legal / seller
Data Provider (Seller) Agreement
Read our Data Provider (Seller) Agreement below to learn more about the terms and conditions for using Opendatabay as a data provider.
Last Updated: October 6, 2026
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.
Data Provider / Seller / You: refers to the registered business, organization, or legal entity listing or selling datasets on Opendatabay.
Data Product / Dataset: refers to any dataset, data bundle, or collection listed on Opendatabay by a Data Provider.
Self-Serve Sale: refers to a purchase of a Data Product completed by a buyer through checkout on the Opendatabay platform.
Brokered Transaction: refers to any supply or licensing of your data arranged by Opendatabay other than a Self-Serve Sale, including under a quotation, order form, statement of work, exhibit or other agreement between Opendatabay and a buyer.
End Client: refers to the person for whom a buyer acquires data, where the buyer acts as an intermediary.
Agreement
By registering as a Data Provider and using Opendatabay, you agree to comply with this Data Provider (Seller) Agreement.
Only registered businesses, organizations, or legal entities may supply data. Opendatabay conducts due diligence (KYC/KYB) before approval. Providers must supply accurate company information, including legal ID, address, and contact details. Opendatabay may reject or remove suppliers that fail verification or provide misleading information. Providers must create a separate account if they intend to purchase/download datasets as a consumer.
You must own the rights to the data or have permission to license it as described in this Agreement. All data must be collected lawfully and in compliance with UK GDPR, GDPR, CCPA, and other applicable laws. Uploading illegal, stolen, unlawfully scraped, or unconsented data is strictly prohibited. Any violation may result in removal and reporting to authorities.
You are fully responsible for all uploaded content. Illegal or infringing data exposes you to legal liability. Opendatabay reserves the right to cooperate with authorities, pursue damages, or take legal action.
By listing data, you acknowledge the fee structure and payment processing outlined in the Fees page. Fees are non-refundable. Payouts are made only to verified business accounts.
Before uploading datasets, you may be asked to confirm your rights to list and sell the data, as explained in the Right to List and Sell Data page.
Your provider profile and dataset listings are published on Opendatabay for the purposes set out in the Nature of the Platform and Commission on Introduced Business section below. You are responsible for the accuracy of displayed information. Listings, samples and files supplied through Opendatabay must not contain contact details, external links, or watermarks or metadata directing buyers to you outside Opendatabay. Opendatabay may use your name, banners, and public product info for marketing, listings, and social media.
Metadata including provider names, product titles, and descriptions may be visible to AI models, crawlers, or search agents for the purpose of discovery of Data Products through Opendatabay. Raw datasets are never exposed unless explicitly public.
Restrictions & Responsibilities
Providers must not upload illegal, malicious, unlicensed, infringing, or harmful content.
Providers must not attempt to bypass platform rules or circumvent Opendatabay in respect of any Introduced Transaction.
Providers must not exploit platform bugs, reverse engineer APIs, or scrape data beyond intended use.
Providers may deliver datasets via download, API, email, or other agreed methods. Ensure datasets are complete, safe, and accurately described.
Opendatabay may audit data sources or request documentation. Providers must cooperate with investigations.
Providers are responsible for all activity under their provider account. You must maintain accurate company information and credentials. Separate accounts are required for buying/downloading data.
Opendatabay may suspend or terminate your access if you violate this Agreement or engage in harmful behavior. Account activity may be disclosed to authorities as required.
Nature of the Platform and Commission on Introduced Business
1. Nature of the Platform. Opendatabay is a brokerage and licensing marketplace. It is not a directory or advertising service. Your provider profile and listings are published solely to promote the sale and licensing of your Data Products through Opendatabay. Publication does not invite or authorise any person to deal with you directly in respect of business introduced through Opendatabay.
2. Consideration. Listing on Opendatabay is free of charge. In return, you agree that Opendatabay is entitled to commission on every Introduced Transaction, wherever and however it is concluded.
3. Definitions. In this section:
- Platform Buyer means any person who: (a) purchases or licenses any of your Data Products through Opendatabay; (b) downloads a sample of, enquires about, requests a quotation for, or responds through a data request in respect of, any of your Data Products, or follows a link from Opendatabay to your website; or (c) is identified to you by Opendatabay, or identifies itself to you, as having found you through Opendatabay; together with its Affiliates and, where it acts as an intermediary, any End Client known to you to have received your data through it.
