These Terms and Conditions ("Terms") govern access to and use of endless-data.com (the "Site") and the data products, datasets, APIs and related services (collectively, the "Services") provided by Seldon Ventures, L.L.C., a Delaware limited liability company doing business as Endless Data ("Endless Data," "we," "us" or "our"), 131 Continental Dr Suite 305, Newark, DE 19713, United States.
By accessing the Site, creating an account, signing an Order Form, or accessing any Data Product, you ("Customer" or "you") agree to be bound by these Terms. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have authority to bind that entity. If you do not agree to these Terms, do not use the Services.
Where Customer and Endless Data have signed a separate written agreement (a "Master Agreement" or "Data License Agreement"), that agreement controls in the event of conflict with these Terms.
1. Definitions
- "Data Product" means any dataset, data feed, file, API output, sample, documentation, schema or derived material that Endless Data makes available to Customer, including Operational Company Data.
- "Operational Company Data" means datasets describing the activities, structures, transactions, operations, outputs and records of businesses and other organizations, which may incidentally include business contact information or other personal data relating to individuals acting in a professional capacity.
- "Order Form" means a quote, order, statement of work or online checkout that identifies the Data Products licensed, the fees, the Permitted Use and the License Term.
- "Permitted Use" means the use of a Data Product authorized in the applicable Order Form and Section 4 of these Terms.
- "License Term" means the period during which Customer is licensed to use a Data Product, as stated in the Order Form.
- "AI Model" means any machine-learning, statistical or foundation model, including large language models, and any weights, checkpoints, embeddings or fine-tuned variants.
- "Derived Output" means models, weights, analyses, insights, aggregations or other work product that Customer creates using a Data Product and from which the Data Product cannot be reconstructed in substantial part.
- "Personal Data" means information that identifies, relates to, or could reasonably be linked with an identified or identifiable natural person, as defined under applicable Data Protection Laws.
- "Data Protection Laws" means all applicable privacy, data protection and data broker laws, including the California Consumer Privacy Act as amended ("CCPA"), other U.S. state privacy and data broker registration laws, the EU and UK General Data Protection Regulation ("GDPR"), and any implementing regulations.
2. Eligibility and accounts
The Services are offered only to businesses, research institutions and other organizations. They are not intended for consumers or for individuals under 18, and you may not use the Services for personal, family or household purposes.
To access Data Products you may be required to create an account and complete our customer verification process, which may include confirming your organization, the intended use of the data, and your compliance program. You agree to provide accurate, complete and current information and to keep it updated. You are responsible for all activity under your account and for maintaining the confidentiality of your credentials, API keys and access tokens. Notify us immediately at hello@endless-data.com of any unauthorized use.
We may refuse, suspend or limit access to any person or organization at our discretion, including where we are unable to verify identity or intended use, where use would violate Data Protection Laws or export controls, or where the prospective customer appears on a sanctions list.
3. Data Products and delivery
Endless Data acts as a data broker: we collect, aggregate, license, and resell Operational Company Data obtained from public sources, commercial partners, data contributors and other third parties. We do not generate the underlying facts and we do not act as a data processor on Customer's behalf unless a separate data processing agreement states otherwise.
Data Products are delivered in the format, cadence and method set out in the Order Form (for example, bulk file transfer, cloud bucket, or API). Delivery dates are estimates. Samples and evaluation datasets are provided for internal evaluation only, for the evaluation period stated, and are subject to these Terms.
We may update, correct, supplement, restructure or withdraw Data Products or portions of them at any time, including to comply with law, source restrictions, or data subject requests. Where a withdrawal materially reduces the value of a Data Product during a paid License Term, your sole remedy is a pro rata refund or credit for the affected portion.
4. License grant and restrictions
License. Subject to these Terms and payment of applicable fees, Endless Data grants Customer a limited, non-exclusive, non-transferable, non-sublicensable license during the License Term to access and use the Data Products solely for the Permitted Use within Customer's own organization.
