Earthmover Marketplace Terms and Conditions
Archived version of 18 May 2026. Superseded.
This page preserves the Earthmover Marketplace Terms and Conditions exactly as published on 18 May 2026. It is retained only so that Order Forms and other agreements that incorporate this dated version by reference continue to resolve to the text that was published when they were entered into.
For the terms that apply today, see the Terms of Service. Data Provider participation in the Marketplace is governed by Part III of that page. Data Consumer participation is governed by Part II.
Earthmover PBC
Last updated: May 18, 2026
1 - INTRODUCTION
1.1 - Purpose
These Marketplace Terms and Conditions ("Marketplace Terms") are entered into by and between Earthmover PBC ("Earthmover") and the entity or person agreeing to these terms as noted on the signature page of these Marketplace Terms ("Customer") and govern Customer's access to and use of the Earthmover Marketplace ("Marketplace") as a Data Provider and/or Data Consumer, as applicable.
1.2 - Relationship to Platform Terms
These Marketplace Terms are a separate agreement from any terms governing Customer's access to the Earthmover Platform, whether in the form of Earthmover's standard Terms of Service or a separately negotiated enterprise agreement (in either case, the "Platform Terms"). A Customer may be subject to both agreements or solely to these Marketplace Terms. These Marketplace Terms are fully operative on their own regardless of whether Customer has entered into the Platform Terms. If Customer has an active Platform Terms agreement with Earthmover, the Platform Terms govern in the event of a conflict with these Marketplace Terms, except where these Marketplace Terms expressly state otherwise. Customers not subject to the Platform Terms have no rights or obligations under the Platform Terms by virtue of these Marketplace Terms alone.
1.3 - Acceptance
By accessing the Marketplace, or signing these Marketplace Terms, Customer agrees to be bound by them. The individual accepting on behalf of Customer represents they have authority to do so. Enterprise customers may negotiate modifications by separate written agreement signed by authorized representatives of both parties; that signed agreement controls to the extent it conflicts with these Marketplace Terms.
1.4 - Updates
Earthmover may update these Marketplace Terms from time to time. Updated versions will be provided to Customer directly and become effective thirty (30) days after delivery, except that changes required by law are effective immediately. Continued use of the Marketplace after the effective date constitutes acceptance of the updated terms.
1.5 - Use of Platform
Where Customer also subscribes to the Earthmover Platform, Customer's use of the Platform is governed by the Platform Terms. Where Customer accesses the Marketplace without a Platform subscription, Customer's rights are limited to those provided in these Marketplace Terms.
2 - THE MARKETPLACE
2.1 - Provision of Marketplace
The Marketplace enables Customers to offer, license, and sell Products as Data Providers and to discover, access, and purchase Products as Data Consumers. Earthmover makes the Marketplace available solely in accordance with these Marketplace Terms, the Marketplace Policies (as defined below), and the Documentation (https://docs.earthmover.io/marketplace/). Availability of a third-party Product in the Marketplace does not constitute Earthmover's endorsement of such Product or affiliation with its Data Provider.
2.2 - Product Types and Licensing
The Marketplace may include datasets, software, data models, and services offered by Data Providers. Each Product is subject to Listing Terms established by the applicable Data Provider, which may take the form of commercial license terms (for paid Products), Creative Commons license terms (available at https://creativecommons.org/licenses/) selected by the Data Provider, or other open-source or permissive license terms. Data Consumers are responsible for reviewing and complying with applicable Listing Terms. Earthmover is not a party to any Listing Terms between Data Providers and Data Consumers, except where Earthmover is the applicable Data Provider.
2.3 - Hosting
Products may be hosted by Earthmover on behalf of Data Providers, or by Data Providers or third parties externally. The applicable arrangement is described in the Listing Information. For Earthmover-hosted Products, any applicable data storage and compute terms are set forth in the Platform Terms (if applicable) or applicable order documentation. Earthmover makes no representations regarding availability, performance, or security of externally hosted Products.
2.4 - Marketplace Policies; Reviews
Earthmover may publish and update policies governing the Marketplace, including acceptable use policies and content standards ("Marketplace Policies"), which are incorporated herein by reference. All Customers must comply with the Marketplace Policies. Earthmover may, but is not obligated to, review Products and Listing Information for compliance. Earthmover has no liability for actions taken or not taken based on any such review, and Customers may not rely on any Earthmover review as a warranty or certification.
