you, except the limited licences expressly granted.

11.2 Any feedback or suggestions you provide about the Services may be used by us without restriction or compensation.

12. Support

12.1 During an active Subscription Term, we provide reasonable support for the Services through our help desk at help.optuma.com, in accordance with the channels, response targets and hours published on that site from time to time.

12.2 Support does not cover (a) third-party software such as firewalls, antivirus or spam filters; (b) financial advice or the development of trading systems on your behalf; or (c) issues caused by your use of the Services other than as described in our documentation.

13. Privacy

Our handling of personal information is described in our Privacy Policy. By using the Services you confirm that any personal information you provide to us — or that you make available to us through your Authorised Users or integrations — may be processed in accordance with that policy.

14. Warranties and Australian Consumer Law

14.1 To the maximum extent permitted by law, the Services are provided "as is" and "as available", and we exclude all implied warranties, conditions and representations.

14.2 Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy under the Australian Consumer Law or any other law that cannot lawfully be excluded. Where a guarantee under the Australian Consumer Law applies and the Services are not of a kind ordinarily acquired for personal, domestic or household use, our liability for failure to comply with that guarantee is limited (at our option) to re-supplying the Services or paying the cost of re-supplying them.

15. No financial advice

15.1 Optuma is an analytical software platform. We are not an Australian Financial Services Licence holder, a registered investment adviser in any jurisdiction, or a broker-dealer. Nothing in the Services, our website, our blog, our webinars or our other educational materials is intended as, or should be relied on as, personal financial, investment, legal, tax or accounting advice. You should obtain advice from a properly licensed and qualified professional before making any investment or trading decision. See our Disclaimer for more detail.

16. Limitation of liability

16.1 To the maximum extent permitted by law, neither party is liable to the other for any indirect, consequential, special, incidental or punitive loss; any loss of profits, revenue, business, anticipated savings, opportunity, data or goodwill; or any loss arising from trading, investment or portfolio decisions, however caused.

16.2 Subject to clause 14.2, each party's total aggregate liability arising out of or in connection with these Terms — whether in contract, tort (including negligence), under statute or otherwise — is limited to the fees you have paid us for the affected Service in the twelve (12) months immediately before the event giving rise to the claim.

16.3 Each limitation in this clause 16 applies separately to each claim, and survives termination of these Terms.

17. Termination for cause

17.1 Either party may terminate these Terms immediately by written notice if the other party (a) materially breaches these Terms and fails to cure the breach within thirty (30) days after written notice, or (b) becomes insolvent, ceases to trade, or has a controller, administrator or liquidator appointed.

17.2 On termination or expiry: (a) your right to access and use the Services ends; (b) any fees accrued up to the effective date remain payable; (c) we will make your Content available for export for a reasonable period (typically thirty (30) days), after which we may delete it; and (d) any clauses which by their nature should survive termination (including clauses 9, 11, 14, 15, 16, 17 and 18) will survive.

18. General

18.1 Governing law and jurisdiction. These Terms are governed by the laws of Queensland, Australia. The parties submit to the non-exclusive jurisdiction of the courts of Queensland and the courts entitled to hear appeals from them.

18.2 Notices. We will give you notice by email to the address on your account, by a notice in the Services, or by post to your registered address. You can give us notice by email to legal@optuma.com or by post to our registered address above.

18.3 Force majeure. Neither party is liable for any failure or delay caused by an event beyond its reasonable control, including acts of God, natural disasters, war, civil unrest, government action, pandemics, internet or telecommunications failures, or third-party service-provider outages.

18.4 Severability. If any part of these Terms is held to be invalid or unenforceable, the remainder will continue in full force and effect.

18.5 No waiver. A failure or delay by either party in exercising a right does not waive that right.

18.6 Entire agreement. These Terms, together with any Order and our Privacy Policy, are the entire agreement between you and us about the Services, and supersede any prior representation or agreement on the same subject.

18.7 "Optuma" is a registered trademark licensed to Optuma Pty Ltd. ABN 41 628 890 095. Registered office: Level 6, 200 Adelaide St, BRISBANE QLD 4000, AUSTRALIA.

Standard Form Of Agreement — Customer Terms for Optuma Services, Version 3, May 2026 — © Optuma Pty Ltd