AI training use. Where the Order Form designates "Model Training" as a Permitted Use, Customer may use the Data Products as training, fine-tuning, evaluation or retrieval data for Customer's own AI Models, and may deploy and commercialize the resulting AI Models, subject to the restrictions below. Unless the Order Form states otherwise, Customer owns Derived Output. The license does not permit Customer to deliver the Data Products themselves to a third party, including as a component of a training corpus licensed to others.
Restrictions. Except as expressly permitted in the Order Form, Customer shall not:
- sell, resell, license, sublicense, distribute, publish, or otherwise make the Data Products, or any substantial portion of them, available to any third party;
- use the Data Products to build, train or improve a product or service that competes with Endless Data, including a data product offered to third parties;
- use the Data Products to identify, profile, target, contact, or make decisions about any individual, or to re-identify any de-identified or pseudonymized data;
- use the Data Products for consumer credit, employment, insurance, housing, or other eligibility decisions regulated by the Fair Credit Reporting Act or similar laws; the Data Products are not consumer reports;
- combine the Data Products with Personal Data in a manner that violates Data Protection Laws;
- remove, alter or obscure proprietary notices, watermarks, or fingerprinting embedded in the Data Products;
- circumvent access controls, rate limits, or usage metering, or scrape the Site; or
- use the Data Products in violation of applicable law, export control or sanctions, or the rights of any third party.
Affiliates and contractors. Customer may permit its affiliates and contractors to access the Data Products on Customer's behalf, provided they are bound by written obligations at least as protective as these Terms and Customer remains responsible for their acts.
Audit. Not more than once per year, on 30 days' notice, Endless Data may request reasonable written certification of Customer's compliance with Sections 4 and 6. Where we have a good-faith basis to believe a material breach has occurred, Customer will cooperate with a reasonable audit at Endless Data's expense, unless the audit reveals a material breach, in which case Customer bears the reasonable cost.
Reservation of rights. All rights not expressly granted are reserved by Endless Data and its licensors.
5. Fees, payment and taxes
Customer shall pay the fees set out in the Order Form. Unless otherwise stated, fees are in U.S. dollars, invoiced in advance, and due within 30 days of the invoice date. Fees are non-refundable except as expressly provided in these Terms.
Late payments accrue interest at 1.5% per month or the maximum rate permitted by law, whichever is lower. We may suspend access to Data Products while any undisputed amount is more than 15 days overdue, after notice.
Fees are exclusive of sales, use, value-added, withholding and similar taxes. Customer is responsible for all such taxes other than taxes on Endless Data's net income. If Customer is required by law to withhold taxes, Customer shall gross up the payment so that we receive the full invoiced amount.
Usage-based fees (for example, per-record or API-call pricing) are calculated from Endless Data's metering records, which are conclusive absent manifest error. We may change pricing for renewal terms on at least 60 days' notice.
6. Customer obligations and compliance
Data Protection Laws. Customer represents that it will use the Data Products in compliance with all Data Protection Laws applicable to Customer, including any obligation to provide notice to, or obtain consent from, individuals; to honor opt-out, deletion and access requests; and to conduct any required assessments before using Personal Data to train AI Models.
Data subject requests. If Endless Data notifies Customer that a record must be deleted, suppressed or corrected (for example, following a verified consumer request under the CCPA or GDPR), Customer shall delete or suppress that record from its active copies of the Data Product within 30 days, to the extent technically feasible. Customer is not required to retrain AI Models already trained, but shall not use the affected record in future training runs.
Security. Customer shall maintain administrative, technical and physical safeguards appropriate to the sensitivity of the Data Products, no less protective than industry standards, and shall notify us within 72 hours of discovering any unauthorized access to or disclosure of the Data Products.
Responsible AI use. Customer shall not use the Data Products to develop AI Models or applications intended to cause harm, to facilitate unlawful surveillance, to generate content that violates applicable law, or in any manner that would make Endless Data a "provider" of a prohibited or high-risk AI system under the EU AI Act or similar legislation without our prior written consent.
Export controls and sanctions. Customer shall comply with U.S. export control and sanctions laws, including the Export Administration Regulations and OFAC regulations, and shall not export, re-export or provide access to the Data Products to any prohibited destination, entity or end use.