- Relevant Data means data of the same modality as the Data Product through which the Platform Buyer was introduced or, where the introduction was through your provider profile, as the Data Products listed on your profile at that time (for example, egocentric video), including updates, additional volume, modified versions and any new or commissioned collection, irrespective of setting, task, language or volume.
- Introduced Transaction means any agreement under which you, or anyone acting for you, supply or license Relevant Data to a Platform Buyer outside Opendatabay within: (i) twenty-four (24) months of that Platform Buyer’s most recent purchase through Opendatabay; or (ii) where no purchase has been made, twelve (12) months of the date that Platform Buyer was first introduced.
- Affiliate means any entity that controls, is controlled by, or is under common control with another entity.
4. Commission. For each Introduced Transaction, you shall pay Opendatabay the commission that would have been payable under the Platform Fees & Commission Schedule had the transaction been concluded through Opendatabay as a Self-Serve Sale, calculated on the total contract value. Commission is due within thirty (30) days of the Introduced Transaction being concluded.
5. Your obligations. You shall: (a) refer any approach from a Platform Buyer concerning Relevant Data to Opendatabay; (b) notify Opendatabay in writing within fourteen (14) days of concluding any Introduced Transaction; and (c) keep records of Introduced Transactions and provide them to Opendatabay on reasonable request.
6. Exclusions. This section does not apply to: (a) any person with whom you had a documented pre-existing relationship, notified to Opendatabay in writing within fourteen (14) days of the introduction; or (b) any data that is not Relevant Data. Nothing in this Agreement makes you exclusive to Opendatabay or restricts you from listing on any other platform.
7. Attribution. Where you know, or are informed by the Platform Buyer or by Opendatabay, that an enquiry or opportunity originated through Opendatabay (including through a listing, profile, sample, enquiry, data request or a link from Opendatabay to your website), you shall notify Opendatabay in writing within fourteen (14) days and treat the enquiry as made by a Platform Buyer. You shall not ask or encourage any person to withhold or conceal that an enquiry originated through Opendatabay.
8. Platform records. Where Opendatabay’s records show that a person downloaded a sample of, enquired about, requested a quotation for, or followed a link from Opendatabay to, any of your Data Products, your profile or your website, and you subsequently conclude a transaction for Relevant Data with that person within the periods set out in paragraph 3, that transaction is presumed to be an Introduced Transaction unless you show, by documented evidence, that the opportunity arose independently of Opendatabay.
9. Approaches by Platform users. You shall notify Opendatabay within fourteen (14) days of any approach from a person you know to be a user of Opendatabay proposing that you supply Relevant Data outside Opendatabay. Any transaction resulting from such an approach is an Introduced Transaction.
10. Failure to report. If you fail to notify Opendatabay of an Introduced Transaction as required: (a) commission is payable from the date the transaction was concluded, with interest at four percent (4%) per annum above the Bank of England base rate; (b) you shall reimburse Opendatabay’s reasonable costs of establishing and recovering the commission; and (c) Opendatabay may suspend your listings until the commission is paid.
11. Survival. This section survives delisting of any Data Product and termination of your account or of this Agreement for the periods stated in it.
Brokered Transactions
1. Application. This section applies to every Brokered Transaction. Self-Serve Sales are governed by the licence you select for the Data Product under the Brokerage & Listing Terms.
2. Transaction Confirmation. Before including your data in a Brokered Transaction, Opendatabay may ask you to confirm in writing (including by email): the files to be supplied (the Supplied Files); the permitted use, territory and duration, and onward licensing through any intermediary to an End Client identified by name or description (the Confirmed Scope); the price payable to you (the Provider Price); and any special terms. Your written confirmation is a Transaction Confirmation. Opendatabay will not include your data in a Brokered Transaction unless you confirm. A qualified or partial confirmation applies only if Opendatabay accepts it in writing. Each Transaction Confirmation forms a supplemental agreement between you and Opendatabay for the Supplied Files and the transaction it identifies.
3. Opendatabay as principal. In a Brokered Transaction, Opendatabay acquires a licence from you at the Provider Price and supplies the buyer as principal at a price it sets. The price payable by the buyer, the identity of the buyer and any End Client, and the other terms agreed with the buyer are Opendatabay’s Confidential Information, and you are not entitled to them.
