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diff --git a/contrib/tos/en/0.html b/contrib/tos/en/0.html new file mode 100644 index 0000000..59e816f --- /dev/null +++ b/contrib/tos/en/0.html @@ -0,0 +1,272 @@ + + +<html lang="en"> + <head> + <meta charset="utf-8" /> + <meta name="viewport" content="width=device-width, initial-scale=1.0" /> + <title>Terms Of Service — Taler Terms of Service</title> + <link rel="stylesheet" href="_static/pygments.css" type="text/css" /> + <link rel="stylesheet" href="_static/epub.css" type="text/css" /> + <script id="documentation_options" data-url_root="./" src="_static/documentation_options.js"></script> + <script src="_static/jquery.js"></script> + <script src="_static/underscore.js"></script> + <script src="_static/doctools.js"></script> + </head><body> + + <div class="document"> + <div class="documentwrapper"> + <div class="bodywrapper"> + <div class="body" role="main"> + + <div class="section" id="terms-of-service"> +<h1>Terms Of Service<a class="headerlink" href="#terms-of-service" title="Permalink to this headline">¶</a></h1> +<p>Last Updated: 07.09.2021</p> +<p>Welcome! Anastasis SARL (“we,” “our,” or “us”) provides a distributed +privacy-preserving backup and recovery service for key material +through our Internet presence (collectively the “Services”). Before +using our Services, please read the Terms of Service (the “Terms” or +the “Agreement”) carefully.</p> +<div class="section" id="overview"> +<h2>Overview<a class="headerlink" href="#overview" title="Permalink to this headline">¶</a></h2> +<p>This section provides a brief summary of the highlights of this +Agreement. Please note that when you accept this Agreement, you are +accepting all of the terms and conditions and not just this +section. We and possibly other third parties provide Internet services +which interact with the Anastasis key backup and recovery +application. When using an application to interact with our Services, +you are agreeing to our Terms, so please read carefully.</p> +<div class="section" id="highlights"> +<h3>Highlights:<a class="headerlink" href="#highlights" title="Permalink to this headline">¶</a></h3> +<blockquote> +<div><ul class="simple"> +<li><p>You are responsible for selecting authentication methods and +policies that are adequate to protect your key material. +Any losses arising from you not being able to satisfy the +selected authentication challenges or third parties being able +successfully pass the challenges are your problem.</p></li> +<li><p>We will store your encrypted key shares and disclose them upon +successful authentication to the best of our ability within the +limitations of the law and our implementation. Our liability will +be limited to the liability limit exposed in the protocol.</p></li> +<li><p>For our Services, we may charge various fees. The specific fee structure +is provided based on the Anastasis protocol and should be shown to you when you +use an application to interact with our services. You agree and understand +that the Anastasis protocol allows for the fee structure to change.</p></li> +<li><p>You agree to not intentionally overwhelm our systems with requests and +follow responsible disclosure if you find security issues in our services.</p></li> +<li><p>We cannot be held accountable for our Services not being available due to +circumstances beyond our control. If we modify or terminate our services, +we will announce this and ensure that you can recover your key material +for at least one year before we completely terminate the Service.</p></li> +</ul> +</div></blockquote> +<p>These terms outline approved uses of our Services. If you have any +questions or comments related to this Agreement, please send us a +message to <a class="reference external" href="mailto:legal%40anastasis.lu">legal<span>@</span>anastasis<span>.</span>lu</a>. If you do not agree to this Agreement, +you must not use our Services.</p> +</div> +</div> +<div class="section" id="how-you-accept-this-policy"> +<h2>How you accept this policy<a class="headerlink" href="#how-you-accept-this-policy" title="Permalink to this headline">¶</a></h2> +<p>By using our API (typically via an Anastasis-enabled application), you +acknowledge that you have read, understood, and agreed to these +Terms. We reserve the right to change these Terms at any time. If you +disagree with the change, you must simply stop using our APIs. Your +continued use of our Services following any such change will signify +your acceptance to be bound by the then current Terms. Please check +the effective date above to determine if there have been any changes +since you have last reviewed these Terms.</p> +</div> +<div class="section" id="services"> +<h2>Services<a class="headerlink" href="#services" title="Permalink to this headline">¶</a></h2> +<p>We will store your encrypted key shares (and the associated encrypted +recovery policy document) to the best of our ability and within the +limitations of the implementation. We will disclose the key shares only +after the specific authentication challenge has been passed. We will +rate-limit the use of the authentication APIs to limit brute-force +attacks.</p> +<p>We are not guaranteeing that the authentication procedures are effective. +Other parties may be able to intercept authentication messages, or you +may not be able to receive these messages anymore. You are responsible +for choosing safe authentication methods with sufficient security.