Terms and Conditions

Acceptance of the Terms and Conditions of Service

The term “Datafair” means Datafair.xyz Sàrl, acting through its Swiss headquarters.

The following terms and conditions (“Terms”, “Terms and Conditions”, “Terms of Service”) apply to your use of the website of Datafair, Sarl. and its affiliates (“Datafair”, “we” “us” or “our”), including any content, functionality, products, and services offered on or through such website (collectively, the “Website”), whether as a Guest or a Registered User. These Terms also apply to your use of other Datafair services that display or include these Terms (“Services”). In these Terms, the Website and Services are collectively referred to as the “Services.”

Please read these Terms carefully before you start to use the Services. By using the Services, you accept and agree to be bound and abide by these Terms of Service. If you do not want to agree to these Terms of Service, you must not use the Services.

In addition to these Terms, software or services that are included in or otherwise made available to you through the Services may be subject to separate agreement between you and other Datafair users, such as end user license agreements. If these Terms are inconsistent with any such agreements, those agreements will control. You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to access or use the Services for any purpose that is illegal or beyond the scope of the Services’ intended use (in Datafair’s sole judgment).

Datafair is not a backup system for the data stored within its infrastructure. It is therefore the User’s entire responsibility to take all necessary measures to backup their data in case of loss or damage to the provided datasets, regardless of the cause, including causes not explicitly mentioned in these Terms of Service.

Changes to the Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. In addition, you should check this page regularly to take notice of any changes. Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes.

User access

We may withdraw or amend the Services, and any related service or content, or restrict access (including by means of cancellation, termination, or modification, or suspension of a registered user account) to all or certain users (including you) without notice and without liability to you. Additionally, due to your geographic location, the Services or some of their features, services, or content may be unavailable to you.

To access certain Services, you will be asked to provide registration details or other information, and in order to use such resources, all the information you provide must be correct, current, and complete. From time to time, in order to access the Services or certain services, or functionality, Datafair may require some or all users to download updated or additional software. The terms of use of such software may be subject to separate agreement between you and Datafair.

User account security

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential (other than username), and you must not disclose it to others. You must immediately notify Datafair (via piracy@datafair.xyz) of any unauthorized use of your username or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You may only access the Services through your own account. Users do not own their accounts, and gifting or otherwise transferring of accounts or access keys is prohibited.

Intellectual Property Rights

The Services, including all content, features, and functionality thereof, are owned by Datafair, its licensors, or other providers of such material and are protected by international copyright, trademark, patent, and other intellectual property or proprietary rights laws.

Purchasing and Payment Services

Datafair provides payments services to Users, including payment collection services and payment payouts, in connection with and through the Datafair platform (“Payment Services”).

Datafair may restrict the availability of the Payment Services, or certain services or features thereof, to carry out maintenance measures that ensure the proper or improved functioning of the Payment Services. Datafair may improve, enhance and modify the Payment Services and introduce new Payment Services from time to time.

The Payment Services may contain links to and use of third-party websites or resources (“Third-Party Services”). Such Third-Party Services are subject to the Third-Party Services terms and conditions and privacy practices and Users should review them independently (Third-Party payout platform for Sellers, Third-Party payment collection services at checkout). Your access to or use of Third-Party Services may be subject to, or require you to accept, these additional terms and conditions. Datafair Payment Services are not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Datafair Payment Services of such Third-Party Services. If there is a conflict between our Terms and terms and conditions applicable for a specific Third-Party Services, the latter terms and conditions will take precedence with respect to your use of or access to that payment service, unless specified otherwise. You may only use the Datafair Payment Services available to facilitate intended transactions between sellers and buyers on Datafair. You may not use Payment Services to send money to others, to conduct any personal or non-commercial transactions, or for any unlawful or prohibited purposes. You may not use the Payment Services except as authorized by the laws of the jurisdiction in which you reside, and any other applicable laws.

