TAK Hub – home page

General terms and conditions of TAKHUB GmbH

General terms and conditions of TAK Hub

This translation is provided for information only. The German version is authoritative.

As of October 17, 2026

Contents

1. Scope and contractual partners

1.1 The contractual partner is TAKHUB GmbH, represented by the managing director Marcel Neuroth, Dierath 66, 51399 Burscheid, Germany, registered in the commercial register of the Cologne District Court under HRB 127646, VAT ID no. DE465328633. You can reach us at info@takhub.de and +49 152 07871130. Below we refer to ourselves as “TAK Hub”.

1.2 These General Terms and Conditions apply to the consulting, development, setup, operation, maintenance and training services agreed in connection with TAK/ATAK systems and to the supply of hardware, accessories and software, provided they are validly incorporated into the respective contract. They apply to consumers, traders, legal entities under public law and special funds under public law. In these Terms, business customers means traders, legal entities under public law and special funds under public law. Provisions expressly applicable to business customers do not apply to consumers.

1.3 A consumer is a natural person acting predominantly for purposes outside their trade, business or independent profession. A trader acts, when entering into the contract, in the exercise of their trade, business or independent profession. A private order does not become a business customer order merely because an organization is named.

1.4 Individual agreements take precedence, followed by the special contractual terms, specifications and service level agreements agreed for the order, and then these Terms. For public contracts, the order of precedence is determined by the procurement and contract documents. EVB-IT, VOL/B or other terms do not apply automatically, but only if validly incorporated. Conflicts are clarified before the award or conclusion of the contract; a subsequent reference to these Terms does not amend the agreed procurement conditions.

1.5 In dealings with business customers, we reject conflicting purchasing terms. Their application requires our consent; merely performing the services or acknowledging those terms is insufficient. Individual agreements taking precedence remain unaffected.

1.6 These General Terms and Conditions do not result in the transfer of existing contracts from other legal entities to TAK Hub.

2. Offer, conclusion of contract and contract documents

2.1 Website content and non-binding price examples are an invitation to make an inquiry, not a binding contractual offer. Website forms are used to establish contact, not to place paid orders. There is no paid project assignment for requesting free information materials and registering for the newsletter.

2.2 Once your needs have been clarified, you will receive an offer with the scope of services, remuneration and, if necessary, attachments. An offer designated as binding can be accepted within the period specified therein. If there is no deadline, the statutory acceptance deadlines apply. Offers described as non-binding only result in a contract through our order confirmation.

2.3 Acceptance may be declared in text form, particularly by email. Mere acknowledgment of receipt of your inquiry does not constitute acceptance of an order. Additional services are payable only if commissioned accordingly. For consumers, a requested start of performance replaces neither statutory information nor the necessary declarations concerning the right of withdrawal.

2.4 We provide the offer, the incorporated Terms and the relevant annexes in a form you can save. The governing contractual language is specified in the offer; otherwise it is German. Translations for information do not alter the agreed content. Mandatory information and transparency duties toward foreign consumers remain unaffected.

3. Scope of services and classification of services

3.1 We owe the agreed services and characteristics, including any expressly agreed operating environment and safety-related requirements. General advertising statements do not replace a technical specification; their statutory significance for conformity with the contract, particularly toward consumers, remains unaffected.

3.2 For consulting, ongoing administration, support and training, we owe professional performance of the agreed activity, rather than a particular economic, learning or operational outcome. If a result subject to acceptance is agreed, such as a working plugin or a defined server installation, that part of the services is governed by the law on contracts for work. Hardware supplies are governed by sales law. Consumer contracts for digital products or goods with digital elements are subject to the special statutory provisions applicable to them.

3.3 The offer determines in particular components, supported versions and interfaces, operating conditions, delivery items, documentation, acceptance criteria, responsibilities and any third-party costs. You will only bear costs for hosting, mobile communications, satellite communication, maps or third-party subscriptions if they are allocated to you in the offer and quantified or can be determined based on comprehensible criteria. We do not charge any monthly license or user seat fees for simply using the open source TAK software provided. Agreed operating, maintenance and infrastructure fees remain unaffected.

3.4 We do not sell military ATAK versions. Any access to this must be obtained from authorized bodies via the official channels provided for this purpose. Our services do not confer any official approval, military clearance or authorization to handle classified information.

