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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") with regard to the access and use of the OpenSanctions Data Collection, as defined in Section 2.1.
1.2 The validity of general contractual or business conditions of the Customer is expressly excluded. This shall also apply if OpenSanctions has not expressly objected to the Customer's terms and conditions and/or provides services without objection.
1.3 In the event of ambiguities or deviations, the individual Offer from OpenSanctions as defined in Section 3.1 shall take precedence over these GTC.
2.1 The subject matter of these GTC is the access and use of the data collection already existing at the time of conclusion of the contract and the new data created after conclusion of the contract, which OpenSanctions aggregates 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 collectively referred to as "Data Collection").
2.2 The Data Collection is retrieved by OpenSanctions from third-party providers, compiled and made available to the Customer in aggregated form. 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 in aggregated form for the Customer. The retrieval of new and changed data from the third-party providers takes place at least every 24 hours. The Customer has the option of an automated retrieval of the Data Collection via the Retrieval Software provided by OpenSanctions in accordance with Section 5.2.
2.3 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.
2.4 The services of OpenSanctions are 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 services of OpenSanctions are not provided to consumers.
2.5 OpenSanctions is entitled to discontinue or modify free services at any time. 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.
2.6 The information requested from the Customer upon conclusion of the Contract, as defined in Section 3.2 and in the course of processing the Contract must be provided completely and truthfully, in particular with regard to the scope and purpose of use of the Data Collection. If the aforementioned information changes, the Customer is obliged to update the information immediately. At OpenSanctions' request, the Customer must confirm and provide evidence of the information.
3.1 The type, content and scope of the respective services of OpenSanctions as well as the scope of use of the Data Collection are additionally defined in an individualized offer (hereinafter "Offer").
3.2 By sending the Offer to the Customer, OpenSanctions submits a legal offer to conclude the contract. By confirming the Offer in text form (hereinafter "Confirmation") and receipt of the Confirmation by OpenSanctions, the Customer accepts the Offer with legal effect, so that a contract (hereinafter "Contract") is concluded between the Parties for the agreed services on the basis of the Offer and these GTC. If the Confirmation is not received by OpenSanctions within 30 days of the date of the Offer, no Contract will be concluded between the Parties.
4.1 OpenSanctions is the sole and exclusive owner and holder of all rights in the Data Collection, including all copyrights, database rights, inventions and other intellectual property rights contained or embodied in the Data Collection.
4.2 The Parties agree in the Offer on the type of use of the Data Collection in the form of an Internal License, as defined in Section 4.3 or Reseller License, as defined in Section 4.4.
4.3 If the Parties have agreed on an internal use of the Data Collection in the Offer, OpenSanctions grants the Customer the non-exclusive, territorially unlimited, limited to the term of the Contract, non-sublicensable and non-transferable right, to use the Data Collection for internal purposes and to store the Data Collection on the Customer's own or rented servers for this purpose. The Customer's internal right of use includes the use of the Data Collection to fulfill internal tasks in the Customer's own interest, such as in particular
a. onboarding of the Customer’s suppliers or vetting of existing suppliers of the Customer,
b. onboarding and verification of the Customer’s clients (KYC),
c. vetting of future employees of the Customer,
d. enriching an internally-used knowledge graph,
e. integration of the Data Collection into technical solutions for payment services that use Data Collection, including to verify the sender and recipient of money transfers.
The granting of rights for internal use does not include the Customer's authorization,
f. to pass on the Data Collection or parts of the Data Collection to third-parties, whereby third-parties within the meaning of this Section 4 also means affiliated companies within the meaning of § 15 German Stock Corporation Act (AktG), to grant third-parties access to the Data Collection or otherwise make it available to third-parties or to disclose it to third-parties or make it publicly accessible;
g. to directly or indirectly commercially exploit the Data Collection or parts of the Data Collection in a product or service of the Customer;
h. to sell, rent, lease or lend the Data Collection in whole or in substantial parts to third-parties;
i. to make the Data Collection accessible to the public in whole or in substantial parts ("right of public access");
j. to have the Data Collection reproduced in whole or in substantial parts by third-parties;
k. to pass on the Data Collection in whole or in substantial parts;
l. to distribute the Data Collection in whole or in substantial parts, in particular not in digital form and not on physical workpieces;
m. to edit or supplement the contents of the Data Collection; or
n. to use the Data Collection or its content either directly or indirectly for mass mailings (spam)
(hereinafter the granting of rights pursuant to this Section 4.3 collectively referred to as "Internal License").
