Terms of Use

About the Website

Welcome to Hemisphere.digital (the ‘Website’). The Website allows you to access and use the Hemisphere.digital (the ‘Services’). The Website is operated by Hemisphere Digital Pty Ltd (“us”, “we”, or “our”), ABN 35 601 123 522. Access to and use of the Website, or any of its associated Products or Services, is provided by Hemisphere Digital Pty Ltd. Please read these terms and conditions (the ‘Terms’) carefully. We reserve the right to review and change any of the Terms by updating this page at its sole discretion. When we update the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

Acceptance of the Terms

By accessing the Hemisphere.digital website, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law. You may also accept the Terms by accepting or agreeing to the Terms where this option is made available to you in the user interface.

About the Service

  1. 1. Hemisphere means Hemisphe Digital’s proprietary cloud-based data analytics technology solution, and includes without limitation all proprietary APIs, datasets, software, innovations, methodologies and technology which is embodied in, or used by Hemisphere Digital to provide the foregoing.
  2. 2. You acknowledge and agree that the accounts offered, as well as the account features may change from time to time, and may be governed by separate terms which apply specific to the account. Where special account-specific terms apply, you will be informed, and must accept those terms before you are given such an account. For the avoidance of doubt these Terms apply unless otherwise agreed or amended by account-specific terms.
  3. 3. Your accounts are governed by a separate Software Licensing Agreement (“Hemispher Digital Platform License and Service Agreement for Hemisphere”) with Hemispher Digital, which may amend the Terms. For the avoidance of doubt these Terms apply unless otherwise agreed or amended by the terms of an applicable Software Licensing Agreement.

      4. Acceptable use of the Service

      Hemisphe Digital, its related features, and website must only be used lawfully. Hemisphere Digital reserves the right to suspend, cancel, or otherwise deny access to users and accounts who use the service:

      1. 1. To engage in any act that would disrupt the access, availability, and security of Hemisphere and other Hemisphere Digital services, including but not limited to:
      2. (a) Tampering with, reverse-engineering, or hacking our servers;
      3. (b) Modifying, disabling, or compromising the performance Hemisphere or other Hemisphere Digital services;
      4. (c) Overwhelming, or attempting to overwhelm our infrastructure by imposing an unreasonably large load on our systems that consume extraordinary resources;
      5. (d) Compromising the integrity of our system, including probing, scanning and testing the vulnerability of our system unless expressly permitted by Hemispher Digital;
      6. (e) use any robot, spider, screen scraper, data aggregation tool or other automatic device or process (Automated Process) to process, monitor, copy or extract any web pages on the Website, or any of the information, content or data contained within or accessible through the Website, without the prior written permission of Hemispher Digital;
      7. (f) use any Automated Process to aggregate or combine information, content or data contained within or accessible through the Website with information, content or data accessible via or sourced from any third party;
      8. 2. For any illegal purpose, or to violate any laws, including and without limitation to data, privacy, and export control laws.
      9. 3. To misrepresent or defraud any user or member of the public through phishing, spoofing, manipulating headers or other identifiers, impersonating anyone else, or falsely implying any sponsorship or association with Hemisphere Digital or any third party.
      10. 4. To access or search any part of the Service, or any other Service owned by Hemisphere Digital other than our publicly supported interface, or otherwise allowed for in an applicable Software Licensing Agreement.
      11. 5. To post, upload, share, or otherwise circulate content in violation of Hemisphere’s Restriction On Use policy.

      Security and Data Privacy

      We take your privacy seriously and information provided through your use of the Website and/or Services are subject to Hemisphere.digital Privacy Policy, which is available on the Website. The Privacy Policy also addresses our processes, policies, and obligations in respect of Hemisphere.digital security breaches.

      Data Use

      We collect, store, and process your data on Hemisphere.digital. The data is used to provide Services to you, as well as to facilitate Hemisphe Digital’s business operations. The Privacy Policy outlined how your data is collected, stored, and processed by Hemisphere.digital. The Privacy Policy also addresses our processes, policies, and obligations in respect of data encryption and removal requests.

      Subscription to use the Service

      1. 1. In order to access the Services, you must first purchase a subscription through the Hemisphere.digital (the ‘Subscription’) and pay the applicable fee for the selected Subscription (the ‘Subscription Fee’). After purchasing a Subscription, you will be considered an Authorised User of our service. The service agreement of the subscription is outlined in the “Hemispher Digital Platform License and Service Agreement for Hemisphere”.
      2. 2. In purchasing the Subscription, you acknowledge and agree that it is your responsibility to ensure that the Subscription you elect to purchase is suitable for your use.
      3. 3. Before, during or after you have purchased the Subscription, you will then be required to register for an account through the Website or through our system administrator before you can access the Services (the ‘Account’).
      4. 4. As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including but not limited to Name.
      5. 5. You warrant that any information you give to Hemisphe Digital in the course of completing the registration process will always be accurate, correct and up to date.
      6. 6. Once you have completed the registration process, you will be a registered user of the Website and agree to be bound by the Terms (“User”). As a User, you will be granted access to the Services from the time you have completed the registration process until the subscription period expires (the ‘Subscription Period’).
      7. 7. You may not use the Services and may not accept the Terms if: (a) you are not of legal age to form a binding contract with Hemisphere.digital; or (b) you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.

      Copyright and Intellectual Property

      1. 1. The Website, the Services and all of the related products of Hemisphe Digital are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Hemispher Digital.
      2. 2. All trademarks, service marks and trade names are owned, registered and/or licensed by Hemisphere Digital, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a User to:
      3. (a) use the Website pursuant to the Terms;
      4. (b) copy and store the Website and the material contained in the Website in your device’s cache memory; and
      5. (c) print pages from the Website for the purpose outlined in your Hemisphere Digital Platform service agreement.
      6. 3. Hemispher Digital does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Hemisphe Digital.
      7. 4. Hemispher Digital retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
      8. (a) business name, trading name, domain name, trademark, industrial design, patent, registered design or copyright, or
      9. (b) a right to use or exploit a business name, trading name, domain name, trademark or industrial design, or
      10. (c) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
      11. 5. You may not, without the prior written permission of Hemisphe Digital and the permission of any other relevant rights owners: broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for reuse or are in the public domain.

      General Disclaimer

      1. 1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
      2. 2. Subject to this clause, and to the extent permitted by law:
      3. (a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
      4. (b) Hemispher Digital will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
      5. 3. Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Hemisphere Digital make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Hemisphere Digital) referred to on the Website, includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
      6. (a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorised access to records;
      7. (b) the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
      8. (c) costs incurred as a result of you using the Website, the Services or any of the products of Hemispher Digital; and
      9. (d) the Services or operation in respect to links which are provided for your convenience.

      Limitation of Liability

      1. 1. Hemispher Digital’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
      2. 2. You expressly understand and agree that Hemispher Digital, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

      Governing Law

      These terms and conditions are governed by and construed in accordance with the laws of NSW, Australia and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.

      Contact Us

      If you have any questions about this Terms and Conditions, please contact us:

      By email: support@hemisphere.digital

      By visiting this page on our website: https://hemisphere.digital