Terms of Service

Effective Date: March 1, 2026

Please read these Terms of Service ("Terms") carefully, as they govern your access to and use of our website, platform, and services. These Terms constitute a binding legal agreement between you (the "User," which includes both Buyers and Sellers) and Spartera, Inc. ("Spartera," "we," "us," or "our").

1. Acceptance of Terms and Governing Agreements

By accessing or using Spartera's website (spartera.com, marketplace.spartera.com, app.spartera.com) and services, you affirm that you are of legal age to enter into these Terms and agree to be bound by them. If you do not agree, you may not access or use our services.

  • Seller Agreements: If you are a Seller/Partner on the Marketplace, your rights and obligations are also governed by a separate, specific agreement (the "Platform Partner Agreement" or "Custodian Services Agreement"), which supplements these general Terms. In the event of a conflict, the specific Partner agreement shall take precedence regarding revenue, data rights, and specialized liability.
  • Authority: If you are accessing or using the services on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms.
  • Export Compliance: You agree to comply with all U.S. and foreign export laws and regulations. You represent and warrant that you are not on any U.S. or foreign government list of prohibited or restricted parties.

2. Description of Services

Spartera operates a digital marketplace that connects Sellers (Data Providers) with Buyers (Customers) seeking analytics, insights, visualizations, and live data access. We facilitate transactions by providing the infrastructure for search, processing, payment, and delivery. Spartera is not a data broker; it provides a platform and, in some cases, analytics creation services. Spartera does not store, retain, or resell raw Seller data.

Data Sourcing Models (Governing Liability)

  • Platform Model: Analytics processing occurs in the Sellers' external infrastructure. Spartera acts solely as the marketplace platform and conduit.
  • Custodian Model: Spartera hosts, manages, and performs the analytics processing on the Seller's Source Data. Spartera acts as both the platform and the analytics provider.
  • API Data Products Model: Sellers expose live data endpoints accessible to Buyers via Spartera's API infrastructure. Spartera facilitates authenticated query routing and usage metering but does not store, cache, or retain the underlying data returned by the Seller's systems. Buyers purchase the right to query a Seller's live data source; Spartera does not guarantee the availability, accuracy, completeness, or freshness of data returned by Seller systems. All liability for data quality and endpoint availability in this model rests solely with the Seller.

3. User Accounts and Responsibilities

  • Account Creation: User accounts are created and maintained using Google and Microsoft Single Sign-On (SSO) authentication. Spartera does not manage a separate user registration process.
  • User Responsibility: You are solely responsible for maintaining the security and confidentiality of your linked Google or Microsoft account credentials and for all activities that occur under your account. Spartera will not be liable for any losses or damages arising from unauthorized access to your account.

4. User-Generated Content and IP Safety

  • Review Submission: Users may submit reviews, ratings, and feedback ("User Content") regarding purchased analytics or Seller performance. All User Content must comply with standard e-commerce marketplace rules and must not be false, misleading, defamatory, or violate any third-party rights.
  • License and Moderation: By submitting User Content, you grant Spartera a perpetual, irrevocable, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in any medium. Spartera reserves the right, but not the obligation, to remove, edit, or refuse to publish any User Content at its sole discretion for any reason, including violation of these Terms or for objectionable content.
  • Copyright Takedown Procedure: Spartera respects the intellectual property rights of others and is committed to following all applicable laws regarding copyright infringement. If you believe any content or analytics available on the Marketplace infringes your copyright, you must submit a written request containing the following information to support@spartera.com: (a) identification of the copyrighted work claimed to have been infringed; (b) identification of the material claimed to be infringing; (c) your contact information; and (d) a statement, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner, and that the information provided is accurate. Upon receipt of a compliant notice, Spartera will take appropriate action, which may include removing or disabling access to the allegedly infringing material.

5. Prohibited Conduct and Restricted Use of Analytics

You agree to use Spartera's services and any purchased analytics or data access in accordance with all applicable international, federal, state, and local laws and regulations. You shall not

  • Engage in any unlawful, fraudulent, abusive, or harmful activity, as determined by Spartera.
  • Interfere with the operation, security, or integrity of our services or attempt to gain unauthorized access to our systems or other users' accounts.