2.5 - Customer Responsibilities
Customers are responsible for maintaining the security and confidentiality of their account credentials, promptly reporting suspected security incidents to Earthmover, configuring appropriate access controls, and implementing available security measures including multi-factor authentication.
3 - USE AS A DATA CONSUMER
3.1 - Data Provider Responsibility
Data Providers are solely responsible and liable for their Products and Listing Information. Except with respect to Earthmover Products, Earthmover makes no representations regarding the completeness, accuracy, reliability, validity, availability, security, fitness for purpose, or legal compliance of any Product. The Data Provider, not Earthmover, is responsible for addressing all claims relating to Provider Materials, including intellectual property claims, infringement claims, consumer protection claims, and claims arising from the Data Provider's collection or use of data (collectively, "Provider Materials Claims").
3.2 - Product Evaluation and Listing Terms
Customer is solely responsible for evaluating whether Products meet its requirements. Prior to accessing or using any Product whose Listing Terms require prior acceptance, Customer shall accept those Listing Terms. Acceptance by Customer's authorized users is binding on Customer. Except where Earthmover is the applicable Data Provider, Earthmover is not a party to any Listing Terms and disclaims all responsibility arising from them. Unless Listing Terms expressly state otherwise, Customer may not modify, create derivative works of, reverse engineer, resell, sublicense, or transfer any Product, or circumvent any technical controls applied to it.
3.3 - Payments
Customer is solely responsible for payment of the Product Cost for Products it purchases. Product Invoices will be issued by Earthmover on the Data Provider's behalf. Customer will pay the applicable Product Cost within the period specified in the Product Invoice. Late payments accrue interest at 1.5% per month (or the maximum permitted by law, if lower). Payment obligations are non-cancellable and, except as expressly provided in the applicable Listing Terms, non-refundable. Product Costs exclude Taxes, for which Customer is solely responsible, except to the extent Earthmover is required by law to collect and remit them.
3.4 - Support and Availability
The Data Provider is solely responsible for supporting its Products. All support inquiries and complaints should be directed to the applicable Data Provider. Earthmover may, in its discretion, assist in resolving disputes but is not obligated to do so. Data Providers may stop offering their Products at any time subject to the retirement obligations in Section 4.7. Neither Earthmover nor any Data Provider will have liability to Customer for discontinuation of a Product except as expressly provided in the applicable Listing Terms.
3.5 - Information Shared with Data Providers
Earthmover may share Customer account information and usage data relating to Customer's access and use of a Product ("Consumer Usage Data") with the applicable Data Provider, as described in the Documentation and Earthmover's Privacy Policy (https://www.earthmover.io/privacy-policy). Consumer Usage Data does not include Personal Data beyond basic account identification information such as organization and user contact details.
3.6 - Data Processing
To the extent that Earthmover processes Personal Data on Customer's behalf in connection with the Marketplace, and where required by applicable data protection law (including the GDPR and CCPA), the parties may enter into a Data Processing Addendum ("DPA") upon Customer's written request to support@earthmover.io. These Marketplace Terms do not limit either party's obligations under applicable data protection law.
3.7 - Compliance with Law
Customer represents and warrants that it will comply with all applicable laws in connection with its use of the Marketplace as a Data Consumer, including all laws applicable to its access and use of Products.
4 - USE AS A DATA PROVIDER
4.1 - Provider Materials
Customer is solely responsible for all Provider Materials, including their accuracy, quality, completeness, legality, and compliance with these Marketplace Terms and the Marketplace Policies. Unless Earthmover is acting as a Data Provider, Earthmover bears no responsibility or liability for Provider Materials. Customer represents and warrants that it has all necessary rights, licenses, consents, and permissions to offer its Provider Materials in the Marketplace, and that the Provider Materials do not infringe, misappropriate, or violate any third-party rights or applicable law. Customer will promptly investigate, defend, settle, and resolve all Provider Materials Claims at its sole cost.
4.2 - Listing Information and Listing Terms
Customer is responsible for providing accurate and complete Listing Information for each Product, including description, applicable license terms, Product Cost (if any), hosting arrangement, and data format. Customer's Listing Terms must, at a minimum: (a) clarify that the agreement is solely between Customer and the Data Consumer, not Earthmover; (b) confirm that Customer is solely responsible for the Product and its obligations under the Listing Terms; and (c) address any applicable data processing terms if the Product involves processing of personal data.
4.3 - License Compatibility
Customer is solely responsible for selecting a license appropriate for the intended use case and compatible with the rights Customer holds in the underlying data or software. Earthmover bears no responsibility for any mismatch between a selected license and a Data Consumer's intended use. Customer will update Listing Information promptly if applicable license terms change.
