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Sanctions, Export Control and End-Use Compliance Declaration

Sanctions, Export Control and End-Use Compliance Declaration

This Declaration (the “Declaration”) is an integral part of the Service Supplier’s (“Supplier”) Master Service Agreement and is accepted by the Customer (whether an individual or a legal entity) by ticking the agreement box in the portal.

By clicking “Place Order,” you or the legal entity on whose behalf you legally act (the “Customer”), unconditionally represent, warrant, and certify all statements, conditions, and restrictions set forth in the Declaration.

  1. SANCTIONS STATUS
    1. The Customer, its ultimate beneficial owners (UBOs), directors, officers, affiliates, as well as its authorized users, end-users, and customers (if applicable), are not: 
      • listed on, owned by, or controlled (directly or indirectly) by any person listed on any international sanctions list, including but not limited to: the EU Consolidated Financial Sanctions List, UN Security Council Sanctions, the U.S. Department of the Treasury’s OFAC Specially Designated Nationals (SDN) List and Sectoral Sanctions Identifications (SSI) List, the U.S. Department of Commerce’s Entity List, and the U.K. Consolidated Sanctions List;
      • located, organized, or resident in a country or territory that is the subject of comprehensive EU, U.S., or U.K. sanctions (including, without limitation, the Russian Federation, the Republic of Belarus, Iran, North Korea, Syria, Cuba, and the temporarily occupied territories of Ukraine (including the Crimea region, Sevastopol, Donetsk, Luhansk, Kherson, and Zaporizhzhia regions)).
    2. You strictly comply with all applicable European Union restrictive measures, including but not limited to EU Regulation No. 833/2014 (as amended), which prohibits the provision of hosting services, cloud computing services, and design/management software to the Government of the Russian Federation or to legal persons, entities, or bodies established in Russia.
    3. The Services and Equipment will not be used, directly or indirectly, for the benefit of, on behalf of, or to the order of: (a) the Government of the Russian Federation, the Republic of Belarus, Iran, North Korea, Syria, Cuba, and the temporarily occupied territories of Ukraine (including the Crimea region, Sevastopol, Donetsk, Luhansk, Kherson, and Zaporizhzhia regions), (b) any legal entities, enterprises, or entities established or incorporated under the laws of the Russian Federation, the Republic of Belarus, Iran, North Korea, Syria, Cuba, and the temporarily occupied territories of Ukraine (including the Crimea region, Sevastopol, Donetsk, Luhansk, Kherson, and Zaporizhzhia regions), or (c) any sanctioned individuals or entities.
    4. The Customer or its affiliates (if applicable) are not currently subject to any active asset freezes, export restrictions, or formal enforcement actions, and have not been convicted of, or penalized for, material violations of sanctions laws or export control regulations within the past five (5) years.
    5. The Customer (applicable to legal entities only) is not directly or indirectly owned, controlled, or acting on behalf of any government, state-owned enterprise, or Politically Exposed Person (PEP) from a sanctioned jurisdiction or a country subject to comprehensive EU, U.S., or U.K. sanctions.
  2. End-Use Compliance & Export Control
    1. The Services and Equipment will not be used, directly or indirectly, for the development, design, manufacture, testing, operation, maintenance, deployment, storage, or distribution of:
      • Weapons, ammunition, military logistics, defense procurement, or any other military applications;
      • Dual-use items, advanced technology, electronics, software, or industrial equipment subject to export controls, unless explicitly authorized by the competent government authorities and approved in writing by theSupplier;
      • Cyber-weapons, unauthorized surveillance tools, espionage software, malicious software (malware), or military/state intelligence activities.
    2. The Customer shall implement and maintain reasonable screening, monitoring, and compliance procedures designed to ensure that its authorized users, customers, and end-users comply with applicable sanctions and export control laws. The Customer shall remain fully responsible and liable for all acts and omissions of its users, customers, resellers, agents, contractors, and end-users.
    3. The Customer’s activities are not engaged in, or associated with, the defense, aerospace, space-launch, or military-industrial complex of any sanctioned nation or territory subject to comprehensive embargoes.
  3. Anti-Circumvention & Evasion
    1. The Customer does not and will not use any intermediaries, shell companies, front companies, complex corporate structures, distributors, nominees, or agents for the purpose of concealing your true identity, the identity of the UBOs, the geographical origin of your traffic/users, or the final destination and end-use of the Services and Equipment.
    2. The Customer does not and will not engage in, facilitate, or tolerate any activities related to sanctions evasion, circumvention, or the undermining of applicable restrictive measures.
  4. Legal Reliance, Acknowledgment, and Remedies
    1. All representations, warranties, and certifications made herein are completely true, accurate, and correct as of the date of submission.
    2. You undertake to promptly notify in writing if any representation in this Declaration becomes inaccurate, incomplete, or misleading, or if you (or your legal entity’s UBOs, directors, or affiliates (if applicable)) become subject to new or reinstated sanctions, export restrictions, or formal regulatory investigations.
    3. Any misrepresentation or inaccuracy as well as reasonable suspicion that the Customer, any authorized user, end-user, affiliate, or related party may be involved in activities that violate sanctions, export control laws, anti-circumvention measures, or other applicable regulations may result in suspension or termination of your account, the Services, the contract, or any combination thereof. Such suspension shall not entitle Customer to any refund, compensation, or damages, nor shall it give rise to any claim, cause of action, or liability of the Supplier.

      The Supplier may suspend or terminate Services where the Customer’s (its legal entity’s) activities may expose the Supplier to reputational harm, adverse publicity, regulatory scrutiny, or increased compliance risk.

      The Supplier shall not be required to establish an actual violation of law before exercising any rights under this Declaration.
    4. You possess the requisite corporate authority and legal capacity to bind the Customer (if applicable) to this Declaration.
    5. The Supplier may, at any time and at its sole discretion, request information, documentation, certifications, ownership records, end-user details, business activity descriptions, export control information, or any other evidence reasonably necessary to verify compliance with this Declaration. The Customer shall promptly provide such information upon request. Failure to provide the requested information within the specified timeframe shall constitute a material breach of this Declaration.
    6. All representations and warranties contained herein shall be deemed repeated continuously throughout the entire term of the Services.
    7. The Customer shall fully defend, indemnify, and hold harmless the Supplier, its parent companies, subsidiaries, affiliates, directors, officers, employees, contractors, and representatives from and against any and all claims, investigations, enforcement actions, penalties, fines, sanctions, losses, damages, costs, expenses, remediation costs, business interruptions, reputational harm, and legal fees arising out of or related to: (a) any breach of this Declaration; (b) any act or omission of the Customer, its users, customers, resellers, contractors, agents, or end-users; (c) any violation of sanctions, export control, anti-money laundering, anti-corruption, or similar laws; (d) any investigation conducted by governmental authorities; (e) any actual or alleged sanctions evasion or circumvention.
    8. The Customer shall maintain accurate records relating to its use of the Services, customers, end-users, ownership structure, and compliance procedures for a minimum period of five (5) years and shall provide such records upon request.