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-Terms Of Service
-****************
-
-Last Updated: 07.09.2021
-
-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.
-
-
-Overview
-========
-
-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.
-
-
-Highlights:
------------
-
- * 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.
-
- * 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.
-
- * 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.
-
- * You agree to not intentionally overwhelm our systems with
- requests and follow responsible disclosure if you find security
- issues in our services.
-
- * 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.
-
-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 legal@anastasis.lu. If you do not agree to this Agreement,
-you must not use our Services.
-
-
-How you accept this policy
-==========================
-
-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.
-
-
-Services
-========
-
-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.
-
-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.
-
-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 security@anastasis.lu 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.
-
-
-Fees
-====
-
-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.
-
-
-Eligibility
-===========
-
-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.
-
-
-Copyrights and trademarks
-=========================
-
-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
-https://www.gnu.org/licenses/agpl-3.0.en.html. “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.
-
-
-Limitation of liability & disclaimer of warranties
-==================================================
-
-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:
-
-1. user error such as forgotten security answers or loss of control
- over accounts used for authentication;
-
-(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,
-
- 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.
-
-Any other terms, conditions, warranties, or representations associated
-with such content, are solely between you and such organizations
-and/or individuals.
-
-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:
-
-1. 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:
-
- 1. your use of, or conduct in connection with, our services;
-
- 2. any unauthorized use of your wallet and/or private key due to
- your failure to maintain the confidentiality of your wallet;
-
- 3. any interruption or cessation of transmission to or from the
- services; or
-
- 4. 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
-
-2. any direct damages.
-
-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.
-
-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.
-
-
-Indemnity and Time limitation on claims and Termination
-=======================================================
-
-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.
-
-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.
-
-In the event of termination concerning your use of our Services, your
-obligations under this Agreement will still continue.
-
-
-Discontinuance of services and Force majeure
-============================================
-
-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.
-
-
-Governing law, Waivers, Severability and Assignment
-===================================================
-
-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.
-
-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.
-
-You agree that we may assign any of our rights and/or transfer, sub-
-contract, or delegate any of our obligations under these Terms.
-
-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.
-
-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.
-
-
-Questions or comments
-=====================
-
-We welcome comments, questions, concerns, or suggestions. Please send
-us a message on our contact page at legal@anastasis.lu.