Terms of Service

These Terms of Service (“Terms”) form a binding agreement between you and Profiva, Inc. (“Profiva,” “we,” “our”) and govern your access to and use of the Profiva marketplace at profiva.com and any associated APIs, services, or tools (collectively, the “Services”). By creating an account, uploading a dataset, purchasing a license, or otherwise using the Services, you agree to these Terms. If you do not agree, do not use the Services.

If you are accepting on behalf of an organization, you represent that you have authority to bind that organization to these Terms, and “you” refers to that organization.

You must be at least 18 years old and legally able to enter contracts in your jurisdiction to create an account. You are responsible for maintaining the confidentiality of your credentials and for all activity under your account. Notify us immediately at security@profiva.com of any unauthorized access.

Profiva operates a two-sided marketplace for geospatial, industrial, and related data. Providers (“Sellers”) list datasets for purchase. Buyers license those datasets either as a one-time purchase or as a recurring subscription, as specified on each listing.

Profiva is not the creator of the datasets listed by third-party Sellers. We do not warrant the accuracy, completeness, or fitness for any particular purpose of those datasets. Buyers acquire licenses directly from Sellers, with Profiva acting as a limited facilitator and payment processor through our Stripe integration.

All payments are processed through Stripe, Inc. By making a purchase, you also agree to Stripe’s Terms of Service. Prices are displayed in U.S. dollars and are exclusive of applicable taxes, which may be added at checkout based on your billing location.

Profiva retains a platform fee on each transaction. The fee is included in the price you see as a Buyer — you are never charged more than the listed price. The remainder, after the platform fee and Stripe processing fees, is remitted to the Seller via Stripe Connect.

Refunds. One-time purchases are non-refundable once a download is initiated or data access is delivered, except where required by law. Subscription charges are non-refundable for the current billing period. You may cancel auto-renewal at any time from your account dashboard; cancellation takes effect at the end of the current period.

Unless the Seller specifies alternate license terms on the listing, each purchase grants you a non-exclusive, non-transferable, revocable license to use the dataset for your internal business or personal purposes. You may not resell, redistribute, sublicense, or create a competing data product from purchased datasets without written permission from the Seller.

Subscription licenses are effective only while the subscription is active and paid in full. If your subscription lapses, access to the dataset ends.

If you list datasets as a Seller, you represent and warrant that (a) you own or have all necessary rights, licenses, and consents to distribute the data; (b) the data does not infringe any third-party intellectual property rights; (c) the data does not contain personally identifiable information in violation of applicable law; and (d) the data does not violate any export-control, privacy, or regulatory requirement.

Sellers must complete Stripe Connect onboarding before a listing can be published. Tax reporting (including W-9/W-8BEN collection) is handled through the Stripe Express dashboard.

You grant Profiva a worldwide, royalty-free license to store, host, transmit, and display your datasets solely to operate the Services and fulfill purchases by Buyers.

You may not use the Services to upload illegal content, infringe others’ rights, distribute malware, scrape at abusive rates, evade rate limits, reverse-engineer paid datasets you have not licensed, or otherwise undermine the integrity of the marketplace. Profiva may suspend or terminate accounts that violate this section, with or without notice.

Profiva may review, flag, or remove listings at our discretion — for example, in response to copyright claims, privacy complaints, or suspected fraud. First-time Sellers’ initial listings may be held for review before appearing publicly. Removals may include the seller’s notification by email and a written reason where appropriate.

The Services are provided “as is” and “as available.” To the fullest extent permitted by law, Profiva disclaims all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that the Services will be uninterrupted, error-free, or secure against every threat.

To the fullest extent permitted by law, Profiva’s aggregate liability to you for any claim arising out of or relating to the Services or these Terms will not exceed the greater of (a) the amount you paid to Profiva in the twelve (12) months preceding the claim, or (b) one hundred U.S. dollars (USD 100). In no event will Profiva be liable for indirect, incidental, special, consequential, or punitive damages.

You agree to indemnify and hold Profiva harmless from any claim, demand, or damages arising out of your breach of these Terms, your violation of law, your datasets (if you are a Seller), or your use of datasets purchased through the marketplace.

You may close your account at any time. We may suspend or terminate your access for breach of these Terms, legal compliance, or for prolonged inactivity. Obligations that by their nature should survive termination (including payment obligations, indemnification, and limitation of liability) will survive.

These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-laws principles. Disputes will be resolved by the state or federal courts located in Delaware, and you and Profiva consent to exclusive personal jurisdiction there.

We may update these Terms from time to time. If we make material changes, we will notify you by email or by posting a prominent notice in the Services before the changes take effect. Continued use after the effective date constitutes acceptance of the updated Terms.

Questions about these Terms? Email us at legal@profiva.com or visit our contact page.