General Terms and Conditions

1. Provider

sanctioncheck.ch is a service of:

Daniba Services GmbH
Stampfenbachstrasse 125
8006 Zurich
Switzerland

UID: CHE-361.956.490
CH-ID: CH-400-4446124-4
E-mail: info@daniba.com

Daniba Services GmbH is hereinafter referred to as the "Provider".

2. Scope of Application

These General Terms and Conditions, hereinafter the "Terms", govern the contractual relationship between the Provider and the customers who use the sanctioncheck.ch service.

The Terms apply in particular to:

• registration;
• the maintenance of a user account;
• the purchase and use of credits;
• the performance of sanctions list screenings;
• the creation and use of screening reports;
• all further functions offered via sanctioncheck.ch.

By registering, purchasing credits or using the service, the customer confirms having read and accepted these Terms.

Deviating terms and conditions of the customer shall only apply if the Provider has expressly agreed to them in text form.

3. Exclusively Business Use

The service is intended exclusively for:

• companies;
• organizations;
• public authorities;
• associations;
• foundations;
• self-employed persons;
• natural persons who use the service in the course of their professional or commercial activity.

The service is intended exclusively for business purposes. Use for private consumer purposes is excluded.

By registering and using the service, the customer confirms acting in the course of a professional, commercial, governmental or otherwise business-related activity.

The Provider is entitled to refuse a registration or block a user account if there are indications that the service is being used for private consumer purposes.

The service is offered to customers domiciled in Switzerland and in the Principality of Liechtenstein. The Provider may, at its own discretion, also make the service available to customers from other countries.

4. Subject Matter of the Service

sanctioncheck.ch is a web-based service for performing and documenting sanctions list screenings.

The service enables in particular:

• the search for natural persons, companies and organizations;
• the matching of search terms against selected sanctions lists;
• the display of possible matches;
• the display of information available for the results;
• the creation and download of screening reports;
• the documentation of screenings performed;
• further functions related to sanctions list screenings and compliance processes.

The specific scope of the service results from the current description on sanctioncheck.ch.

The Provider is entitled to further develop, update, adapt, restrict or replace the service with equivalent functions at any time.

There is no entitlement to the permanent provision of a specific function, display or data source.

5. No Substitute for an Individual Assessment

The service supports the customer in performing sanctions list screenings. However, it does not make any legal, regulatory or economic decision on behalf of the customer.

In particular, the service does not replace:

• legal advice;
• compliance advice;
• KYC due diligence;
• anti-money laundering due diligence;
• identity verification;
• verification of beneficial ownership;
• information from public authorities;
• individual risk assessment;
• clarification of a possible sanctions list match.

A displayed result does not automatically mean that the searched person, company or organization is identical to an entry on a sanctions list.

The absence of a search result does not mean that the searched person, company or organization is certainly not listed on any relevant sanctions list.

The customer is solely responsible for:

• reviewing search results from a professional perspective;
• further clarifying possible matches;
• obtaining additional identifying information;
• assessing the applicable legal and regulatory requirements;
• making the necessary decisions and taking the necessary measures on their own responsibility.

6. Data Sources

The service processes data from selected publicly available or licensed sources.

The data sources actually supported at any given time are disclosed within the service or on sanctioncheck.ch.

The data sources may in particular include sanctions lists and data sets from the following bodies:

• State Secretariat for Economic Affairs SECO;
• Office of Foreign Assets Control OFAC;
• Foreign, Commonwealth & Development Office of the United Kingdom;
• United Nations Security Council;
• further national or international bodies.

The Provider is entitled to add, replace, update, temporarily suspend or permanently discontinue data sources at any time.

This applies in particular if a data source is no longer available, its technical or contractual conditions change, or further use is not possible for legal, economic or technical reasons.

The Provider has no influence over the creation and publication of external sanctions lists. The Provider therefore gives no assurance that external data sources are complete, up to date, error-free or available without interruption at all times.

7. Registration and User Account

A user account is required to use certain parts of the service.

The customer undertakes to:

• provide accurate information upon registration;
• use a valid and permanently accessible e-mail address;
• keep their access credentials confidential;
• take appropriate security measures;
• not disclose their access credentials to unauthorized third parties;
• promptly report any suspected or identified misuse.