4. Project participation, changes and deadlines

4.1 You name a contact person and provide the agreed information, permitted access, test environments, interface documents and necessary decisions in a timely manner. Access to productive systems is limited to what is necessary. Synthetic or anonymized data should primarily be used for tests. Personal or confidential real data requires previously agreed protective measures.

4.2 Changes to the scope of services will be agreed in a comprehensible change procedure. We describe the impact on compensation, scheduling, security and operations. Until agreement is reached, the previous scope generally applies; Mandatory protective measures remain possible. Silence does not constitute consent to additional costs or a reduction in services.

4.3 We may adapt technical details without additional compensation if there is an objective technical or legal reason, the agreed function, safety and quality are maintained and the change is reasonable for you. We cannot unilaterally change key performance features and prices. In the case of digital consumer contracts, changes are also based on the legal requirements, in particular Section 327r BGB.

4.4 Delivery and project dates are specified in the offer. If performance is delayed by a failure to cooperate for which you are responsible, affected deadlines are extended by the demonstrated delay, including a reasonable restart period. We inform you of the cause and effects. Additional claims for remuneration or compensation arise only by agreement or where the statutory conditions are met.

4.5 In the event of events that are beyond our responsibility and cannot be avoided even through appropriate precautions, we will inform you immediately and limit the effects. An ordinary staff shortage, a controllable security incident or any failure of a subcontractor does not constitute force majeure for that reason alone. Statutory rights of withdrawal, termination, reduction and reimbursement remain intact; Services that have already been paid in advance but are not finally provided will be reimbursed.

5. Remuneration and payment

5.1 The agreed prices are decisive. Prices may be quoted to business customers plus statutory sales tax. Before concluding the contract, we provide consumers with the total price including sales tax and all additional costs or the basis for their calculation.

5.2 Where remuneration is based on time spent, the hourly rates and billing units stated in the offer apply. We document the activities and time spent in a verifiable manner. A budget is a binding maximum price only if expressly identified as such. If a substantial overrun of an estimate becomes apparent, we inform you in good time and agree on how to proceed.

5.3 We charge travel expenses, accommodation, travel time and necessary third-party expenses only to the extent agreed. General website prices, such as a training day rate, do not replace the specific price agreement. Advance payments and milestone payments require agreement; statutory limits on payments on account remain unaffected.

5.4 Invoices are due within 14 days of receipt, unless another date has been agreed and the legally or contractually required service or acceptance has taken place. Payments are made in the agreed manner. Recurring debits or SEPA direct debits require a corresponding agreement or mandate.

5.5 Default and its consequences are governed by law. For payment claims involving no consumer, statutory default interest is nine percentage points above the base rate; where a consumer is involved, it is five percentage points. We do not demand the statutory EUR 40 default payment from consumers and credit it in accordance with the statutory rules.

5.6 You may set off undisputed claims, claims established by a final judgment and counterclaims arising from the same contractual relationship. Statutory rights to refuse performance and rights of retention remain unaffected.

6. Server setup, handover and ongoing operation

6.1 Handover model: We set up the agreed infrastructure on your systems or with the agreed German hosting provider and hand it over including the commissioned administrator training. The handover includes the agreed documentation, configurations, administration access and the recorded version and security status. Secrets are transmitted via an appropriate secure route. An agreed acceptance must be distinguished from the mere technical handover.

6.2 After handover, you will be responsible for the ongoing operational tasks assigned to you in the contract, in particular authorization management, monitoring, updating and data backup. This does not exclude our responsibility for existing defects and breaches of duty as well as legal update obligations. We do not assume any tacit permanent administration simply because we have set up the system.

6.3 Operating model through TAK Hub: Ongoing operation, monitoring, user management, data backup and updates are only owed to the agreed extent. The service level agreement specifies supported systems, operational and support hours, reporting channels, priorities, response times, maintenance windows, availability and its measurement, recovery targets, and backup and recovery testing. A response time is not a guaranteed resolution time. Continuous on-call availability or one hundred percent availability is not guaranteed by the term “monitoring” alone. The quality of service required by law remains unaffected.