4. Licence to Opendatabay. On each Transaction Confirmation, you grant Opendatabay a non-exclusive, worldwide, transferable licence to host, store, reproduce, modify, create derivative works from, distribute and license the Supplied Files within the Confirmed Scope, with the right to sublicense through one or more intermediaries to the End Client. Once Supplied Files are delivered, that licence and every sublicence granted under it are perpetual and irrevocable, subject only to paragraph 6(d). Non-payment does not entitle you to revoke any licence or sublicence granted to a buyer or End Client; your remedy is a claim for the Provider Price. Ownership of the Supplied Files remains with you or your licensors.
5. Warranties. You warrant to Opendatabay, on each Transaction Confirmation and again on each delivery of Supplied Files, that: (a) you are a duly registered legal entity with authority to enter into the Transaction Confirmation; (b) you are the owner of and/or have duly acquired intellectual property rights and all other necessary rights in and to the Supplied Files, and have the unconditional and irrevocable right to grant the licence in paragraph 4, provided that, to the extent such rights are based on a data subject’s consent under the GDPR or other applicable data protection law, that consent remains revocable by the data subject as a matter of law, and this warranty shall not be construed as overriding such right of revocation; (c) the Supplied Files were collected lawfully and, where they contain personal data (including images, video or voice of identifiable people), a valid lawful basis exists, including consent where required, that covers training, fine-tuning, testing, evaluating and benchmarking AI and machine learning models, transfer outside the country of collection, and onward licensing through intermediaries to End Clients, and all required notices have been given; (d) the Supplied Files are not subject to any exclusive licence, restriction or obligation that conflicts with the Confirmed Scope; (e) use of the Supplied Files within the Confirmed Scope will not infringe any intellectual property, privacy, publicity, confidentiality or other right of any person; and (f) you hold, and will keep for at least six (6) years, records of collection, consent and chain of title for the Supplied Files.
6. Continuity, withdrawal and model survival. (a) For twelve (12) months from delivery of Supplied Files, you shall not grant any exclusive licence over those files to any third party, or enter into any arrangement or withdraw those files in a manner that conflicts with their continued non-exclusive licensing through Opendatabay. (b) You shall give Opendatabay at least thirty (30) days’ written notice of any proposed exclusivity, restriction or withdrawal affecting any Supplied Files or listed Data Products. (c) Licences and sublicences granted through Opendatabay before any withdrawal survive in full. (d) If a data subject withdraws consent affecting any Supplied Files, you shall notify Opendatabay in writing within five (5) business days, identifying the affected files, and Opendatabay will pass that notice to the buyer as its agreement with the buyer requires. (e) Withdrawal of files or consent, delisting, expiry or termination does not require Opendatabay, any buyer or any End Client to delete, retrain or disable any model trained on Supplied Files before the withdrawal took effect, except where applicable law requires it.
7. Documentation. Within five (5) business days of request, you shall provide Opendatabay with documentation of collection methods, consent and chain of title for any Supplied Files. Opendatabay may disclose that documentation to the buyer, the End Client and their auditors under obligations of confidentiality. Opendatabay will refer to Supplied Files by dataset reference rather than your name where it reasonably can.
8. Payment. Opendatabay shall pay the Provider Price within fourteen (14) days of receiving cleared funds from the buyer for the relevant Supplied Files, pro rata where the buyer pays in instalments. Opendatabay is not liable to pay any amount it has not received. Where the buyer withholds, sets off, reduces or recovers any amount (including for rejection, delay, credits, refunds or liquidated damages) to the extent attributable to your data or your act or omission, the Provider Price is reduced accordingly. Where a buyer fails to pay for delivered Supplied Files, Opendatabay will use reasonable endeavours to recover the amount due and will pay you your share of any amount recovered.
9. Commissioned collection. Data newly collected to the specification of a buyer or of Opendatabay is governed by a separate Collection Order signed by you. Except for the Nature of the Platform and Commission on Introduced Business section and the Confidentiality section, this Agreement does not apply to commissioned collection unless the Collection Order says so.
10. Survival. This section survives delisting of any Data Product and termination of your account or of this Agreement in respect of every Brokered Transaction confirmed before it.
Confidentiality
1. Obligation. Each party shall keep the other party’s Confidential Information confidential and use it only for the purposes of this Agreement. Confidential Information means: for Opendatabay, the identity of any buyer or End Client, the prices, margins and terms of any transaction, and the contents of any Transaction Confirmation; and for you, non-public information about your data, sources, collection methods and pricing.