4.4 If the Parties have agreed on an external reseller use of the Data Collection in the Offer, OpenSanctions grants the Customer, in addition to the rights under Section 4.3, the non-exclusive right to display and sell the Data Collection to third-parties in the framework of the Customer's own products and services, in particular via web tools, enriched data products and APIs, in particular for
a. the sale of AML and transaction monitoring solutions to third-parties;
b. the sale of KYC and online ID verification solutions to third-parties; or
c. the sale of refined data products such as knowledge graphs to third-parties.
The granting of rights for external reseller use does not include the Customer's authorization,
d. to sell, rent, lease or lend the Data Collection in whole or in substantial parts to third-parties;
e. to make the Data Collection accessible to the public in whole or in substantial parts ("right of public access");
f. to have the Data Collection reproduced in whole or in substantial parts by third-parties;
g. to pass on the Data Collection in whole or in substantial parts;
h. to distribute the Data Collection in whole or in substantial parts, in particular not in digital form and not on physical workpieces;
without the Data Collection being integrated into the Customer's own products or services and creating added value through this integration.
The granting of rights for external reseller use does not include the Customer's authorization,
i. to edit or supplement the contents of the Data Collection;
j. to use the Data Collection or its content either directly or indirectly for mass mailings (spam);
(hereinafter the granting of rights pursuant to this Section 4.3 collectively referred to as "Reseller License").
4.5 The aforementioned rights are granted 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.
4.6 The Customer undertakes to use the Data Collection exclusively in accordance with the aforementioned granting of rights and to inform OpenSanctions immediately in text form of any planned changes to the use of the Data Collection.
5.1 OpenSanctions shall make the Data Collection available to the Customer in loss-free compressed form for download via the internet using an encrypted standard protocol (e.g. HTTPS) using a content delivery network to enable industry practice bandwidths.
5.2 The Customer can access the Data Collection at
a. directly via its browser using the URL provided by OpenSanctions;
b. via the retrieval software “yente” provided free of charge by OpenSanctions (hereinafter "Retrieval Software"). OpenSanctions expressly points out to the Customer that the Retrieval Software is currently only available as a beta version and that the functionalities of the Retrieval Software are therefore at an early stage of development. The Retrieval Software is therefore provided as-is, subject to the license terms included with the software package (MIT License). OpenSanctions reserves the right to update, adapt, stop and improve the Retrieval Software at any time.
5.3 OpenSanctions transmits the access to the Data Collection to the Customer via a secure transmission channel. OpenSanctions reserves the right to limit access to the Data Collection in the future. Such a change would be announced three (3) months in advance, and the access would afterward be secured with a user name and a password that meets the requirements laid out in OpenSanctions Access Control Policy.
The Customer undertakes to use the Data Collection only for the contractually agreed purposes, to immediately and effectively secure all Data Collection against unauthorized access in accordance with the current state of the art and not to make it accessible to unauthorized third-parties either in whole or in part.
7.1 The amount of remuneration is agreed in the Offer.
7.2 The Customer can choose between a monthly and an annual billing period, whereby the Customer is granted the discount stated in the Offer if an annual billing period is chosen.
7.3 Payment is due in advance at the beginning of the respective billing period agreed in the Offer.
7.4 The Customer agrees to receive invoices exclusively in electronic form (PDF format).
7.5 The Customer can choose the payment method invoice with bank transfer (SWIFT/SEPA) or credit card (via Stripe). OpenSanctions is entitled to exclude individual payment methods for the Customer.
7.6 OpenSanctions is entitled to increase the remuneration by up to 5% (five percent) per contract year after the expiry of 24 months after the conclusion of the Contract by giving notice in text form of one month to the end of the month compared to the remuneration last charged in the previous contract year. The Customer has the right to terminate the Contract within a period of four weeks after receipt of the notice.
