Welcome to G-Data Labs and our website at
www.g-datalabs.com (our “Platform”). Our Platform is a data-for-dollars online marketplace for biometric data. These Terms and Conditions (the “Terms”) constitute a legal agreement between you and G-Data Labs of 3296 West Manor Lane, (“G-Data Labs”, “we”, “us”, or “our”), governing the use of our Platform and our Services.
The use of our Platform is governed exclusively by these Terms, unless otherwise contractually agreed in individual cases. Any deviating terms and conditions of the users are expressly rejected.
The legal relationships between Buyers and Sellers are governed by the separate contracts to be concluded between them
1. TERMS OF USE1. The provisions set out in these Terms govern your access to and your use of our Platform and shall constitute a legally binding agreement between you and us. We may change such terms from time to time and shall notify you accordingly if we do. If you do not agree to such terms, you must not use our Platform.
2. Subject to you agreeing to abide by these Terms, we hereby grant to you a revocable, non-exclusive, and non-transferable license to use our Platform on these Terms.
3. We reserve the right to, without any notice, explanation, or liability and in our sole discretion, refuse to allow you or suspend your access to our Platform or your Account at any time, or remove or edit content (including content submitted by you) on our Platform or on any of our affiliated websites (including social media pages).
4. We reserve the right to change, modify, suspend, or discontinue any portion of the Services, our Platform or any other products, services, affiliated websites (including social media pages) and/or other software provided by us in connection with any of the foregoing at any time. You agree that access to or operation of any of the foregoing may from time to time be interrupted or encounter technical difficulties
5. Save to the extent permitted by us in writing, you are not permitted to use, or submit any content to, our Platform or any of our affiliated websites to advertise, promote or market any products or services of any third party or yourself
6.The following additional terms also apply to your use of our Platform and form part of these Terms:
1. Our Privacy Policy
2. Our Cookie Policy
2. USER ACCOUNT1. By registering for an Account (Buyers and Sellers and collectively “Users”), which involves providing us with certain mandatory and voluntary information as required for a successful registration and using our Platform, you agree and acknowledge that:
1. you have read the terms set out in these Terms and agree to be bound by and comply with them; and
2. you shall ensure that all Users of your Account abide by these Terms
2. You are responsible for maintaining the confidentiality of your Account and you are responsible for all activities that occur under your Account.
3. You agree that all actions carried out by any person through your Account shall be deemed to be an act carried out by you, and you shall ensure that all persons who have access to and use your Account are authorized to do so.
4. You may not open more than one account at any time
5. We are not responsible for any loss, damage or liabilities arising as a result of or in connection with the wrongful, fraudulent or illegal use of your Account.
3. YOUR RELATIONSHIP WITH G-DATA LABS 1. G-Data Labs does not offer the services and merely provides the technical and organizational infrastructure to ensure the proper conduct of transactions on the Platform.
2. G-Data Labs does not itself become a contracting party to the contracts concluded exclusively between the Users.
3. Users themselves are responsible for compliance with legal requirements and the assertion of claims arising from the contracts they have concluded. In particular, G-Data Labs does not guarantee:
1. the accuracy and completeness of the statements and declarations made in relation to the Services offered,
2. the Services offered as such; and
3. the conduct and performance of the relevant Buyer/Seller, respectively.
4. Users are required to comply with applicable laws when using the Platform and Service.
5. It is each Seller's own responsibility to ensure that their offers are lawful and do not infringe the rights of third parties.
6. The content published on G-Data Labs by the respective Users is generally not reviewed by G-Data Labs and does not represent the opinion of G-Data Labs
7. G-Data Labs is entitled to check the personal details of the Sellers by means of suitable official documents in order to confirm the correctness of the data entered.
8. Subject to the foregoing, the service for Buyers is limited to giving them the opportunity to get to know Sellers and the service for Sellers, is limited to giving them the opportunity to create a profile, through which other Users are encouraged to contact them, at their own initiative. G-Data Labs does not guarantee that Users will find suitable Sellers or that Sellers will find suitable Users.