6.4 We may temporarily limit access or affected functions to the extent that this is necessary and proportionate to avert a specific, significant security threat, unlawful use or due to a binding official order. We will inform you in advance, as far as legally and actually possible, otherwise immediately afterwards, and restore the service after the reason no longer applies. A block due to late payment requires the legal requirements; Justified objections to the claim and the effects on safety-critical processes are taken into account.

6.5 At the end of operations, we support the orderly handover of your data, agreed configurations and access credentials. The operating order specifies the format, scope, contact person and handover date. Paid perpetual rights of use do not end when maintenance ends. We may not withhold customer data solely on account of a disputed remuneration claim insofar as this conflicts with a statutory right to surrender or switching.

6.6 Insofar as the operation is subject to Regulation (EU) 2023/2854 (Data Act) as a data processing service, its mandatory switching rights apply. You may request switching to another provider or to your own IT infrastructure, or deletion. The notice period is at most two months; the subsequent transitional period is generally at most 30 calendar days. If a transitional period of 30 calendar days is technically unfeasible, we notify you within 14 working days of the switching request, explain the technical obstacles and specify an alternative transitional period of no more than seven months in total. Your statutory right to extend the transitional period once remains unaffected. After the transitional period, a data retrieval period of at least 30 calendar days is available.

We support safe transition and operational continuity. We also provide appropriate support to third parties authorized by you, support your exit strategy and provide information about known continuity risks. The service contract remains applicable during the transition phase. If the change is successfully completed, it ends for the affected services; If you want deletion instead of a change, it ends when the notice period expires. We will notify you of termination. After successful switching and expiry of the retrieval period, we will delete the affected exportable data and digital assets, subject to legal retention requirements.

The contractual annex exhaustively specifies the categories of exportable data and digital assets, the formats and the permissible exceptions protecting our trade secrets. Exceptions for internal service data must not hinder or delay switching. Before conclusion of the contract, you receive the available switching procedures, methods, formats and known technical limitations, together with a reference to our current online directory of exportable data structures and formats. The operating contract also identifies the website containing the current information required by Article 28 of the Regulation on the jurisdictions applicable to our infrastructure and the safeguards against unlawful international government access.

Switching charges agreed up to and including January 11, 2027 must not exceed the costs directly attributable to switching; from January 12, 2027, we charge no switching fees within the statutory scope. Statutory exceptions for certain customized services are applied only where their requirements are demonstrated and prior information has been provided. Further statutory rights remain unaffected.

7. Development, integration and update service

7.1 For plugin and integration projects, the functions, ATAK/Android versions, devices, interfaces, required manufacturer approvals and test cases are agreed. Taking over an existing plugin includes review and work within the commissioned scope; it does not automatically mean assuming responsibility for every earlier stage of development.

7.2 An update service for new ATAK versions requires a separate agreement specifying the supported version branches, scope of testing and adaptation, reporting channels, dates and remuneration based on time spent. An assumed release cycle of about three months is no assurance regarding third-party releases. Without a corresponding agreement, a third-party release does not create a duty to support every new version immediately. We may not refuse expressly promised compatibility or mandatory update obligations merely by referring to third-party software.

7.3 Changes to interfaces or third-party software occurring after the agreed reference version may require an additional adaptation order. Before charging for additional work, we clarify whether it constitutes defect correction already owed, agreed maintenance or a genuine extension. Updates are supplied or installed with the agreed tests, backup and rollback measures.

8. Acceptance and rights in respect of defects

8.1 For services under a contract for work, we make the completed result available for the agreed inspection. You inspect it against the agreed criteria and declare acceptance or identify existing defects. Minor defects do not prevent acceptance; we remain obliged to remedy them. Statutory deemed acceptance requires a reasonable deadline and all other statutory conditions, including, for consumers, a separate notice in text form. Under these Terms, mere payment or necessary emergency use does not constitute acceptance. Services under a contract for services are not subject to acceptance.

8.2 Statutory rights in respect of defects apply. For sales contracts, the choice between repair and replacement is governed by law; for contracts for work, the form of cure is governed by the law on contracts for work. We bear the necessary costs of cure in accordance with the statutory rules. Subject to the statutory conditions, remedies include price reduction, withdrawal or termination, self-remedy for work, and damages. Pure service contracts are subject to the statutory rules on breaches of duty, rather than a fictitious warranty for work.