7.7 The Customer is only entitled to use the Data Collection beyond the granted rights of use with the prior written consent of OpenSanctions. In the event of additional use without consent, in particular when using a different type of use or a larger number of end customers than agreed, OpenSanctions is entitled to charge the remuneration due for the additional use in accordance with Section 7.1 unless the Customer proves that OpenSanctions has suffered significantly lower damages. Further non-contractual claims for damages remain unaffected.
7.8 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.
7.9 The Customer shall be solely responsible for all transaction, inter-bank, exchange, transfer and other fees or taxes.
8.1 The Customer has informed itself about the essential contents of the Data Collection and bears the risk as to whether these are suitable for its purposes. In case of doubt, the Customer must seek advice from OpenSanctions or a competent third-party before concluding the Contract.
8.2 The Customer is solely responsible for setting up a functional hardware and software environment for retrieving the Data Collection.
8.3 The Customer is obliged to notify OpenSanctions immediately of any errors in the Data Collection.
8.4 The Customer shall inform OpenSanctions immediately in text form of any change in the type of use of the Data Collection as well as of circumstances that have an impact on the pricing, in particular of new end Customers.
8.5 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 The Contract is concluded for an indefinite period and can be terminated by either Party
a. in the case of a monthly billing period, with one (1) month's notice to the end of the respective monthly billing period, but not before the end of a minimum term of three (3) months; and
b. in the case of an annual billing period, with three (3) months' notice to the end of the respective annual billing period , but not before the end of a minimum term of one (1) year.
9.2 The right to terminate the Contract for good cause remains unaffected.
9.3 OpenSanctions may terminate the Contract without notice if the Customer is in default
a. with the payment of the remuneration or a not insignificant part of the remuneration for two consecutive months or
b. in a period extending over more than two months, with payment of remuneration in an amount equal to the remuneration for two months.
9.4 Any termination must be in text form.
10.1 When a termination takes effect - regardless of the legal grounds - the rights granted to the Customer under these GTC, in particular the rights granted in accordance with Section 4, end.
10.2 The Customer undertakes to delete all Data Collection available in electronic form after termination of the Contract, in particular all copies of the Data Collection which are not part of the Customer’s overall archiving (backup). Data Collection that exists in embodied form must be returned to OpenSanctions or destroyed at its request.
11.1 If the Customer breaches one or more of the following obligations and if the Customer is responsible for this breach, the Customer shall forfeit a contractual penalty, which shall be determined by OpenSanctions in each individual case at its reasonable discretion and, in the event of a dispute, shall be reviewed by the locally competent district court.
11.2 A contractual penalty in accordance with the above Section 11.1 is forfeited if the Customer
a. Uses the Data Collection beyond the rights granted in Section 4; or
b. has made false statements regarding the purpose and scope of the use of the Data Collection.
11.3 If the infringement consists of a continuous infringement, a contractual penalty shall be forfeited anew for each month or part thereof in which the infringement continues and is not discontinued despite the owner's request.
11.4 Several acts of infringement each trigger separate contractual penalties, possibly several times within one month. If, on the other hand, individual acts of infringement occur as part of a continuous infringement, they are included in the contractual penalty forfeited for the continuous infringement.
11.5 The Customer is not entitled to assert claims pursuant to this Section 11 to declare offsetting.
11.6 A payment made in accordance with this Section 11 only represents the minimum amount of damages. Payment of the contractual penalty shall not exclude the assertion of any claims for injunctive relief or damages in excess of the contractual penalty if appropriate evidence is provided; rather, the right to assert further claims for damages and injunctive relief is expressly reserved. However, the contractual penalty shall be offset against any compensation for damages insofar as there is an identity of interests.
12.1 OpenSanctions guarantees Data Collection availability of 99.9% on an annual basis (hereinafter referred to as "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 Data Collection for a maximum of six (6) hours per calendar month in order to carry out maintenance work (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.
13.1 OpenSanctions will provide an e-mail (hereinafter "Ticket System") for the Customer to report errors in the Data Collection and technical problems in connection with the retrieval or use of the Data Collection by the Customer (hereinafter collectively "Errors"), in English.
