LEGAL

Last Updated: July 20, 2024

Welcome to our Marketplace

Welcome to our marketplace. If you continue to browse and use this marketplace, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Opendatabay's relationship with you in relation to this marketplace. If you disagree with any part of these terms and conditions, please do not use our marketplace.

Definitions

The term 'Opendatabay' or 'us' or 'we' refers to the owner of the marketplace whose registered office is 7 Hungate, Beccles, NR349TT, United Kingdom. Our company registration number 15711573 registered in England and Wales. The term 'you' refers to the user or viewer of our marketplace.

Terms of Service

• The content of the pages of this marketplace is for your general information and use only. It is subject to change without notice.
• This marketplace uses cookies to monitor browsing preferences. If you do allow cookies to be used, the following personal information may be stored by us for use by third parties.
• Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this marketplace for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
• Your use of any information or materials on this marketplace is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this marketplace meet your specific requirements.
• This marketplace contains material which is owned by or licensed to us or our vendors. This material includes, but is not limited to, the design, layout, look, appearance, and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
• All trademarks reproduced in this marketplace, which are not the property of, or licensed to the operator, are acknowledged on the marketplace.
• Unauthorized use of this marketplace may give rise to a claim for damages and/or be a criminal offense.
• From time to time, this marketplace may also include links to other marketplaces, websites, applications. These links are provided for your convenience to provide further information. They do not signify that we endorse the marketplace(s). We have no responsibility for the content of the linked sources.

Governing Law

Your use of this marketplace and any dispute arising out of such use of the marketplace is subject to the laws of England, Northern Ireland, Scotland and Wales.

Contact Information

Opendatabay Ltd Data Controller

info@opendatabay.com

Opendatabay Ltd Data Protection Officer

justinas@opendatabay.com

Please Note: This policy is effective as of July 20, 2024

Last Updated: December 15, 2024

Listing Terms & Conditions

Read our terms below to learn more about your rights and responsibilities as a data provider on Opendatabay.

Definitions

The term 'Opendatabay' or 'us' or 'we' refers to the owner of the marketplace whose registered office is 7 Hungate, Beccles, NR349TT, United Kingdom. Our company registration number 15711573, registered in England and Wales. The term 'Data Provider' or 'user' or 'you' refers to the user trying to list data on our marketplace.

Listing Datasets

• Listing: The Data Provider agrees to list its datasets on the Opendatabay marketplace in accordance with Opendatabay’s listing guidelines.
• Quality and Accuracy: The Data Provider is responsible for ensuring that all datasets provided are accurate, complete, and lawful.
• Licensing: The Data Provider grants Data Consumers a [perpetual, non-exclusive] license to use the datasets in accordance with the terms specified in the marketplace.
• Pricing: The Data Provider sets the required pricing or pricing model for each dataset listed on the marketplace. Opendatabay reserves the right to review and suggest modifications to the pricing if necessary to ensure competitiveness and market alignment.

Data Access and Delivery

The Data Provider agrees to provide data access and delivery to Data Consumers based on the selected delivery method:

• Download: The Data Provider must provide access to the dataset for download by the Data Consumer. This can be done either by uploading the dataset directly to Opendatabay or by providing a valid and secure download link. It is the responsibility of the Data Provider to ensure the dataset is accessible and the link remains active.
• API Access: The Data Provider will provide data access via its own API if applicable, or by using Opendatabay APIs in accordance with the specifications agreed upon.
• On-Request Basis: The Data Provider will fulfil data delivery on a download or request basis as specified in the marketplace listing.
• Email Download: The Data Provider may offer data access via email download, where the dataset is securely sent to the Data Consumer’s designated email address.
• Data Room or Database Storage: The Data Provider may provide access to a data room or database storage for ongoing access to datasets. Access to the data room or database storage may incur a monthly or yearly cost based on the Data Provider’s access model.
• Other: Any other data access, exchange models proposed by the Data Provider, subject to prior agreement with Opendatabay.

Marketing and Promotion

Opendatabay reserves the right to feature, promote, or advertise datasets listed on the marketplace to increase visibility and sales potential.