</p> +<p>When using our Services, you agree to not take any action that +intentionally imposes an unreasonable load on our infrastructure. If +you find security problems in our Services, you agree to first report +them to <a class="reference external" href="mailto:security%40anastasis.lu">security<span>@</span>anastasis<span>.</span>lu</a> and grant us the right to publish your +report. We warrant that we will ourselves publicly disclose any issues +reported within 1 month, and that we will not prosecute anyone +reporting security issues if they did not exploit the issue beyond a +proof-of-concept, and followed the above responsible disclosure +practice.</p> +</div> +<div class="section" id="fees"> +<h2>Fees<a class="headerlink" href="#fees" title="Permalink to this headline">¶</a></h2> +<p>You agree to pay the fees for backup and recovery operations (“Fees”) +as defined by us, which we may change from time to time. Your +Anastasis client should obtain and display applicable fees during +backup and recovery.</p> +</div> +<div class="section" id="eligibility"> +<h2>Eligibility<a class="headerlink" href="#eligibility" title="Permalink to this headline">¶</a></h2> +<p>To be eligible to use our Services, you must be able to form legally binding +contracts or have the permission of your legal guardian. By using our +Services, you represent and warrant that you meet all eligibility requirements +that we outline in these Terms.</p> +</div> +<div class="section" id="copyrights-and-trademarks"> +<h2>Copyrights and trademarks<a class="headerlink" href="#copyrights-and-trademarks" title="Permalink to this headline">¶</a></h2> +<p>The Anastasis software is released under the terms of the GNU Affero +General Public License (GNU AGPLv3+). You have the right to access, +use, and share the Anastasis application, in modified or unmodified +form. However, the Affero GPL is a strong copyleft license, which +means that any derivative works must be distributed under the same +license terms as the original software. If you have any questions, you +should review the GNU AGPL’s full terms and conditions at +<a class="reference external" href="https://www.gnu.org/licenses/agpl-3.0.en.html">https://www.gnu.org/licenses/agpl-3.0.en.html</a>. “Anastasis” itself is +a trademark of Anastasis SARL. You are welcome to use the name in +relation to implementations of the Anastasis protocol, assuming your +use is compatible with an official release from the GNU Project that +is not older than two years.</p> +</div> +<div class="section" id="limitation-of-liability-disclaimer-of-warranties"> +<h2>Limitation of liability & disclaimer of warranties<a class="headerlink" href="#limitation-of-liability-disclaimer-of-warranties" title="Permalink to this headline">¶</a></h2> +<p>You understand and agree that we have no control over, and no duty to +take any action regarding: Failures, disruptions, errors, or delays in +processing that you may experience while using our Services; The risk +of failure of hardware, software, and Internet connections; The risk +of malicious software being introduced or found in the software +underlying the Anastasis implementation. You release us from all +liability related to any losses, damages, or claims arising from:</p> +<ol class="loweralpha simple"> +<li><p>user error such as forgotten security answers or loss of +control over accounts used for authentication;</p></li> +</ol> +<p>(b) server failure or data loss; +(d) bugs or other errors in the Anastasis client software; and +(e) any unauthorized third party activities, including, but not limited to,</p> +<blockquote> +<div><p>the use of viruses, phishing, brute forcing, or other means of attack +against the Anastasis client. We make no representations concerning any +Third Party Content contained in or accessed through our Services.</p> +</div></blockquote> +<p>Any other terms, conditions, warranties, or representations associated with +such content, are solely between you and such organizations and/or +individuals.</p> +<p>To the fullest extent permitted by applicable law, in no event will we +or any of our officers, directors, representatives, agents, servants, +counsel, employees, consultants, lawyers, and other personnel +authorized to act, acting, or purporting to act on our behalf +(collectively the “Anastasis Parties”) be liable to you under +contract, tort, strict liability, negligence, or any other legal or +equitable theory, for:</p> +<ol class="loweralpha simple"> +<li><p>any lost profits, data loss, cost of procurement of substitute goods or +services, or direct, indirect, incidental, special, punitive, compensatory, +or consequential damages of any kind whatsoever resulting from:</p></li> +</ol> +<blockquote> +<div><ol class="lowerroman simple"> +<li><p>your use of, or conduct in connection with, our services;</p></li> +<li><p>any unauthorized use of your wallet and/or private key due to your +failure to maintain the confidentiality of your wallet;</p></li> +<li><p>any interruption or cessation of transmission to or from the services; or</p></li> +<li><p>any bugs, viruses, trojan horses, or the like that are found in the Taler +Wallet software or that may be transmitted to or through our services by +any third party (regardless of the source of origination), or</p></li> +</ol> +</div></blockquote> +<ol class="loweralpha simple" start="2"> +<li><p>any direct damages.</p></li> +</ol> +<p>These limitations apply regardless of legal theory, whether based on tort, +strict liability, breach of contract, breach of warranty, or any other legal +theory, and whether or not we were advised of the possibility of such +damages. Some jurisdictions do not allow the exclusion or limitation of +liability for consequential or incidental damages, so the above limitation may +not apply to you.