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Effective date: March 7, 2024
1.1 The following General Terms and Conditions (hereinafter "GTC") govern the contractual relationship between OpenSanctions Datenbanken GmbH, Schonensche Str. 43, 13189 Berlin, Germany (hereinafter "OpenSanctions") and the respective customer (hereinafter "Customer") who uses the “OpenSanctions API Service” to retrieve data from the “OpenSanctions Data Collection”.
1.2 The validity of general contractual or business conditions of the Customer is expressly excluded. This also applies if OpenSanctions has not expressly objected to the terms and conditions of the Customer and/or provides services without objection.
2.1 The subject of these GTC is the provision of the “OpenSanctions API Service” in the current version for the automated retrieval of data aggregated by OpenSanction from the databases available at https://www.opensanctions.org/datasets, consisting of
a. consolidated sanctions data, including but not limited to different governmental sanctions files and lists,
b. politically exposed persons data, including but not limited to data related to the composition of government cabinets and legislatures in over 200 countries, and
c. crime data, including but not limited to data related to wanted persons, criminal convictions and debarment proceedings
(hereinafter individually “Data” and collectively "Data Collection"; hereinafter the provision of Data via the OpenSanctions API Service "API Service").
2.2 The Customer can view the current scope of the API Service at https://api.opensanctions.org/.
2.3 The Data Collection is retrieved by OpenSanctions from third-party providers, compiled and made available to the Customer in aggregated form via the API Service. For this purpose, OpenSanctions will automatically search the databases of the third-party providers listed under https://www.opensanctions.org/datasets/detailed/, download the data of the third-party providers and make it available for retrieval via the API Service. The retrieval of new and changed data from the third-party providers takes place at least every 24 hours.
2.4 The data of the third-party providers is the sole responsibility of the named third-party providers. OpenSanctions does not check the data and therefore assumes no liability for the topicality, completeness, suitability, quality and accuracy of the information, details and data of the third-party providers. Accordingly, the Customer bears sole responsibility for decisions and actions taken on the basis of the Data Collection.
2.5 The API Service is aimed exclusively at businesses (Unternehmer) within the meaning of § 14 German Civil Code (BGB). A business means a natural or legal person or a partnership with legal personality who or which, when concluding a legal transaction, acts in exercise of their trade, business or profession. The API Service is not provided to consumers.
2.6 Use of the API Service requires registration and opening of an account in accordance with Section 3 is a prerequisite. After successful registration, the Customer can conclude a fee-based Service Contract in accordance with Section 4.
2.7 The API Service can only be used if there is a sufficiently dimensioned Internet connection. The provision of the API service is a programming interface, without any user interface.
2.8 OpenSanctions is entitled to discontinue or modify free services at any time. OpenSanctions is entitled to modify other services if this is reasonable for the Customer or if this is required by law. OpenSanctions is also entitled to supplement or replace the third-party providers used or to discontinue the retrieval of data from third-party providers if the respective third-party provider has not updated its data for more than six (6) months.
3.1 The use of the API Service requires the registration and opening of a user account for the Customer (hereinafter "Account").
a. To register and open an Account, the Customer must provide the data requested in the registration form. Alternatively, the Customer is free to register via so-called social logins from third-party providers.
b. By submitting the registration form and accepting these GTC, the Customer submits an offer to conclude a user contract free of charge.
c. OpenSanctions confirms the registration and the conclusion of the user Contract by sending the Customer a confirmation e-mail with a personalized activation link. By confirming the activation link, a contract is concluded between OpenSanctions and the Customer for the free use of the API Service on the basis of these GTC (hereinafter "User Contract"). Upon successful registration, an Account is created for the Customer, which the Customer can access via its e-mail address and password or its access data of the selected social login provider.
d. OpenSanctions will send the Customer the contract text of these GTC in text form (e.g. by e-mail).
3.2 The conclusion of a User Contract as a legal entity may only be carried out by persons who act as legal representatives or other authorized persons of the legal entity on its behalf and will. To verify the authorization according to the previous sentence, OpenSanctions will request further documents (e.g. power of attorney, written permission, etc.) from the Customer if necessary.
