Provider Agreement
Welcome to DataDepot! We’re excited to be a part of your research journey.
This Provider Agreement (“Agreement”) is a binding contract between you and DataDepot, Inc. (“we”, “us”, “our”). It contains the rules and restrictions that govern your use of DataDepot’s products and services (referred to below simply as “DataDepot”) to distribute your research and any content therein. If you use DataDepot for this purpose, you are a Provider and will need to create a Provider account. In this Agreement, we refer to people that purchase your research as Explorers.
Using DataDepot in any way means that you agree to this Agreement, and this Agreement will remain in effect while you use DataDepot. This Agreement includes everything in this document, as well as those in the Terms of Use, Privacy Policy, Content Guidelines, and all other rules and procedures that may be published from time to time by us on DataDepot. In the event any conflict between this Agreement and any other terms and conditions you have agreed to with DataDepot, this agreement will prevail with respect to its subject matter.
You must be of legal age to form a binding contract to use DataDepot. If you are not, you need to get your parent’s or guardian’s permission to use DataDepot, and your parent or guardian will agree to this Agreement on your behalf.
If you’re agreeing to this Agreement on behalf of an organization or entity, you must be authorized to agree to this Agreement on that organization or entity’s behalf and bind them to this Agreement (in which case, the references to “you” and “your” throughout this document refer to that organization or entity).
If you do not agree to all of the following, you may not use or access DataDepot in any manner. If you have any questions, comments, or concerns regarding the Agreement or our products and services, please contact us at support@datadepot.xyz.
Ownership:
At DataDepot, your ownership rights are a top priority. Any original data, research, or content you upload, share, store, or otherwise provide to DataDepot remains your property, safeguarded by copyright and any other applicable intellectual property laws.
However, by partnering with us, you agree to grant DataDepot a limited license to your content. This is essential for us to effectively operate the platform and includes the following permissions:
- Marketing and Promotion: You grant us a worldwide, nonexclusive, sublicensable, royalty-free, fully paid-up, transferable right to market your datasets and research. This allows us to promote your content within DataDepot, enhancing its visibility and reach to a broader audience.
- Access and Use: You permit us and other DataDepot users to access, utilize, and, where applicable, download your content in accordance with the terms set on your listings. If no additional terms are set in a listing description limiting use, a user will have standard access to the content which is outlined in our Terms of Use policy.
- Branding and Identity: As part of our marketing efforts, you allow us to use your trade name(s), trademark(s), and logo(s) in connection with the distribution and marketing of your content on DataDepot.
This limited license is intended to empower you as a provider on our platform, aiding in the success and dissemination of your work.
Pricing and Payments:
As a provider on DataDepot, you have the flexibility to offer your datasets and research either for free or at a subscription fee, which you determine at your discretion. You are empowered to set and adjust the prices for your content through your provider account. Please note, however, that price changes will not be applied retroactively.
Should you choose to charge for your content, the following terms apply:
- No Circumvention: It’s essential that all payments from users are processed only through the methods we specify, which include using a designated third-party payment processing platform (“Payment Processor”). Circumventing this process, such as directly soliciting payments from users outside of DataDepot or using alternative payment methods (like direct links to PayPal or other services), is not allowed. Any attempt or offer to circumvent this process should be immediately reported to us at support@datadepot.xyz.
- Tax Responsibility: You are solely responsible for all applicable federal, state, local, and foreign taxes, duties, tariffs, levies, withholdings, and similar assessments related to your transactions on DataDepot. This includes, but is not limited to, sales, use, and value-added taxes.
- Revenue Share Agreement: By offering your content on DataDepot, you agree to our revenue share model. You will owe us a percentage of the total amount charged to users after any deductions by the Payment Processor. The specific revenue share percentage is agreed upon during the registration of your provider account and may change at DataDepot’s discretion.
- Revenue Share Payment: Throughout the duration of this Agreement, the Payment Processor will handle the revenue share payments owed to us based on your transactions with users. You agree to these payment terms and acknowledge that all revenue share payments are non-refundable.
- Provision of Information: You are required to provide all necessary data or information about yourself and your content upon request. This includes payment and tax identification information, which must be kept accurate and up-to-date.
