EU Geo-Blocking Regulation Compliance Statement

This compliance statement describes how Tanqory Inc. ("Tanqory", "we", "us") addresses Regulation (EU) 2018/302 of 28 February 2018 on addressing unjustified geo-blocking and other forms of discrimination based on customers' nationality, place of residence, or place of establishment within the internal market (the "Geo-Blocking Regulation"). It is read together with the Tanqory Privacy Policy, the Cookie Policy, the Subscription Policy, and the applicable service terms.

Authoritative sources:

• Regulation (EU) 2018/302: https://eur-lex.europa.eu/eli/reg/2018/302/oj
• Commission Q&A on the Geo-Blocking Regulation: https://commission.europa.eu/strategy-and-policy/policies/single-market/geo-blocking_en
• Your Europe — Geo-blocking: https://europa.eu/youreurope/business/selling-in-eu/selling-goods-services/geo-blocking/index_en.htm

1) Scope and contracting entities

The Geo-Blocking Regulation applies to traders providing goods or services to customers in the European Union, where the customer is a national of a Member State, has their place of residence in a Member State, or has their place of establishment in a Member State. A "trader" is any natural or legal person, whether privately or publicly owned, acting, including through a person acting in the trader's name or on the trader's behalf, for purposes relating to the trader's trade, business, craft, or profession (Article 2). The Regulation applies regardless of whether the trader is established in the EU or in a third country, where the goods or services are offered to customers in the EU.

Within the Tanqory group, the entity contracting with EU customers depends on the service line and the customer profile:

• Tanqory Inc. (Delaware, USA) is the global default contracting party for merchant subscriptions, developer programmes, and platform services.
• Tanqory OÜ (Estonia) is the EU representative under Article 13 of the DSA, Article 25 of the EU AI Act, and Article 27 of the GDPR, and is the operating entity for EU-customer-facing services where so designated in the applicable order form.
• Tanqory Inc. (Delaware) is the contracting party for U.S. and Canadian customers and is not the primary contracting party for EU customers under the Geo-Blocking Regulation.

EU/EEA customers contract with the Tanqory group entity identified in the applicable Order Form or terms; EU-facing operations are supported by Tanqory OÜ (Estonia).

2) In-scope and out-of-scope services

The Geo-Blocking Regulation applies to a defined subset of services. The principal categories are summarised below; the dispositive list is the Annex to the Regulation and the operative provisions of Articles 4 and 6.

• In scope (illustrative): electronically supplied services where the main feature is the provision of access to and use of copyright-protected works or other protected subject matter where the trader has the requisite rights for the relevant territories — but only as to the access to the online interface itself, not as to the substantive content (Article 4(1)(b) and recital 8); services for which the place of supply is the trader's premises or a physical location where the trader is active (Article 4(1)(a)); and other electronically supplied services that are not principally about access to copyright-protected works, such as cloud services, data warehousing services, website hosting, firewall provision, and, importantly for Tanqory, e-commerce platforms and Software-as-a-Service offerings (Article 4(1)(c) and recital 16).
• Out of scope (illustrative): audiovisual services, including services the principal purpose of which is the provision of access to broadcasts of sports events and which are provided on the basis of exclusive territorial licences (recital 8); non-economic services of general interest; transport services covered by sector-specific instruments; healthcare services; certain social services; and gambling activities, in line with Article 1(3) and recital 9. Services consisting in the supply of copyright-protected works or other protected subject matter in a non-tangible form, where the trader does not hold the requisite rights for the relevant territories, are addressed in Article 4(1)(b) and may be supplied subject to territorial licensing.

Tanqory's e-commerce platform, developer tooling, and Software-as-a-Service offerings fall within the in-scope category and are addressed by this compliance statement. Where Tanqory partners distribute copyright-protected content through Tanqory infrastructure, the Regulation does not require Tanqory to make available, in a Member State, content for which the licensing chain does not cover that Member State.

3) Three categories of prohibited discrimination

The Regulation prohibits three categories of discriminatory practices based on the customer's nationality, place of residence, or place of establishment. Tanqory's approach is described after each category.

