Terms of Service

Effective Date: March 6, 2026

These Terms of Service ("Terms") govern your use of the DriftWest Data Marketplace platform, API, and related services ("Service") operated by DriftWest ("we", "us", "our") at driftwest.xyz.

By accessing or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

1. Definitions

• "Consumer" means any person, organization, or autonomous agent that accesses data through the Service via API key.
• "Provider" means any person or organization that lists datasets on the Service for Consumers to access.
• "Dataset" means any collection of data, API endpoints, or data feeds listed on the marketplace.
• "API Key" means the unique authentication credential issued to a Consumer for accessing the Service.

2. Accounts and API Keys

You may register for an account to obtain an API key. You are responsible for maintaining the confidentiality of your API key and for all activity that occurs under it. You must notify us immediately of any unauthorized use.

We reserve the right to suspend or terminate accounts that violate these Terms, abuse the Service, or engage in fraudulent activity.

3. Consumer Terms

As a Consumer, you agree to:

• Use the Service and data obtained through it only for lawful purposes.
• Respect the rate limits and usage quotas associated with your tier.
• Not attempt to circumvent rate limiting, authentication, or access controls.
• Not resell, redistribute, or sublicense raw data obtained through the Service without authorization from the data Provider.
• Not use the Service to conduct denial-of-service attacks, scraping beyond permitted limits, or any activity that degrades the Service for others.

4. Provider Terms

As a Provider, you represent and warrant that:

• You have all necessary rights, licenses, and permissions to distribute the data you list on the Service.
• Your data does not infringe any third-party intellectual property rights, privacy rights, or other legal rights.
• Your data does not contain personal information (as defined by applicable privacy law) unless you have lawful basis to share it and have disclosed this in your dataset description.
• Your data is not illegal, harmful, defamatory, or otherwise objectionable.
• You will maintain the accuracy of your dataset descriptions and promptly update or remove listings that become inaccurate.

You grant DriftWest a non-exclusive, worldwide license to display, cache, and transmit your dataset metadata (name, description, schema, sample data) for the purpose of operating the marketplace. You retain all ownership rights to your data.

DriftWest reserves the right to remove any dataset listing at any time, with or without notice, if we believe it violates these Terms or poses legal risk.

5. Revenue and Payments

Paid tiers and dataset subscriptions are processed through Stripe. DriftWest retains a platform fee (as published on the pricing page) from Provider revenue. All fees are in USD unless otherwise stated.

Refunds are handled on a case-by-case basis. Contact us at info@driftwest.xyz for billing inquiries.

6. Acceptable Use

You may not use the Service to:

• Violate any applicable law or regulation.
• Transmit malware, viruses, or malicious code.
• Attempt to gain unauthorized access to the Service or its infrastructure.
• Reverse-engineer, decompile, or disassemble the Service.
• Interfere with or disrupt the integrity or performance of the Service.
• Collect or harvest personal information of other users without consent.

7. Data Accuracy and Availability

DriftWest does not guarantee the accuracy, completeness, or reliability of any data available through the marketplace. Data is provided by third-party Providers and is offered "as is."

We do not guarantee uptime or availability. The Service may be interrupted for maintenance, updates, or circumstances beyond our control.

8. Intellectual Property

The Service, including its design, code, and marketplace infrastructure, is owned by DriftWest. Providers retain ownership of their data. Consumers receive a limited, non-exclusive, non-transferable license to use data they access through their subscription, subject to any additional terms set by the Provider.

9. Limitation of Liability

To the maximum extent permitted by law, DriftWest shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Service, including but not limited to loss of profits, data, or business opportunities.

Our total liability for any claim arising from the Service shall not exceed the amount you paid to DriftWest in the 12 months preceding the claim, or $100 CAD, whichever is greater.

10. Indemnification

You agree to indemnify and hold harmless DriftWest from any claims, damages, losses, or expenses (including legal fees) arising from your use of the Service, your violation of these Terms, or your violation of any rights of a third party.

Providers additionally agree to indemnify DriftWest against any claims arising from the data they list on the marketplace, including intellectual property infringement, privacy violations, or inaccurate data.

11. DMCA and Takedown Requests

If you believe content on the Service infringes your copyright or other rights, contact us at info@driftwest.xyz with a description of the claimed infringement. We will investigate and remove infringing content in compliance with applicable law.

12. Termination

You may close your account at any time by contacting us. We may suspend or terminate your access at any time for violation of these Terms or for any reason at our discretion, with or without notice.

Upon termination, your API key will be deactivated and your access to the Service will cease. Provisions that by their nature should survive termination (including Limitation of Liability, Indemnification, and Governing Law) will survive.

13. Modifications to Terms

We may update these Terms from time to time. We will post the updated Terms on this page with a new effective date. Continued use of the Service after changes constitutes acceptance of the updated Terms.

14. Governing Law

These Terms are governed by the laws of the Province of Alberta, Canada, without regard to conflict of law principles. Any disputes arising from these Terms or the Service shall be resolved in the courts of Alberta, Canada.

15. Contact

For questions about these Terms, contact us at:
info@driftwest.xyz