Provider & Platform Terms of Service

In these Terms:

• "Provider" (or seller) means a user who lists, delivers, or licenses data through the Platform.
• "Buyer" or "Licensee" means a user who acquires a license to a Dataset.
• "Dataset" means any data, recording, annotation, or metadata a Provider lists or delivers through the Platform.
• "Content" means everything a user submits to or through the Platform.

You must be at least 18 years old and able to enter a binding contract. If you act for an organization, you represent that you are authorized to bind it. You are responsible for keeping your credentials secure and for all activity under your account, and you agree to provide accurate registration information and keep it current.

Roborecs operates a marketplace that connects Providers and Buyers. For each transaction, Roborecs acts as reseller-of-record and contracts with the Buyer under a separate Data Licensing Agreement on behalf of the Provider, whose identity may be masked from the Buyer. Roborecs is not the author or owner of a Provider’s Dataset and does not independently verify its contents. The Provider remains the source of the Dataset and the party responsible for its lawfulness.

By listing, delivering, or licensing any Dataset, the Provider represents and warrants, on a continuing basis, that:

• (a) Rights. The Provider owns, or holds all rights, licenses, and permissions necessary to license, the Dataset for the uses offered through the Platform, and can pass those rights through to the Buyer.
• (b) Consents. The Provider has obtained all consents, releases, and authorizations required from every identifiable person captured in the Dataset, including their faces, voices, likenesses, homes or private spaces, and any bystanders, and, where a person is a child, from a parent or legal guardian, for the collection, processing, licensing, and downstream use described in the listing.
• (c) No infringement. The Dataset, and the Buyer’s permitted use of it, does not and will not infringe or misappropriate any third-party right, including any intellectual-property, copyright, trademark, patent, trade-secret, privacy, publicity, biometric, or database right.
• (d) Lawful collection. The Dataset was collected lawfully and was not scraped, copied, or taken from any source without authorization, and its collection did not breach any contract, terms of service, platform rule, or applicable law.
• (e) No restricted content. The Dataset does not contain content that is unlawful or that the Provider is prohibited from sharing, and does not include special-category or sensitive personal data except as lawfully disclosed, consented, and permitted.
• (f) Accuracy. The listing metadata, including modality, provenance, consent status, and jurisdiction, is accurate and not misleading.

These representations run for the benefit of both Roborecs and every Buyer of the Dataset, and survive termination of these Terms.

All users agree not to:

• attempt to re-identify, locate, or contact any individual depicted in a Dataset, except through the notice-and-takedown process in Section 8;
• circumvent, defeat, or reverse any masking, redaction, or anonymization applied by a Provider or by Roborecs;
• upload malware, or scrape, probe, or overload the Platform or its systems;
• misrepresent your identity, authority, or affiliation, or list data you are not authorized to license;
• use the Platform to violate any law or any third-party right, or to share unlawful content; or
• resell or share Platform access, or use the Platform other than as permitted by these Terms and, for Buyers, the Data Licensing Agreement.

Roborecs may charge fees or a commission as described at the point of transaction. As reseller-of-record, Roborecs collects payment from the Buyer and remits the Provider’s share according to the Provider’s payout terms. Each party is responsible for its own taxes as applicable. Roborecs may withhold, delay, or reverse a payout in the circumstances described in Section 8.

The Provider will defend, indemnify, and hold harmless Roborecs and its affiliates, officers, and staff, and, at Roborecs’ election, the applicable Buyer, from and against any claim, demand, loss, liability, damage, fine, or expense (including reasonable legal fees) arising out of or relating to:

• (a) any breach of the representations, warranties, or obligations in these Terms;
• (b) the Dataset, its collection, or its content, including any claim by a person depicted in it or by any third-party rights-holder; or
• (c) the Provider’s violation of any law.

This indemnity is in addition to any indemnity in the Data Licensing Agreement and survives termination.

Roborecs may, at any time and without prior notice, remove or disable any listing or Dataset, suspend or terminate any account, and withhold or reverse a payout, if Roborecs believes in good faith that a Dataset or a user may breach these Terms, infringe a third-party right, lack a required consent, or expose Roborecs or a Buyer to legal risk, or upon a valid notice-and-takedown request from a depicted individual or a rights-holder (see the Privacy Policy). Roborecs may notify affected Buyers and may cooperate with lawful requests from authorities.

To the maximum extent permitted by law, the Platform is provided “as is” and Roborecs does not warrant the accuracy, legality, or fitness of any Provider Dataset. To the extent permitted by law, Roborecs’ total liability arising out of or relating to the Platform is limited to the fees Roborecs earned on the transaction giving rise to the claim during the [twelve] months before it arose, and Roborecs is not liable for any indirect, incidental, special, or consequential damages. Nothing in these Terms limits liability that cannot be limited under applicable law.

These Terms apply for as long as you use the Platform. Either party may terminate a Provider account on notice; Roborecs may suspend or terminate immediately for a breach or a legal-risk trigger under Section 8. Provisions that by their nature should survive, including the representations, indemnity, disclaimers, limitation of liability, and governing law, survive termination. Termination does not affect licenses already granted to Buyers, which continue under their Data Licensing Agreement.

These Terms are governed by the laws of [Switzerland / to be confirmed], without regard to conflict-of-laws rules. The parties submit to the exclusive jurisdiction of the courts of [Switzerland / to be confirmed], subject to any mandatory consumer-protection venue that applies.

Roborecs may update these Terms. Material changes will be posted on this page with a new version date, and continued use of the Platform after the effective date is acceptance of the change. If you do not agree, stop using the Platform.

Questions about these Terms: info@roborecs.com.