Relationships with Explorers:
As a provider on DataDepot, you agree to the following rules regarding your interactions with Explorers and other users:
- Sole Responsibility: You are solely responsible for any datasets, research, or content you distribute through DataDepot and the consequences of your actions in doing so. This includes ensuring the distribution of your content. While DataDepot facilitates this distribution, it does not bear responsibility for your content or its dissemination.
- Removing or Modifying Content: You have the discretion to delete or modify any of your content on DataDepot. However, if you remove or cease to offer content before the end of a paid subscription term of an Explorer, all obligations, including refund responsibilities for the remaining portion of the subscription term, fall solely on you. DataDepot is not obligated to issue refunds to you or Explorers in such cases and retains the right to any revenue share payments already processed. Any content that is removed is subject to a restriction period which notifies and allows any existing purchasers to access the content before it is removed. During this restriction period, new purchases of the removed content will not be allowed. The current restriction period is 14 days from the time of the deletion request. During this period, Providers may also reinstate their deleted listings before the 14-day period has completed, doing so will make the content active again on the platform for new and existing Explorers to discover and purchase. If a Provider terminates their service or removes their content before the end of a paid subscription period, we may offer Explorers a pro-rated refund. This refund will correspond to the portion of the subscription that was paid for but not delivered. The refund amount will be calculated based on the remaining duration of the subscription from the point of service termination, proportional to the total subscription price.
- Dispute Resolution: In the event of a dispute between you and an Explorer or any other user regarding payments or other issues, DataDepot is not required to become involved. We hold no liability for your relationship with users and will not provide legal advice on such matters.
- Reporting a User: Should you encounter a user violating DataDepot’s Terms of Use, you can report this by emailing support@datadepot.xyz. Upon receiving your written notice of the violation, we will assess the situation and determine whether the user’s access to your content or to DataDepot should be suspended or terminated, at our sole discretion.
- Support and Communication: You must provide a current email address to DataDepot for any inquiries from Explorers and other users regarding your content. This contact information should be kept up to date to ensure effective communication.
Content Quality, Authorization, and Compliance:
As a provider on DataDepot, you play a crucial role in maintaining the integrity and quality of our marketplace. To ensure a positive experience for all users, we require adherence to the following standards and responsibilities:
- Content Quality and Accuracy: You are responsible for ensuring the accuracy and quality of the datasets and research you list on DataDepot. This includes providing clear, truthful descriptions and ensuring that the data is reliable and up-to-date. Regular audits of your content for accuracy and relevance are encouraged.
- Authorization to Distribute and Monetize: By listing content on DataDepot, you affirm that you have the legal right and authorization to distribute and monetize the data you provide. This includes owning the content or having explicit permission from the rightful owner to use it for commercial purposes. You must ensure your content does not infringe on any copyright, intellectual property rights, or other proprietary rights of third parties.
- Privacy and Data Protection Compliance: You agree to abide by all applicable privacy laws and data protection regulations relevant to your business. This includes any laws governing the handling of personal or sensitive data that may be part of your datasets. You are expected to have adequate measures in place to protect the privacy and security of any such data.
- Updating and Maintaining Listings: You are responsible for keeping your listings on DataDepot up-to-date. This includes accurate pricing, descriptions, and dataset information. Regularly reviewing and updating your listings ensures Explorers have access to the most current and relevant data.
- Adherence to DataDepot Policies and Guidelines: You agree to comply with all policies and guidelines established by DataDepot. This includes content standards, ethical considerations, security protocols, and any other directives that govern the operation and use of the DataDepot platform.
- Responsible Data Handling: When handling and presenting data, especially data that could be sensitive or confidential, you are expected to exercise utmost responsibility and discretion. This includes anonymizing data where necessary and being transparent with Explorers about the nature of the data.
- Proactive Engagement and Feedback: We encourage proactive engagement with Explorers, responding to inquiries and feedback in a professional and timely manner. Your responsiveness to user concerns and suggestions contributes significantly to the quality of the DataDepot experience.
By adhering to these guidelines, you help us foster a trusted, valuable, and legally compliant marketplace for all users. Your cooperation is greatly appreciated and is essential in making DataDepot a leading platform for data discovery and research.
Acceptable Use Policy:
As a valued member of the DataDepot community, you are accountable for all your activities on our platform. It’s crucial that your use of DataDepot aligns with all applicable laws and the terms of this Agreement. If your activities on DataDepot contravene any applicable laws, your authorization to use the platform will be revoked. We are not liable for any illegal use of DataDepot by you or any other user.
