Interim terms, version seller-terms-2026-09-27, effective 2026-09-27. These terms are in force now and are under legal review. We will give notice of changes as set out in clause 9.
Elbereth Seller Listing Agreement
This agreement sits on top of the Elbereth Terms of Service (/catalog/legal/terms). Terms defined there have the same meaning here. You accept this agreement in the Service, on the Sell page or through POST /v1/account/legal/acceptances, before you create, publish or change a Listing or set up payouts. We record which version you accepted, with its SHA-256 hash. When you accept it you also accept the version of the Terms of Service in force at the time.
1. What this agreement covers
1.1 Scope. This agreement applies whenever you create, publish, change or withdraw a Listing, and to payouts for priced Listings.
1.2 Two kinds of Listing.
- Link Listing. We store the description, coverage, schema (column names and types only), formats, price, the full Licence and your Labels, plus your
httpsdownload address. We show that address only to a Buyer who has accepted your Licence for a Purpose it permits. We never hold or serve your rows. Person and vehicle datasets can only be Link Listings. Any Account with the seller role can create one. - Hosted Listing. This is for vessel and animal datasets we have registered for you (registration is not self-serve; contact us). We compute coverage from the stored rows, keep it up to date after uploads, retention purges and deletions, and serve downloads (CSV or GeoParquet) to Buyers who have accepted your Licence. Before each download, we record who received what, under which Licence and Purpose, with a hash of the file. A dataset you have put in a clean room cannot be a Hosted Listing.
1.3 Your Listing is public. Once published, your Listing has a public Listing Page that search engines index, and it appears in our sitemap and DCAT catalog. The page shows your organisation name as registered with us, the full Licence, every Label, the schema and coverage. It never shows your download address.
2. Your warranties
For every Listing, you warrant, at the time you publish it and again each time a Buyer accepts its Licence, that:
2.1 Right to license. You own the Dataset or are authorised to license it on the terms of your Licence, including for every Purpose the Licence permits. No third party's rights prevent this.
2.2 Lawful collection. The Dataset was collected, and is being licensed, in compliance with every law that applies. That includes privacy, consumer protection, data-broker, telecommunications and sanctions law.
2.3 Consent claims. Your consent status Label is accurate.
- If you say
attested, you hold a signed, current supplier attestation that affirmative express consent was obtained for collection and for the licensing you offer. You must give it to us within 5 business days if we ask. - If you don't know, you must say
unknownorunattested.
2.4 RTB disclosure. Your RTB Label is accurate. If any part of the Dataset came from real-time-bidding ad auctions (bid-stream data), you have said so.
2.5 Jurisdictions. You have declared every jurisdiction in which the data was collected (ISO 3166 codes, as precise as you know them).
- Oregon or Maryland. If any of the data is precise geolocation of consumers in Oregon or Maryland, you have declared it.
- U.S. government-related locations. You have told us if the Dataset contains location data within areas listed as government-related under 28 CFR Part 202.
2.6 Subject class. The subject class you declare (person, vehicle, vessel or animal) is correct.
- No hidden people or vehicles. No Dataset listed as vessel or animal contains data that identifies, or can reasonably identify, an individual. That includes a small-craft owner or master, or a farmer through farm location, except as you disclose in the Listing.
- Why it matters. Mis-declaring a class to avoid person and vehicle controls is a material breach.
2.7 Children. Unless the Listing says otherwise, the Dataset contains no personal information of anyone under 16.
2.8 Coverage and schema. For Link Listings, the coverage, counts, schema and formats you declare fairly describe the data at your address.
2.9 Link address. Your download address serves the Dataset the Listing describes. You won't change what it serves in a way that makes the Listing misleading without first updating the Listing, or withdrawing it and re-listing.
- Material changes need a new Licence version. A material change to the data or the Licence must be published as a new Licence version, which Buyers must accept again.
2.10 Your Licence.
- Complete. The Licence you publish is complete and states the permitted Purposes and any expiry and retention term.