3.1 Access to online interfaces (Article 3)

Traders must not, through the use of technological measures or otherwise, block or limit a customer's access to the trader's online interface for reasons related to the customer's nationality, place of residence, or place of establishment. Traders must not, for those reasons, redirect customers to a version of the online interface that is different from the online interface to which the customer initially sought access, by virtue of its layout, language used, or other characteristics that make it specific to customers with a particular nationality, place of residence, or place of establishment, unless the customer has explicitly consented to that redirection. Where redirection takes place with the customer's explicit consent, the original version of the online interface must remain easily accessible to that customer.

Tanqory's approach. Tanqory's online interfaces are accessible to customers in the EU and EEA regardless of nationality, place of residence, or place of establishment. Where regional variants of the online interface exist (for example, a localised storefront), customers reaching the interface are not redirected to a different regional variant on the basis of these criteria without their explicit consent; where consent is given, the original version remains accessible. Technical measures that prevent access for reasons unrelated to the prohibited criteria (for example, sanctions screening, fraud prevention, lawful blocking under court order, or service availability decisions made for technical reasons that do not target nationality, residence, or establishment) are not affected by Article 3.

3.2 Access to goods and services — equal general conditions of access (Article 4)

Traders must not apply different general conditions of access to their goods or services for reasons related to a customer's nationality, place of residence, or place of establishment, in the situations set out in Article 4(1). Those situations are, in summary:

• (a) where the trader sells goods and those goods are either delivered to a location in a Member State to which the trader offers delivery in the general conditions of access, or are collected at a location agreed upon between the trader and the customer in a Member State in which the trader offers such an option in the general conditions of access;
• (b) where the trader provides electronically supplied services, other than services the main feature of which is the provision of access to and use of copyright-protected works or other protected subject matter, including the selling of copyright-protected works or protected subject matter in an intangible form; or
• (c) where the trader provides services, other than those falling under (b), and those services are received by the customer in a country in which the trader is also active.

The "general conditions of access" cover, in particular, net sale prices, conditions of payment, and conditions of delivery offered to the general public. Differentiated offers and prices applied to specific groups of customers in a non-discriminatory way on a basis other than nationality, residence, or establishment remain permitted (recital 27).

Tanqory's approach. For in-scope services under Article 4(1)(b) and 4(1)(c), Tanqory offers EU/EEA customers the same general conditions of access (net prices for subscriptions, payment conditions, and electronic delivery terms) as those offered to comparably situated customers in other Member States. Regional pricing differences, where they exist, reflect objective factors such as local taxes (VAT in the Member State of consumption, GST/sales tax where applicable), currency of pricing, and operational costs specific to a market; they are not applied for reasons related to the customer's nationality, place of residence, or place of establishment within the meaning of Article 4. Where the customer chooses a payment currency or a country of taxation, the applicable conditions are disclosed before the customer is bound. For goods that are physically delivered, delivery offers in the order form determine the Member States to which Tanqory or its merchants undertake to deliver; customers from other Member States may organise their own collection or delivery in line with Article 4(2), without the trader being required to extend delivery to those other Member States.

3.3 Non-discrimination for reasons related to payment (Article 5)

Within the range of payment means accepted by the trader, the trader must not, for reasons related to a customer's nationality, place of residence, or place of establishment, the location of the payment account, the place of establishment of the payment service provider, or the place of issue of the payment instrument within the Union, apply different conditions for a payment transaction, where:

• (a) the payment transaction is made through an electronic transaction by credit transfer, direct debit, or a card-based payment instrument within the same payment brand and category;
• (b) authentication requirements are fulfilled pursuant to Directive (EU) 2015/2366 (PSD2); and
• (c) the payment transactions are in a currency that the trader accepts.

The trader may withhold the delivery of goods or the provision of the service until it has received confirmation that the payment transaction has been properly initiated, and may charge fees for the use of a card-based payment instrument for which interchange fees are not regulated, provided that the fees do not exceed the costs borne by the trader for the use of the means of payment, in line with applicable law.

Tanqory's approach. Within each payment brand and category that Tanqory accepts (for example, Visa credit cards, Mastercard credit cards, SEPA direct debit, where offered), Tanqory does not apply different conditions on the basis of the customer's nationality, place of residence, place of establishment, location of the payment account, place of establishment of the payment service provider, or place of issue of the payment instrument within the Union, provided that the strong-customer-authentication and other requirements under PSD2 are met and the transaction is denominated in a currency that Tanqory accepts. Where the customer's payment instrument is from a Member State other than the customer's billing country, Tanqory continues to apply the same conditions within the same payment brand and category, subject to fraud-prevention measures applied uniformly and without discrimination on the prohibited grounds.