9. G-Data Labs assumes no liability for the content that Sellers provide, nor the ability to fulfill the requirements or any information provided by the Sellers.
10. G-Data Labs has no influence on the offers made by Sellers
11. G-Data Labs reserves the right to delete the Sellers’ profile in the case of false information and gross violations of these Terms without prior notification or naming of reasons. In the case of gross deception, falsification of documents or other willful misrepresentation, G-Data Labs will take appropriate action, including legal action.
4. PRICES AND PAYMENT1. The prices stated for the respective services by Sellers shall apply at the time the order is placed.
2. The prices shown on the Platform are final and include the statutory value added tax, insofar as this is applicable to the respective service and a Service Charge of 1.0% %.
3. G-Data Labs reserves the right to change the in Clause 4. 2 described Service Charge at any time
4. The applicable prices are shown in the respective service description. The Buyer undertakes to pay this price. Payment is due upon ordering the service or product.
5. Prices and methods of payments are published on the Platform, the content of which is included in these Terms by reference
6. Payment is considered to be completed when the money is credited to G-Data Labs’ account or a third party, collecting fees on behalf of Sellers
7. The Buyer is solely responsible for ensuring that the payment made is correct and abiding by any taxes applicable in their own country of residence
8. The Buyer is solely responsible for paying for third-party services (such as communications, Internet, etc.) required to receive services.
9. Payments services of G-Data Labs are processed by a payment service provider acting on the basis of an agreement with G-Data Labs. All rights and obligations arising in relation to the payment process are directly between the payment service provider and the Buyer.
10. G-Data Labs does not process or have access to any of the Buyer’s personal payment or bank details provided in connection with the settlement of payments
11. G-Data Labs does not store the details of bank cards on their resources, including servers, cloud storage, etc.
12. In the event of default in payment, G-Data Labs may suspend the continuation of all current orders, irrespective of the exercise of other rights.
5. SELLER REMUNERATION AND PAY-OUT 1. When providing content available for purchase on G-Data Labs, the Seller will be required to select a price for the content.
2. When a Buyer purchases content, G-Data Labs calculates the gross amount of the sale as the amount actually received by G-Data Labs from the Buyer. From this, G-Data Labs will subtract any Transaction Taxes and a 1.0% % service and processing fee, and any amounts paid to third parties in connection with the content to calculate the net amount of the sale.
3. G-Data Labs reserves the right to change the in Clause 5. 2 described service and processing fee at any time.
4. G-Data Labs is not responsible for currency conversion fees, wiring fees, or any other processing fees that you may incur. Your revenue report will show the sales price and your converted revenue amount
5. G-Data Labs and the Seller each expressly agree and understand that they are creating an independent contractor relationship, and that the Seller shall not be considered an employee of G-Data Labs for any purpose. The Seller is not entitled to receive or participate in any medical, retirement, vacation, paid or unpaid leave, or other benefits provided by G-Data Labs to its employees
6. All funds eligible for Withdrawal will be held on your behalf at an account with G-Data Labs’ Payment Services Provider. All payment services, including withdrawal services, will be provided by G-Data Labs’ Payment Services Provider.
7. The Seller`s G-Data Labs profile can be associated with only one account from each G-Data Labs withdrawal method. A Payment Service Provider withdrawal account can be associated with only one G-Data Labs profile.
8. For security concerns, G-Data Labs may temporarily disable a Seller’s ability to withdraw revenue to prevent fraudulent or illicit activity. This may come as a result of security issues, improper behavior reported by other Users, or associating multiple G-Data Labs accounts to a single withdrawal provider.
6. USER REPRESENTATIONS1. By using the Platform, you represent and warrant that:
1. all registration information you submit will be true,
2. you will maintain the accuracy of such information and promptly update such registration information as necessary;
3. you have the legal capacity, and you agree to comply with these Terms;
4. you will not access the Platform through automated or non-human means, whether through a bot, script, or otherwise;
5. you will not use the Platform for any illegal or unauthorized purpose;
6. your use of the Platform will not violate any applicable law or regulation.
2. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Platform (or any portion thereof).
7. NO RELIANCE ON INFORMATION 1. Commentary and other materials posted on our Platform are not intended to amount to advice on which reliance should be placed; they are there for guidance purposes only.
2. G-Data Labs makes no representations, warranties or guarantees, whether expressed or implied, that the content on the Platform is accurate, complete or up to date.
8. TECHNICAL REQUIREMENTS AND RESPONSIBILITY1. Users are responsible for ensuring that the technical requirements for access to and use of the respective services are met.
2. This applies in particular to the hardware and operating system software used, the connection to the Internet, the firewall settings (if any) and the current browser software. The User shall carry out necessary and reasonable adjustment measures himself/herself and shall bear the costs for the Internet connection in order to be able to access the services.
3. G-Data Labs does not guarantee that the services offered can actually be used with the User‘s device.
UPLOADING CONTENT TO OUR PLATFORM1. You irrevocably and unconditionally represent and warrant that any of your content uploaded to our Platform complies with our Privacy Policy and the PIPA/GDPR and any other applicable laws.
2. You are fully responsible for your content uploaded to our Platform. We will not be responsible, or liable to any third party, for:
1. the content or accuracy of any content or data uploaded by you, by us on your behalf, or any other User of our Platform; or
2. the loss of any content or data (whether in physical or digital form) provided to us by you. You should keep a record of all such content and data.
3. We will only use the content uploaded by you for the purposes of providing the Services, carrying out our obligations in this Agreement and any other purpose expressly set out in this Agreement or otherwise agreed between us. We will not otherwise disclose or distribute the content uploaded by you, save for when required by law, a court of competent jurisdiction or any governmental or regulatory authority.
4. We may use the content uploaded by you for the purpose of data analytics or to implement artificial intelligence or machine learning. Any such content shall be anonymised and used only for the purposes of improving the Services and our response to Users of the Platform.
5. We have the right to disclose your identity to any third party claiming that any content posted or uploaded by you to our Platform constitutes a violation of their rights under applicable law.
6. By posting your content to any part of the Platform, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such content (including, without limitation, your image, and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of such content, and grant and authorize sub-licenses of the foregoing
9. INTELLECTUAL PROPERTY RIGHTS1. You acknowledge that all intellectual property rights in our Platform anywhere in the world belong to us, that rights in our Platform are licensed (not sold) to you, and that you have no rights in, or to, our Platform other than the right to use them in accordance with these Terms.
2.You acknowledge that you have no right to have access to our Platform in source code form.
3. You must not modify the paper or digital copies of any materials you have printed off or downloaded from our Platform in any way, and you must not use any illustrations, photographs, sequences, or any graphics separately from any accompanying text.
4. You must not use any part of the content on our Platform for commercial purposes not specified on our Platform without obtaining a license to do so from us or our licensors.
11. ACCEPTABLE USE POLICY1. You may use our Platform only for lawful purposes.
2. You may not use our Platform
1. in any way that breaches any applicable local, national or international law or regulation;
2. in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
3. to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards as set out in our prevailing Terms of Service as amended from time to time; and
4. to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar device code designed to adversely affect the operation of any device software or hardware.
12. PLATFORM MANAGEMENTWe reserve the right, but not the obligation to:1. monitor the Platform for violations of these Terms
2. take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms, including without limitation, reporting such user to law enforcement authorities
3. in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your content or any portion thereof
4. in our sole discretion and without limitation, notice, or liability, to remove from the Platform or otherwise disable all files and content that are excessive or are in any way burdensome to our systems;
5. otherwise manage the Platform in a manner designed to protect our rights and property and to facilitate the proper functioning of the Platform.
13. AVAILABILITY OF THE PLATFORM1. our Platform is provided “as is” and on an “as available” basis. We give no warranty that our Platform will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
2. G-Data Labs accepts no liability for any disruption or non-availability of the Platform resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
14. PRIVACY 1. For the purposes of applicable data protection legislation, G-Data Labs will process any Personal Information you have provided to us in accordance with our Privacy Policy.