7. Intellectual property
The Data Products, the Site, and all associated schemas, documentation, compilations, selection and arrangement, software and trademarks are owned by Endless Data or its licensors and are protected by copyright, database, trade secret and other intellectual property laws. The Data Products constitute compilations and trade secrets of Endless Data regardless of whether any individual fact within them is protectable.
Customer retains ownership of Customer's own data and, as provided in Section 4, Derived Output. If Customer provides feedback, suggestions or corrections about the Data Products, Endless Data may use them without restriction or compensation.
Endless Data may embed watermarks, canary records or other fingerprinting in Data Products to detect unauthorized distribution. Customer shall not remove them.
8. Confidentiality
"Confidential Information" means non-public information disclosed by one party to the other in connection with the Services that is marked confidential or that a reasonable person would understand to be confidential, including the Data Products, pricing, Order Forms, and Customer's model development plans.
The receiving party shall use Confidential Information only to perform under these Terms, protect it with at least reasonable care, and disclose it only to employees, affiliates and contractors who need to know it and are bound by comparable obligations. Confidential Information does not include information that is or becomes public through no fault of the receiving party, was already known to it, is independently developed, or is rightfully received from a third party without restriction.
A party may disclose Confidential Information when required by law or court order, after giving reasonable notice (where legally permitted) so the disclosing party may seek protection. These obligations survive for five years after termination; obligations regarding trade secrets and Data Products survive for as long as they remain trade secrets.
9. Warranties and disclaimers
Mutual. Each party represents that it is duly organized, has authority to enter into these Terms, and that doing so does not conflict with any other agreement.
Endless Data. We warrant that (a) we have the right to license the Data Products for the Permitted Use, and (b) we will use commercially reasonable efforts to collect and process the Data Products in accordance with Data Protection Laws applicable to us, including applicable data broker registration requirements.
DISCLAIMER. EXCEPT AS EXPRESSLY STATED IN THIS SECTION 9, THE DATA PRODUCTS AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." ENDLESS DATA AND ITS LICENSORS DISCLAIM ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, TIMELINESS AND QUIET ENJOYMENT. DATA PRODUCTS ARE COMPILED FROM THIRD-PARTY SOURCES AND MAY CONTAIN ERRORS, OMISSIONS OR OUTDATED INFORMATION. CUSTOMER IS SOLELY RESPONSIBLE FOR EVALUATING THE DATA PRODUCTS, FOR ANY DECISIONS MADE OR AI MODELS TRAINED USING THEM, AND FOR THE OUTPUTS OF THOSE MODELS.
10. Limitation of liability and indemnification
Exclusion of damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR COST OF SUBSTITUTE GOODS, ARISING OUT OF OR RELATING TO THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Cap. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ENDLESS DATA'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS SHALL NOT EXCEED THE FEES PAID BY CUSTOMER TO ENDLESS DATA IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. FOR FREE SAMPLES OR EVALUATION DATA, ENDLESS DATA'S TOTAL LIABILITY SHALL NOT EXCEED US$100.
Exceptions. The exclusions and cap above do not apply to a party's indemnification obligations, breach of Section 4 (License restrictions) or Section 8 (Confidentiality), or liability that cannot be limited by law.
Indemnification by Customer. Customer shall defend, indemnify and hold harmless Endless Data and its members, officers, employees and agents from any third-party claim, and resulting damages, costs and reasonable attorneys' fees, arising out of (a) Customer's use of the Data Products in breach of these Terms or Data Protection Laws, (b) AI Models or products that Customer develops, deploys or distributes using the Data Products, or (c) Customer's violation of applicable law.
Indemnification by Endless Data. Endless Data shall defend, indemnify and hold harmless Customer from any third-party claim alleging that the Data Products, as delivered and used in accordance with these Terms, infringe a U.S. patent, copyright or trademark or misappropriate a trade secret. This obligation does not cover claims arising from Customer's combination of the Data Products with other data, Customer's AI Models or outputs, or use outside the Permitted Use. If a Data Product becomes subject to an infringement claim, Endless Data may modify or replace it, procure the right for Customer to continue use, or terminate the affected license and refund prepaid, unused fees.