When using DataDepot, you commit to the following standards of conduct. You shall not:
- Engage in Harmful Activities: You must not use DataDepot in any way that is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or in any manner that violates the ethical and professional standards we uphold.
- Infringe on Others’ Rights: Your use of DataDepot must not infringe, violate, or misappropriate any laws, statutes, ordinances, regulations, or the rights of any third party.
- Avoid Disruptive or Damaging Actions: You are prohibited from interfering with, disrupting, damaging, or accessing in an unauthorized manner the servers, networks, or other properties or services of DataDepot or any third party associated with us.
- Prohibit Malicious Software: The distribution of viruses, trojan horses, worms, time bombs, or any other harmful computer code, files, or programs through DataDepot is strictly forbidden.
Adherence to these guidelines ensures a safe, productive, and legally compliant environment for all our users and partners. By following these guidelines, you help maintain the integrity and quality of the DataDepot platform, ensuring it remains a trusted and valuable resource for data and research.
Terminating Your Account:
At DataDepot, we understand that circumstances change, and you may need to terminate your account. Either party – you as a Provider or Explorer, or we at DataDepot – may terminate this Agreement at any time for any reason. If you decide to terminate your account, please contact us at support@datadepot.xyz. Upon confirmation of your request, your account will be terminated in a timely manner, and your right to use DataDepot will immediately cease.
Likewise, DataDepot reserves the right to terminate, suspend, or restrict your access to or use of our services at any time, for any reason. Reasons for such actions may include, but are not limited to, a breach of any of the terms or conditions of this Agreement, engaging in offensive or unacceptable behavior, publishing objectionable material, or any other actions that violate our specified guidelines. Should such a situation arise, we will make every effort to notify you as soon as reasonably practicable if your access to DataDepot is suspended or substantially limited due to technical or other issues.
You acknowledge and agree that terminating your account may result in the removal of any content you have provided on DataDepot. We also retain the right to immediately halt the distribution and access to your content at our discretion.
Miscellaneous Terms:
No Warranties: DataDepot is provided on an "as-is" basis without any express or implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, or uninterrupted use.
Limitation of Liability: To the fullest extent permitted by law, DataDepot, its licensors, or its suppliers will not be liable for any indirect, special, incidental, consequential damages, or any amount exceeding the greater of $100 or the total paid and/or payable by you to DataDepot in the twelve-month period preceding the claim.
Indemnification: You agree to indemnify and hold harmless DataDepot, its affiliates, officers, agents, employees, and partners from any claims, damages, losses, and expenses arising from your use of DataDepot or your violation of this Agreement.
Choice of Law and Arbitration: This Agreement is governed by the laws of Delaware, without regard to its conflict of law provisions. Disputes arising from this Agreement will be settled by arbitration in Delaware, under the rules of the American Arbitration Association.
No Joint Venture: You are not an employee, agent, partner, or joint venture of DataDepot, and do not have any authority to bind DataDepot in any respect.
Severability and Survival: If any part of this Agreement is found unenforceable, the rest remains in effect. Provisions regarding privacy, responsibilities, indemnification, and others outlined here will survive termination of this Agreement.
Entire Agreement: This Agreement constitutes the entire agreement between you and DataDepot, superseding any prior agreements or understandings.
Changes to this Agreement:
Dynamic Nature of Agreement: We are committed to constantly enhancing our services, which means this Provider Agreement may undergo changes. DataDepot reserves the right to modify this Agreement at any time. We will notify providers of any significant changes through the website, email, or other communication methods.
Acceptance of Changes: If you continue to use DataDepot after the changes become effective, it indicates your agreement to the new terms. Changes made by us will be effective unless agreed upon in writing and signed by both parties.
Concluding Remarks:
We at DataDepot are dedicated to fostering a collaborative and productive environment for our providers and explorers alike. By agreeing to this Provider Agreement, you join us in this commitment to excellence and integrity in the world of data and research. We look forward to a fruitful and positive partnership with you. Should you have any queries or need further clarification regarding this Agreement, please feel free to reach out to us. Together, let’s unlock the potential of data-driven insights and innovations.