Except as expressly set out in a separate written agreement executed by Opendatabay, all content, data products, and services provided on Opendatabay are provided "as is" and "as available," without any warranties of any kind, either express or implied.

Opendatabay expressly disclaims all warranties, including but not limited to accuracy, completeness, reliability, or results from using the platform, except as expressly set out in a separate written agreement executed by Opendatabay.

Users are responsible for verifying any information before relying on it.

This platform may use cookies and session tokens to enhance user experience and security.

All materials, including design, layout, graphics, and content, are owned by or licensed to Opendatabay. Unauthorized reproduction is prohibited.

Only registered businesses, legal entities, or institutions may register as data providers. Proof of business identity may be required.

Non-essential communications can be opted out of by contacting support, though some features may be affected.

1. Nature of the Platform. Opendatabay is a brokerage and licensing marketplace. It is not a directory or advertising service. Data Products and provider profiles are published so that they can be purchased and licensed through Opendatabay. Publication does not invite or authorise any person to deal with a data provider directly in respect of business introduced through Opendatabay.

2. Application. Paragraphs 3 to 10 of this section apply to Business Users.

3. Definitions. In this section:

• Platform Interaction means, in respect of a data provider: viewing any of its Data Products or its provider profile while registered or logged in; downloading a sample; enquiring; requesting a quotation; posting or responding to a data request; following a link from Opendatabay to the data provider’s website; or purchasing or licensing a Data Product.

• Relevant Data means data of the same modality as the Data Product or provider profile with which you had a Platform Interaction (for example, egocentric video), supplied by or on behalf of the same data provider, including updates, additional volume, modified versions and any new or commissioned collection, irrespective of setting, task, language or volume.

4. Buyer commitment. You shall acquire any Relevant Data through Opendatabay, and not directly from the data provider or through any third party, for twelve (12) months from your first Platform Interaction with that data provider or twenty-four (24) months from your most recent purchase from that data provider through Opendatabay, whichever ends later.

5. Attribution. When contacting a data provider with which you have had a Platform Interaction, in any way and through any channel (including email, the data provider’s own website or contact form, or any third party), about any Relevant Data, you shall disclose that the opportunity originated through Opendatabay. You shall not withhold or conceal that an enquiry originated through Opendatabay.

6. No sourcing or harvesting. You shall not use Opendatabay to identify, solicit or recruit data providers in order to: (a) acquire data from them outside Opendatabay; (b) offer, present or resell their Data Products or samples to any third party, unless authorised through Opendatabay; or (c) invite them to list on or supply through any other platform, marketplace or brokerage. This restriction applies to data providers you first identified through Opendatabay, for twenty-four (24) months from your first Platform Interaction with that data provider.

7. Intermediaries. If you are acquiring data on behalf of, or for onward supply to, any third party, you must disclose this to Opendatabay before requesting a sample or quotation. Opendatabay may decline to provide samples or quotations to intermediaries, or provide them on separate terms.

8. Platform records. Where Opendatabay’s records show a Platform Interaction between you and a data provider, any acquisition by you of Relevant Data from that data provider within the periods in paragraph 4 is presumed to have originated through Opendatabay unless you show, by documented evidence, that it arose independently of Opendatabay.

9. Consequences. If you acquire data in breach of this section, you shall pay Opendatabay the commission that would have been payable under the Platform Fees & Commission Schedule had the acquisition been concluded through Opendatabay, calculated on the total contract value, together with Opendatabay’s reasonable costs of establishing and recovering it. This is without prejudice to any amount payable by the data provider for the same transaction, provided that Opendatabay shall not recover the same commission twice. Opendatabay may also suspend or terminate your account.

10. Exclusions. This section does not apply to: (a) any data provider with whom you had a documented pre-existing relationship before your first Platform Interaction with it; or (b) any data that is not Relevant Data.

11. Survival. This section survives closure of your account and delisting of any Data Product for the periods stated in it.