- Onward transfer. For person or vehicle data about U.S. persons, where you are a U.S. person, your Licence includes (or you rely on the Buyer Acceptance for) the onward-transfer prohibition required by 28 CFR §202.302.
2.11 Screening. You are not a Covered Person, a Sanctioned Party or owned or controlled by one. You will tell us within 2 business days if that changes.
2.12 No malware. Nothing at your address or in your upload contains malware or anything designed to harm a Buyer's systems.
3. Your obligations and what the Service does with your Listing
3.1 Keep Listings accurate. Keep each Listing and its Labels accurate. Withdraw or update it promptly if any of them stop being true.
3.2 Editing a Listing. You can edit a Listing's title, description, keywords, price and update frequency, and for a Link Listing its download address and declared coverage, without changing the Licence. Each edit is kept, old value and new, in the Listing's evidence, and every Buyer who has accepted any version of your Licence can read the full edit history. A Buyer who accepted before you changed the download address is told it changed.
3.3 Licence changes. You may change a Licence at any time. The change creates a new version, and Buyers who accepted an earlier version lose access through the Service until they accept the new one. For a priced Listing, accepting the new version needs a new payment. A change doesn't affect rights a Buyer already has under an earlier version outside the Service, unless your Licence says otherwise.
3.4 Acceptance and read records. You can see each acceptance of your Licence: the Buyer, Purpose, version and time. For a Hosted Listing you can also see each download and Add-on run on your data, including the Buyer's Purpose, filters and parameters. You may use this information only to administer and enforce your Licence and to meet your legal obligations.
3.5 Add-ons on your hosted data. A Buyer who has accepted your Licence for a permitted Purpose may run Add-ons on your Hosted Listing. The results go only to that Buyer. The Service does not read your Licence text: if your Licence restricts analysis or derived works, it binds the Buyer, but the Service will not stop an Add-on run on that basis.
3.6 Link health checks. About once a day we contact your download address to see whether it answers, and show the result as the "link health" Label. We never download your data and never unpublish a Listing because of this check. You agree to these requests.
3.7 Licence enforcement. You are responsible for enforcing your Licence against Buyers. We may help by giving you Evidence Records (see clause 8).
4. Deletion requests from data subjects
4.1 Linked data. You hold the data and you answer deletion and opt-out requests, including those under the California Delete Act and its DROP platform where it applies to you. For each Buyer who accepted your Licence, you must:
(a) pass each processed deletion on to that Buyer, within 30 days of processing it or sooner if the law requires; and
(b) keep the deleted subjects out of later versions of the Dataset.
4.2 Hosted data. You must send us every deletion request that applies to the Dataset. We then:
(a) delete matching rows from storage;
(b) add the subjects to your suppression list, so later deliveries of them are rejected;
(c) record the request, as counts and a hash only;
(d) update the Listing's coverage.
Rows you chose to store without an identifier can't be matched. You are responsible for deciding whether that is lawful.
4.3 Relay to Buyers. We may pass deletion notices on to Buyers who accepted your Licence, using the acceptance records, and may require them to confirm deletion. You authorise us to do this.
4.4 Retention. If your Licence sets a retention term, we delete hosted rows older than that term. We may also set our own limit. Evidence Records are not deleted with the rows.
5. Reports, takedown and withdrawal
5.1 Withdrawing a Listing. You may withdraw a Listing at any time, without accepting any new terms first. It then disappears from search and its Listing Page for other Accounts. Future link releases and downloads stop. Evidence Records remain.
5.2 Reports. Any Account can report your Listing. You can read each report on your Listings: the reason, the text and the reporting Account's id. A report does not unpublish anything by itself.
5.3 Takedown or suspension by us. We may take down, unpublish or suspend link release for a Listing without notice where:
(a) we receive a report or complaint from a data subject, rights-holder or regulator, while we investigate;
(b) we reasonably believe a warranty in clause 2 is untrue;
(c) your screening lapses or fails;
(d) the law or a regulator requires it.
A Listing we have taken down cannot be published again until we reinstate it. We will tell you why unless the law prevents it.