The customer is responsible for all activities carried out through their user account, insofar as these fall within their area of responsibility.

The Provider is entitled to require appropriate security measures. These may include, in particular, confirmation of the e-mail address, renewed login or additional authentication steps.

8. Permitted Use

The service may only be used for lawful business purposes.

In particular, the following are not permitted:

• unlawful or abusive search requests;
• automated bulk queries without the Provider's express consent;
• circumvention of technical protection measures;
• interference with the security or availability of the service;
• automated extraction or copying of the service or its databases;
• transferring a user account to unauthorized third parties;
• using the service to infringe data protection, personality or other rights of third parties;
• the resale or commercial provision of the service to third parties without a written agreement with the Provider;
• using search results for unlawful, discriminatory or abusive purposes.

The customer is responsible for ensuring that the entry, processing and use of personal data within their area of responsibility is lawful.

9. Credit System

Certain parts of the service are billed via a credit system.

The customer may purchase credits in the packages offered on sanctioncheck.ch. The number of credits required for a specific use is disclosed within the service.

Credits:

• are credited to the user account upon successful payment confirmation;
• are tied to the respective user account;
• are not transferable to other user accounts;
• do not bear interest;
• do not constitute a means of payment;
• cannot be redeemed for cash or paid out;
• may not be resold.

Purchased credits are valid for five years from the date of purchase. Upon expiry of this period, unused credits lapse without entitlement to a refund or payout.

If the Provider permanently discontinues the service for economic, legal, technical or other reasons before the expiry of the five-year validity period, the validity of any remaining credits ends at the latest upon discontinuation of the service.

Insofar as circumstances permit, the Provider will inform affected customers in advance of a planned discontinuation of the service and give them the opportunity to use existing credits by a communicated date.

No entitlement to a specific minimum period of continued availability arises from such a notice.

Credits already properly used are deemed consumed and will not be re-credited or refunded.

10. Prices and VAT

The prices displayed within the service at the time of purchase apply.

All prices are stated in Swiss francs and include statutory VAT unless expressly stated otherwise.

The prices displayed during the ordering process are binding for the respective purchase.

The Provider is entitled to adjust prices, credit packages and the credit requirement for certain parts of the service at any time for future purchases and uses.

Price changes have no retroactive effect on purchases already completed.

11. Order and Conclusion of Contract

The display of credit packages constitutes an invitation to the customer to submit an order.

The customer selects the desired credit package and an available payment method. Before completing the purchase, the selected package, the price and the essential order details are displayed.

By triggering the chargeable order, the customer submits a binding offer to purchase the selected credit package.

The contract is concluded as soon as the payment is successfully confirmed and the purchase is registered as successful or completed within the service.

In the event of a declined, aborted or technically unconfirmed payment, there is no entitlement to the crediting of the relevant credits.

12. Payment Processing

Payment processing is carried out via Wallee and the payment methods available in the respective purchase process.

Depending on availability, country, device and configuration, the following payment methods may in particular be offered:

• TWINT;
• Visa;
• Mastercard;
• American Express;
• PostFinance;
• Apple Pay;
• Google Pay;
• further payment methods supported by Wallee.

There is no entitlement to the permanent availability of a specific payment method.

The terms and conditions and privacy notices of the payment service providers involved may additionally apply to payment processing.

The Provider does not store complete credit card data. Payment data is processed by the payment service providers involved insofar as this is necessary for the execution, confirmation and documentation of the payment.

13. Invoices and Payment Receipts

Invoices and payment receipts may be provided electronically or sent to the e-mail address provided by the customer.

The customer is responsible for providing correct and complete invoicing details and keeping them up to date.

The personal information stored in the user profile and the billing address are managed independently of each other. The customer is responsible for entering the details desired for invoicing in the area provided for that purpose.

14. Refunds

A refund of credits already used is excluded.

Unused credits are generally neither refunded nor paid out in cash. This also applies to the deletion or blocking of a user account as well as to the expiry of the five-year validity period.

Mandatory statutory claims remain reserved.