4.4 - Support and Compliance
Customer is solely responsible for all support, maintenance, and communications with Data Consumers regarding its Products, and for providing and maintaining accurate contact information in the Listing Information. Customer represents and warrants that it will comply with all applicable laws in connection with its use of the Marketplace as a Data Provider, including laws applicable to the collection, use, licensing, and distribution of data in its Products.
4.5 - Consumer Use; No Sensitive Personal Data
Earthmover asserts no control over or responsibility for how Data Consumers use Provider Materials. Customer's recourse for misuse is against the applicable Data Consumer under the applicable Listing Terms. Customer may not include Sensitive Personal Data in any Provider Materials offered through the Marketplace and represents and warrants that its Provider Materials do not contain Sensitive Personal Data unless expressly authorized in writing by Earthmover.
4.6 - Security; Third-Party Notices; Export Controls
Customer must promptly notify Earthmover at support@earthmover.io of any known or suspected security breach or exploitable vulnerability related to its Provider Materials. Customer will promptly handle all takedown requests and infringement notices relating to its Provider Materials and notify Earthmover of such requests. Customer will comply with all applicable export control laws and represents and warrants that it is not listed on any government restricted party list and will not offer Provider Materials in violation of any applicable embargo or restriction.
4.7 - Listing Retirement
If Customer intends to discontinue offering a Product, Customer will provide Data Consumers with at least sixty (60) days' prior written notice ("Retirement Notice Period") and will continue making the Product available during that period, unless Earthmover terminates or suspends the listing for cause or applicable law requires earlier removal.
4.8 - Revenue Share
To the extent Customer uses Earthmover's Marketplace monetization features to offer paid Products, Customer's receipt of revenue from Transactions is subject to the then-current Earthmover Marketplace Revenue Share Agreement, which is incorporated herein by reference and will be provided to Customer separately. Earthmover will act as limited payment collection agent on behalf of Data Providers solely for purposes of facilitating collection and remittance of Product Costs.
4.9 - Confidentiality of Listing Terms
The commercial terms of any Transaction, including Product Cost and any negotiated pricing terms, are confidential as between the Data Provider and the applicable Data Consumer. Neither party to a Transaction will disclose those commercial terms to any third party without the other party's prior written consent, except as required by law or to enforce the Listing Terms. This obligation does not apply to information that is publicly available in the Listing Information.
4.10 - Application to Earthmover
For Earthmover's obligations when Earthmover is acting as a Data Provider with respect to Earthmover Products, see Section 5.1.
5 - EARTHMOVER AS DATA PROVIDER
5.1 - Earthmover Products
Earthmover may offer its own Products in the Marketplace as a Data Provider ("Earthmover Products"). When Earthmover offers Earthmover Products as a Data Provider, Earthmover is bound by the substantive obligations set forth in Section 4 (Use as a Data Provider) with respect to those Earthmover Products. The representations, warranties, indemnities, and notification obligations in Section 4 that would otherwise run from Customer to Earthmover instead run from Earthmover to the applicable Data Consumer, except that the warranty in this Section 5.1 governs in lieu of any disclaimer in Section 4 with respect to Earthmover Products. In the event of a conflict between these Marketplace Terms and any Listing Terms applicable to Earthmover Products, the Listing Terms take precedence solely with respect to those Products. Earthmover warrants that each Earthmover Product will perform in material conformance with its applicable Documentation during the subscription or license term, except for previews, beta features, and Customer Configurations.
5.2 - Customer Configurations; External Services
Customer is solely responsible for any configurations or customizations it applies to Earthmover Products ("Customer Configurations"), including their accuracy, content, and legal compliance, and for evaluating whether Customer Configurations or default configurations meet Customer's requirements. Customer may use third-party products or services in connection with Earthmover Products ("External Services"), which are not part of the Marketplace or Platform. Earthmover has no obligations or liability with respect to External Services or data transmitted to or from them.
6 - INTELLECTUAL PROPERTY
6.1 - Earthmover Rights
All right, title, and interest in and to the Marketplace, its underlying technology, and related documentation belong to Earthmover or its licensors. No intellectual property rights are granted to Customer except as expressly set forth in these Marketplace Terms. Earthmover may freely use feedback or suggestions provided by Customer to improve its products and services.