• Right to Promote: Opendatabay reserves the exclusive right to feature, promote, market, or advertise datasets and Data Provider profiles listed on the marketplace across various channels, including the platform homepage, social media, email campaigns, and other promotional materials.
• Usage of Profile Information: By listing on Opendatabay, the Data Provider grants Opendatabay the right to use their name, profile, and dataset details (excluding the actual data content) for promotional purposes without requiring additional consent.
• Opt-Out Option: Data Providers may contact Opendatabay support to request exclusion from specific promotional activities, but Opendatabay retains the final discretion over marketing decisions.

Indemnification and Liability

• Indemnification: The Data Provider agrees to indemnify and hold harmless Opendatabay against any claims arising from the data provided.
• Limitation of Liability: Opendatabay’s liability under this Agreement shall be limited to the amount of Fees received by Opendatabay from the Data Provider.

Termination

• Term: This Agreement shall commence on the Effective Date and shall continue in effect as long as the Data Provider lists datasets on the Opendatabay marketplace and maintains a public profile on the platform. Upon cessation of listing datasets or removal of the public profile, the Agreement shall remain in effect for a cooling-off period of one (1) month.
• Termination for Convenience: Either Party may terminate this Agreement for any reason upon 30 days written notice to the other Party.
• Effects of Termination: Upon termination, the Data Provider shall cease all use of the Opendatabay platform remove all datasets listed on the marketplace and request for deletion of their data provider profile.

Governing Law

Your use of this marketplace and any dispute arising out of such use of the marketplace is subject to the laws of England, Northern Ireland, Scotland and Wales.

Updates to Terms

Opendatabay reserves the right to update these terms at any time. Continued use of the platform constitutes acceptance of any modifications to these terms.

Please Note: This policy is effective as of December 15, 2024

Last Updated: December 15, 2024

Right to List and Sell Data

Read our terms below to learn more about your rights and responsibilities as a data provider on Opendatabay.

Definitions

The term 'Opendatabay' or 'us' or 'we' refers to the owner of the marketplace whose registered office is 7 Hungate, Beccles, NR349TT, United Kingdom. Our company registration number 15711573, registered in England and Wales. The term 'Data Provider' or 'user' or 'you' refers to the user trying to list data on our marketplace or upload dataset sample.

Data Provider Declarations

By listing data on Opendatabay, you explicitly declare and warrant that:

• You are the original creator or have obtained all necessary rights and permissions to sell the data
• The data was collected through legal and ethical means
• You have maintained proper records of data collection methods and sources
• You have the authority to grant the licenses specified in your listing

Prohibited Data Types

The following types of data are strictly prohibited from being listed on Opendatabay:

• Personal Information and Identity Data:
  • Personally Identifiable Information (PII) without proper anonymization
  • Email addresses, phone numbers, or contact information databases
  • Social security numbers, government IDs, or other official identification
  • Medical or health records that have PII
  • Financial information or credit card data
• Restricted Data Sources:
  • First-party data collected without explicit consent
  • Data scraped from websites in violation of their terms of service
  • Data obtained through unauthorized access or breach
  • Stolen or illegally obtained datasets
  • Data subject to non-disclosure agreements or confidentiality obligations
• Prohibited Content:
  • Content promoting illegal activities
  • Harmful, misleading, or fraudulent data
  • Discriminatory or hate-related content
  • Data that infringes on third-party intellectual property rights
  • Content violating privacy laws or regulations
  • Malicious code, scripts, or software including:
    • Exploit scripts or hacking tools
    • Files containing malware, viruses, or other harmful code
    • Links to malicious websites or downloads
    • Tools designed for network attacks or unauthorized access

Data Quality and Verification

• Source Documentation:
  • Maintain clear documentation of data collection methods
  • Provide proof of data ownership upon request
  • Document any data processing or transformation steps
  • Maintain records of consent where applicable
• Quality Standards:
  • Data must be accurately described
  • Description must be complete and truthful
  • Data format and structure must match the description
  • Any known limitations or biases must be disclosed