If a payment has demonstrably been charged without the corresponding credits having been credited, the customer must inform the Provider at info@daniba.com.

The Provider will investigate the matter. Insofar as a technical error within the Provider's area of responsibility is established, the Provider may, at its own discretion:

• subsequently credit the missing credits;
• have the purchase executed again;
• refund the relevant amount.

Duplicate or evidently erroneous charges will be corrected following appropriate review.

15. Availability

The Provider endeavors to provide the service reliably and securely.

Uninterrupted, constantly available or error-free provision is not guaranteed.

Temporary restrictions may arise in particular due to:

• maintenance work;
• security updates;
• technical disruptions;
• system updates;
• outages of hosting or infrastructure providers;
• disruptions of external data sources;
• disruptions of payment service providers;
• regulatory or statutory measures;
• events beyond the Provider's sphere of influence.

The Provider is entitled to temporarily restrict or suspend the service if this is necessary to maintain security, integrity or functionality.

16. Currency and Quality of Search Results

The Provider endeavors to regularly update the sanctions data used and to process it technically correctly.

The quality of a search result may depend, among other things, on the following factors:

• the spelling of the search term;
• the completeness of the information entered;
• deviating name forms;
• aliases;
• transliterations;
• the quality and currency of external data sources;
• technical or content-related limitations of the data sources;
• the search methodology used;
• missing additional identifying information.

The service cannot completely rule out false positive and false negative results.

The customer must always assess search results taking into account the respective context and any further available identifying information.

17. Screening Reports

Screening reports document the comparison performed at the stated screening time, based on the data available within the service at that time.

A screening report does not confirm that the screened person, company or organization permanently does not appear on any sanctions list.

Subsequent changes or additions to sanctions lists are not part of a screening report already created. A new screening is required for a current assessment.

The customer is responsible for the secure storage and lawful use of downloaded screening reports.

18. Warranty

The Provider performs the service with reasonable care.

Insofar as legally permissible, the Provider gives no warranty for:

• the completeness of external data sources;
• the accuracy of external data;
• the currency of external data;
• the uninterrupted availability of external data sources;
• the detection of every possible match;
• the avoidance of false positive results;
• the avoidance of false negative results;
• the suitability of the service for a particular purpose;
• the achievement of a particular legal, regulatory or economic result.

Mandatory statutory warranty claims remain reserved.

19. Liability

Use of the service is at the customer's own responsibility.

The Provider gives no assurance that the service is available at all times error-free, complete, up to date or without interruption.

Insofar as legally permissible, the Provider excludes any liability.

If, despite this exclusion of liability, the Provider is nevertheless liable, such liability is, insofar as legally permissible, limited in total to 20% of the contract value paid by the customer for the relevant service.

Insofar as legally permissible, the Provider is in particular not liable for:

• indirect damages and consequential damages;
• loss of profit;
• loss of business opportunities;
• reputational damage;
• data loss;
• claims of third parties;
• regulatory measures, sanctions or fines;
• costs of internal or external follow-up reviews;
• incomplete, delayed or incorrect data from external data sources;
• false positive or false negative search results;
• interruptions or failures of external data sources, hosting providers or payment service providers;
• decisions, actions or omissions of the customer or third parties based on search results, screening reports or other information from the service;
• improper, unlawful or contractually non-compliant use of the service.

The service serves exclusively to support sanctions list screenings and does not replace any legal, regulatory or professional assessment.

The customer remains solely responsible for reviewing search results, clarifying possible matches and making the decisions necessary for their specific use case.

Multiple damages arising from the same or a related cause shall be deemed a single damage event.

Mandatory statutory liability provisions remain reserved.

20. Data Protection and External Service Providers

The processing of personal data is carried out in accordance with the sanctioncheck.ch privacy policy and applicable data protection law.

The customer is responsible for ensuring that personal data entered or processed by the customer within the service may be lawfully processed.

External service providers are used to provide the service. These include in particular:

• Wallee for payment processing;
• Infomaniak Network SA for hosting and infrastructure services.

Further details on data processing, the categories of data processed, the purposes of processing, the recipients and the rights of data subjects are set out in the privacy policy.