3.3 There is no entitlement to registration and conclusion of a User Contract. OpenSanctions reserves the right to refuse registration and the conclusion of a User Contract without giving reasons.
3.4 The data requested upon conclusion of the User Contract must be provided completely and truthfully. If the data changes subsequently, the Customer shall be obliged to update the information immediately. At the request of OpenSanctions, the Customer must confirm the data.
4.1 If the Customer wishes to use the API Service, the Customer has the option of concluding a fee-based contract for the provision of the service (hereinafter referred to as "Service Contract"). The Customer can view the scope of the Service Contract at https://www.opensanctions.org/api/.
4.2 A paid Service Contract is concluded as follows:
a. After logging into the Account, the Customer can enter its payment details and confirm the booking. Before submitting the booking, the Customer can check all the data it has previously entered and, if necessary, correct it by entering different data or delete the data entered in the respective input field.
b. OpenSanctions accepts the booking by sending a confirmation e-mail to the Customer, whereby a paid Service Contract is concluded on the basis of these GTC.
c. OpenSanctions shall provide the Customer with the API-key required for the integration of the API in the Account after conclusion of the Service Contract. The integration of the API-key is carried out by the Customer and is not owed by OpenSanction.
5.1 In addition to the Account, the Customer can activate its own employees or other third parties bound by instructions (hereinafter uniformly referred to as "Users") as additional Users of the API Service. For this purpose, the Customer invites others via its Account and creates corresponding additional User Accounts (hereinafter "User Accounts").
5.2 The Customer warrants that it will only invite persons to use the API Service as Users if it is authorized to do so. Before sending an invitation, the Customer shall be obliged to ensure that the Users agree to receive the invitation. In the event that a User asserts claims against OpenSanctions due to the unsolicited sending of the invitation, the Customer shall indemnify OpenSanctions against all claims in connection with the sending of the invitation. OpenSanctions reserves the right to assert further claims against the Customer arising from this situation.
5.3 Each User shall create a password in the registration form. Alternatively, the User is free to register via so-called social logins from third-party providers. By submitting the completed registration form, the User gains access to its User Account.
5.4 Access to the User Account is only permitted to natural persons with unlimited legal capacity and only in their own name. Users must be 18 years of age or older at the time of registration.
5.5 The Customer can restrict or delete User Accounts at any time via its Account. User Accounts are automatically terminated at the end of the User Contract.
6.1 OpenSanctions charges no fee for registration in accordance with Section 3.
6.2 The use of the API Service is subject to a fee and is billed on a pay-per-use basis, whereby one (1) "use" means the provision of one (1) Data set for one, (1) Search result listing, (1) Match result listing, or (1) entity (e.g. company, natural person, object) via the API Service. The Data shall apply as provided when it is delivered to the output of the data center used by OpenSanctions. The amount of the fee is displayed to the Customer when booking the API Service.
6.3 The fee is billed on the calendar month following the use of the API Service.
6.4 OpenSanctions is entitled to increase the fee by up to 5% (five percent) per contract year after the expiry of 24 months after the conclusion of the Service Contract by giving notice in text form of one month to the end of the month compared to the fee last charged in the previous contract year. The Customer has the right to terminate the Service Contract within a period of four weeks after receipt of the notice.
6.5 The available payment methods are displayed to the Customer during the booking process. The Customer can choose the payment method displayed.
6.6 The Customer agrees to receive invoices exclusively in electronic form (PDF format).
6.7 The Customer may be charged costs by third parties in connection with the use of the API Service (e.g. for the use of telecommunications networks); OpenSanctions has no influence on such costs.
6.8 All prices are subject to VAT at the statutory rate applicable at the time of payment, provided that the Customer is subject to VAT at the time of payment.
6.9 The Customer shall be solely responsible for all transaction, inter-bank, exchange, transfer and other fees or taxes.
7.1 OpenSanctions is the sole and exclusive owner and holder of all rights in the Data, the Data Collection and the API Service including all copyrights, database rights, inventions and other intellectual property rights contained or embodied in the Data, the Data Collection and the API Service.