13.2 The Customer shall notify OpenSanctions of the Error via the Ticket System and provide OpenSanctions with all necessary information for an error analysis and localization of the cause of the Error (hereinafter "Notification"). The Customer shall describe the circumstances of the occurrence of the Error and its effects in the Notification. The Notification should enable the Error to be reproduced. In particular, the Notification must precisely describe the Error (conditions under which it occurs, symptoms and effects of the Error).
13.3 The Notification may only be made via the Customer's technical contact in accordance with Section 19.
13.4 OpenSanctions will fix the Errors within a reasonable time. The fixing of Errors includes the localization of the cause of the Error, the Error diagnosis and the fixing of the Error or, if this is not possible with commercially reasonable effort, the establishment of the usability of the Data Collection by bypassing the Error (altogether "Support Services").
13.5 OpenSanctions provides Support Services Monday through Friday, outside of national holidays and holidays in Berlin, December 24 and December 31, from 8:30 a.m. to 4:30 p.m. CET (hereinafter "Service Hours").
13.6 OpenSanctions does not owe the provision or performance of Support Services to the Customer's end customers. Rather, the Customer is obliged to set up its own first-level support, which receives service requests, defects and malfunctions of the end customers in relation to the Data Collection during the Customer's normal business hours by e-mail or telephone, carries out a problem analysis and deals with the requests as far as possible independently, if and insofar as the Customer uses the Data Collection with a Reseller License.
13.7 The Customer's statutory obligations to inspect and give notice of defects shall remain unaffected.
14.1 OpenSanctions does not warrant the suitability of the Data Collection for any purpose intended by the Customer, unless otherwise specified in the specifications of the Data Collection. Specifications set out in the service description of the Data Collection do not constitute guarantees, unless they are expressly designated as such.
14.2 In the event of a warranty claim, OpenSanctions shall, at its own discretion, remedy defects in the Data Collection by rectifying errors or procuring replacements.
14.3 The Customer is not entitled to any warranty claims,
a. if the Customer does not use the Data Collection as intended or misuses it, or
b. if the Customer modifies or changes the Data Collection without the prior written consent of OpenSanctions,
unless the Customer proves that the defect is attributable to the Data Collection and was present without any action on the Customers part.
14.4 If the Customer is entitled to compensation for damages or reimbursement of futile expenses on the basis of the warranty, this is subject to the limitation of liability in the following Section 15.
15.1 Subject to the further provisions of this Section 15 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 (Kardinalpflichten), 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.
15.2 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.
15.3 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.
15.4 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.
15.5 OpenSanctions is not liable for the topicality, completeness, suitability, quality and correctness of the information, details and data of the third-party providers.
15.6 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 15.2 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.
15.7 Claims under the German Product Liability Act (Produkthaftungsgesetz) shall remain unaffected by the provisions of this document.
16.1 The Parties shall comply with the applicable data protection regulations.
16.2 The Customer is obliged to process personal data exclusively to the extent permitted by law and on the basis of an existing and legally effective legal basis.
16.3 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.
17.1 The Parties are obliged to keep all confidential information as well as business and trade secrets within the meaning of Section 17.2 concerning the other Party, which are communicated, disclosed or otherwise come to their knowledge during the term of the Contract or pre-contractually (hereinafter "Confidential Information"), shall be treated as strictly confidential. Subject to the provisions of this Section 17 neither Party shall be entitled to disclose or otherwise reveal Confidential Information to third-parties without the prior consent of the other Party.
17.2 The confidentiality obligation applies
a. for all trade and business secrets of the Parties within the meaning of Section 85 (1) GmbHG;
b. for trade secrets within the meaning of § 2 No. 1 German Trade Secrets Act (GeschGehG), i.e. information (i) which is not generally known or readily accessible, either as a whole or in the precise arrangement and composition of its components, to persons in the circles that normally deal with this type of information and is therefore of economic value, and (ii) which is the subject of confidentiality measures that are reasonable in the circumstances by its legitimate owner, and (iii) for which there is a legitimate interest in confidentiality; and
c. beyond the scope of protection and application of § 1 GeschGehG also for such secrets and other confidential information which are not the subject of appropriate confidentiality measures or have no particular economic value or for other reasons do not constitute a trade secret within the meaning of § 2 No.1 GeschGehG, e.g. business and/or financial plans, (marketing/sales/business/pricing) strategies, (marketing/sales/software/business) concepts, calculation bases, price lists, software algorithms, product and/or program specifications, supplier and/or customer data, sales and marketing data or marketing plans, other information on (i) sources of supply, (ii) operating and other costs, (iii) the organization, shareholding structure, management, employees, suppliers, cooperation partners and/or Customers, (iv) the financial, technical, legal, tax or (business) economic circumstances of the Parties.