5.4 Disabled Accounts. If your Account is disabled, all your Listings leave search, Listing Pages and download.
6. Fees and payouts
6.1 Paid Listings. To sell a priced Listing you set up payouts through Stripe's hosted onboarding, which creates a Stripe Express connected account for you. You must keep it in good standing and accept Stripe's Connected Account Agreement. A priced Listing can be published only once Stripe says your account can accept charges. Until we switch payments on, priced Listings can be published but not bought.
6.2 How money moves. We charge the Buyer and Stripe transfers the price, less our platform fee, to your Stripe account when the payment completes. We are the party the Buyer pays.
6.3 Platform fee. We keep a platform fee from each payment, at the rate that applies to the sale under the Fee Schedule published at /catalog/legal/fees. The rates may depend on the size of the sale. If we agree a different rate with you, for a period or for a particular Listing, that rate applies instead while the agreement lasts; when it ends, the Fee Schedule applies. The rate that applies is shown to you on the Sell page before you list and on each priced Listing, and to the Buyer on the Listing and at checkout. The rate for a payment is fixed when the Buyer's checkout opens; a later change to the Fee Schedule or to an agreed rate does not change it. We pay Stripe's processing fees out of our fee. Stripe pays the balance out to you on its payout schedule.
6.4 One payment, one acceptance. Each payment buys one acceptance of one Licence version for one Purpose. A price stated "per year" or similar is shown to Buyers but not billed on a schedule. If you change the Licence, Buyers must accept, and pay for, the new version to keep access through the Service.
6.5 Tax. You are responsible for tax on your supplies to Buyers. The Service does not calculate or collect tax. We will issue tax invoices for our platform fee on request.
6.6 Refunds and chargebacks. Refunds are made by us through Stripe; the Service does not make them automatically. If a Buyer is refunded or a charge is reversed because of your breach, or because the Dataset is not as described, you bear the amount, and we may reverse the transfer to your Stripe account for that payment or deduct it from later payments.
6.7 Holding back money. Where a complaint under clause 5.3 is being investigated, or Stripe requires it, we may reverse or hold back transfers for the payments concerned.
6.8 Fee changes. We will give at least 30 days' notice of changes to the Fee Schedule, in the way clause 9 describes. An agreed rate for you or a Listing lasts for the period we agreed, and ends earlier only if you agree.
7. Indemnity
7.1 You indemnify us, our officers and our staff against all loss, liability, penalties (to the extent the law allows) and reasonable legal costs arising from:
(a) a breach of your warranties in clause 2;
(b) any claim that your Dataset, Listing, Labels or download address infringes a person's rights or breaks a law;
(c) any data subject's or regulator's claim about data you listed.
7.2 This indemnity is not limited by the liability cap in the Terms of Service.
8. Audit of your claims
8.1 Evidence of your claims. On 10 business days' notice, and at most once a year unless we have reasonable grounds to suspect a breach, you must give us reasonable evidence supporting your Labels and warranties, including:
(a) supplier consent attestations and the documents they reference;
(b) a description of how the data was collected (for example the SDKs and apps involved) and of any RTB sourcing;
(c) your deletion-processing records;
(d) for Link Listings, a sample or hash of the file your address serves on a stated date.
8.2 Confidentiality. We keep what you provide confidential. We use it only to check your claims, to respond to complaints and regulators, and in disputes.
8.3 If you don't comply. If you don't comply, or the evidence doesn't support your claims, we may relabel, suspend or take down the Listing.
9. Liability, law and changes
9.1 Terms of Service. Clauses 12–18 of the Terms of Service (warranty, liability, indemnities, governing law, disputes, changes, notices and general) apply to this agreement.
9.2 Changes. We change this agreement in the way clause 16 of the Terms of Service describes: at least 30 days' notice, published at /catalog/legal/seller-terms with its new version and hash, shown on the Sell and account pages, and emailed to your contact address. You must accept the new version before your next listing change or payout set-up after it takes effect. Withdrawing a Listing never needs it.
The SHA-256 is of this document's source file as published; every acceptance records it. Other documents: Terms of Service · Buyer Acceptance · Privacy Policy.