Terms of Service

Last updated: 10 July 2024

The following terms of service (these “Terms of Service”), govern your access to and use of the Trade Integrity Project’s Website, including any Services offered on or through www.trade-integrity.org (collectively, the “Website”). The Website is operated by the Open-Source Centre Limited, Company number 15670158 of registered office address: 167-169 Great Portland Street, London, England, W1W 5PF, referred to in these Terms of Service as “TIP”, “we”, “us” and “you” or “User” means you as a User of the Website.

Please read the Terms of Service carefully before you use the Website. If you do not agree to these Terms of Service or our policies, you must not access or use the Website.

By using the Website in any manner, including opening an account, signing up to our newsletter, or by clicking accept or agree to the Terms of Service when this option is made available to you, you accept and agree on behalf of yourself (or on behalf of your employer, company or any other entity, if applicable), to be bound by these Terms of Service and other related policies in its entirety. You further acknowledge, you have read and understood our Privacy Policy.

1. Interpretation

The following definitions and rules of interpretation apply in these Terms of Service.

1.1 Definitions

Applicable Legislation: all applicable laws, statutes, regulations and codes from time to time in force.

CHPI: means Common High Priority Items, which is a non-exhaustive list composed of Western items critical to Russian weapons systems and its military development. The list is living and includes items that are essential for the manufacturing and testing of the electronic components and circuits retrieved from the battlefield, which will be updated when required. The list is divided into four Tiers, with tiers one and two containing particularly sensitive items - integrated circuits of the highest concern for Russian weapons systems, and additional electronic components:

  1. Tier 1: Integrated circuits (also referred to as microelectronics).
  2. Tier 2: Electronics components including communications modules and passive electronic components.
  3. Tier 3A: Further electronic components used in Russian weapons systems, with a broader range of suppliers.
  4. Tier 3B: Mechanical and other components utilised in Russian weapons systems.
  5. Tier 4A: Manufacturing, production and quality testing equipment of electric components, circuit boards and modules.
  6. Tier 4B: Computer Numerically Controlled (CNC) machine tools and components.

Export Control Legislation: means all applicable laws restricting and/or regulating:

  1. the inter-jurisdictional import, export, supply, disclosure, transfer or transmission of goods, services, software, technology, technical know-how, data and/or information; and/or
  2. the import, export, supply, disclosure, transfer or transmission of goods, services, software, technology, technical know-how, data and/or information to designated entities or persons, or to designated classes of entities or persons

Intellectual Property Rights: patents, utility models, rights to inventions, copyright and neighbouring and related rights, moral rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

Services: means the provision of information, Sub-Analysis services and data through our Website or any social media pages that we control, including HTML-formatted email messages, communications, and downloadable content and data through the Website.

Service Content: has meaning given in clause 7.3.

Sub-Analysis: means the secondary use and/or analysis of existing data.

Third-Party Content: has meaning given in clause 3.1.

User: means any user of the Website or the Services.

Website: means the TIP Website and including other Services that support, operate and comprise TIP’s platform.

1.2 Clause, Schedule and paragraph headings shall not affect the interpretation of this agreement.

1.3 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).

1.4 A reference to a company shall include any company, corporation or other body corporate, wherever and however incorporated or established.

1.5 Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.

1.6 Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.

1.7 This agreement shall be binding on, and enure to the benefit of, the parties to this agreement and their respective personal representatives, successors and permitted assigns, and references to any party shall include that party's personal representatives, successors and permitted assigns.

1.8 Unless expressly provided otherwise in this agreement, a reference to legislation or a legislative provision is a reference to it as amended, extended or re-enacted from time to time.

1.9 Unless expressly provided otherwise in this agreement, a reference to legislation or a legislative provision shall include all subordinate legislation made from time to time under that legislation or legislative provision.

1.10 A reference to writing or written includes email.

1.11 Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.

1.12 Any obligation on a party not to do something includes an obligation not to allow that thing to be done.

1.13 A reference to this agreement or to any other agreement or document referred to in this agreement is a reference of this agreement or such other agreement or document, in each case as varied from time to time.

1.14 References to clauses and Schedules are to the clauses and Schedules of this agreement and references to paragraphs are to paragraphs of the relevant Schedule.