2. You agree that if you have provided G-Data Labs with Personal Information relating to a third party you have in place all necessary appropriate consents and notices to enable lawful transfer of such personal data to us.
3. You agree to indemnify G-Data Labs in relation to all and any liabilities, penalties, fines, awards, or costs arising from your non-compliance with these requirements.
15. TERM AND TERMINATION1. These Terms shall remain in full force and effect while you use the Platform. Without limiting any other provision of these Terms, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Platform (including blocking certain IP addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these Terms or of any applicable law or regulation. We may terminate your use or participation in the Platform or delete your account and any content or information that you posted at any time, without warning, at our sole discretion.
2. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.
3. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
16. LIMITATION OF LIABILITY1. We are not liable for the completeness, accuracy or correctness of any information uploaded on our Platform and any Related Content. You expressly agree that your use of the Services and our Platform, including reliance on any Advice, is at your sole risk.
2. You agree not to use the Services, our Platform and the Related Content for any resale purposes, and we have no liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these Terms (including but not limited to the use of, or inability to use, the Services, our Platform or any other website or software) for
1. loss of profits, sales, business, or revenue;
2. business interruption
3. loss of anticipated savings;
4. loss or corruption of data or information
5. ;loss of business opportunity, goodwill or reputation; or
6. any other indirect or consequential loss or damage.
3. Nothing in these Terms shall limit or exclude our liability for:
1. death or personal injury resulting from our negligence;
2. fraud; and/or
3. any other matter in respect of which we are prohibited under applicable law from limiting or excluding our liability.
4. Our Platform is not intended to serve a record-keeping function and we shall not be liable for any loss of data or content.
5. These Terms set out the full extent of our obligations and liabilities in respect of the supply of the Services and our Platform. Except as expressly stated in these Terms, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us. Any condition, warranty, representation or other term concerning the supply of the Services and our Platform which might otherwise be implied into, or incorporated in, these Terms whether by statute or otherwise, is excluded to the fullest extent permitted by law.
17. INDEMNITY You agree to indemnify and hold us, our related corporations, and our respective directors, officers, employees, agents and representatives, independent contractors, licensees, successors and assigns harmless from and against all claims, losses, expenses, damages and costs (including but not limited to direct, incidental, consequential, exemplary and indirect damages), and reasonable legal fees, resulting from or arising out of your act, default or omission, whether in your use of our website, Services, and/or any websites or software in relation thereto or otherwise, and whether in respect of your breach of these Terms or any laws or regulations or otherwise.
18. OTHER IMPORTANT TERMS1. This Agreement and any agreements, notices or other communications contemplated thereby may be transmitted by means of electronic systems, in which case signatures shall be deemed to be original. The transmission of this Agreement by the user by electronic means shall be deemed to confirm the user has retained a true copy of the Agreement.
2. We may transfer our rights and obligations under these Terms to another organization, but this will not affect your rights or obligations under these Terms. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
3. No joint venture, partnership or agency or employment relationship has arisen by reason of these Terms
4. These Terms and any document expressly referred to in it constitutes the entire agreement between us regarding their subject matter, and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations, and understandings between us, whether written or oral, relating to that subject matter. You agree that you shall have no remedies in respect of any statement, representation, assurance, or warranty (whether made innocently or negligently) that is not set out in these Terms, or any document expressly referred to in it. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms or any document expressly referred to in it
5. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
6. All or any disputes arising out or touching upon or in relation to the Terms including the interpretation and validity of the Terms thereof and the respective rights and obligations of the Parties, shall be settled amicably by mutual discussion, failing which the same shall be settled through the adjudicating officer appointed
7. Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
8. These Terms, its subject matter and its formation, and any other disputes or claims in connection therewith, are governed by the law of the State of Georgia, USA. In the event of any such disputes or claims in connection with these Terms, you agree to first engage in good faith discussions with us to resolve such dispute or claim. If such dispute or claim is not resolved within sixty (60) days, we both irrevocably submit to the exclusive jurisdiction of the courts of the State of Georgia, USA.