Terms of Service

1. Agreement to Terms

By purchasing, downloading, accessing, or using any data product ("Data") from GroundSmarts ("we," "us," "our," or "Company"), you ("Licensee," "you," or "your") agree to be bound by these Terms of Service ("Agreement"). If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms.

If you do not agree to these terms, do not purchase or use the Data.

2. License Grant

2.1 Standard License (Included with Purchase)

Subject to your compliance with this Agreement and payment of applicable fees, GroundSmarts grants you a non-exclusive, non-transferable, revocable license to:

• Use the Data internally within your organization for business analysis, research, and decision-making purposes
• Create derivative works such as reports, visualizations, charts, maps, and analyses that incorporate the Data
• Distribute derivative works (e.g., client reports, presentations) that contain insights, aggregations, or visualizations derived from the Data, provided that the underlying raw Data is not included

2.2 Redistribution License (Separate Purchase Required)

The Standard License does not permit redistribution, resale, or republishing of the raw Data. If you require redistribution rights, you must purchase a separate Redistribution License. See Section 4 for details on what constitutes prohibited redistribution.

3. Permitted Uses

Under the Standard License, you may:

4. Prohibited Uses

Under the Standard License, you may NOT:

4.1 No Resale or Commercial Redistribution

• Resell the Data or any substantial portion thereof
• Sublicense the Data to any third party
• Bundle the Data as part of a product or service offered for sale
• Monetize access to the Data through subscription services, APIs, or data marketplaces

4.2 No Republishing or Public Distribution

• Publish the raw Data files on websites, data portals, or repositories (including GitHub, Kaggle, data.world, or similar platforms)
• Share the Data files with clients, partners, vendors, or any third party outside your organization
• Post the Data to any public or semi-public forum, file-sharing service, or cloud storage with public access
• Include the raw Data in downloadable assets, supplements, or appendices distributed externally

4.3 No Derivative Data Products for Sale

• Create competing data products using the Data as a foundation
• Extract and repackage substantial portions of the Data for commercial distribution
• Combine the Data with other datasets to create new products for resale (without a Redistribution License)

4.4 No Misrepresentation

• Claim ownership or authorship of the Data
• Remove or alter any attribution, source citations, or copyright notices
• Present the Data as originating from any source other than GroundSmarts

4.5 No Harmful or Illegal Uses

• Use the Data for any purpose that violates applicable laws or regulations
• Use the Data to discriminate against individuals or groups in housing, employment, credit, or other legally protected areas
• Use the Data in any manner that could cause harm to individuals or communities

5. Redistribution License

If your intended use requires redistribution of the raw Data, you must purchase a Redistribution License. Redistribution licensing is handled on a case-by-case basis—please contact us to discuss your specific needs and obtain a custom quote.

The Redistribution License permits:

• Incorporation of the Data into SaaS products, web applications, or APIs that serve the Data to end users
• White-labeling and rebranding of the Data for commercial purposes
• Bundling the Data with other products or services for sale
• Providing clients or customers with direct access to the raw Data files

The Redistribution License requires:

• Written acknowledgment of GroundSmarts as the original data source in product documentation
• Compliance with all other terms of this Agreement
• Annual renewal if continuing to distribute updated versions

To obtain a Redistribution License, contact: licensing@groundsmarts.com

6. Intellectual Property

6.1 Ownership

GroundSmarts retains all right, title, and interest in and to the Data, including all intellectual property rights therein. This Agreement does not transfer any ownership rights to you. The Data is licensed, not sold.

6.2 Compilation Copyright

While certain underlying data may derive from public government sources, the compilation, organization, formatting, enrichment, and derived indices (including but not limited to SuperZip scores, Affluence Rankings, and percentile calculations) are the proprietary intellectual property of GroundSmarts and are protected by copyright and trade secret law.

6.3 Acknowledgment

When publishing research, reports, or analyses that rely on the Data, you agree to include appropriate attribution such as:

"Data source: GroundSmarts (groundsmarts.com)"

7. Data Accuracy and Disclaimers

7.1 Data Sources

The Data is compiled from authoritative government sources including but not limited to:

• U.S. Census Bureau (American Community Survey)
• Internal Revenue Service (Statistics of Income)
• Bureau of Labor Statistics
• MIT Election Data + Science Lab

7.2 No Warranty

THE DATA IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OR NON-INFRINGEMENT.

7.3 Limitation of Liability

IN NO EVENT SHALL GROUNDSMARTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUE, WHETHER INCURRED DIRECTLY OR INDIRECTLY, ARISING FROM YOUR USE OF THE DATA.

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE DATA.

7.4 Your Responsibility

You are solely responsible for:

• Verifying the suitability of the Data for your intended purposes
• Ensuring your use complies with all applicable laws and regulations
• Any decisions or actions taken based on the Data

8. Updates and Support

8.1 Included Updates

Your purchase includes 12 months of updates from the date of purchase. During this period, you will receive updated Data files when new source data is released (typically annually).

8.2 Update Subscription

After the initial 12-month period, you may optionally subscribe to continued updates for $49 per year. This subscription is not required to continue using the Data you have already received.

8.3 Support

GroundSmarts provides reasonable email support for questions regarding the Data, field definitions, and methodology. Support requests should be directed to: support@groundsmarts.com

9. Termination

9.1 Termination for Breach

GroundSmarts may terminate this license immediately upon written notice if you breach any term of this Agreement. Upon termination:

• All rights granted to you under this Agreement immediately cease
• You must destroy all copies of the Data in your possession
• You must certify in writing that you have complied with this requirement

9.2 Survival

The following sections survive termination: Section 4 (Prohibited Uses), Section 6 (Intellectual Property), Section 7 (Disclaimers), Section 10 (Indemnification), and Section 11 (Governing Law).

10. Indemnification

You agree to indemnify, defend, and hold harmless GroundSmarts and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your use of the Data
• Your violation of this Agreement
• Your violation of any third-party rights
• Any derivative works or products you create using the Data

11. Governing Law and Dispute Resolution

11.1 Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions.

11.2 Dispute Resolution

Any dispute arising from this Agreement shall first be attempted to be resolved through good-faith negotiation. If negotiation fails, disputes shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

11.3 Venue

Any legal proceedings shall take place in Brevard County, Florida.

12. General Provisions

12.1 Entire Agreement

This Agreement constitutes the entire agreement between you and GroundSmarts regarding the Data and supersedes all prior agreements and understandings.

12.2 Amendments

GroundSmarts reserves the right to modify these terms at any time. Material changes will be communicated via email or through our website. Continued use of the Data after such changes constitutes acceptance.

12.3 Severability

If any provision of this Agreement is found to be unenforceable, the remaining provisions shall continue in full force and effect.

12.4 Waiver

Failure to enforce any provision of this Agreement shall not constitute a waiver of that provision or any other provision.

12.5 Assignment

You may not assign or transfer this Agreement or any rights hereunder without our prior written consent. GroundSmarts may assign this Agreement without restriction.

13. Contact Information

For questions regarding these Terms of Service, licensing inquiries, or to report violations:

GroundSmarts
Email: legal@groundsmarts.com
Website: https://groundsmarts.com

Quick Reference: What Can I Do?

*Even with a Redistribution License, publishing raw data files for free public download is not permitted without express written consent.

By purchasing GroundSmarts Data, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.