1.15 Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.

2. Background

2.1 TIP is committed to promoting transparency and accountability in global trade. By utilising public, whistleblower and trade data (from the year 2023), we reveal ways in which CHPI continue to reach Russia, providing crucial insights to help companies screen their clients and prevent their goods from being diverted to the Russian military-industrial complex.

2.2 Understanding and monitoring the flow of high-risk goods is vital for upholding international law and ensuring that Western technology, goods and services are not used to further Russia’s aggressive aims in Ukraine.

2.3 Data is derived from open-source information and may contain errors, inconsistencies, and blank fields as found in the original data. Such errors have been minimally processed to retain as much of the original data as practically possible.

3. Use of the Website

3.1 Certain portions of the Service may require the use of third-party software and content (“Third Party Content”), which are subject to additional terms and conditions imposed by the third-party intellectual property owners of such Third-Party Content. You acknowledge and agree that prior to using any Third-Party Content, you shall agree to all terms and conditions required for such Third-Party Content and shall further comply with such terms and conditions in connection with your use of the Third-Party Content.

3.2 You may use the Website and our Services only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Services:

  1. in any way that violates any Applicable Law or regulation in force from time to time, including Export Control Legislation;
  2. for the purpose of exploiting, harming, or attempting to exploit or harm minors or any other person in any way by exposing them to inappropriate content, asking for personally identifiable data, or otherwise;
  3. to transmit, or procure the transmission of, any advertising or promotional material except as expressly permitted on the Website;
  4. to impersonate or attempt to impersonate an employee of TIP, another user, or any other person or entity;

  5. to send, knowingly receive, upload, download, use, or re- use any material that

    1. is libelous, abusive, offensive, harassing, violent, inflammatory, threatening, defamatory, obscene, indecent, sexually explicit, pornographic, or otherwise objectionable;
    2. promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, age; or
    3. publishes, contains, broadcasts or promotes materials that could give rise to any civil or criminal liability under law.
  6. to infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;
  7. to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by TIP, may harm TIP or users of the Services, expose them to liability, or threaten the security of their personally identifiable information; or
  8. to provide services, information, materials, resources or advice, including legal advice to any third person, directly or indirectly; or
  9. attempt to interfere with the proper working of the Services.

3.3 TIP may from time to time provide its Users with a Sub-Analysis of the open-source information.

  1. The Terms of Service shall apply to that Sub-Analysis provided;
  2. That information contained within the Sub-Analysis shall not be construed as an opinion, recommendation or advice about any individual or entity named within the information.
  3. TIP reserves the absolute right to decline a request by the User for Sub-Analysis, if it is in TIP’s opinion necessary to do so for TIP’s legal or regulatory compliance or internal policy reasons. In such event, TIP shall notify the User as soon as reasonably possible of the decision to decline the request.

3.4 Our Services are not designed for, or intentionally targeted at, children 13 years of age or younger. We do not intentionally collect or maintain data about anyone under the age of 13.

3.5 TIP may at any time revoke any Users right to use the Website.

4. Reliance on information

4.1 The content on our Website is compiled of open-source information for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Website.

4.2 Information provided by TIP may be provided in summary form and should be read and used by the User in context of its own due diligence of the full details available in the underlying sources including any Sub-Analysis provided by TIP.

4.3 Although we make reasonable efforts to update the information, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up to date.

5. Disclaimers

5.1 Your use of the Website is at your own risk. The Website is provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. TIP makes no warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of verifiable content on the Website.

5.2 Users accept that by using or the accessing the Website, Services, and Service Content displayed by TIP on the Website:

  1. The Terms of Service shall apply to that Sub-Analysis provided;
  2. The Website cannot be an exhaustive source of information and you agree to make your own assessment of the relevance and applicability of the content displayed on the Website;
  3. We aim to make the Website available to you on a 24/7 basis however, we reserve the right to suspend or take the Website offline.
  4. TIP gives no warranty that the Website or Services will be wholly free from defects, errors and bugs, including any warranty that the Website will be uninterrupted for error-free.
  5. Access to and use of the Website is entirely at the Users own risk. In no event shall TIP be liable for any damage whatsoever arising out of the use of or inability to use the Website.
  6. TIP does not recommend that any transaction should be undertaken by you. You acknowledge and agree that TIP will not be held responsible for the decisions you make arising from your use of the Services.