7.2 OpenSanctions grants the Customer the simple, geographically unlimited, non-sublicensable and non-transferable right, limited to the term of the Service Contract, to obtain the Data via the API service, to store and to display the Data for internal purposes or within the Customer’s own products or services, offered by the Customer to third parties.
7.3 The Customer is not entitled,
a. to scrape the Data Collection or otherwise create a duplicate of the Data Collection or significant parts of the Data Collection or have it created by third parties;
b. to sell, rent, lease or lend the Data Collection in whole or in substantial parts to third parties;
c. to make the Data Collection accessible to the public in whole or in substantial parts ("right of public access");
d. to pass on the Data Collection in whole or in substantial parts;
e. to distribute the Data Collection in whole or in substantial parts, in particular not in digital form and not on physical workpieces;
f. to edit the contents of the Data Collection;
g. to use the Data Collection, the Data or its contents either directly or indirectly for the implementation of marketing measures, such as in particular mass mailings (spam) or cold calling;
h. to use the Data Collection in whole or in substantial parts or the API Service to directly compete with OpenSanctions;
i. to use the API Service for racist, discriminatory, pornographic, politically extreme or otherwise unlawful purposes or purposes that violate official regulations or requirements;
j. to use the API Service in a way that violates youth protection laws or criminal laws;
k. to use the API Service for terrorist purposes or in connection with the supply of weapons or other acts of war;
l. to pass on the Data Collection in whole or in substantial parts to third parties, whereby third parties also means affiliated companies within the meaning of § 15 German Stock Corporation Act (AktG), to grant third parties access to the Data Collection in whole or in substantial parts or otherwise make it available to third parties or to disclose it to third parties or make it publicly accessible.
7.4 The rights are granted exclusively to the Customer and are neither transferable nor sublicensable. In particular, the rights are not granted in favor of the Customer's technical service providers or other third parties.
8.1 The Customer has informed itself about the essential functional features of the API Service and bears the risk as to whether these correspond to its wishes and needs. In case of doubt, the Customer must seek advice from OpenSanctions or a competent third party before concluding the Service Contract.
8.2 The Customer is solely responsible for setting up a functional hardware and software environment for the API Service that is sufficiently dimensioned, also taking into account the additional load caused by the API Service, and for implementing the API Service in the Customer's infrastructure.
8.3 The Customer shall be obliged to notify OpenSanctions immediately of any defects in the API Service. The Customer shall forward to OpenSanctions all information available that is necessary for the elimination of the defect and shall take into account OpenSanctions' instructions for problem analysis within the scope of what is reasonable for the Customer.
8.4 The Customer shall observe the instructions provided by OpenSanctions for the configuration and operation of the API Service.
8.5 If and to the extent technically possible, the Customer shall take reasonable precautions in the event that the API Service does not work properly in whole or in part, in particular by diagnosing faults and regularly checking the data processing results.
8.6 The Customer shall bear all costs incurred as a result of the fulfillment of the obligations to cooperate. The Customer shall also bear all additional costs incurred by OpenSanctions due to the (partial) non-fulfillment or delayed fulfillment of the obligations to cooperate.
9.1 User Contracts are concluded for an indefinite period. User Contracts can be terminated by either Party at any time. If the Customer terminates the User Contract during the term of a Service Contract, the User Contract is maintained until the end of the Service Contract and ends when the Service Contract expires.
9.2 Service Contracts are concluded for an indefinite period and can be terminated by either Party with two weeks' notice to the end of the month. If the User Contract is not also terminated, the User Contract shall remain in force after termination of a Service Contract.
9.3 The right to terminate for good cause remains unaffected.
9.4 OpenSanctions may terminate the Service Contract without notice if
a. the Customer fails to pay the fee or a not insignificant part of the fee for two consecutive months or
b. in a period extending over more than two months, with payment of the fee in an amount equal to the fee for two months,
is in default.