Procedure. The indemnified party shall give prompt written notice of the claim, allow the indemnifying party to control the defense and settlement (provided no settlement admits fault or imposes obligations on the indemnified party without its consent), and provide reasonable cooperation at the indemnifying party's expense.
11. Term, suspension and termination
These Terms apply from the date you first access the Services and continue until terminated. Each Order Form runs for its stated License Term and, unless the Order Form says otherwise, renews automatically for successive periods of the same length unless either party gives at least 30 days' written notice of non-renewal.
Either party may terminate these Terms or an Order Form on written notice if the other party materially breaches and fails to cure within 30 days of notice, or becomes insolvent, makes an assignment for the benefit of creditors, or is subject to bankruptcy proceedings. Endless Data may suspend access immediately where necessary to prevent a security incident, comply with law or a source restriction, or respond to a breach of Section 4 or 6.
On expiry or termination: (a) all licenses end and Customer shall cease accessing the Data Products; (b) within 30 days Customer shall delete all copies of the Data Products from its systems and certify deletion in writing on request, except for copies retained in routine backups until overwritten and copies required by law; (c) Customer may continue to use Derived Output and AI Models trained during the License Term in accordance with Section 4, unless termination was for Customer's breach of Section 4 or 6; and (d) all unpaid fees for the remainder of the then-current License Term become due, unless termination was for Endless Data's uncured breach.
Sections 1, 4 (restrictions), 5, 7, 8, 9 (disclaimer), 10, 11, 12 and 13 survive termination.
12. Governing law and dispute resolution
These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Informal resolution. Before starting formal proceedings, a party shall give written notice of the dispute, and the parties shall attempt in good faith to resolve it through discussion between executives within 30 days.
Arbitration. Any dispute not resolved informally shall be finally settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, before a single arbitrator, seated in Wilmington, Delaware, conducted in English. Judgment on the award may be entered in any court of competent jurisdiction. Either party may seek injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual property or Confidential Information, including to prevent unauthorized distribution of Data Products.
Class action waiver. Disputes shall be resolved on an individual basis; neither party may bring or participate in a class, collective or representative proceeding.
Limitation period. Any claim arising out of these Terms must be brought within one year after it accrues, to the extent permitted by law.
13. General provisions
- Changes to these Terms. We may update these Terms by posting a revised version on the Site with a new effective date. Material changes will be notified by email to the account contact or by notice on the Site at least 30 days before they take effect. Continued use after the effective date constitutes acceptance. Changes do not apply retroactively to an Order Form already in force unless Customer agrees.
- Privacy. Our collection and use of Personal Data is described in our Privacy Policy and Cookie Policy, which form part of these Terms.
- Assignment. Customer may not assign these Terms without our prior written consent, except to a successor in a merger or sale of substantially all assets that is not a competitor of Endless Data. We may assign these Terms to an affiliate or successor.
- Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control, other than payment obligations.
- Notices. Legal notices to Endless Data must be sent to Seldon Ventures, L.L.C., 131 Continental Dr Suite 305, Newark, DE 19713, USA, with a copy to hello@endless-data.com. Notices to Customer may be sent to the email address on the account or Order Form.
- Independent contractors. The parties are independent contractors; nothing creates a partnership, joint venture, agency or fiduciary relationship.
- Severability; waiver. If any provision is unenforceable, it will be modified to the minimum extent necessary and the remainder remains in effect. A waiver is effective only in writing and only for the instance given.
- Entire agreement. These Terms, the applicable Order Forms, and the policies referenced here constitute the entire agreement regarding their subject matter and supersede all prior proposals and agreements. Terms on a Customer purchase order are of no effect.
- Government use. The Data Products are "commercial items" and "commercial computer software documentation" under FAR 2.101 and DFARS 227.7202, provided to U.S. government users only with the rights granted to all other customers.
Contact. Questions about these Terms: hello@endless-data.com.