5.3 For the avoidance of doubt, neither the Website, our Services nor TIP provides to you, investment, tax, or legal advice, and you are solely responsible for determining whether any investment, investment strategy or related transaction is appropriate for you based on your personal investment objectives, financial circumstances and risk tolerance. The information provided the Website or our Services (including through any tools mentioned or any linked third-party sites) does not constitute investment advice, financial advice, trading advice, or any other form of advice, and you should not treat any of Service’s Content as such.

6. Account or User Details

6.1 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

6.2 We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of service.

6.2 If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at [email protected].

7. Intellectual Property

7.1 Unless expressly agreed otherwise, you may not copy, reproduce, modify, adapt, disassemble, reverse engineer, decompile, distribute, sell, resell, lease, licence, perform, display, transfer, transmit, stream, broadcast, create derivative works, translate, circumvent any anti-piracy technology or features that enforce limitations on use of, otherwise alter or attempt to discover the source code, object code, or other portion of, or otherwise use or exploit the Services. You may not remove any copyright, trademark, or other intellectual property or other proprietary notices from any portion of the Services.

7.2 To the extent that you give TIP any feedback, comments, or suggestions concerning the Services provided by TIP (the “Feedback”), you grant to TIP a worldwide, perpetual, non-exclusive, irrevocable, royalty-free, fully paid licence to use and exploit the Feedback without payment, attribution, or restriction.

7.3 We are the owner or the licensee of all Intellectual Property Rights in or on the Website, including all of their content, features, and functionality-including any information, software code, text, displays, images, video and audio, and the design, selection and arrangement of such material, and any documents, resources, recommendations, guidance, forms, policies, or other materials provided or generated through the Services (“Service Content”). In using the Website and Service Content, you mustn't:

  1. copy, reproduce, modify, adapt, disassemble, reverse engineer, decompile, distribute, sell, resell, lease, licence, perform, display, transfer, transmit, stream, broadcast, create derivative works, translate, circumvent any anti-piracy technology or features that enforce limitations on use of, otherwise alter or attempt to discover the source code, object code, or other portion of, or otherwise use or exploit the Services.
  2. unless permitted in these Terms of Service;
  3. Attempt to de-compile, reverse compile, disassemble, reverse engineer or otherwise reduce to source code, algorithms or human-perceivable form all or any part of the Website;
  4. Use any robot, spider, crawlers or other automatic device, process, software or queries that intercepts, mines, scrapes or otherwise accesses the Website to monitor, extract, copy or collect information or data from or through the Website, or engage in any manual process to do the same;
  5. Remove any copyright, trademark or any other proprietary notices;
  6. Access all or any part of the Website to build a product or service which competes with it; or
  7. Use the Website to provide services to third parties.

7.4 You may print off one copy, and may download extracts, of any page(s) from the Website for your personal use and you may draw the attention of others within your organisation to content posted on the Website.

7.5 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

7.6 Our status (and that of any identified contributors) as the authors of content on the Website must always be acknowledged (except where the content is user-generated).

7.7 You must not use any part of the Service Content or the Website for commercial purposes without obtaining a licence to do so from us or our licensors.

7.8 If you print off, copy, download, share or repost any part of the Website in breach of these Terms of Service, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made (except that you are permitted to print off a copy of these terms of service).

7.9 You may not remove any copyright, trademark, or other intellectual property or other proprietary notices from any portion of the Services.

7.10 We reserve the right to update and change the Website from time to time.

8. Suspension

8.1 Our Website is made available free of charge.

8.2 We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the Website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

9. Linking to our Website

9.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

9.2 You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

9.3 You must not establish a link to the Website in any site that is not owned by you.

9.4 Our Website must not be framed on any other site, nor may you create a link to any part of the Website other than the home page.

9.5 We reserve the right to withdraw linking permission without notice.

10. Third-Party Links

10.1 The Website may contain links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the content of those sites or resources and make no warranties to you about the content of the Third-Party links and sites.