8.3 For business customers only: The limitation period for material defects and defects in title in supplied movable goods and development or setup work subject to acceptance is one year from the statutory commencement date. This reduction does not apply to fraudulent concealment, an assumed guarantee, intent or gross negligence, injury to life, body or health, claims under the Product Liability Act, statutory cases concerning buildings, cases under Section 438(1), no. 1 BGB, or mandatory rights of recourse. It does not apply to ongoing provision and maintenance obligations. Otherwise, the statutory limitation periods apply. Statutory limitation periods for defects are not shortened for consumers.

8.4 The commercial obligation to inspect and give notice of complaints in accordance with Section 377 of the German Commercial Code (HGB) only applies if the legal requirements are met, and not solely because of an order by an authority or a consumer. Other customers should report defects as quickly and comprehensibly as possible so that they can be processed quickly; This does not result in an additional exclusion period.

8.5 For consumer contracts for digital products and goods with digital elements, we provide the updates required by law, particularly security updates, and inform you about them throughout the relevant period. There is no blanket limitation to community updates or to the term of an optional maintenance contract. Departures from objective requirements and reductions in update obligations cannot be agreed through a general reference in these Terms.

8.6 For consumer sales of goods, before providing cure we inform you of your statutory right of choice and, where repair is chosen, of the one-time twelve-month extension of the original limitation period for defects, insofar as the law applicable to the contract provides for it. Statutory rights to advance payments, reasonable periods for cure and special limitation rules remain unaffected. The relevant transitional provisions must be observed for sales contracts concluded before July 31, 2026.

9. Hardware, shipping and retention of title

9.1 Device types, condition, operating systems, radio modules and the configuration of the case-based solution are specified for each project. Preinstalled software, such as ATAK, GrapheneOS or LineageOS, is described with the supported device and software versions. Limitations, for example concerning updates, bootloaders, mobile communications, apps or manufacturer support, are specifically disclosed before the contract is concluded; mandatory quality and information duties remain in force.

9.2 A manufacturer’s guarantee is an additional service provided by the respective guarantor in accordance with its terms and conditions. It does not replace or limit any legal claims against TAK Hub. We neither claim a general loss of any warranty through alternative operating systems nor an unrestricted warranty preservation.

9.3 Delivery is made to the agreed address. Reasonable partial deliveries are permitted if they can be used independently, the remaining delivery is assured and you incur no additional costs that have not been agreed. For consumers, the shipping risk generally passes only when the goods are handed over to you or your designated recipient. The statutory exception for a carrier independently engaged by you and not proposed by us remains unaffected. For business customers, transfer of risk in sales involving shipment is governed by Section 447 BGB unless other delivery terms are agreed. This does not bring forward any installation or acceptance owed by us.

9.4 Supplied goods remain our property until their respective purchase price has been paid in full. Retention of title does not authorize repossession without legal authority. Repossession measures are subject to the statutory conditions.

9.5 Radio, drone, satellite and energy systems may only be used within the scope of the approval, frequency, flight and safety regulations applicable at the location of use. This does not shift our delivery obligations, including required product conformity, to you.

10. Training, workshops and train-the-trainer

10.1 Content, duration, location, language, technical requirements, number of participants and remuneration are included in the offer. The participant upper limit mentioned serves to ensure training quality. Additional participants require coordination; There are no automatic additional fees without an agreement. For instructor courses, the examination standards, scope and duration of any teaching authorizations are expressly specified.

10.2 Certificates of participation confirm participation, examination certificates confirm the result verified according to the agreed standard. They do not constitute government recognition, official approval for use or official manufacturer certification unless such an agreement has been expressly and verifiably agreed. Success in training or passing an exam is not guaranteed.

10.3 A suitably qualified substitute may attend with TAK Hub’s consent; consent will not be withheld without objective grounds. Rescheduling is agreed subject to availability. If the customer cancels, claims for remuneration and compensation are governed by the applicable contract type and the law; saved expenses and other earnings that must be credited are taken into account. Statutory rights of withdrawal remain unaffected.

10.4 If we cannot hold an appointment for reasons for which we are responsible, we will offer a reasonable alternative. You don’t have to accept these; Amounts paid for the service not provided will then be refunded. Further legal claims remain in accordance with Section 12. A replacement of the trainer is permitted if the qualifications are equivalent, unless a specific person has been bindingly agreed.