12. Separate agreements. Where you have a separate written agreement with Opendatabay, that agreement prevails over these Terms to the extent of any conflict.

Opendatabay offers both Free (marked as Free or priced at 0) and paid data products.

Access to paid data products is governed by the specific terms outlined at the time of purchase.

Users must comply with any licensing or usage restrictions associated with paid data products and their associated terms or licenses.

Opendatabay provides data samples to allow users to evaluate data products before purchase. Samples are provided solely for evaluation and quality assessment purposes.

To download a data sample, users must be registered and have completed the onboarding process. Opendatabay may share a user’s registration details (including name, email, company, and stated use case) with the relevant data provider where needed to facilitate a transaction through Opendatabay.

Users may be contacted by Opendatabay, or by the data provider through Opendatabay, regarding the data product, potential licensing, or related services.

Data samples may not be used for production purposes, commercial use, model training, redistribution, resale, or any purpose beyond evaluation without a separate licence or purchase agreement.

Data samples may not be shared with, forwarded to, or made available to any third party without prior written consent from Opendatabay.

Users must not use data samples to establish a direct relationship with the data provider for the purpose of bypassing Opendatabay. Any acquisition of the sampled Data Product, or of Relevant Data from the same data provider, is governed by the Nature of the Platform and Introduced Business section.

Opendatabay reserves the right to monitor sample download activity, revoke access to samples, and take appropriate action against users who violate these terms.

Links to external websites or platforms are for convenience only. Opendatabay is not responsible for their content or services. Links to data provider websites are provided to help users evaluate Data Products available through Opendatabay; following such a link does not take any resulting acquisition outside these Terms.

Users are solely responsible for scanning and verifying any downloaded data products or files for viruses, malware, or other malicious content.

Users acknowledge and agree that they use the platform, all data products, and files at their own risk.

If any file or data product appears suspicious or potentially harmful, users must report it immediately to Opendatabay and must not redistribute or share the file with others.

During data uploads, users are responsible for ensuring that any data products or content uploaded comply with applicable laws and do not violate third-party rights.

Opendatabay reserves the right to remove content that violates terms, is fraudulent, or is otherwise inappropriate.

Data products may include public/open-source data products, curated/enhanced data products, third-party data products, media assets for AI/ML, pretrained models, prompts/instructions, APIs, or other forms of data products offered by Opendatabay or partners.

Users should review data product-specific licensing or terms before use.

Scraping, copying, or harvesting data from the platform without authorization is strictly prohibited and may constitute unlawful access. This includes compiling data provider identities, contact details or listings for use outside Opendatabay.

Redistributing purchased data products is forbidden if the license explicitly restricts redistribution.

All illegal activities, including unauthorized use, redistribution, or sale of data, will be reported to relevant authorities.

All images included in data products or user profiles must be licensed or authorized for use by the uploader.

Opendatabay reserves the right to remove unauthorized or infringing content.

Opendatabay, its affiliates, officers, employees, and partners shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising from your use of the platform.

This includes errors, inaccuracies, omissions, loss of data, profits, or business interruption.

Users acknowledge that data products may come from third-party sources, and Opendatabay does not guarantee accuracy.

Users use all content at their own risk.

Users agree to indemnify, defend, and hold harmless Opendatabay from any claims, liabilities, damages, losses, or expenses arising from their use or violations of these Terms.

Any dispute, controversy, or claim arising out of or relating to these Terms or your use of Opendatabay shall first be attempted to be resolved through good-faith negotiations between the parties.

If a dispute is not resolved through negotiation within 30 days, either party may bring proceedings in the courts set out in the Governing Law section.

For Consumer Users (Users who are not Business Users): you retain all statutory rights under UK/EU consumer protection law.

All use of personal and business data is governed by our Privacy Policy.

We may share necessary information with service providers, data partners, or authorities when legally required.

All content on Opendatabay, including text, graphics, logos, images, software, data products, and other materials, is the property of Opendatabay, its Data Providers, or its Licensors.