9.5 Any termination must be in text form, e.g. by e-mail or via the Account.
The personal data stored by the Customer and the Account will be deleted by OpenSanctions thirty (30) days after the end of the User Contract. If OpenSanctions is not entitled to delete data for legal or other reasons, OpenSanctions may alternatively block them. As soon as OpenSanctions is entitled to delete the aforementioned data, this data will also be deleted by OpenSanctions.
11.1 OpenSanctions provides maintenance and support services for the API Service (hereinafter collectively "Support Services") during OpenSanctions' normal business hours Monday through Friday from 8:30 a.m. to 4:30 p.m. CET, outside of national holidays and holidays in Berlin, December 24 and December 31 (hereinafter "Service Hours"). The Support Services include all services necessary to maintain and restore the operational readiness of the API Service, as well as updates to the API Service for troubleshooting purposes (hereinafter "Updates"). Existing claims for defects on the part of the Customer remain unaffected.
11.2 The Customer may submit service requests, errors and faults in the API Service and Data (hereinafter "Errors") to OpenSanctions by e-mail at support@opensanctions.org in English (hereinafter "Notification").
11.3 The Customer must describe the circumstances of the occurrence of the Error and its effects as part of the Notification. The Notification should make it possible to reproduce the Error. In particular, the Notification must precisely describe the Error (conditions under which it occurs, symptoms and effects of the Error) and contain a proposal for classifying the Error into one of the error categories. The Customer must provide OpenSanctions with at least the following information:
a. User for whom the Error has occurred;
b. Description of the Error in the form of:
· What is the expected behavior or the required function?
· What behavior or function occurred instead of the expected behavior or required function?
· What was the effect of this Error (on use or users)? What was the aim and purpose of the use or what was it trying to achieve?
c. Text and screenshot of the Error and the error message, if available;
d. Description of the system and hardware environment including the Internet browser used;
e. Date and time at which the Error occurred;
f. Suggestion for classifying the Error.
The Customer's statutory obligations to inspect and give notice of defects shall remain unaffected.
11.4 Errors occurring on the API Service are classified by OpenSanctions at its reasonable discretion into the following categories.
a. Critical Error (priority level 1): There is a sustained disruption to the program sequence (e.g. database crash), resulting in the API Service being completely unable to function. A malfunction of system parts that leads to the disruption of all work processes also has priority level 1.
b. Major Error (priority level 2): Parts of the API Service cannot be used due to a fault, or not insignificant faults occur in parts of the program sequences.
c. Other Error (priority level 3): There are minor problems or requirements whose content is cosmetic or does not call into question the use of the API Service.
11.5 OpenSanctions will respond to Notification from the Customer within the following times (hereinafter "Response Time"):
11.6 Compliance with the Response Time is only measured within the Service Hours. The Response Time begins with the receipt of a proper Notification. If the Notification is received outside the Service Hours, the Notification is received at the start of the next Service Hours. A Notification shall be deemed to be proper if the Customer fulfills its obligations to cooperate in accordance with Section 11.3 with regard to the description of the Error.
11.7 An Error to be rectified does not exist if, in particular
a. the presence of an Error has only a negligible effect on the use of the API Service;
b. an Error was caused by improper use of the API Service;
c. the cause of an Error is not caused by the API Service, but by other causes that are not within the sphere of OpenSanctions (e.g. Customer-side system crash, missing or insufficient internet connection of the Customer).
11.8 OpenSanctions will carry out the troubleshooting remotely if possible and necessary. OpenSanctions shall take appropriate measures in this regard so that third parties cannot gain unauthorized access to the Customer's IT system via the remote maintenance facility.
11.9 The type and manner of error correction are at the reasonable discretion of OpenSanctions.
11.10 The rectification of an Error may also take the form of instructions to the Customer. The Customer must follow such instructions.
11.11 If an Error in the API Service reported by the Customer does not exist, OpenSanctions shall be entitled to invoice the resulting expenses separately if the Customer has been at least grossly negligent in failing to recognize the absence of an Error.
11.12 OpenSanctions does not owe the provision or performance of Support Services to the Customer's end customers.
11.13 The Customer shall assist OpenSanctions to a reasonable extent in the fulfillment of the technical Support Services at its own expense. The Customer's obligations to cooperate are genuine obligations of the Customer.