Restrictions on Purchased Analytics, Data Access, and Content: You shall not, directly or indirectly

  • Competitive Use: Use the services or purchased analytics to create any service, software, or documentation that performs substantially the same functionality as the Content or otherwise competes with or causes harm to Spartera's products, services, or other business operations.
  • AI/ML Training: Use the services, purchased analytics, API responses, or any data or information derived therefrom, to directly or indirectly create, train, test, or otherwise improve any machine learning algorithms or artificial intelligence system, including any architectures, models, or weights.
  • Data Harvesting: Engage in any "data mining," "deep-link," "page-scrape," "crawls," or use "bots," "spiders," or similar data gathering and extraction tools or methods in connection with the Content (through use of manual or automated means).
  • Reverse Engineering: Disassemble, decompile, reverse-engineer, or use any other means to attempt to discover any source code, algorithms, or trade secrets underlying the services.
  • API Abuse: Exceed your purchased query limits, share API credentials with unauthorized third parties, attempt to circumvent usage metering, or use automated systems to systematically extract data beyond the scope of your purchased access. Spartera reserves the right to rate-limit, suspend, or terminate API access for any account found to be in violation of this provision.
  • Data Redistribution: Resell, sublicense, redistribute, publish, or otherwise make available to any third party any data, analytics output, or API responses obtained through the Spartera platform without the express written consent of both Spartera and the applicable Seller.

6. Transactions and Credits (Buyers)

  • Payment Processing: Spartera uses Stripe as its third-party payment processor for all transactions. Spartera is not responsible for any security breaches or errors on the part of the payment processor.
  • Fees and Credits: Spartera charges fees in the form of pre-purchased Credits, which are required to process and consume analytics and data products on the platform. Spartera remits payments to Sellers from these credit fees according to separate agreements. Customers may purchase credits via one-time payments, bundled discounts, or subscription plans.
  • Credit Terms: All credit purchases are final and non-refundable. Purchased Credits do not expire. Credits retain their purchased transactional value regardless of any future changes to the list price of a single Credit. Credits acquired via a subscription plan will automatically roll over from one subscription period to the next.
  • Refund Policy: Due to the instant, high-value nature of analytical data and live data consumption, Spartera does not offer any refunds for processed analytics, API query results, or purchased credits. All sales are final. Spartera may, in its sole discretion, assist in mediating disputes between Buyers and Sellers regarding analytic or data quality.
  • Chargebacks: Spartera, as the merchant of record, is responsible for responding to payment disputes and chargebacks initiated by Buyers with their card issuer. By making a purchase, you agree to contact Spartera at support@spartera.com before initiating any chargeback with your financial institution. Spartera reserves the right to suspend or terminate accounts associated with fraudulent or unwarranted chargebacks.

7. Seller Payouts and Stripe Connect

This section governs how Sellers receive payment for analytics and data products sold through the Spartera marketplace.

  • Payout Schedule: Spartera remits Seller earnings on a monthly basis, calculated as eighty percent (80%) of gross revenue attributable to each Seller's products during the prior calendar month, less any applicable adjustments for chargebacks, refunds, or disputed amounts. Spartera retains twenty percent (20%) as a platform fee. Spartera reserves the right to modify the payout schedule or revenue share upon thirty (30) days' written notice to Sellers.
  • Stripe Connect Requirement: To receive payouts, Sellers must connect a valid Stripe account to their Spartera profile via Stripe Connect Express. By connecting a Stripe account, Sellers enter into a direct relationship with Stripe, Inc. and agree to be bound by the Stripe Connected Account Agreement (available at stripe.com/legal/connect-account). Spartera is not responsible for Stripe's actions, platform fees, payout delays, or errors in processing Seller payouts.
  • Payout Withholding: Spartera reserves the right to withhold, delay, or adjust Seller payouts in the following circumstances: (a) investigation of suspected fraud, money laundering, or violation of these Terms; (b) a chargeback or payment dispute has been initiated that is directly attributable to the Seller's product, data quality, or misrepresentation, in which case Spartera may deduct the full chargeback amount, plus any associated fees, from current or future Seller payouts; (c) the Seller's Stripe account is not properly configured or has been flagged by Stripe; or (d) the Seller's account has been suspended or terminated.
  • Minimum Payout Threshold: Spartera reserves the right to establish a minimum payout threshold, below which earnings will be carried forward to the following month. Any applicable threshold will be communicated to Sellers in advance.
  • Tax Responsibility: Sellers are solely responsible for determining, reporting, and remitting all applicable taxes on earnings received through the Spartera platform, including but not limited to income tax, self-employment tax, VAT, and sales tax. Spartera may issue IRS Form 1099-K or equivalent tax documentation where required by law. Spartera does not provide tax advice.
  • Unclaimed Payouts: If a Seller's Stripe account becomes invalid, disconnected, or otherwise unable to receive transfers, Spartera will make reasonable efforts to notify the Seller. Earnings that remain uncollectable for more than ninety (90) days due to Seller inaction may be forfeited at Spartera's discretion.