</p> +<p>Our services are provided “as is” and without warranty of any kind. To the +maximum extent permitted by law, we disclaim all representations and +warranties, express or implied, relating to the services and underlying +software or any content on the services, whether provided or owned by us or by +any third party, including without limitation, warranties of merchantability, +fitness for a particular purpose, title, non-infringement, freedom from +computer virus, and any implied warranties arising from course of dealing, +course of performance, or usage in trade, all of which are expressly +disclaimed. In addition, we do not represent or warrant that the content +accessible via the services is accurate, complete, available, current, free of +viruses or other harmful components, or that the results of using the services +will meet your requirements. Some states do not allow the disclaimer of +implied warranties, so the foregoing disclaimers may not apply to you. This +paragraph gives you specific legal rights and you may also have other legal +rights that vary from state to state.</p> +</div> +<div class="section" id="indemnity-and-time-limitation-on-claims-and-termination"> +<h2>Indemnity and Time limitation on claims and Termination<a class="headerlink" href="#indemnity-and-time-limitation-on-claims-and-termination" title="Permalink to this headline">¶</a></h2> +<p>To the extent permitted by applicable law, you agree to defend, +indemnify, and hold harmless the Anastasis Parties from and against +any and all claims, damages, obligations, losses, liabilities, costs +or debt, and expenses (including, but not limited to, attorney’s fees) +arising from: (a) your use of and access to the Services; (b) any +feedback or submissions you provide to us concerning the Anastasis +software; (c) your violation of any term of this Agreement; or (d) +your violation of any law, rule, or regulation, or the rights of any +third party.</p> +<p>You agree that any claim you may have arising out of or related to your +relationship with us must be filed within one year after such claim arises, +otherwise, your claim in permanently barred.</p> +<p>In the event of termination concerning your use of our Services, your +obligations under this Agreement will still continue.</p> +</div> +<div class="section" id="discontinuance-of-services-and-force-majeure"> +<h2>Discontinuance of services and Force majeure<a class="headerlink" href="#discontinuance-of-services-and-force-majeure" title="Permalink to this headline">¶</a></h2> +<p>We shall not be held liable for any delays, failure in performance, or +interruptions of service which result directly or indirectly from any cause or +condition beyond our reasonable control, including but not limited to: any +delay or failure due to any act of God, act of civil or military authorities, +act of terrorism, civil disturbance, war, strike or other labor dispute, fire, +interruption in telecommunications or Internet services or network provider +services, failure of equipment and/or software, other catastrophe, or any +other occurrence which is beyond our reasonable control and shall not affect +the validity and enforceability of any remaining provisions.</p> +</div> +<div class="section" id="governing-law-waivers-severability-and-assignment"> +<h2>Governing law, Waivers, Severability and Assignment<a class="headerlink" href="#governing-law-waivers-severability-and-assignment" title="Permalink to this headline">¶</a></h2> +<p>No matter where you’re located, the laws of Luxembourg will govern these +Terms. If any provisions of these Terms are inconsistent with any applicable +law, those provisions will be superseded or modified only to the extent such +provisions are inconsistent. The parties agree to submit to the ordinary +courts in Luxembourg for exclusive jurisdiction of any dispute +arising out of or related to your use of the Services or your breach of these +Terms.</p> +<p>Our failure to exercise or delay in exercising any right, power, or privilege +under this Agreement shall not operate as a waiver; nor shall any single or +partial exercise of any right, power, or privilege preclude any other or +further exercise thereof.</p> +<p>You agree that we may assign any of our rights and/or transfer, sub-contract, +or delegate any of our obligations under these Terms.</p> +<p>If it turns out that any part of this Agreement is invalid, void, or for any +reason unenforceable, that term will be deemed severable and limited or +eliminated to the minimum extent necessary.</p> +<p>This Agreement sets forth the entire understanding and agreement as to the +subject matter hereof and supersedes any and all prior discussions, +agreements, and understandings of any kind (including, without limitation, any +prior versions of this Agreement) and every nature between us. Except as +provided for above, any modification to this Agreement must be in writing and +must be signed by both parties.</p> +</div> +<div class="section" id="questions-or-comments"> +<h2>Questions or comments<a class="headerlink" href="#questions-or-comments" title="Permalink to this headline">¶</a></h2> +<p>We welcome comments, questions, concerns, or suggestions. Please send us a +message on our contact page at <a class="reference external" href="mailto:legal%40anastasis.lu">legal<span>@</span>anastasis<span>.</span>lu</a>.</p> +</div> +</div> + + + <div class="clearer"></div> + </div> + </div> + </div> + <div class="clearer"></div> + </div> + </body> +</html>
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