12.1 OpenSanctions guarantees availability of the API Service of 99.9% on an annual basis (hereinafter "Uptime"). The following are not taken into account when calculating the Uptime
a. downtimes that are not due to a breach of duty by OpenSanctions, such as attacks on OpenSanctions systems or systems of the services used by OpenSanctions by third parties, hardware failures of OpenSanctions or the services used by OpenSanctions through no fault of OpenSanctions or cases of force majeure, as well as related unplanned maintenance work.
b. Planned downtimes as defined in Section 12.2.
12.2 OpenSanctions is entitled to interrupt the availability of the API Service for a maximum of six (6) hours per calendar month for maintenance and software updates (hereinafter "Planned Downtimes"). If it is foreseeable for OpenSanctions that Planned Downtimes will last longer than three (3) hours at a time, OpenSanctions will inform the Customer at least three (3) days before the start of the respective Planned Downtime by e-mail and via the status/maintenance dashboard under the Account.
13.1 OpenSanctions does not warrant the suitability of the API Service for any purpose intended by the Customer, unless otherwise specified in the API Service specification. Specifications set out in the service description or other documentation do not constitute guarantees, unless they are expressly designated as such.
13.2 In the event of a warranty claim, OpenSanctions shall, at its own discretion, remedy defects in the API Service by troubleshooting, replacement, updates or releases of a new version of the API Service.
13.3 The Customer is not entitled to any warranty claims,
a. if the Customer does not use the API Service as intended or misuses it, or
b. if the Customer modifies or changes the API Service outside the intended functionalities without the prior express consent of OpenSanctions in text form, or
c. if problems or errors are due to the fact that the API Service was used with programs that are not compatible with the API Service,
unless the Customer proves that the defect is attributable to the API Service and was present without any action on its part.
13.4 The strict liability of OpenSanctions for damages (§ 536 lit. a BGB) for defects existing at the time of conclusion of the contract is excluded.
13.5 If the Customer is entitled to compensation for damages or reimbursement of futile expenses due to warranty, this is subject to the limitation of liability in the following Section 14.
14.1 Subject to the further provisions of this Section 14 OpenSanctions shall only be liable if and to the extent that OpenSanctions, its legal representatives, executives, employees or other vicarious agents are guilty of intent or gross negligence. However, in the event of default by OpenSanctions or impossibility of performance for which OpenSanctions is responsible, as well as in the event of breach of essential contractual obligations (cardinal obligations), OpenSanctions shall be liable for any culpable conduct of its own and that of its legal representatives, executives, employees or other vicarious agents. Essential contractual obligations are abstractly defined as those obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the Customer may regularly rely.
14.2 Except in the case of intent or gross negligence of OpenSanctions, its legal representatives, executives, employees or other vicarious agents, the liability of OpenSanctions is limited to the amount of damages typically foreseeable at the time of the conclusion of the Contract.
14.3 Liability for data loss shall be limited to the typical restoration costs that would have been incurred if backup copies had been made regularly and in accordance with the risks involved.
14.4 OpenSanctions is not liable for the functioning of the telecommunications connection (telephone/ISDN/DSL lines, etc.) to its server in the event of power failures, nor for failures of servers that are not under the control of OpenSanctions. OpenSanctions is also not liable for damages caused by force majeure or comparable events. Comparable events include, in particular, strikes, official orders, pandemics, the failure of telecommunications networks or gateways of other operators as well as disruptions in the area of other telecommunications or service providers.
14.5 OpenSanctions is not liable for the topicality, completeness, suitability, quality and correctness of the information, details and data of the third-party providers.
14.6 The exclusions and limitations of liability regulated in the above Sections shall not apply in the event of the assumption of express guarantees, in the event of claims due to the absence of warranted characteristics and for damages resulting from injury to life, limb or health and in the event of mandatory statutory provisions. The limitations set out in Section 14.2 shall also not apply in the event of default by OpenSanctions, for claims for default interest, for the default lump sum pursuant to § 288 para. 5 BGB and for compensation for the damage caused by default, which is based on the legal costs.