8. Intellectual Property

  • Spartera's Intellectual Property: Spartera owns all rights, title, and interest in and to its website, platform technology, code, logo, name, slogan, backend AI/engineering processes, and other intellectual property.
  • Purchased Analytics and Data Access License (Buyers): Buyers are granted a non-exclusive, non-transferable license to use purchased insights, statistics, visualizations, and API query results primarily for their internal business purposes. If a Buyer publishes any purchased visualization or insight publicly (e.g., on a website or in communications), the Buyer must provide prominent attribution to the Seller and/or Spartera. This license does not include the right to redistribute, resell, or sublicense any data or analytical output. This license is subject to the restrictions in Section 5.
  • Seller Content: Sellers retain ownership of the underlying data (Source Data) and live data endpoints they provide. Spartera is granted the necessary license to route, process, meter, and resell access to the analytical output and API responses as detailed in the separate Partner agreement.

9. Data and Privacy

Spartera's collection, use, and disclosure of user data are described in our separate Privacy Policy, which is incorporated by reference into these Terms.

  • Data Sharing: No personal Buyer data is shared with Sellers; only anonymous, aggregated data is shared to help Sellers improve their offerings.
  • No Data Storage for API Products: For API Data Products, Spartera acts solely as an authenticated routing and metering layer. Spartera does not store, cache, log (beyond usage metering), or retain the content of data returned by Seller endpoints. Buyers acknowledge that queried data is delivered directly from Seller infrastructure and that Spartera assumes no responsibility for its content, accuracy, or availability.
  • Custodian Data Management (Sellers): For data sets provided by Sellers under the Custodian Model, Spartera acts as a Data Processor and host on behalf of the Partner (who is the Data Controller). Spartera utilizes state-of-the-art cloud technologies and best practices in Google Cloud Platform to protect this Seller Source Data.
  • No Expectation of Confidentiality: You acknowledge that, unless otherwise agreed in a separate written Non-Disclosure Agreement, Spartera may use generalized information and feedback related to your use of the services for internal development, reporting, and marketing purposes.

10. Liability and Disclaimers

Disclaimer of Warranties: Spartera provides its services "AS IS" and "AS AVAILABLE" without any warranties of any kind, express or implied. Spartera does not warrant that the services will be uninterrupted, error-free, secure, or free from viruses or other harmful components. Specific warranty coverage depends on the data sourcing model.

Analytic Quality and Content Responsibility

  • Platform Model: Spartera expressly disclaims all responsibility for the quality, accuracy, reliability, and content of analytics processed in the Seller's external infrastructure. The responsibility for the analytic output rests solely with the Seller/Data Provider.
  • Custodian Model: Spartera is responsible for the processing execution, including the availability and security of its environment to run the data transformation logic. Spartera expressly disclaims all warranties regarding the subjective quality, commercial fitness, or objective accuracy of the final analytic output. The quality of the output is directly contingent upon the Seller's underlying Source Data, which Spartera does not warrant.
  • API Data Products Model: Spartera expressly disclaims all responsibility for the availability, latency, accuracy, completeness, or content of data returned by Seller-operated live data endpoints. Spartera's sole responsibility in this model is the authenticated routing and metering of API requests. Sellers are solely responsible for the uptime, security, and data quality of their endpoints.

Infrastructure and Performance Responsibility

  • Platform Model: Spartera assumes no responsibility for the security, availability, connectivity, speeds, or latencies associated with the Seller's external infrastructure/cloud environments. This responsibility rests solely with the Seller.
  • Custodian Model: Spartera assumes responsibility for the connectivity, speeds, and security of its own processing environment but does not warrant that the processing will be entirely uninterrupted or error-free, as services are provided using commercially reasonable efforts.
  • API Data Products Model: Spartera is responsible solely for the availability of its routing and authentication infrastructure. Spartera assumes no responsibility for the availability or performance of Seller-operated data endpoints. Buyers acknowledge that API product availability is dependent on third-party Seller infrastructure outside of Spartera's control.

Data Loss and Corruption: Spartera expressly disclaims any warranty regarding the loss or corruption of data or content uploaded to, stored by, or transmitted by the services, including without limitation Seller Source Data.

Chargeback Recovery: In the event that Spartera incurs a chargeback, payment dispute, fine, or associated processing fee that is directly attributable to a Seller's product, data quality failure, misrepresentation, or violation of these Terms, Spartera reserves the right to recover the full amount of such chargeback plus any associated fees from the Seller by deducting such amounts from current or future Seller payouts. Spartera will provide the Seller with written notice of any such deduction.

Limitation of Liability: To the fullest extent permitted by law, Spartera shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including, but not limited to, loss of profits, data, or use, arising out of or in connection with your use of our services. In no event shall Spartera's total aggregate liability exceed the greater of: (i) the total amounts paid by you to Spartera for the use of the services over the six (6) months immediately prior to the date on which the applicable claim first accrued, or (ii) Ten U.S. Dollars ($10.00).

11. Indemnification

You agree to indemnify, defend, and hold harmless Spartera and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to, your User-Generated Content, your data products or endpoints, or your violation of any third-party rights, including intellectual property or privacy rights.

