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.