Transaction terms for buyers

  1. Paying a seller for data implies the right to use that item according to a specific license.  The items sold are subject to specific terms of use, and these terms are indicated in the license that is stipulated by the seller. The license also applies to you if you download item that someone else has bought for you. It is your responsibility to understand the implications of the license associated with the item.
  2. You cannot cancel a completed purchase of a license for an item.
  3. The seller retains ownership of the item.
  4. Once you buy or download an item, you acquire a non-exclusive license to use the item under the terms set out in the license (non-exclusive means others might also license the same item).
  5. Your relevant details may be provided to the seller.
  6. If you buy an item as a Guest you will not be able to access download link more than once, if you buy item as a Registered User we will make every effort to provide the link for multiple future downloads. Although, we and the seller do not promise that any particular item will continue to be available on Datafair in perpetuity so you should download and save the item as soon as you buy it.
  7. the payment methods available for buyers via Third-Party Services may involve payment agents that have their own standard terms and conditions regarding refunds, chargebacks, fees and unauthorised transactions. Currency conversions are covered by your financial institution and they may charge you additional fees for transactions.
  8. If Datafair is required to collect indirect taxes (such as sales tax, value-added tax, goods and services tax, etc) under the laws of your state or country of residence, you shall be liable for payment of any such indirect tax. Where Datafair is not required to collect indirect tax from you, you may be required to self-assess said tax under the applicable laws of your country of residence.
  9. In the event that you use fraudulent credit card information or otherwise engage in any criminal activity affecting Datafair, Datafair will promptly file a complaint with the Cybercrime Coordination Unit of Switzerland (CYCO) and the US internet crime complaint center (IC3), a partnership between the Federal Bureau of Investigation (FBI) and the National White Collar Crime Center.

User Contributions

The Services contain various forums, recommendation systems, and other interactive features that allow you to post, submit, publish, display, or transmit  (“Post”) to Datafair and other users content or digital items (“User Contributions”) on or through the Services.

All User Contributions must comply with the following content standards: User Contributions must not be illegal, fraudulent, deceptive, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable, and must not consist of or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam.”

The User Contributions on Datafair are owned by the users, not by us. The User Contributions are uploaded at the direction of the user. We provide the platform services; we do not take ownership of the User Contributions.

Any User Contribution that you Post will be considered non-confidential and non-proprietary, and you grant Datafair a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to publish and display such User Contribution throughout the world in any media; however, Datafair will only share personal information that you provide in accordance with Datafair’s Privacy Policy.

You represent and warrant that you own or otherwise control all of the rights to the User Contributions that you Post at the time of Posting; that the User Contributions are accurate and not fraudulent or deceptive; and that the User Contributions do not violate these Terms or the rights (intellectual property rights or otherwise) of any third party, and will not cause injury to any person or entity. You understand that your User Contributions may be copied by other Services users and discussed on and outside of the Services, and if you do not have the right to submit User Contributions for such use, it may subject you to liability. Datafair takes no responsibility and assumes no liability for any content Posted by you or any third party.

Datafair has the right but not the obligation to monitor and edit or remove any User Contributions. By using the Services, you further acknowledge your understanding that Datafair has no obligation to screen, preview, monitor or approve any Posted content submitted by any of its users or third party providers. Datafair does reserve the right to review and delete any content that, in our sole judgment, violates our Terms of Service.You acknowledge that it is solely your responsibility to evaluate any risks associated with the use, accuracy, usefulness, completeness or appropriateness of any content that you submit, receive, access, transmit or otherwise convey through the Services. Datafair  shall not be liable in any way for any content displayed or otherwise accessible via the Services, including, but not limited to, any errors, omissions, defamatory statements, or confidential or private information (including, but not limited to, health information) in the content or for any loss or damage of any kind incurred as a result of the use of any content submitted, accessed, transmitted or otherwise conveyed via the Services.

Datafair also has the right to terminate your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms.