10.2 Where TIP has provided a link to a Third-Party site, it does not constitute an endorsement, recommendation, authorisation, sponsorship, or affiliation by TIP with respect to the third-party, its owners, or its providers. TIP has not tested any information, software, or products found on any of the third-party site and does not make any representations, including any representations regarding the content or sponsors of the third-party sites, or the suitability or appropriateness of the products or transactions described in it.

11. Viruses

11.1 We do not guarantee that the Website will be secure or free from bugs or viruses.

11.2 You are responsible for configuring your information technology, computer programs and platform to access the Website. You should use your own virus protection software.

11.3 You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful, or otherwise harmfully interacting with the Website or any part of it.

11.4 You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website or any other equipment or network connected with the Website.

11.5 You must not interfere with, damage or disrupt any software used in the provision of the Website or any equipment or network or software owned or used by any third party on which this site relies in any way.

11.6 You must not attack the Website via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990.

11.7 We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.

12. Data Protection

In your use of the Website, we may collect data including personal data. For information about how we process personal data relating to suppliers is set out in our data protection policy. This also describes your data protection rights including rights to object to certain types of processing activity.

13. Limitation of Liability

13.1 When we talk about liability in this clause 13, we mean every kind of liability arising under or in connection with this agreement including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.

13.2 Nothing in this agreement limits any liability which cannot legally be limited, including but not limited to liability for:

  1. death or personal injury caused by negligence; and
  2. fraud or fraudulent misrepresentation.

13.3 In no event will TIP be liable for damages of any kind, arising out of or in connection with your use, or inability to use, the Website, any websites or platforms linked to it, any content on the Website or such other websites or platforms or any Services obtained through the Website or such other website or platforms.

13.4 We only provide the Website for domestic and private use. You agree not to use the Website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

14. Indemnification

You agree to defend, indemnify and hold harmless TIP, its affiliates, licensors and service providers, and its and their respective officers, directors, partners, managers, employees, contractors, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable legal fees) arising out of or relating to your use of the Website, including the use of any results obtained from the Service as well as any violation of these Terms of Service or Applicable Law in connection therewith, infringement of any Intellectual Property Rights or other proprietary rights, or dealings or transactions with other persons resulting from your use of the Website and Services.

15. Accessibility

15.1 TIP is committed to helping those with disabilities access the Service. TIP strives to provide an excellent online experience for all our Users – including those with sight, hearing, and other disabilities.

15.2 If you have difficulty using or accessing any element of the Service or if you have any feedback regarding accessibility of the Service, please feel free to contact us at [email protected].

16. Changes to these Terms of Service

We reserve the right to amend, change or remove content at any time without further notice to you. Every time you wish to use our Website, please check these Terms of Service to ensure you understand the terms that apply at that time.

17. Events Outside Our Reasonable Control

We shall not be in breach of this agreement or otherwise liable for any failure or delay in performing our obligations if such delay or failure results from events, circumstances or causes beyond our reasonable control.

18. Entire Agreement

18.1 This agreement (comprising these terms and the policies referred to in them) constitutes the entire agreement between you and us in relation to our Services.

18.1 Both you and TIP acknowledge that in entering into this agreement neither of us relies on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement. Both you and TIP agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.

19. Waivers

19.1 A waiver of any right or remedy is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy.

19.2 A delay or failure to exercise, or the single or partial exercise of, any right or remedy shall not waive that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy

20. Third Party Rights

20.1 This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.

20.2 Neither you nor we require the consent of any other person to rescind or vary this agreement.

21. Assignment

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

22. Severance

If any provision or part-provision of this agreement is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this agreement.

23. Third Party Rights

23.1 This agreement is drafted in the English language.

23.2 The English language version of these Terms of Service and any notice or other document relating to or referred to in these Terms of Service shall prevail if there is a conflict.

24. No partnership or agency

Nothing in this agreement is intended to, or shall be deemed to, establish any partnership or joint venture between TIP and any User, constitute any User an agent of TIP, or authorise any User to make or enter into any commitments for or on behalf of TIP.

25. Governing law and Jurisdiction

25.1 This agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.

25.2 The courts of England and Wales shall have exclusive jurisdiction over any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation. Nothing in this clause shall limit the right of TIP to take proceedings against any you or any User in any other court of competent jurisdiction, nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdictions, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.