2. Permitted disclosure. Opendatabay may disclose your identity, the fact that you supplied identified Supplied Files, and documentation provided under the Brokered Transactions section to buyers, End Clients, their and Opendatabay’s Affiliates, auditors, insurers and professional advisers, and as required by applicable law or by Opendatabay’s agreement with a buyer, in each case on a need-to-know basis and subject to obligations of confidentiality. Either party may disclose Confidential Information as required by law.
3. Exceptions. Information is not Confidential Information if it is or becomes public other than through breach of this Agreement, was lawfully known to the receiving party before disclosure, or is independently developed or lawfully received from a third party without restriction.
4. Survival. This section survives termination of this Agreement for three (3) years.
Indemnification & Liability
1. Authority. Each party warrants that it has the legal right and authority to enter into and perform under this Agreement.
2. Your indemnity. You shall indemnify Opendatabay and keep it indemnified against all losses, liabilities, damages, costs (including reasonable legal costs) and amounts payable to any buyer or End Client (including under any indemnity Opendatabay has given them), arising from: (a) any claim that a Data Product or any Supplied Files, or their supply, licensing or use within the Confirmed Scope or the licence selected for a Self-Serve Sale, infringes any intellectual property right or breaches data protection law, consent, privacy, publicity, confidentiality or any other right of any person; (b) any breach of your warranties; or (c) any unlawful content you supply.
3. Conduct of claims. Opendatabay shall notify you promptly of any claim under paragraph 2 and you shall provide all reasonable assistance. Where Opendatabay’s agreement with a buyer gives conduct of the defence to the buyer or to Opendatabay, conduct follows that agreement. Otherwise, you may conduct the defence with Opendatabay’s consent, not to be unreasonably withheld, and shall not settle any claim without Opendatabay’s prior written consent.
4. Opendatabay’s indemnity. Opendatabay agrees to indemnify and hold harmless the Data Provider against third-party claims arising from Opendatabay’s material misrepresentation, payment processing errors, or security failures within its controlled systems.
5. Unlimited liability. Nothing in this Agreement limits: (a) liability that cannot be limited by law, including for fraud, wilful misconduct, death or personal injury; (b) your liability under paragraph 2 and for breach of your warranties, in respect of any Brokered Transaction; (c) either party’s liability for breach of the Confidentiality section; or (d) any commission, interest or costs payable to Opendatabay under the Nature of the Platform and Commission on Introduced Business section, which are debts.
6. Your liability cap. Subject to paragraph 5, your total aggregate liability under this Agreement in respect of any Data Product shall not exceed the total amounts paid or payable to you for that Data Product in the twelve (12) months preceding the event giving rise to the claim.
7. Opendatabay’s liability cap. Subject to paragraph 5, Opendatabay’s total aggregate liability under this Agreement shall not exceed the commission received by Opendatabay in respect of the Data Product concerned in the twelve (12) months preceding the event giving rise to the claim. This does not limit Opendatabay’s obligation to pay you amounts it has received for your sales.
8. Recoverable loss. Amounts payable by Opendatabay to buyers or End Clients, and costs of defending their claims, are recoverable under paragraph 2 and are not excluded as indirect or consequential loss.
Data Retention and Deletion
We retain user and dataset information only as long as necessary:
- User account data is deleted within 48 hours of a verified deletion request, but may be retained for up to 100 days for compliance and audit purposes.
- Deleted datasets are permanently removed from our systems; only minimal metadata may persist for up to 100 days. Deletion does not affect any licence already granted.
- Records of transactions and of interactions with your Data Products and profile (including sample downloads, enquiries, quotation requests and links followed to your website), and records of Brokered Transactions, are retained for at least twenty-four (24) months, or for longer where needed to perform Brokered Transactions, establish or recover commission, or establish or defend legal claims, notwithstanding any deletion request.
Order of Precedence
If there is any conflict between the documents that apply to you as a Data Provider, they apply in the following order: (1) any separate written agreement signed by Opendatabay, including a Collection Order; (2) a Transaction Confirmation, for the Brokered Transaction it covers; (3) this Data Provider (Seller) Agreement; (4) the Brokerage & Listing Terms, including the Platform Fees & Commission Schedule; (5) the Right to List and Sell Data; and (6) the Terms of Service.
Governing Law & Updates
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. Each Brokered Transaction is governed by the version in force on the date of its Transaction Confirmation, and no change applies retrospectively to any sale, Brokered Transaction or Introduced Transaction already concluded.
Contact Information
For any concerns, contact our General Support at: support@opendatabay.com
Please Note: This policy is effective as of October 6, 2026