Terms of Service

Last updated: 06 October 2025

Applies to: AnyBigData.com, app.anybigdata.com and TheDutchSelection.com operated by The Dutch Selection B.V. ("Company", "we", "us", "our").

Registered address: Kanaalpark 140, 2321 JV, Leiden, The Netherlands.

1. Definitions

• Account: Your registered account to access the Service.
• Affiliate: Any entity controlling, controlled by, or under common control with a party (control meaning >50% voting interests).
• API: Any programmatic interface we provide.
• Data Products: Datasets, snapshots, deltas, metadata, documentation and other data made available via the Service.
• Derived Output: Analyses, models, dashboards or other outputs created by you using the Data Products that do not permit extraction of the raw Data Products.
• Order: An order form, online checkout, or other written agreement referencing these Terms.
• Service: Our websites, applications, data delivery mechanisms (including downloads, APIs, and webhooks) and related support.
• Subscription: A paid plan granting time‑limited access to the Service and Data Products.
• You/Customer: The business entity or individual acting in a professional capacity that accepts these Terms.

2. Eligibility & Account

You represent and warrant that you act for business purposes only, are at least 18 years old and have authority to bind the entity on whose behalf you use the Service.

You must provide accurate Account information and keep credentials secure. You remain responsible for activities under your Account. Notify us immediately of any unauthorized use.

3. Orders, Subscriptions, Pricing & Taxes

Access to the Service may be purchased by Subscription. Subscription terms (plan, term, price, limits) are set out at checkout or in an Order.

Subscriptions renew automatically for successive periods unless cancelled before the end of the then‑current term.

Fees are invoiced in advance and are non‑refundable except as expressly stated in these Terms or required by law.

We may change prices or features on renewal with reasonable prior notice.

Fees exclude all applicable taxes (e.g., VAT). You are responsible for any taxes, duties or levies, other than taxes based on our net income.

4. Cancellations, Trials & Promotions

You may cancel renewal via the Account settings or by contacting us. Access continues until the end of the paid term.

Trials and promotions may be offered at our discretion and are governed by the specific terms presented at sign‑up; if those conflict with these Terms, the promotional terms control for the duration of the promotion.

5. Delivery of Data Products

We provide Data Products as daily snapshots and, where available, delta files, through downloadable files (e.g., CSV, Parquet) or programmatic delivery.

We may update formats, fields, and availability from time to time. Where practicable, we will provide reasonable advance notice of material changes that could significantly affect your integrations.

While we strive for high quality, data may contain inaccuracies, omissions, or delays and is provided on an "AS IS" basis.

6. License to Data Products

Subject to payment of fees and compliance with these Terms, we grant you a non‑exclusive, non‑transferable, non‑sublicensable, revocable license during your Subscription term to:

Access, download and use the Data Products internally for your business purposes; and

Create Derived Outputs. You own your Derived Outputs, provided they do not constitute a redistribution of the Data Products themselves or permit third parties to extract the Data Products.

Restrictions: You must not, and must not allow others to:

• resell, share, publish or otherwise redistribute the raw Data Products or any file that is a substitute for them;
• use the Service to circumvent technical restrictions or to create competing data services that are substantially similar to the Data Products;
• remove or obscure proprietary notices;
• use the Data Products to violate third‑party rights, including database rights, copyright, trademarks, contractual terms, privacy or publicity rights;
• use contact details from Data Products for spam or unsolicited marketing;
• store or process Data Products in violation of applicable law.

On termination or expiry of your Subscription, your license to the Data Products ends, and you must cease use of Data Products except that you may retain and continue to use Derived Outputs created during an active Subscription, provided those outputs do not include or allow extraction of the raw Data Products.

7. Acceptable Use & Fair Usage

You must not misuse the Service, interfere with others' access, probe or scan systems, or attempt to gain unauthorized access.

We may apply fair‑use limits (e.g., number of downloads per day, monthly data volume, API rate limits) consistent with your plan, as communicated in the Service or Order. We may throttle or suspend access if limits are materially exceeded or abuse is detected.

8. Third‑Party Sources (Generic)

Some Data Products originate from third‑party sources, such as public or commercial websites and databases, which may hold intellectual property or database rights and impose their own terms of use.

You are responsible for ensuring that your use of the Data Products complies with any obligations that bind you under such third‑party terms. We do not grant you any rights on behalf of third parties.

We may restrict, modify or remove content, or adjust Data Products or access methods, to address legal or contractual concerns.

Images & Media. We generally do not redistribute image or media binaries. Where provided, media is limited to references (e.g., URLs and metadata) and you must not bulk‑download or redistribute such binaries via the Service unless expressly permitted.

Attribution. If we state in the Service or Order that attribution is required for a specific Data Product or field, you must provide such attribution in a reasonably prominent manner.

9. Intellectual Property

Except for the limited license expressly granted to you, all rights in and to the Service and Data Products are reserved by the Company and its licensors.