11. Rights of use, source code and open source

11.1 Third-party software, pre-existing proprietary modules, project-specific developments and training documents are legally treated separately. An order does not automatically provide exclusive rights to all components used. We may only grant you rights that we have.

11.2 Unless otherwise agreed, after full payment of the corresponding remuneration you receive a non-exclusive right, unlimited in time and territory, to use bespoke software specifically developed and remunerated for you for the agreed project purpose. This includes the necessary reproduction, backup, error correction, adaptation and maintenance by your own employees or service providers bound by confidentiality. Until then, we permit the agreed testing and acceptance inspection. Rights in results already paid for do not depend on payment of other unrelated claims.

11.3 Marketing or sublicensing as your own manufacturer product, integration into devices sold to third parties, use by affiliated companies, exclusivity and delivery of source code together with the build environment are agreed separately and specifically in the development offer. In an order recognizably concerning manufacturing or integration, such rights must not be tacitly presumed settled. Without a specific source code agreement, we owe the agreed executable deliverables and the documentation necessary for their intended use. Mandatory statutory and open-source rights remain unaffected.

11.4 We may continue to use generally applicable methods, tools and non-customer-specific modules without disclosing your confidential information or protected project-specific content. Customer-owned materials remain assigned to you; You grant us the rights necessary for the order.

11.5 For open-source components, the respective license terms take precedence regarding the rights granted by their rights holders. The specific version, license texts, notices and any source code owed or an effective source code offer are supplied for each project. Not every TAK version and plugin is automatically available under the same license. Open source does not generally preclude distribution for a fee. These Terms neither restrict permitted distribution and modification rights nor promise rights to military or other access-restricted versions.

11.6 Licensing liability notices from the original open source authors do not eliminate our own contractual obligations for contracted delivery, integration, development or maintenance. Legal rights to backup, observation, examination and decompiling are not unduly excluded.

11.7 Booked participants may use training materials for their own purposes or agreed internal organizational purposes and make the copies necessary for those purposes. Public distribution, recordings or independent commercial exploitation require appropriate authorization. For train-the-trainer assignments, the offer governs internal teaching use, participant copies and any use of distinctive signs; statutory rights of use remain unaffected.

12. Safety-critical use and liability

12.1 TAK/ATAK solutions support situational awareness, communication and collaboration. Technical and organizational suitability for the specific deployment, including availability, data quality, failure scenarios and operation, must be assessed against the agreed requirements before production use in a safety-critical setting. You determine operational command and authorization within your area of responsibility; we perform the testing, information and security tasks we have assumed.

12.2 Unless TAK Hub has expressly assumed such a function, the systems do not replace independent emergency communication or prescribed command, rescue or protection procedures. Required redundancies and fallback levels are assigned in the security concept.

12.3 Our liability is unlimited in cases of intent and gross negligence, culpable injury to life, body or health, fraud, to the extent of any guarantee assumed, and under mandatory statutory liability provisions, particularly the Product Liability Act. Non-waivable claims of data subjects under the GDPR remain unaffected.

12.4 In the event of a slightly negligent breach of essential contractual obligations, we are liable for the damage typical for the contract that was foreseeable at the time the contract was concluded. Essential obligations are those whose fulfillment makes the proper execution of the contract possible and on whose compliance you can regularly rely. When it comes to foreseeability, the safety-critical purpose communicated and agreed to and the identifiable potential for damage must be taken into account in particular. Furthermore, liability for slight negligence is excluded. Section 12.3 remains unaffected at all times.

12.5 These rules also apply to legal representatives and persons engaged to perform contractual obligations. In the event of data loss, the agreed allocation of backup responsibility, contributory negligence that actually caused the loss and the statutory duty to mitigate damage must be taken into account. A failure to back up data does not release us from our own backup obligations.

13. Data protection, confidentiality and references

13.1 Information on the processing of contact, contract and billing data can be found in our data protection declaration. It is not a blanket consent to advertising or processing operational data.

13.2 If we process personal data on behalf of the customer, a necessary agreement in accordance with Article 28 of the GDPR, including technical and organizational measures, will be concluded beforehand. Responsibilities, data locations, subcontractors, access, deletion, security incidents and support obligations must be specifically regulated therein. Commissioning a project alone does not replace this agreement. The relevant additional requirements apply to official data or data regulated by special laws.