6.2 - Data Provider License Grant
If Customer is a Data Provider, Customer grants Earthmover a non-exclusive, worldwide, royalty-free license to: (a) reproduce, display, and distribute Listing Information and Provider Profile through the Marketplace and Earthmover's marketing channels; and (b) host, cache, and transmit Provider Materials as necessary to make them available to Data Consumers under the applicable Listing Terms. This license terminates upon removal of the applicable Product from the Marketplace, subject to Section 4.7. Customer retains all right, title, and interest in and to its Provider Materials and Listing Information.
6.3 - Content Moderation; Usage Data
Earthmover may modify, restrict, or remove Listing Information or Provider Materials, or limit, suspend, or terminate a Data Provider's access to the Marketplace, if Earthmover determines that Provider Materials violate these Marketplace Terms or Marketplace Policies, create legal, regulatory, security, or reputational risks, are subject to a valid takedown order, or are otherwise unlawful. Earthmover has no obligation to monitor Provider Materials. Data Providers may appeal decisions by contacting support@earthmover.io. Earthmover may also collect and use anonymized and aggregated usage data to improve and operate its products and services.
7 - TERM AND TERMINATION
7.1 - Term; Termination for Convenience
These Marketplace Terms commence on the date Customer first accepts them and continue until terminated. Customer may cease use of the Marketplace at any time; provided that cessation of use does not release Customer from any Listing Terms already in effect, which will continue to bind Customer until their natural expiration or earlier termination in accordance with their terms. Earthmover may terminate these Marketplace Terms for convenience upon ninety (90) days' prior written notice to Customer.
7.2 - Termination for Cause
Earthmover may terminate these Marketplace Terms immediately, or suspend Customer's access, if: (a) Customer breaches any material provision and fails to cure within thirty (30) days after notice (or immediately if the breach is incapable of cure or creates imminent risk of harm); (b) Customer violates applicable law; or (c) Customer creates material legal, regulatory, security, or reputational risk for Earthmover. Customer may terminate immediately if Earthmover materially breaches these Marketplace Terms and fails to cure within thirty (30) days after written notice.
7.3 - Effect of Termination; Survival
Upon termination, Customer's access to the Marketplace will be disabled and Customer will cease all use. Termination does not entitle Customer to any refund and does not affect obligations that accrued prior to termination. The following provisions survive termination: Sections 3.1, 3.3, 3.5, 3.7, 4.1, 4.5, 4.6, 4.8, 4.9, 5.1, 6.1, 6.3 (usage data), 7, 8, 9, 10, 11, and 12. Where a surviving provision specifies its own survival period, that period controls.
8 - INDEMNIFICATION
8.1 - Indemnification by Earthmover
Earthmover will defend Customer against any third-party claim, action, or proceeding alleging that the Marketplace itself (excluding Provider Materials and Customer Configurations), when used in accordance with these Marketplace Terms and the Documentation, infringes such third party's intellectual property rights, and will indemnify Customer for damages and costs finally awarded or agreed in settlement (including reasonable attorneys' fees). This obligation does not apply to claims arising from: (a) Customer's gross negligence or willful misconduct; (b) modifications to the Marketplace not made by Earthmover; (c) use of Provider Materials or Customer Configurations; or (d) combination, operation, or use of the Marketplace with any other software, data, services, or materials not provided by Earthmover where the claim would not have arisen but for such combination.
8.2 - Indemnification by Customer
Customer will defend and indemnify Earthmover and its affiliates, officers, directors, employees, and agents against any third-party claim, action, or proceeding (including any claim, action, investigation, or enforcement proceeding brought by a governmental or regulatory authority) arising from or relating to: (a) where Customer is a Data Provider, Customer's Provider Materials, Listing Terms, or obligations to Data Consumers; (b) where Customer is a Data Consumer, Customer's use of Provider Materials in violation of applicable Listing Terms or applicable law; (c) Customer's breach of these Marketplace Terms or the Marketplace Policies; (d) Customer's infringement, misappropriation, or violation of any third-party intellectual property, contractual, or proprietary rights; (e) Customer's collection, use, disclosure, transfer, or security of any data, including any Personal Data and any violation of applicable data protection laws; (f) Customer's failure to comply with any tax obligations applicable to Customer (excluding any sales, use, GST, or value-added Taxes on Marketplace Transactions to the extent Earthmover is responsible for collecting and remitting such Taxes through the Marketplace), including any inaccurate tax information provided by Customer or any tax exemption claimed by Customer in error; and (g) Customer's violation of any applicable export control, sanctions, or import laws or regulations. Customer will indemnify Earthmover for damages and costs finally awarded or agreed in settlement (including reasonable attorneys' fees, fines, and penalties). This obligation does not apply to claims solely caused by Earthmover's gross negligence or willful misconduct. For purposes of this Section, Customer's affiliates, employees, contractors, agents, and end users are considered third parties.
