TERMS OF SERVICE.

1. Agreement

These Terms of Service ("Terms") form a binding agreement between you and Hopeful Monsters Pty Ltd ("Hopeful Monsters", "we", "us") governing your access to and use of the Cultural Salience Index platform (the "Service"). By accessing the Service you agree to be bound by these Terms. If you do not agree, do not use the Service.

2. The Service

The Service provides authorised users from client organisations with read access to brand-tracking data, visualisations, commentary, and (where enabled) AI-generated insights based on the Cultural Salience Index methodology. Access is granted by invitation only. We may add, modify, or remove features at our discretion, but will not materially reduce the core functionality available to a paying client during an active subscription term.

3. Accounts

Each account is for a single named individual. You must keep your credentials confidential, enable any required multi-factor authentication, and notify us immediately of any unauthorised access. You are responsible for activity that occurs under your account.

4. Acceptable use

You agree not to:

• share access credentials with anyone outside your organisation;
• copy, scrape, or systematically extract data from the Service except as expressly permitted by the export features;
• reverse-engineer, decompile, or attempt to derive the source code of the Service;
• use the Service to build a competing product or benchmark dataset;
• upload or transmit content that is unlawful, infringing, or harmful;
• interfere with the security, integrity, or performance of the Service.

5. Data and intellectual property

Client data. Brand-specific data uploaded by Hopeful Monsters on behalf of a client organisation remains owned by that client. You grant Hopeful Monsters a non-exclusive licence to host, process, and display this data solely to provide the Service.

Hopeful Monsters IP. The Cultural Salience Index methodology, the platform software, and all aggregated or anonymised insights derived from running the methodology are and remain the property of Hopeful Monsters.

6. Confidentiality

Each party will treat the other party's non-public information with the same standard of care it applies to its own confidential information, and will not disclose such information except as required to perform under these Terms or by law.

7. Fees

Fees, payment terms, and the subscription term for paying clients are set out in a separate engagement letter or order form. Demo and free-tier access is provided at no charge and may be revoked at any time.

8. Warranties and disclaimers

We will perform the Service with reasonable care and skill. To the maximum extent permitted by law, the Service is provided "as is", and we disclaim all other warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. Nothing in these Terms excludes, restricts, or modifies any consumer guarantee under the Australian Consumer Law that cannot lawfully be excluded.

9. Limitation of liability

To the maximum extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential, or punitive damages. Each party's aggregate liability arising out of or related to these Terms is capped at the fees paid by the client to Hopeful Monsters in the 12 months preceding the event giving rise to the claim.

10. Indemnity

Each party will indemnify the other against third-party claims arising from that party's breach of these Terms, infringement of intellectual-property rights, or unlawful use of the Service.

11. Termination

Either party may terminate these Terms for convenience on 30 days' written notice. We may suspend or terminate your access immediately on a material breach of these Terms. On termination your access ends and we will delete or anonymise your account data in accordance with our Privacy Policy.

12. Changes

We may amend these Terms from time to time. Material changes will be notified by email at least 30 days before they take effect. Continued use of the Service after a change takes effect constitutes acceptance.

13. Governing law

These Terms are governed by the laws of New South Wales, Australia. Each party submits to the exclusive jurisdiction of the courts of New South Wales.

14. Contact

Questions about these Terms can be sent through our contact form.