14.7 Claims under the German Product Liability Act (Produkthaftungsgesetz) shall remain unaffected by the provisions of this Section 14 shall remain unaffected.
15.1 The Parties shall comply with the applicable data protection regulations, in particular those applicable in Germany.
15.2 For the provision of services by OpenSanctions, please refer to the privacy policy (available here).
15.3 The data processing agreement (available here) applies to the provision of services by OpenSanctions (Art. 28 (3) General Data Protection Regulation (DSGVO)).
15.4 The Customer processes personal data in connection with the use of the API Service only to the extent permitted by law and on the basis of an existing and legally effective legal basis. The Customer shall not query or otherwise collect or process special categories of personal data within the meaning of Art. 9 DSGVO via the API Service.
15.5 The Customer shall indemnify OpenSanctions against all claims of third-parties, in particular claims for data protection violations, which are raised against OpenSanctions in connection with the personal data processed by the Customer on its own responsibility, upon first request. The Customer must inform OpenSanctions immediately of any third-party claims of which the Customer becomes aware. OpenSanctions is entitled to take appropriate measures to defend itself against third-party claims or to pursue its own rights. The indemnification also includes the reimbursement of the costs that OpenSanctions incurs or has incurred through legal prosecution/defense. This shall not affect any further claims for damages by OpenSanctions.
The Customer grants OpenSanctions the revocable right to name the Customer as a reference customer in connection with the use of the API Service, using the company logo. The withdrawal must be made in text form. The withdrawal does not invalidate the legality of the naming in the past. References on the Internet will be removed from the OpenSanctions website within two weeks of withdrawal. In the case of print products that have already been printed at the time of withdrawal, the withdrawal only applies to a new edition.
17.1 OpenSanctions reserves the right to amend these GTC if this appears objectively justified. Changes are objectively justified, for example, in the event of an extension of the functions, a change in the legal or statutory situation, for example, if a section is declared invalid by case law, or if the equivalence relationship existing at the time of conclusion of a contract is disturbed to a not insignificant extent by unforeseeable changes that OpenSanctions does not cause and over which OpenSanctions has no influence. The prerequisite for a change is always that it is reasonable for the Customer.
17.2 Customers will be notified of changes to the GTC. They shall be deemed approved if the Customer has not objected to the validity of the amended GTC in writing or by e-mail to OpenSanctions within four (4) weeks and OpenSanctions has pointed out the legal consequences of an omitted objection.
18.1 These GTC and the contracts governed by them are subject exclusively to the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.
18.2 There are no verbal agreements or collateral agreements.
18.3 For the Customer the exclusive place of jurisdiction for all legal disputes arising from or in connection with the GTC is the registered office of OpenSanctions. OpenSanctions reserves the right to choose its own registered office or the registered office of the Customer as the place of jurisdiction for all legal disputes arising from or in connection with the GTC. In all other respects, the statutory places of jurisdiction apply.
18.4 The place of performance is the registered office of OpenSanctions.
18.5 Text form within the meaning of these GTC means text form within the meaning of § 126b BGB. Declarations by e-mail, by electronic order form or by means of an e-signing tool also comply with the text form within the meaning of these GTC.
Should a provision of these GTC or a provision included herein in the future be wholly or partially invalid or unenforceable or lose its legal validity or enforceability at a later date, this shall not affect the validity of the remaining provisions of these GTC. The same shall apply if it should transpire that these GTC contain a loophole. In place of the invalid or unenforceable provisions or to fill the gap, an appropriate provision shall apply which, as far as legally possible, comes closest to what the Parties intended or would have intended in accordance with the meaning and purpose of these GTC if they had considered the point when concluding the Contract or when subsequently including the provision in question. The Parties are aware of the case law of the German Federal Court of Justice, according to which a severability clause merely reverses the burden of proof. However, it is the express intention of the Parties to maintain the validity of the remaining contractual provisions under all circumstances and thus to waive Section 139 BGB in its entirety.
OpenSanctions is free for non-commercial users. Businesses must acquire a data license to use the dataset.