21. Intellectual Property

All rights to the service, in particular to the software, the appearance, the Provider's own texts, reports, trademarks, structures and technical components, remain with the Provider or the respective rights holders.

The customer is granted a limited, non-exclusive and non-transferable right to use the service as intended for the duration of the contractual relationship.

No further rights are transferred through the use of the service or the purchase of credits.

Rights to data and content from external data sources remain with the respective rights holders.

22. Blocking of the User Account

The Provider may temporarily or permanently restrict access to the service if:

• the customer violates these Terms;
• the service is used abusively or unlawfully;
• there is a security risk;
• there is a reasonable suspicion of unauthorized use;
• the customer circumvents technical protection measures;
• blocking is required due to statutory or regulatory requirements;
• the customer uses the service for private consumer purposes contrary to its exclusive B2B orientation.

Insofar as circumstances permit, the customer will be informed of the blocking.

The blocking does not affect existing payment claims or other claims of the Provider.

In the event of a justified blocking due to a breach of these Terms by the customer, there is, insofar as legally permissible, no entitlement to a refund of unused credits.

23. Deletion of the User Account

The customer may request the deletion of their user account by e-mail to info@daniba.com.

The Provider may carry out a reasonable identity or authorization check to prevent unauthorized deletion requests.

Before deletion, the customer is themselves responsible for downloading and securing any required screening reports, invoices and other documents.

Upon deletion of the user account, there is generally no entitlement to payout or refund of any remaining credits.

Statutory retention obligations and the Provider's legitimate interests in the further retention of certain data remain reserved.

24. Discontinuation of the Service

The Provider is entitled to discontinue the service, in whole or in part, for economic, legal, technical, organizational or other reasons.

Insofar as circumstances permit, the Provider will inform affected customers in advance in an appropriate manner.

Remaining credits may lapse at the latest upon discontinuation of the service. Insofar as possible, customers will be given the opportunity to use existing credits prior to discontinuation.

Insofar as legally permissible, there is no entitlement to payout, transfer or refund of remaining credits upon discontinuation of the service.

25. Communication

The Provider may transmit contract-related communications electronically within the service or to the e-mail address provided by the customer.

The customer is responsible for keeping their e-mail address up to date and for regularly checking contract-related messages.

Electronically transmitted communications are deemed delivered as soon as they are sent to the e-mail address provided by the customer or made available within the user account.

26. Amendments to the Terms

The Provider may amend these Terms if this is necessary due to further development of the service, a change in the legal situation, new technical requirements or comparable objective reasons.

The respective current version is published on sanctioncheck.ch.

Insofar as an amendment materially affects existing contractual relationships, the customer will be informed thereof in an appropriate manner.

For an individual credit purchase, the version of the Terms in force at the time the relevant purchase was concluded generally applies.

27. Transfer of the Contractual Relationship

The customer may only transfer rights and obligations arising from the contractual relationship to third parties with the Provider's prior consent.

The Provider is entitled to transfer rights and obligations arising from the contractual relationship to a third party in the context of a business transfer, restructuring, merger, sale of the service or legal succession.

28. Severability Clause

Should any provision of these Terms be wholly or partially invalid or unenforceable, the remaining provisions shall remain unaffected.

The invalid or unenforceable provision shall, insofar as permissible, be replaced by a provision that comes as close as possible to the economic purpose of the original provision.

The same applies to any gaps in these Terms.

29. Governing Language

The German version of these Terms and Conditions shall prevail.

Translations of these Terms and Conditions into other languages are provided for information purposes only.

In the event of inconsistencies, ambiguities or conflicts between the German version and any translation, the German version shall prevail.

30. Governing Law

These Terms are governed exclusively by substantive Swiss law, excluding its conflict-of-laws rules.

The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.

Mandatory statutory provisions remain reserved.

31. Jurisdiction

Insofar as legally permissible, the exclusive place of jurisdiction for all disputes arising out of or in connection with the service is Zurich, Switzerland.

Mandatory statutory places of jurisdiction remain reserved.

Daniba Services GmbH
Stampfenbachstrasse 125
8006 Zurich
Switzerland

UID: CHE-361.956.490
CH-ID: CH-400-4446124-4
E-mail: info@daniba.com