Content may only be used for personal or business purposes according to the Terms and applicable dataset-specific licenses.

Unauthorized reproduction, distribution, modification, or derivative works are strictly prohibited.

Payments for data products or services are processed through secure payment processors. We do not store payment card details.

Users are responsible for accurate payment information and timely payments.

Refunds are not available for one-off purchases of digital products or services once access has been granted.

This Agreement is governed by the laws of England and Wales, without regard to conflict of law principles. Any disputes arising out of or relating to this Agreement shall be resolved exclusively in the courts of London, England.

Opendatabay may update these terms. We will give registered users at least thirty (30) days’ notice of any material change by email, and the change takes effect at the end of that period. Continued use after a change takes effect constitutes acceptance. No change applies retrospectively to any purchase already made.

For any concerns, contact our General Support at: support@opendatabay.com

Listing: The Data Provider agrees to list individual data products on Opendatabay according to platform guidelines. Each data product constitutes a separate agreement, which incorporates the Data Provider (Seller) Agreement.

Quality and Accuracy: All data products must be accurate, complete, lawful, and clearly described. Any known limitations or biases must be disclosed.

Licensing for Self-Serve Sales: For each Self-Serve Sale, the Data Provider grants the buyer the rights specified in the license selected for that data product.

Licensing for Brokered Transactions: For each Brokered Transaction, the Data Provider grants Opendatabay the licence set out in the Brokered Transactions section of the Data Provider (Seller) Agreement, within the scope confirmed in the Transaction Confirmation. Opendatabay acts as principal and licenses the buyer on its own terms.

License Requirement: Each data product must have a clearly defined license for Self-Serve Sales. The Data Provider is responsible for selecting the license, choosing from:

• Commercial or general Opendatabay AI and LLM Training License
• Other standard data licenses available on the platform
• Custom License: If none of the above apply, provide a URL or description of your own custom license Datasets without a clear license are not covered under this agreement and may not be listed or brokered.

Brokerage Authorization: By default, the Data Provider authorizes Opendatabay to act as a non-exclusive broker for the specific data product, allowing Opendatabay to offer it to multiple buyers or channels. The Data Provider may elect exclusive brokerage for a data product by providing written confirmation, specifying the scope (channels, geographies, buyer segments) and duration of exclusivity. All exclusivity requests must be agreed in writing by Opendatabay.

Third-Party Marketing: Opendatabay may offer the data product for sale or licensing to third parties, including other marketplaces, AI/LLM providers, or corporate buyers. Self-Serve Sales are made at the price listed by the Data Provider. Brokered Transactions are made at the Provider Price agreed in the Transaction Confirmation, and Opendatabay sets its own price to the buyer.

Data Product-Level Agreement: Brokerage authorization is valid only for data products explicitly listed unless a separate agreement is made. Opendatabay cannot broker data products not listed unless authorized by the Data Provider through a separate agreement.

Revocation: The Data Provider may revoke brokerage authorization for a specific data product by delisting it or by written notice to Opendatabay. Delisting stops new Self-Serve Sales immediately. Opendatabay may complete any offer already made to a buyer for thirty (30) days after the notice, and any Brokered Transaction confirmed before revocation must be performed. Revocation does not affect any sale already made, any licence already granted, or the obligations in the Brokered Transactions and Nature of the Platform and Commission on Introduced Business sections of the Data Provider (Seller) Agreement.

Pricing: The Data Provider sets the price or pricing model for each data product for Self-Serve Sales. Opendatabay may review or suggest modifications to ensure market alignment and competitiveness.

Listing Fees and Charges: By listing a data product, the Data Provider acknowledges and agrees to the Opendatabay Platform Fees & Commission Schedule. This document details all applicable fees, commissions, and charges associated with listing, marketing, and brokering data products, and the payout terms that apply. The Fees & Commission Schedule is incorporated into these Brokerage & Listing Terms by reference and forms part of this agreement.