All Datafair Users must adhere to the Swiss Federal Act on Copyright and Related Rights (CopA).  Datafair will follow the Swiss Internet Industry Association Hosting Code of Conduct guidelines regarding notice and take down.   A notice and take down communication must at least meet the following formal and content-related requirements:

  1. name and address of the sender
  2. explanation of why the sender is particularly affected
  3. URL of the offending web page or sub-page
  4. precise description of the allegedly illegal content
  5. reason why the content is illegal

The notice should be sent to legal@datafair.xyz

Transaction terms for sellers

Terms applied to User Contributions for sale by Sellers on Datafair:

  1. The item is of acceptable quality and fit for the purpose for which it is 'sold'.
  2. The item matches the description given by you on the data listing page, as well as any data preview.
  3. The Seller has rights necessary to license the item on the terms of the applicable license.
  4. The buyer's use of the item in accordance with the terms of the applicable license does not infringe the intellectual property rights of someone else.
  5. The item and its description are not false, inaccurate, misleading, fraudulent, unlawful or defamatory.
  6. The item and its description do not violate any applicable law or regulation (including those governing export control, consumer protection, unfair competition, criminal law, pornography, anti-discrimination, trade practices or secrecy).
  7. The item does not contain viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware.
  8. Where relevant, the Seller has the appropriate release for the item and can produce a copy of that release when requested by us or a buyer of the item.
  9. The Seller is responsible for paying any taxes that apply with the exception of VAT in an EU Member State.

The Seller must also agree to the Seller Terms.

You may link to publicly available portions of the Services if you do so in a way that is fair and does not damage or take advantage of our reputation, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part. The Services must not be framed on any other website or service. We reserve the right to withdraw linking permission without notice.

If the Services contain links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

Disclaimer of Warranties

The Services and all information, content, materials, products (including software), and other services included on or otherwise made available to you through the Services are provided by Datafair on an “as is” and “as available” basis. Datafair makes no representations or warranties of any kind, express or implied, as to the operation of the Services, or the information, content, materials, products (including data and software), or other services included on or otherwise made available to you through the Services. You expressly agree that your use of the Services is at your sole risk. To the full extent permissible by law, Datafair disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Datafair does not warrant that the Services, information, content, materials, products (including software) or other services included on or otherwise made available to you through the Services, Datafair’s servers, or electronic communications sent from Datafair are free of viruses or other harmful components.

Limitation of Liability

To the full extent permissible by law, Datafair will not be liable for any loss of profits or any indirect, incidental, punitive, special or consequential damages arising out of or in connection with this Agreement. Further, to the full extent permissible by law, Datafair’s aggregate liability arising out of or in connection with this Agreement will not exceed the total amounts you have paid (if any) to Datafair under this Agreement during the three (3) months immediately preceding the events giving rise to such liability.

Indemnification

You agree to defend, indemnify, and hold harmless Datafair, its affiliates, and licensors, and their respective officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) resulting from your User Contributions or violation of these Terms.

Governing Law and Jurisdiction

Any dispute or claim by you arising out of or related to these Terms (“Claim”) shall be governed by Swiss law without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of, or related to, a Claim shall be instituted exclusively in the federal courts of Switzerland, in each case located in Geneva. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Language

To the fullest extent permitted by law, the controlling language for these Terms is English. Any translation has been provided for your convenience.

Waiver and Severability

No waiver of these Terms by Datafair shall be given. Datafair’s failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.

Privacy Policy

Please review our Privacy Policy found at https://datafair.xyz/privacy-policy, which also governs your use of the Services, to understand our practices.

Seller Terms

Becoming a Seller

You are here because you are interested in becoming a data seller. As a Seller on Datafair you have responsibilities to us and buyers of your data. Please take the time to review these Sellers Terms before you begin.