4) Compliance approach — operational summary

• Online interface access. EU/EEA visitors reach the Tanqory online interface without being blocked or rerouted on the basis of nationality, residence, or establishment. Where geolocation is used for legitimate purposes (sanctions compliance, fraud prevention, local language defaults), the user retains the ability to access the original version of the interface and is not redirected to a different version without explicit consent.
• Pricing transparency. Pricing pages display the relevant currency, the applicable VAT/GST or sales tax, and any country-specific surcharges before the customer is bound. The general conditions of access (price, payment terms, electronic delivery terms) for the in-scope services do not differ for reasons covered by Article 4.
• Payment method parity. Within each accepted payment brand and category, the same payment conditions apply regardless of the issuing country of the payment instrument within the Union, subject to the conditions in Article 5.
• Customer information. Tanqory does not represent in customer-facing communications that any particular EU/EEA customer is barred from a Tanqory service on grounds prohibited by the Regulation. Where a service is unavailable in a Member State for objective reasons (for example, licensing limitations on third-party content, sanctions, or the absence of physical delivery arrangements for that Member State), the limitation is stated factually and is not framed in terms of the customer's nationality, residence, or establishment.
• Sanctions and fraud-prevention exceptions. Lawful sanctions screening, anti-money-laundering checks, and fraud-prevention measures continue to apply uniformly and are not treated as prohibited discrimination under the Regulation.

5) Relationship with other EU consumer-protection instruments

This compliance statement does not affect:

• Regulation (EU) 2016/679 (GDPR) and the Tanqory Privacy Policy, which govern the processing of personal data, including any data processed in the course of geolocation, payment authentication, or fraud prevention;
• Directive 2011/83/EU on consumer rights, as amended, and the corresponding Tanqory consumer terms applicable to consumers in the EU/EEA;
• Directive (EU) 2019/770 on certain aspects concerning contracts for the supply of digital content and digital services;
• Directive (EU) 2019/771 on certain aspects concerning contracts for the sale of goods;
• Regulation (EU) 2022/2065 (Digital Services Act), addressed in the EU Digital Services Act Regional Annex;
• Regulation (EU) 2022/1925 (Digital Markets Act), where applicable to gatekeepers; and
• Member-State legislation transposing or supplementing the above.

In case of conflict between this statement and another Tanqory document with respect to the matters addressed by Regulation (EU) 2018/302, this statement prevails.

6) National enforcement and customer redress

Each Member State has designated one or more bodies responsible for the enforcement of Regulation (EU) 2018/302 (Article 7) and one or more bodies responsible for providing practical assistance to consumers in the case of a dispute between a consumer and a trader arising from the application of the Regulation (Article 8). Customers in the EU/EEA who consider that the Regulation has not been complied with by Tanqory may:

• (a) contact the Tanqory EU compliance team at eu-compliance@tanqory.com;
• (b) contact the European Consumer Centre in their Member State of residence (https://commission.europa.eu/live-work-travel-eu/consumer-rights-and-complaints/resolve-your-consumer-complaint/european-consumer-centres-network-ecc-net_en); or
• (c) contact the national enforcement body designated under Article 7 of the Regulation in their Member State.

The list of Article 7 enforcement bodies is published by the European Commission and updated by the Member States.

7) Internal governance and review

Tanqory reviews this compliance statement at least annually and following any material change to product offerings, pricing structure, payment methods, or applicable law. The review is conducted by the Tanqory EU compliance function, in coordination with Tanqory OÜ as the EU operating entity. Changes are versioned and the prior version is retained in the change history.

8) Contact

• EU compliance: eu-compliance@tanqory.com
• EU operating entity: Tanqory OÜ, Ahtri tn 12, Kesklinna linnaosa, Harju maakond, 10151 Tallinn, Estonia
• Registered agent (group contracting party): Tanqory Inc., c/o Harvard Business Services, Inc., 16192 Coastal Highway, Lewes, DE 19958, USA

9) Change history