Compliance and Legal Obligations

Data Providers are responsible for ensuring that their datasets comply with all applicable laws and regulations. This includes, but is not limited to:

• Regulatory Compliance:
  • GDPR compliance for EU-related data
  • CCPA compliance for California-related data
  • Compliance with sector-specific regulations (HIPAA, FERPA, etc.)
  • Adherence to local data protection laws
• Platform Rights:

  Opendatabay reserves the right to:

  • Request proof of ownership or right to sell
  • Conduct data quality audits
  • Remove non-compliant datasets
  • Suspend or terminate accounts violating these terms
  • Report violations to appropriate authorities

Violations and Enforcement

Violations of these terms may result in:

• Immediate removal of listed data
• Account suspension or termination
• Forfeiture of pending payments
• Legal action where applicable
• Reporting to relevant authorities

Indemnification

Data Providers agree to indemnify and hold harmless Opendatabay from any claims, damages, or losses arising from:

• Violation of these terms
• Inaccurate ownership claims
• Third-party intellectual property claims
• Privacy law violations
• Misuse of listed data

Reporting Issues

If a Data Consumer or another user identifies any issues related to the datasets listed by the Data Provider, they may report it directly to Opendatabay. Opendatabay reserves the right to investigate such claims and take appropriate action, including suspension or removal of the dataset in question.

Conflict Resolution

In the event of a dispute between the Data Provider and Data Consumer, Opendatabay will act as a neutral intermediary to facilitate resolution. However, Opendatabay does not assume liability for any disputes and encourages both parties to resolve issues amicably.

Governing Law

Your use of this marketplace and any dispute arising out of such use of the marketplace is subject to the laws of England, Northern Ireland, Scotland and Wales.

Updates to Terms

Opendatabay reserves the right to update these terms at any time. Continued use of the platform constitutes acceptance of any modifications to these terms.

Please Note: This policy is effective as of December 15, 2024

Last Updated: December 15, 2024

Listing Fees and Charges

Read our terms below to learn more about your rights and responsibilities as a data provider on Opendatabay.

Definitions

The term 'Opendatabay' or 'us' or 'we' refers to the owner of the marketplace whose registered office is 7 Hungate, Beccles, NR349TT, United Kingdom. Our company registration number 15711573, registered in England and Wales. The term 'Data Provider' or 'user' or 'you' refers to the user trying to list data on our marketplace.

Listing Fees and Charges

Opendatabay will receive a commission fee of 30% of the transaction value for each dataset sold through the marketplace, API call, or data access fee. The Data Provider will receive 70% of the transaction value.

Payments will be made to the Data Provider within 30 days after each transaction is completed, subject to the following conditions:

• Method of Payment: Payments will be made via bank transfer.
• Currency: All payments will be made in GBP (£).
• Payout Thresholds:Payments will only be processed when the total earnings meet a minimum threshold of 100 GBP (£).
• Disputes and Refunds: In the event of a dispute or refund request related to a transaction, the payment to the Data Provider may be withheld until the dispute or refund is resolved.
• Payment Details: The Data Provider is responsible for providing accurate payment details to Opendatabay. Opendatabay is not liable for payments sent to incorrect details provided by the Data Provider.

Opendatabay reserves the right to update commission rates or fees. Data Providers will be notified of any changes at least 30 days in advance.

The Data Provider is responsible for declaring and paying any taxes due on earnings from sales through the marketplace, in compliance with the tax regulations in their country.

The Data Provider must ensure compliance with their country’s Anti-Money Laundering (AML) laws and regulations. Opendatabay reserves the right to request verification documents to meet legal obligations and may suspend payments until such documentation is provided.

Governing Law

Your use of this marketplace and any dispute arising out of such use of the marketplace is subject to the laws of England, Northern Ireland, Scotland and Wales.

Updates to Terms

Opendatabay reserves the right to update these terms at any time. Continued use of the platform constitutes acceptance of any modifications to these terms.

Please Note: This policy is effective as of December 15, 2024

Last Updated: December 19, 2024

Support and Assistance

For any queries or support, please contact us at support@opendatabay.com or join our discord server at https://discord.gg/vabgbXw5