12. Termination

Grounds for Termination: Spartera may suspend your account and access to the services immediately for investigation or terminate your account immediately upon notice for

  • Violation of these Terms, including the restrictions in Section 5.
  • Engaging in bad behavior, attempting to hack our systems, or other similar reasons, as determined by Spartera in its sole discretion.
  • For any other reason, or no reason, upon thirty (30) days' written notice.

Effect of Termination: Upon termination, your account access will cease. Spartera may immediately delete your data, content, and account. Any remaining, unused, or unexpired credits will be immediately and irrevocably forfeited and voided without refund, and you expressly waive any right to such credits. Spartera may also alert authorities if warranted.

Effect of Termination on Seller Payouts: Upon termination of a Seller account, Spartera will calculate any outstanding earnings owed through the termination date. Spartera reserves the right to withhold final payouts for up to ninety (90) days following termination to allow for the resolution of any pending chargebacks, disputes, or investigations. Any amounts subject to chargeback recovery under Section 10 will be deducted before final disbursement. Spartera is not obligated to disburse final payouts to Sellers terminated for cause, including fraud or material violation of these Terms.

13. Force Majeure

Neither party shall be liable for any failure or delay in performance under these Terms, other than for payment obligations, for causes beyond that party's reasonable control, including, without limitation, acts of God, war, acts of terrorism, riots, embargoes, fire, flood, or other natural disaster, delays in transportation, or governmental acts.

14. Governing Law and Dispute Resolution

Governing Law: These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without regard to its conflict of laws principles.

Binding Arbitration and Class Action Waiver: BY USING SPARTERA'S SERVICES, YOU HEREBY WILLINGLY, EXPRESSLY, AND KNOWINGLY WAIVE ALL RIGHT TO BRING OR PARTICIPATE IN ANY CLASS-ACTION LAWSUIT, CLASS-WIDE ARBITRATION, OR PRIVATE ATTORNEY-GENERAL ACTION BROUGHT UNDER OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICES. Any disputes arising out of or relating to these Terms shall be resolved solely through binding arbitration in accordance with the rules of the American Arbitration Association. If arbitration is unsuccessful, litigation may be pursued in a court of competent jurisdiction in Virginia.

15. Marketing Communications

By creating an account or completing a transaction on the Spartera Marketplace, you consent to receive marketing and operational communications from Spartera. The specific types of communications you may receive depend on your role on the platform.

Communications by Role

  • Buyers: Buyers may receive communications including: new analytics product announcements and marketplace updates, curated product recommendations based on purchase history, platform feature releases and usage tips, promotional credit offers, and Spartera newsletters and industry insights.
  • Sellers: Sellers may receive communications including: platform and API feature announcements, seller-specific newsletters and monetization guides, marketplace performance reports and revenue opportunity alerts, promotional campaigns in which Seller Content may be featured, and partner spotlights or co-marketing opportunities.

Opt-Out: You may opt out of marketing communications at any time by: (a) clicking the "unsubscribe" link included in any marketing email; (b) emailing support@spartera.com with "Unsubscribe" in the subject line; or (c) updating your communication preferences in your Marketplace account settings. Opting out of marketing communications does not affect your receipt of transactional or service-related messages, including purchase confirmations, credit statements, payout notifications, material Terms change notices, or account security alerts, which Spartera is entitled to send regardless of marketing preferences.

General Terms Reference: The full canonical marketing communications policy, including additional opt-out mechanisms and information about how Spartera collects and uses personal data, is set forth in Spartera's general Terms of Service at spartera.com/terms and Privacy Policy at spartera.com/privacy.

16. Miscellaneous

  • Modifications to Terms: Spartera may modify these Terms at any time by posting the updated Terms on our website. Your continued use of our services after the effective date of the updated Terms constitutes your acceptance of the updated Terms.
  • Contact Information: If you have any questions or concerns regarding these Terms of Service, please contact us at support@spartera.com.
  • Service Modifications: Spartera reserves the right to modify, limit, suspend, or discontinue, temporarily or permanently, any feature, service, product, or any part of the Marketplace at any time, with or without notice, without liability to you.
  • Severability: If any provision or part thereof of these Terms is wholly or partially unenforceable, the parties, or a court of competent jurisdiction, shall put in place thereof an enforceable provision that as nearly as possible reflects the original terms, and the remainder of these Terms shall continue in full force and effect.
  • Assignment: You may not assign or transfer your rights or obligations under these Terms without our prior written consent. Spartera may assign or transfer its rights and obligations under these Terms, in whole or in part, without restriction.
  • Age and Capacity: You represent and warrant that you are of sufficient legal age and capacity to enter into and abide by these Terms and to create binding legal obligations for any liability you may incur as a result of the use of the services.