Becoming a seller is easy and if you’ve reached this point then you’re already registered and accepted the Datafair Terms and Conditions. These additional terms for Sellers (‘Seller Terms’) are an extra part of the Datafair Terms and Conditions that apply specifically to Sellers on the Datafair platform. You’ll need to agree to them before you can become a data Seller. These govern the relationships, rights and obligations of Sellers to us and buyers using Datafair platform. Nothing in these terms is to be construed as constituting a partnership, joint venture, employment or agency relationship between you and us. You agree to put your items on Datafair platform and make them available to buyers on the basis stated in the Datafair Terms and Conditions and these Sellers Terms.

When we say ‘you’ in these Seller Terms we are referring to you, the data Seller. All other words defined or explained in the Datafair Terms and Conditions have the same meaning here. If there’s any inconsistency between what we say in these Seller Terms and what is in the Datafair Terms and Conditions, what we say in these Datafair Terms and Conditions prevails.

Becoming a Seller is free. Putting your item up for sale on the Datafair platform is also free but there may be an item review process. There are a few things you promise in exchange for the right to be a Seller, which are outlined in these Seller Terms.

Process to become a Seller: There are easy steps you follow to sign up as a Seller, which are outlined on Datafair’s Become a Seller page. There you’ll find instructions and resources that will help you get started. You’ll also find information about payment, submission requirements and other important information about being a data Seller.

As a Seller you provide a license: When you ‘sell’ an item, you’re making your item available to buyers and downloaders to use that item under certain conditions; you’re not actually selling the item itself. What you’re selling is a license for the buyer or downloader to use that item in accordance the relevant license. For the different types of licenses and detail about what rights you are licensing see our licensing page. Take a moment to understand how your work will be licensed!

The total invoiced price for an item on Datafair is made up of:

  1. Item price: The item list price which is actually the licensing fee for the item.
  2. Buyer fee: This is the fee buyers pay Datafair for the services we provide to buyers.
  3. Taxes: Some transactions may be subject to tax that may be added to the price.

The invoiced price is made up of the item price, the buyer fee, and possibly taxes.

Your earnings are the item list price minus the Sellers’ fee: When your item is sold on Datafair, you will earn the item price component less a Sellers’ fee, which is a percentage of the item price. The Sellers’ fee is what you are charged by Datafair for use of our platform and services only when an item is sold. The Sellers’ fee percentage you pay to us we can change at our discretion, from time to time. Any changes to these rates will take effect on and from the date on which notice of the variation is posted by us on Datafair.

Setting the prices of items: You set the price of your items. We have given some general guidelines on the Becoming a Seller page to help you navigate the pricing. We are also willing to discuss with you what we know about the price ranges in the data market.

Review of content: We have rules about what we accept and don’t accept and you can read up on these in our Terms and Becoming a Seller page. Although we always like to provide constructive feedback we’re not obliged to give you any reasons for rejecting your item. We have the final say on whether items are accepted for sale on Datafair.

No Variation: You are not permitted to vary these terms as they apply between you and buyers, or to offer your items on different terms or with additional terms (for example, through your item description pages).

Payout of sales income

These sections explain how earning an income works on Datafair and important information about payments to your account, and withdrawals and deductions from your account. Be aware that payout process is via Third-Party Services for which Third-Party terms and conditions apply.

Earnings payout: We will pay you the item price component of the total price less the Sellers’ fee (‘your earnings’ or ‘earnings’). In order for us to do this, you authorise us to collect payments, to credit your account with your earnings, and to distribute your earnings to you. We may use a Third-Party Services to do these things for us. To avoid any confusion, only your earnings from the sale of your items will be payable to you. The funds are paid out on a daily rolling basis by the Third-Party Services. For many countries, it takes seven days from a payment being received to it being paid out to your bank account and payouts will continue on a 7 day rolling schedule. For some countries this schedule may be as short as two days. Some scheduling can be controlled from the Third-Party Services dashboard. See the Third-Party Services documentation You must provide the correct details for correct payouts. It is your responsibility to ensure the information is correct.

Thresholds: Payouts of your earnings are made via Third-Party Services and for some currencies are based on certain minimum threshold amounts. The details of how much you need to have in your account before payout is detailed in the Third-Party Services documentation. These payout amounts differ in different countries.

