These Terms of Service (“Terms”, “ToS”) govern your (“you”, “User”) relationship with the SparkDBi website, software, and services (the “Service”) operated by SparkDBi.
Please read these Terms of Service carefully before using the Service. Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service. In the relationship between you and SparkDBi, only these Terms apply in their currently valid version. Deviating terms or contract conditions of a User are not recognized provided SparkDBi does not expressly consent to their validity in textform.
By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the Terms then you may not access or use the Service.
Definitions Service: All websites, software, and services offered and operated by SparkDBi. User: Anyone that accesses and/or uses our Service. Registered User: Any User that creates an account on our Service. Data Buyer: Any User or legal entity and its employees that sources or intends to source external data. Data Vendor: Any User or legal entity and its employees that providers or intends to provide data. Intended Use of the Service Our Service is intended to help Data Buyers and Data Vendors to share information, connect with, initiate and build business relationships with each other. As a platform, SparkDBi is a third-party to Users doing business with each other and not involved in any legal relationship between Users potentially resulting from using the Service.
CATEGORY LISTINGS In order to help Data Buyers finding Data Vendors more easily, SparkDBi curates data categories (“Category”) and lists Data Vendors within a Category at SparkDBi’s sole discretion. Users may propose the listing of a new Category and/or the listing of a Data Vendor within a specific Category, which SparkDBi may or may not take under consideration. We don’t guarantee the accuracy of any Category or categorization of Data Vendors.
VENDOR LISTINGS In order to help Data Buyers to discover, learn about, and connect with Data Vendors, we’re offering a Service to list and find Data Vendors (“Vendor Listing”). You can explore, search for, and visit Vendor Listings in order to inform yourself and contact Data Vendors. In case you submit a contact request, you agree that we may share your contact information with employees from the listed company and contact you as well regarding your request. We do not guarantee that your contact request reaches the listed Data Vendor or that you will receive an answer.
SparkDBi automatically creates, curates, and publishes listings of Data Vendors based on publicly accessible information. Users that verifiable work for a listed company may claim a Vendor Listing or request to create a new one in order to provide new or edit existing information displayed on the Vendor Listing. We neither guarantee the accuracy or veracity of Vendor Listings, nor do we endorse any Vendor Listing on our Service.
Upon claiming or creating a Vendor Listing, Data Vendors bear the full legal responsibility for ensuring that the content defined by them contains authentic and accurate information and comply with the applicable statutory provisions. Each Data Vendor assures to the best of their knowledge and belief that their data offering protects and does not violate intellectual and industrial property and personal rights, as well as all rights of third parties. Furthermore, each Data Vendor ensures that they are the owner or are in possession of all necessary (license) rights of all data that they offer. Each Data Vendor is further obliged to not offer data containing malicious programs (viruses, malware, etc.) or any other illegal content.
Users cannot delete Vendor Listings. SparkDBi may remove Vendor Listings that do not comply with quality standards, contain illegal content, abuse functionalities of the Service, or verifiably don’t offer any data.
PLATFORM LISTINGS SparkDBi automatically creates, curates, and publishes listings of platforms, software, and services (“Platform Listing”) that integrate the data of Data Vendors based on publicly accessible information. We neither guarantee the accuracy or veracity of Platform Listings, nor do we endorse any Platform Listing on our Service.
DATA REQUESTS & POSTINGS Our Service offers Users a way to create Data Requests in order to get in touch with, get contacted by, and receive information from Data Vendors with a matching data offering. We review and publish Data Requests at our sole discretion. Data Vendors may also be invited directly by the User to submit information for a Data Request. Both the User creating the Data Request as well as the Data Vendors accessing the Data Request agree to keep all information exchanged confidential.
Prohibited Use of the Service In order to protect the interests of our Users and us, you agree not to:
copy, modify, distribute, transmit, perform, display, reproduce, publish, license, transfer, create derivative works from, or sell any content or information offered on our Service; decompile, decrypt, disassemble, read out, modify, reverse engineer, or copy our Service; access, monitor, or copy any content or information of our Service using any robot, spider, scraper, or other automated means or any manual process for any purpose without our express written permission; post, publish, transfer false or misleading content or information; register and/or log in with an alias that masks your true identity; remove copyright or other prietary notices. Any prohibited use of our Service may result in immediate termination of your account.
Fees The use of our publicly accessible Service is free of charge.
BASIC SUBSCRIPTION When registering on SparkDBi, you automatically subscribe to our Basic Subscription, which is free of charge. The Basic Subscription offers basic features only available to Registered Users, such as maintaining Vendor Listings, responding to Data Requests (only available to Data Vendors), or bookmarking Vendor Listings.
PREMIUM SUBSCRIPTION Registered Users may upgrade to the Premium Subscription for an agreed monthly or yearly fee. We may also offer selected Users a temporary Premium Subscription while providing managed services.
MANAGED SERVICES SparkDBi offers selected Data Buyers managed data sourcing services (“Managed Services”). Fees for those Managed Services are agreed individually and may entail fixed and/or success-based components.
BILLING Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or SparkDBi cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting SparkDBi customer support team.
A valid payment method, including credit card or PayPal, is required to process the payment for your Subscription. You shall provide SparkDBi with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize SparkDBi to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, SparkDBi will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
FREE TRIAL SparkDBi may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”).
You may be required to enter your billing information in order to sign up for the Free Trial.
If you do enter your billing information when signing up for the Free Trial, you will not be charged by SparkDBi until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.
At any time and without notice, SparkDBi reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
FEE CHANGES SparkDBi, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
SparkDBi will provide you with reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
REFUNDS Except when required by law, paid Subscription fees are non-refundable.
Content, IP, and Confidentiality USER-GENERATED CONTENT Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
INTELLECTUAL PROPERTY The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of SparkDBi and its licensors. The Service is protected by copyright, trademark, and other laws of both Germany and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of SparkDBi.
CONFIDENTIALITY All Content and information offered through our Service (which is not already publicly available) shall be treated as confidential information. Especially Content and information only accessible by Registered Users is subject to strict confidentiality if not stated otherwise.
User Accounts Users may create and register an account on our Service in order to access features only available to Registered Users.
CREATING A USER ACCOUNT When you create an account with us, effectively becoming a Registered User, you must provide us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You may only register an account on SparkDBi if you have the intention to either buy from or provide data product to other Users. We reserve the right to terminate accounts created with private email addresses as well as accounts where we can’t verify the identity of the Registered User.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
UPDATING A USER ACCOUNT You may update your account information such as your first name, last name, and password in the profile section any time after signing in. To update your email address, please contact us at support@SparkDBi.com directly.
TERMINATING A USER ACCOUNT Registered Users can request the deletion of their account by contacting us with their registered email address at support@SparkDBi.com with an explicit message asking for the account deletion. Upon termination,