8.3 - Indemnification Procedures
The indemnified party will promptly notify the indemnifying party in writing of the claim, give the indemnifying party sole control of the defense and settlement (at the indemnifying party's expense), and provide reasonable cooperation. The indemnifying party may not settle any claim that binds the indemnified party to a material obligation or requires an admission of fault without the indemnified party's prior written consent. Failure to provide timely notice will not relieve the indemnifying party of its obligations except to the extent of actual material prejudice from the delay.
9 - WARRANTY AND DISCLAIMER
Earthmover warrants that the Marketplace platform will perform in material conformance with the applicable Documentation. Earthmover Products carry the additional warranty set forth in Section 5.1. EXCEPT AS EXPRESSLY SET FORTH IN SECTIONS 5.1 AND 9, THE MARKETPLACE AND ALL PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. EARTHMOVER EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. EARTHMOVER DOES NOT WARRANT THAT THE MARKETPLACE WILL BE UNINTERRUPTED OR ERROR-FREE, AND MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING ANY THIRD-PARTY PROVIDER MATERIALS.
10 - LIMITATIONS OF LIABILITY
10.1 - Exclusion of Consequential Damages
EXCEPT WITH RESPECT TO EXCLUDED CLAIMS, IN NO EVENT WILL EITHER PARTY OR ITS AFFILIATES BE LIABLE FOR ANY LOSS OF USE, LOST OR INACCURATE DATA, INTERRUPTION OF BUSINESS, COVER COSTS, LOST PROFITS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.
10.2 - Aggregate Liability Cap
EXCEPT WITH RESPECT TO EXCLUDED CLAIMS, EACH PARTY'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING UNDER OR IN CONNECTION WITH THESE MARKETPLACE TERMS WILL NOT EXCEED THE GREATER OF: (A) FIFTY THOUSAND U.S. DOLLARS ($50,000); OR (B) THE TOTAL FEES PAID OR PAYABLE BY CUSTOMER TO EARTHMOVER (EXCLUDING AMOUNTS PAID TO DATA PROVIDERS) DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. "Excluded Claims" means: (a) either party's payment obligations; (b) either party's indemnification obligations under Section 8; (c) Customer's breach of Section 4.5 (No Sensitive Personal Data); and (d) liability that cannot be limited under applicable law. The liability limitations in this Section reflect a reasonable allocation of risk and form an essential basis of the bargain between the parties.
11 - GENERAL TERMS
11.1 - Governing Law; Dispute Resolution
These Marketplace Terms are governed by the laws of the State of Delaware and the United States, without regard to conflicts of law principles or the UN Convention on the International Sale of Goods. Before initiating any legal proceeding, the parties will attempt to resolve disputes through good faith negotiation between senior representatives for thirty (30) days following written notice (or longer if agreed). Thereafter, either party may pursue its rights in the state and federal courts located in the State of Delaware, to whose jurisdiction the parties consent. Nothing herein prevents either party from seeking emergency injunctive relief where necessary to prevent irreparable harm.
11.2 - Assignment
Neither party may assign these Marketplace Terms without the other's prior written consent, except in connection with a merger, acquisition, or sale of all or substantially all of its assets or equity to a successor that assumes all obligations hereunder. Any attempted assignment in violation of this Section is void.
11.3 - General
If any provision is held unenforceable or invalid, it will be modified to the minimum extent necessary to make it enforceable, and all other provisions remain in effect. No waiver is effective unless in writing signed by an authorized representative; no failure to exercise a right constitutes a waiver. Neither party will be liable for delays or failures to perform (other than payment obligations) caused by circumstances beyond its reasonable control, provided the affected party gives prompt written notice and uses commercially reasonable efforts to resume performance. The parties are independent contractors; nothing herein creates a partnership, joint venture, employment relationship, or agency. Earthmover will use commercially reasonable efforts to make the Marketplace accessible to eligible Customers on a non-discriminatory basis, subject to its right to deny access for violations of these Marketplace Terms or Marketplace Policies. These Marketplace Terms are executed in English only; any translation is for convenience only.