Potential deductions: Payment methods available for buyers to buy your data involve payment agents and Third-Party Services that have their own standard terms and conditions regarding refunds, chargebacks, fees and unauthorised transactions (which we don’t control). If a Datafair transaction on an item is subject to payment agents’ refunds, chargeback, fees or unauthorised transactions, we may automatically deduct those amounts from your payout.

Currency conversions: Whenever we make a payment to you as an Seller, you are responsible for all costs of converting the amount of the payment from currency paid by the buyer into your preferred currency. Your financial institution does the currency conversion and may charge you additional fees (we don’t control either the conversion rates or your financial institution’s fees).

Taxes that apply to your items: As a Seller on Datafair, you are responsible for paying any taxes that apply with the exception of VAT in an EU Member State. Datafair will charge, collect and account for: VAT in an EU Member State when a buyer is located in an EU Member State and does not provide a valid EU VAT Identification number. When a buyer is located in an EU Member State and does provide a valid EU VAT Identification Number, it is the buyer's responsibility to self-account for VAT. It is not your responsibility as an Seller to account for VAT when a buyer is located in an EU Member State.

We may collect geographical location information to determine your location. You may be required to give us tax-related documentation or information to help us identify you. Information and documentation may be used for tax purposes, so the information you give us must be accurate. We may disclose or submit your information to regulators and government authorities in connection with our compliance procedures and obligations.

Invoices: We will issue invoices (or in some cases tax invoices) for transactions between Sellers and buyers on Datafair.

Seller responsibilities

As a Seller you have responsibilities to us and buyers of your items. Take a moment to understand your responsibilities!

As a Seller you confirm to us and each buyer of your items that:

  1. The item is of acceptable quality and fit for the purpose for which it is 'sold'.
  2. The item matches the description given by you on the item preview page, as well as any item preview.
  3. You will honour any express promises given to buyers that are not contained in the Datafair Terms.
  4. You have the rights necessary to license that item on the terms of the applicable license
  5. The buyer's use of that item in accordance with the terms of the applicable license does not infringe the intellectual property rights of someone else.
  6. The item and its description are not false, inaccurate, misleading, fraudulent, unlawful or defamatory.
  7. The item and its description do not violate any applicable law or regulation (including those governing export control, consumer protection, unfair competition, criminal law, pornography, anti-discrimination, trade practices or fair trading).
  8. The item does not contain viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware.
  9. Where relevant, you have the appropriate model or property release for your item and you can produce a copy of that model or property release when requested by us or a buyer of your item.

Liability and Indemnity: The liability of each Seller to their buyers is otherwise limited, for each item purchased, to the author's earnings from the payment for that item, except to the extent that the Seller's liability arises from wilful misrepresentations made about the item.

As a Seller you promise to us that:

  1. You will not use Datafair to offer items other than Datafair goods or services to buyers.
  2. You will follow any Seller guidelines provided by us, act in good faith, and provide assistance and co-operation as reasonable.
  3. Information and documentation you give us (like your name and address) is accurate.
  4. In order to facilitate a transaction on Datafair, we may provide you with relevant buyer information and also may provide buyers with your relevant information (for example for item support services). You agree that you will keep buyer information confidential and only use this information for that Datafair transaction.

Buyers’ use of your item: We are not liable for any loss suffered by you as a result of a buyer or any other person making use of your item contrary to the Datafair Terms or the item’s license.

Datafair use of your item: We may use the whole or part of your items to promote Datafair. This promotional use may include use in public relations, emails, on a features page, or on other sites (e.g. social networks). No compensation is payable for these uses.

Item removal: We have the right to remove an item for any reason, using our reasonable discretion. Issues about an item might be brought to our attention such as errors, representations, or even violations. Our goal is always to address these situations with you constructively. We also aim to give you notice before an item is removed, but this is not always feasible or possible, so we can’t guarantee this. We will not be responsible for any loss that you may suffer as a result of your item being removed.