Feedback is voluntary and may be used by us without restriction. To the extent any rights must be licensed, you grant us a perpetual, irrevocable, worldwide, royalty‑free license to use such Feedback.

10. Data Protection & Privacy

Each party will comply with applicable data protection laws, including the EU/UK GDPR where applicable.

We act as independent controller for Account data and Service telemetry. If, in limited cases, we process personal data on your behalf via a specific integration, we will do so as a processor under a separate Data Processing Addendum (DPA), which will prevail in case of conflict.

Our Privacy Policy (as updated from time to time) describes how we handle personal data as a controller and forms part of these Terms.

11. Security

We use commercially reasonable technical and organizational measures to protect the Service and Data Products.

You are responsible for securing your systems and credentials. Notify us promptly of any suspected security incident involving your Account.

12. Service Changes, Availability & Support

We may modify or discontinue features upon reasonable notice where practicable.

The Service may be unavailable from time to time due to maintenance or factors beyond our control. Unless agreed in an Order, no uptime service level is provided.

Standard support is provided during business hours in The Netherlands; enhanced support may be available on certain plans.

13. Indemnities

Customer indemnity. You will defend and indemnify us against third‑party claims, losses and expenses (including reasonable legal fees) arising from: (a) your misuse of the Service or Data Products; (b) your breach of these Terms; or (c) your violation of third‑party rights (including rights of publishers, database holders or data subjects).

Company IP indemnity (limited). If a third party alleges that your authorized use of the Service (excluding Data Products originating from third‑party sources) directly infringes its IP rights, we will defend and indemnify you against such claim and pay damages and costs finally awarded, provided you: (i) promptly notify us, (ii) give us sole control of the defense, and (iii) provide reasonable cooperation. We may obtain the right for you to continue using the Service, modify it to be non‑infringing, or terminate access with a pro‑rata refund for the unused portion of the fees for the affected Service. This section states our sole liability for IP infringement.

14. Disclaimers

THE SERVICE, DATA PRODUCTS AND DOCUMENTATION ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON‑INFRINGEMENT, ACCURACY, OR RELIABILITY. We do not warrant that the Service will be uninterrupted, timely, secure or error‑free, or that defects will be corrected.

15. Limitation of Liability

To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, consequential, exemplary or punitive damages, or for loss of profits, revenues, goodwill, data or business interruption, even if advised of the possibility.

Aggregate cap. Each party's total liability arising out of or related to these Terms shall not exceed the fees paid or payable by you to us in the twelve (12) months preceding the event giving rise to liability.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law (e.g., for death or personal injury caused by negligence, gross negligence, fraud, or willful misconduct).

16. Suspension & Termination

We may suspend or terminate your access for material breach, unlawful activity, or risks to the Service, after notice where practicable.

You may terminate for convenience by cancelling renewal; these Terms continue for the remainder of your paid term.

Sections intended to survive (including 6–9, 11, 13–21) shall survive termination.

17. Compliance, Export & Sanctions

You will comply with all applicable laws, including anti‑spam, anti‑corruption, competition, export control and sanctions laws of the EU, UK, US and other applicable jurisdictions. You represent that you are not subject to sanctions or located in a comprehensively sanctioned country.

18. Government Users

If you are a government entity, the Service is provided as commercial computer software and data subject to standard commercial license terms.

19. Assignment

You may not assign or transfer these Terms (by operation of law or otherwise) without our prior written consent; any attempt to do so is void. We may assign these Terms in connection with a merger, acquisition, corporate reorganization, or sale of assets.

20. Governing Law & Jurisdiction

These Terms and any non‑contractual obligations arising out of or in connection with them are governed by the laws of The Netherlands, excluding conflict‑of‑law rules. The parties submit to the exclusive jurisdiction of the competent courts of Amsterdam, The Netherlands.

21. Dispute Resolution

Before commencing formal proceedings, the parties will first attempt to resolve disputes informally through good‑faith discussions between authorized representatives for at least 30 days after written notice of the dispute.

22. Notices

Notices must be in writing and sent by email to the addresses on file for the Account or to info@thedutchselection.com (for notices to us). Notices are deemed given when sent, provided the sender has not received a bounce‑back.

23. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will provide reasonable advance notice (e.g., via the Service or email). The updated Terms become effective on the stated effective date. By continuing to access or use the Service after the effective date, you agree to the updated Terms.

24. Entire Agreement; Severability; Waiver

These Terms (together with any Order and policies referenced herein, including the Privacy Policy and any DPA) form the entire agreement regarding the Service and supersede prior agreements. If any provision is held unenforceable, it will be modified to the minimum extent necessary to be enforceable, and the remainder will remain in effect. A failure to enforce any provision is not a waiver of future enforcement.

25. Contact

Questions about these Terms: info@thedutchselection.com