13.3 Both parties keep the other party’s information confidential where marked as confidential or evidently confidential and use it only for the contractual purpose. Access is restricted to persons bound by confidentiality and only as necessary. Exceptions apply to information demonstrably already lawfully known, made public without a breach of duty or independently developed, and to disclosures required by law. The other party is informed before a mandatory disclosure insofar as permitted. Trade secrets remain protected for as long as they retain that status; other confidential information remains protected for five years after the contract ends, and personal data in accordance with the applicable rules.

13.4 The customer’s name, logo, project description, photographs or connection with operational deployments are published as a reference only on the basis of prior, specific approval. Awarding an order does not authorize reference use. Classified-information protection, personality rights and special official approvals must continue to be observed.

14. Duration of the contract, termination and changes to the conditions

14.1 Project contracts end with complete fulfillment, provided there are no further obligations. The term and termination of ongoing operating and maintenance contracts are specified in the offer. Without an agreed term, both parties can terminate such an indefinite contract with one month’s notice. An automatic extension for a new fixed term is not agreed upon by these General Terms and Conditions.

14.2 Statutory rights to terminate a contract for work for convenience and to terminate for good cause remain unaffected. Termination of a contract for work for convenience is subject, in particular, to the statutory crediting of saved expenses and other earnings. A refund for services already properly performed is due only where provided for by law or agreement.

14.3 Notices of termination and other declarations may be made in text form, particularly by email, unless a stricter statutory form is mandatory. This does not replace an electronic termination or withdrawal function required by law.

14.4 New general terms and conditions only apply to contracts in which they are effectively incorporated. Existing contracts will not be changed by website changes or failure to respond to notice. Changes to the contract require an agreement unless there is a concrete, effective right to change. Individual agreements, including verbal agreements, continue to have priority.

15. Special information for consumers

15.1 Distance contracts and contracts concluded off business premises carry a right of withdrawal where the statutory conditions are met. Before the contract is concluded, you receive the withdrawal instructions appropriate to the specific service and the model withdrawal form on a durable medium. This general notice does not replace those documents.

15.2 Digital supply does not automatically exclude the right of withdrawal. For paid digital content, that right expires early only where the statutory conditions are met, particularly express consent to early performance, acknowledgment of the loss of the right and proper contract confirmation. For paid services, early expiry generally occurs only after full performance and the required declarations. General acceptance of these Terms is insufficient. Any claim for payment for services started early is subject to the statutory conditions.

15.3 For goods made to customer specifications, a statutory exclusion is possible only if the specific conditions of Section 312g(2), no. 1 BGB are met. The description “individually configured” alone is insufficient. Nor is vocational training automatically a leisure activity excluded from the right of withdrawal.

15.4 These Terms do not restrict statutory consumer information duties or rights concerning updates, supply, defects and termination. For distance contracts concluded through an online interface, we provide the electronic withdrawal function required by law; a mere inquiry without conclusion of a contract is distinct from this.

15.5 We are not prepared to take part in dispute resolution proceedings before a consumer arbitration board. A mandatory legal obligation to participate in individual cases remains unaffected. Information after an unresolved dispute arises will be provided separately in accordance with legal requirements.

16. Export controls, sanctions and ban on forwarding to Russia and Belarus

16.1 Both parties comply with the applicable foreign trade, export control and sanctions regulations. This also covers software, technology, remote access, technical assistance and, where relevant, brokering services, as well as hardware shipments. A civilian product designation does not replace checks on goods, end use and end users.

16.2 Before providing the service, you will truthfully inform us of the actual recipients, destination and countries of use, end use and known transfer plans and provide the necessary end-use declarations and evidence. Report any changes or specific suspicions of circumvention immediately. Each party fulfills its legal approval and inspection obligations; TAK Hub’s export responsibility is not transferred to the customer across the board.

16.3 Prohibited performance will not be provided. Where specific, well-founded doubts arise, we may temporarily suspend the affected performance for the necessary examination and request information reasonably required to clarify the matter. We inform you of the reason and anticipated duration insofar as permitted. A permanent refusal of authorization or a definitive legal obstacle entitles us to terminate the affected part that cannot be performed, subject to the statutory conditions. Unused advance payments are refunded; statutory claims where the obstacle was culpably caused remain unaffected.