17.3 For the classification as Confidential Information it is irrelevant (i) whether and on which carrier medium the respective Confidential Information is embodied; (ii) whether the respective Confidential Information is marked as "confidential" or "secret"; (iii) whether the respective Confidential Information has a special economic value from the point of view of the receiving Party; (iv) whether other technical or organizational measures are taken to protect confidentiality in addition to the conclusion of this Agreement.
17.4 Confidential information may be disclosed,
a. insofar as the corresponding confidential information is generally known or readily accessible;
b. to the extent that the corresponding Confidential Information has already been lawfully disclosed to the recipient without breach of the confidentiality obligation or other statutory or contractual confidentiality provisions;
c. in compliance with the need-to-know principle vis-à-vis employees, affiliated companies or consultants of the Parties who are subject by law to a professional duty of confidentiality or a confidentiality obligation comparable to this agreement;
d. insofar as this is mandatory due to a court or official order or due to statutory disclosure obligations.
Otherwise, § 3 and § 5 GeschGehG remain unaffected.
17.5 The Parties are obliged to take all necessary and reasonable measures to protect the Confidential Information from unauthorized access, unauthorized disclosure, use, exploitation or publication and from misuse by third-parties. In doing so, at least the same care shall be taken as the receiving Party takes to protect its own information of a comparable confidential nature.
17.6 At the request of the other Party, the Parties shall return all Confidential Information provided to them (including all copies, transcripts, recordings on electronic or other data carriers or other reproductions) to the other Party immediately after termination of this agreement or ensure that it is returned or, at the request of the other Party, destroy it and/or delete it from data carriers or ensure that it is destroyed or deleted, unless there is a legal obligation to retain or store it. There is no right of retention in this respect.
17.7 Any further rights and claims with regard to trade and business secrets or other confidential information, including those arising from the GeschGehG, shall remain unaffected by the provisions of this Section 17. The rights set out in this Section 17 shall - subject to mandatory statutory provisions - not be restricted by the provisions of the GeschGehG or by other statutory provisions.
17.8 In the event of a breach of this Section 17 the breached Party reserves the right to take further action against the other Party, including, without limitation, civil actions for damages and injunctive relief.
17.9 The breach of the confidentiality obligation by one Party constitutes a material breach of this agreement, which entitles the other Party to terminate the agreement for good cause. If the breaching Party does not exercise this right of termination for such a breach in an individual case, the Party concerned reserves the right to terminate the Contract (for good cause) in the event of recurrence.
17.10 The violation of statutory and contractual confidentiality obligations is subject to criminal sanctions in accordance with § 23 GeschGehG.
17.11 The confidentiality obligation shall remain in force for four (4) years after the termination of this Contract.
The Customer grants OpenSanctions the revocable right to name the Customer as a reference customer in connection with the licensing of the Data Collection, 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.
19.1 The Customer shall provide OpenSanctions with a technical contact person and contact details (e-mail address, telephone number) for billing and for communication in connection with the fulfillment of the Contract.
19.2 In the event of inaccuracies or changes in the contact details and in the event of a change of a contact person appointed by the Customer in accordance with Section 19.1 to inform OpenSanctions immediately in text form, providing updated information.
19.3 The relevant contact details of OpenSanctions for communication with OpenSanctions can be found in the Offer.
20.1 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 the 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.
20.2 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.
21.1 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.
21.2 There are no verbal agreements or collateral agreements.
21.3 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.
21.4 The place of performance is the registered office of OpenSanctions.
21.5 Amendments and supplements to these GTC and the Contracts governed hereunder must be made in writing. This also applies to the waiver of this Section 21.5. The written form requirement is also met if the Parties provide their signatures at least by means of electronic signatures within the meaning of Art. 3 No. 10 of the European eIDAS Regulation (e.g. DocuSign).
21.6 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.