Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the NemGraph platform, including our website, web application, APIs, and any associated services (collectively, the “Service”), operated by NemGraph Pty Ltd, a company incorporated in New South Wales, Australia (“NemGraph”, “we”, “us”, or “our”).

By creating an account, accessing, or using the Service in any way, you agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference. If you do not agree to these Terms, you must not use the Service.

These Terms take effect from the date you first access the Service or 1 May 2025, whichever is later. We may update these Terms from time to time in accordance with Section 12.

To use the Service, you must:

• Be at least 18 years of age;
• Have full legal capacity to enter into a binding contract under the laws of your jurisdiction;
• If registering on behalf of a company, partnership, trust, or other organisation, have the authority to bind that organisation to these Terms — in which case “you” refers to both you individually and that organisation; and
• Not be prohibited from using the Service under any applicable law or regulation.

NemGraph reserves the right to refuse access to any person or entity at our discretion, including where we have reason to believe the eligibility requirements are not met.

To access most features of the Service you must register for an account. When registering, you agree to:

• Provide accurate, complete, and current information, including your full name, email address, and any billing details;
• Keep your account information up to date — particularly your email address, which we use for billing notices, security alerts, and Terms update notifications;
• Maintain the confidentiality of your password and restrict access to your account. You are solely responsible for all activity that occurs under your account, whether or not authorised by you;
• Notify us immediately at legal@nemgraph.com.au if you suspect any unauthorised access to or use of your account; and
• Maintain only one account per person. Creating multiple accounts to circumvent tier restrictions, free trials, or access controls is prohibited.

NemGraph will not be liable for any loss or damage arising from your failure to comply with these account security obligations.

You may use the Service only for lawful purposes and in accordance with these Terms. In particular, you must not, and must not permit any third party to:

• Scrape data at scale — use automated scripts, bots, crawlers, or similar tools to systematically extract, download, or harvest data from the Service beyond what is reasonably necessary for personal or internal business use;
• Redistribute AEMO data commercially — resell, sublicense, or otherwise commercially distribute AEMO market data accessed through NemGraph without obtaining appropriate authorisation from AEMO independently;
• Use for automated trading systems — feed data from the Service into algorithmic or automated energy market trading systems without first disclosing this use to NemGraph and obtaining written approval;
• Reverse-engineer the platform — attempt to decompile, disassemble, derive source code from, or reverse-engineer any part of the NemGraph application, APIs, or underlying infrastructure;
• Circumvent access controls — bypass, disable, or defeat any technical measures used to enforce subscription tier restrictions, authentication, or rate limits;
• Introduce malware, viruses, or other malicious code into the Service;
• Use the Service in any way that violates applicable Australian or international law, including the National Electricity Law and National Electricity Rules; or
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity.

Violation of these acceptable use requirements may result in immediate suspension or termination of your account without notice, at NemGraph’s sole discretion.

NemGraph is not a financial services licensee and does not hold an Australian Financial Services Licence (AFSL). Nothing in the Service should be construed as general financial product advice within the meaning of the Corporations Act 2001 (Cth).

Before making any financial, commercial, or investment decisions — including decisions related to energy market participation, project development, hedging strategies, or capital allocation — you should seek independent professional advice from a licensed financial adviser, energy market consultant, or other qualified professional with knowledge of your specific circumstances.

NemGraph expressly disclaims any liability arising from your reliance on platform content for financial or investment decision-making.

NemGraph sources electricity market data from AEMO’s public data feeds and archives, including NEMweb, the AEMO API, and MMSDM historical datasets. While we make reasonable efforts to ensure data is ingested, processed, and displayed correctly, we cannot guarantee:

• The accuracy, completeness, or timeliness of any data displayed on the platform;
• That data gaps, delayed publications, or corrections made by AEMO to historical data will be reflected immediately on the platform;
• That data displayed during AEMO system events, administered price periods, market suspension events, or price interventions accurately reflects final settlement values — such data may be provisional, filtered, or adjusted; or
• That the platform is free from software errors, bugs, or calculation mistakes in derived metrics such as price duration curves, capacity factors, or volume aggregations.

The Service is provided “as is” and “as available” without any representation or warranty — express or implied — including any warranty of merchantability, fitness for a particular purpose, or non-infringement, to the maximum extent permitted by law.

We recommend independently verifying any data of material importance directly with AEMO’s public datasets before relying on it for commercial or operational purposes.

To the maximum extent permitted by applicable law, including the Australian Consumer Law:

• NemGraph’s aggregate liability to you for all claims arising out of or in connection with these Terms or your use of the Service (whether in contract, tort including negligence, statute, or otherwise) will not exceed the total fees paid by you to NemGraph in the 12 months immediately preceding the event giving rise to the claim;
• NemGraph is not liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to loss of profits, loss of revenue, loss of goodwill, loss of data, business interruption, or loss of anticipated savings — even if NemGraph has been advised of the possibility of such damages; and
• NemGraph is not liable for any loss or damage arising from your reliance on market data for trading decisions, operational decisions, or project investment decisions.

Nothing in these Terms excludes, restricts, or modifies any right or remedy, or any guarantee, warranty, or other term or condition, implied or imposed by the Australian Consumer Law that cannot lawfully be excluded or limited. Where such statutory guarantees apply and cannot be excluded, NemGraph’s liability is limited (to the extent permitted by law) to resupplying the services or paying the cost of having the services supplied again.

NemGraph targets a service availability of 99.5% uptime measured on a monthly basis, excluding scheduled maintenance windows. However, we do not guarantee uninterrupted or error-free access to the Service.

Planned maintenance that will cause service interruption will be communicated to registered users via email or an in-app notice at least 48 hours in advance where reasonably practicable. Emergency maintenance required to address security vulnerabilities or critical system failures may occur without advance notice.

Service availability may also be affected by factors outside NemGraph’s reasonable control, including AEMO data feed outages, third-party infrastructure failures (including Stripe, Vercel, or AWS), or events of force majeure. NemGraph will not be liable for service interruptions caused by such factors.

Real-time data availability for Pro and Enterprise subscribers is subject to the reliability of AEMO’s public API. During AEMO system outages, real-time data may not be available regardless of your subscription tier. In such circumstances, the most recently cached data will be displayed where possible.

NemGraph may modify these Terms from time to time to reflect changes in our services, applicable law, or business practices. Where a change is material, we will provide at least 30 days’ written notice by email to the address registered with your account before the revised Terms take effect.

For non-material changes (such as clarifications, typographical corrections, or updates to contact information), we may update the Terms immediately and will update the effective date at the top of this page.

Your continued use of the Service after the revised Terms take effect constitutes your acceptance of the new Terms. If you do not agree to the revised Terms, you must stop using the Service before the effective date and may cancel your subscription in accordance with Section 11.1.

These Terms are governed by and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law principles.

You and NemGraph agree to submit to the exclusive jurisdiction of the courts of New South Wales, Australia (and any applicable federal courts sitting in New South Wales) for the resolution of any dispute arising out of or in connection with these Terms or your use of the Service.

Before commencing formal legal proceedings, both parties agree to attempt to resolve any dispute in good faith through direct negotiation. If a dispute is not resolved within 30 days of written notice, either party may pursue their available legal remedies.

Nothing in this clause limits NemGraph’s right to seek urgent injunctive or declaratory relief from a court of competent jurisdiction to prevent or restrain any actual or threatened breach of these Terms.

If you have any questions about these Terms, wish to report a potential breach, or need to contact us about your account or billing, please reach out to us at:

We aim to respond to all legal and billing enquiries within 3 business days (Australian Eastern Standard Time).