16.4 No onward transfer to Russia: The Customer may not sell, supply, export or re-export, directly or indirectly, into or for use in the Russian Federation any goods and technologies delivered under or in connection with this Agreement that are subject to the material scope of Article 12g of Regulation (EU) No. 833/2014. The parties agree to the same prohibition for other goods, software and technologies delivered under this contract, to the extent that their transfer to Russia is prohibited under the applicable sanctions law.

16.5 No onward transfer to Belarus: The Customer may not sell, deliver, export or re-export, directly or indirectly, into Belarus or for use therein any goods and technologies delivered under or in connection with this Agreement that are subject to the material scope of Article 8g of Regulation (EC) No. 765/2006. The same applies to other goods, software and technologies delivered under this Agreement, the transfer of which to Belarus is prohibited under applicable sanctions law.

16.6 To the extent that Article 12ga of Regulation (EU) No. 833/2014 applies to the specific transaction, the Customer may not use the intellectual property rights or trade secrets sold, licensed or otherwise transferred under this Agreement, or any access or re-use rights granted to such protected materials or information, in connection with any goods listed in Annex XL to this Regulation that are intended, directly or indirectly, for sale, delivery, transfer or export to Russia or intended for use in Russia. The customer contractually obliges possible sublicensees of these rights or trade secrets to the same prohibition. The legally covered rights, information and goods are specifically described in the order; a missing designation does not limit the legal scope of application. Mandatory sanction bans remain unaffected. This does not re-license open source rights; If a delivery cannot simultaneously fulfill the applicable license and sanction obligations, it will not take place.

16.7 The customer makes efforts appropriate to the nature, scope and circumvention risk of the transaction to prevent downstream customers from circumventing paragraphs 16.4 to 16.6. The customer effectively passes on the necessary obligations and maintains appropriate risk-based controls. Concrete indications of a breach must be reported without delay. Upon a substantiated request, the customer provides suitable evidence of compliance within two weeks; statutory confidentiality and data protection are respected without frustrating the provision of evidence.

16.8 A material breach of these prohibitions constitutes a breach of essential contractual obligations. We may immediately suspend affected supplies and services, demand that a breach be prevented or stopped and, subject to the statutory conditions, withdraw from or terminate the contract for good cause. A prior warning or remedial period is not required insofar as it is dispensable by law, particularly where a sanctions violation can no longer be averted. Damages are subject to the statutory conditions and the loss proven.

16.9 TAK Hub fulfills its own risk assessment, control and reporting obligations applicable to the respective business. To the extent that Article 12gb of Regulation (EU) No. 833/2014 or Article 8ga of Regulation (EC) No. 765/2006 is applicable, this includes a documented, up-to-date assessment of onward transfer risks and appropriate strategies, controls and procedures to limit them; Controlled companies covered by law are included. If a third country partner violates an obligation agreed under Article 12g or 12ga or Article 8g, we will inform the responsible authority as soon as we become aware of the violation. If an exception is made for public third-country contracts in accordance with Article 12g paragraph 2a or Article 8g paragraph 3, the required information to the authorities is provided within two weeks of the conclusion of the contract. Legal exceptions to the obligation to agree on a ban on forwarding do not constitute an export license. The specific goods, country, end use and end user check takes place before the respective transaction.

17. Applicable law and final provisions

17.1 German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers with their habitual residence in another country, the mandatory protective regulations of the country of residence applicable under the conflict of law rules remain unaffected.

17.2 The exclusive place of jurisdiction is our registered office if you are a merchant, a legal entity under public law or a special fund under public law and such an agreement is permissible. We may also take legal action at the customer’s general place of jurisdiction. No exclusive place of jurisdiction is agreed upon for consumers; Mandatory international jurisdictions remain unaffected. For other international business customers, an exclusive jurisdiction agreement requires the separate agreement permissible in the specific relationship.

17.3 If a provision is not part of the contract or is invalid, the statutory legal consequences apply, in particular Section 306 BGB.

17.4 Contact for contractual matters: TAKHUB GmbH, Dierath 66, 51399 Burscheid, info@takhub.de, +49 152 07871130.