11.4 - Confidentiality
"Confidential Information" means any non-public information disclosed by one party ("Disclosing Party") to the other ("Receiving Party") in connection with these Marketplace Terms that is marked or identified as confidential at the time of disclosure or that should reasonably be understood to be confidential given the nature of the information and the circumstances of disclosure, including the commercial terms of any Transaction and either party's business, technical, financial, customer, product, or operational information. Each party will protect the other party's Confidential Information using at least the same care it uses for its own confidential information (not less than reasonable care), will use it solely to perform its obligations and exercise its rights under these Marketplace Terms, and will limit access to those of its personnel and contractors with a need to know who are bound by confidentiality obligations no less protective than those set forth herein. Confidential Information excludes information that: (a) was already known to the Receiving Party without restriction; (b) is or becomes publicly known through no fault of the Receiving Party; (c) is rightfully received from a third party without restriction; or (d) is independently developed without reference to the Disclosing Party's information. The Receiving Party may disclose Confidential Information to the extent required by applicable law, regulation, subpoena, or court order, provided that, where legally permitted, the Receiving Party gives the Disclosing Party prompt prior notice and reasonable cooperation in seeking a protective order or other appropriate remedy. The parties acknowledge that unauthorized disclosure or use of Confidential Information may cause irreparable harm for which monetary damages may be inadequate, and the Disclosing Party may seek injunctive or other equitable relief in addition to any other available remedies, without the requirement of posting a bond. The confidentiality obligations in this Section survive termination of these Marketplace Terms for five (5) years; provided that obligations with respect to trade secrets continue for as long as the information remains a trade secret under applicable law.
11.5 - Notices; Entire Agreement
All notices must be in writing by email: for Earthmover, to support@earthmover.io; for Customer, to the account administrator email configured in Customer's Marketplace or Platform account. Notices are deemed delivered on the day sent. These Marketplace Terms, together with the Earthmover Marketplace Revenue Share Agreement (where applicable) and any applicable Listing Terms, constitute the complete agreement between the parties with respect to the Marketplace and supersede all prior agreements on this subject. In the event of conflict, the order of precedence is: (a) the Order Form (where applicable); (b) the Platform Terms (if applicable and only as to Platform subject matter); (c) these Marketplace Terms; (d) the Marketplace Policies; and (e) Listing Terms as between Earthmover and Customer.
12 - DEFINITIONS
"Consumer Usage Data" has the meaning set forth in Section 3.5.
"Customer Configurations" has the meaning set forth in Section 5.2.
"Data Consumer" means a Customer who accesses, downloads, or purchases Products from the Marketplace.
"Data Provider" means a Customer who offers Products in the Marketplace, including Earthmover when offering Earthmover Products.
"Documentation" means the current technical documentation and usage guides for the Marketplace at https://docs.earthmover.io/marketplace/.
"Earthmover Products" has the meaning set forth in Section 5.1.
"External Services" has the meaning set forth in Section 5.2.
"Listing Information" means the metadata, description, licensing terms, pricing, and other information about a Product provided by or on behalf of the applicable Data Provider, including the Listing Terms.
"Listing Terms" means the license rights, pricing terms, and other terms between a Data Provider and a Data Consumer governing a Transaction.
"Marketplace Policies" has the meaning set forth in Section 2.4.
"Personal Data" means any information relating to an identified or identifiable natural person, as defined under applicable data protection laws.
"Platform Terms" means the agreement governing Customer's access to and use of the Earthmover Platform, whether in the form of Earthmover's standard Terms of Service (available at https://docs.earthmover.io/terms-of-service) or a separately negotiated enterprise agreement, as applicable to Customer. References to the Platform Terms apply only to Customers subject to such an agreement.
"Product" means any dataset, software, service, or other offering made available by a Data Provider in the Marketplace.
"Product Cost" means the price specified by a Data Provider for a Transaction under the applicable Listing Terms.
"Provider Materials" means the Products, Listing Information, and Provider Profile offered or provided by a Data Provider.
"Provider Materials Claims" has the meaning set forth in Section 3.1.
"Retirement Notice Period" has the meaning set forth in Section 4.7.
"Sensitive Personal Data" means Personal Data that, under applicable data protection laws, is treated as sensitive, special category, or otherwise subject to heightened protection.
"Taxes" means any taxes, levies, duties, or similar governmental assessments, including sales, use, GST, value-added, or withholding taxes, but excluding taxes on Earthmover's net income.
"Transaction" means any procurement, access, download, or purchase of a Product by a Data Consumer from a Data Provider.
Prior Versions
- Current Terms of Service
- Marketplace Terms and Conditions (18 May 2026) (this page)