Delivery Methods: Access to data products must be provided via download, API, email, data room, or other mutually agreed methods. The Data Provider is responsible for the security, availability, and integrity of the data.

Promotion: Opendatabay may feature, advertise, or promote data products and provider profiles to increase visibility and sales potential for both the marketplace and the data provider.

Usage of Profile Info: Names, profiles, and data product metadata including publicly visible samples (excluding the actual data asset) may be used for marketing without additional consent.

Opt-Out: Data Providers may request exclusion from specific promotional activities; however, Opendatabay retains final discretion over how data product listings are displayed, including whether a data product is displayed publicly, to registered users only, or under an Opendatabay reference without the provider name.

Discoverability: Data listings, descriptions, and metadata may be indexed publicly and made accessible via third-party channels, including LLMs and other marketplaces, for the purpose of discovery of data products through Opendatabay.

No Guarantee: Marketing does not guarantee sales or specific results.

Warranties, indemnities and limitations of liability between the Data Provider and Opendatabay are set out in the Data Provider (Seller) Agreement and apply to each data product listed under these terms.

Term: Agreement for a data product begins on the listing date and continues as long as it remains listed.

Termination for Convenience: Either party may terminate the listing with 30 days’ notice.

Effects: Upon termination, Opendatabay will cease brokerage for that data product, subject to the Revocation terms above, and the provider must ensure delivery of any pending sales. Termination does not affect any licence already granted, any Brokered Transaction confirmed before termination, the continuity, withdrawal and model survival obligations in the Data Provider (Seller) Agreement, or Opendatabay’s entitlement to commission on Introduced Transactions.

These terms are subject to the order of precedence set out in the Data Provider (Seller) Agreement. If there is any conflict between these terms and that Agreement, that Agreement prevails.

This Agreement is governed by the laws of England and Wales, without regard to conflict of law principles. Any disputes arising out of or relating to this Agreement shall be resolved exclusively in the courts of London, England.

Opendatabay may update these terms. We will give at least thirty (30) days’ notice of any material change by email to registered Data Providers, and the change takes effect at the end of that period. Continued use after a change takes effect constitutes acceptance. No change applies retrospectively to any sale or Brokered Transaction already concluded.

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 license the data as described in your listing and in the Data Provider (Seller) Agreement
• The data was collected through legal and ethical means
• You have maintained proper records of data collection methods, sources and, where applicable, consent
• You have the authority to grant the licenses specified in your listing
• The listing accurately discloses whether the data contains Personal Data

Further warranties apply to each Brokered Transaction, as set out in the Data Provider (Seller) Agreement.

Data Products may contain Personal Data, including images, video or voice of identifiable people, only where:

• The data was collected lawfully, with a valid lawful basis (including consent where required) that covers training, fine-tuning, testing and evaluating AI and machine learning models, transfer outside the country of collection, and onward licensing to buyers and their End Clients
• Each person was given clear information about these uses and, where consent is the basis, can withdraw it
• You hold records of the lawful basis and, where consent is the basis, of the consent given
• The presence of Personal Data is disclosed in the listing

Where consent is the basis, records should identify for each contributor, as a minimum, a pseudonymous contributor ID, the version of the consent text presented, the language, and the date and time of consent.

Data in which children under 18 are the subject, or in which children can be identified, may be listed only where verifiable consent of a parent or guardian covering the uses above is held, and its presence is disclosed in the listing.

Special category data (including health, biometric data used to identify a person, racial or ethnic origin, religious or political beliefs, or sex life or sexual orientation) may be listed only where explicit consent or another applicable lawful condition covering the uses above is held, and its presence is disclosed in the listing.

Personal Information and Identity Data:

• Personal Data that does not meet the requirements of the Data Containing People section
• Email addresses, phone numbers, or contact information databases
• Social security numbers, government IDs, or other official identification
• Medical or health records that identify individuals
• Financial information or credit card data

Restricted Data Sources:

• Data collected without a valid lawful basis, including consent where required
• Data scraped from websites in violation of their terms of service
• Data obtained through unauthorized access or breach
• Stolen or illegally obtained data products
• 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 Providers must maintain high standards of data quality and provide proper verification of their data sources. The following requirements must be met:

Source Documentation:

• Maintain clear documentation of data collection methods
• Provide proof of data ownership or licensing authority upon request
• Document any data processing or transformation steps
• Maintain records of lawful basis and 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

Data Providers are responsible for ensuring that their data products comply with all applicable laws and regulations, including:

Regulatory Compliance:

• UK GDPR and EU GDPR compliance
• 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, licensing authority, lawful basis or consent
• Conduct data quality audits
• Remove non-compliant data products
• Suspend or terminate accounts violating these terms
• Report violations to appropriate authorities

Violations of these terms may result in:

• Immediate removal of listed data
• Account suspension or termination
• Withholding of pending payments relating to the affected data product while Opendatabay investigates, and set-off of any amount you owe Opendatabay
• Legal action where applicable
• Reporting to relevant authorities

Your indemnity to Opendatabay, and the limits that apply to it, are set out in the Data Provider (Seller) Agreement.

If a Data Consumer or another user identifies any issues related to the data products 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 data product in question.

In the event of a dispute between the Data Provider and a buyer arising from a Self-Serve Sale, Opendatabay will act as a neutral intermediary to facilitate resolution, but does not assume liability for that dispute. Disputes relating to Brokered Transactions are governed by the Data Provider (Seller) Agreement.

These terms are subject to the order of precedence set out in the Data Provider (Seller) Agreement. If there is any conflict between these terms and that Agreement, that Agreement prevails.

This Agreement is governed by the laws of England and Wales, without regard to conflict of law principles. Any disputes arising out of or relating to this Agreement shall be resolved exclusively in the courts of London, England.

Opendatabay may update these terms. We will give at least thirty (30) days’ notice of any material change by email to registered Data Providers, and the change takes effect at the end of that period. Continued use after a change takes effect constitutes acceptance.

Listing on Opendatabay is free. Opendatabay applies a tiered commission structure on Self-Serve Sales, API calls, and data access fees. The applicable commission decreases progressively as the transaction value increases, providing lower effective rates for higher-value transactions.

The applicable fee is calculated based on the individual transaction value, not on monthly or cumulative sales.

The commission schedule is:

For transaction values within a range, the applicable percentage is determined progressively within that range. The exact fee and resulting seller payout are displayed when a Data Provider sets or updates a product price.

After deducting the applicable platform fee, the remaining balance is paid to the Data Provider.

The commission schedule above does not apply to Brokered Transactions. For each Brokered Transaction, you receive the Provider Price agreed in the Transaction Confirmation, paid in accordance with the Data Provider (Seller) Agreement. Opendatabay sets its own price to the buyer.

Opendatabay may also agree different commercial terms for bespoke brokerage or enterprise transactions where agreed separately in writing.

Commission is payable on every Introduced Transaction concluded outside the Platform, at the rate in the commission schedule above that would have applied had the transaction been concluded through the Platform as a Self-Serve Sale, calculated on the total contract value, as set out in the Data Provider (Seller) Agreement.

Payouts for Self-Serve Sales are made to your verified business account within [30] days of the end of the month in which the sale was completed, provided your balance is at least [$50]. Balances below that amount carry forward.

Where a Self-Serve Sale is refunded or reversed, including by chargeback, the payout for that sale is reversed or set off against future payouts.

Opendatabay may set off any amount you owe it, including commission on Introduced Transactions, against any payout.

This Agreement is governed by the laws of England and Wales, without regard to conflict of law principles. Any disputes arising out of or relating to this Agreement shall be resolved exclusively in the courts of London, England.

Opendatabay may update this Schedule. We will give at least thirty (30) days’ notice of any change to commission rates or payout terms by email to registered Data Providers, and the change takes effect at the end of that period. No change applies to any sale or Brokered Transaction already concluded.