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1 | Terms Of Service | ||
2 | **************** | ||
3 | |||
4 | Last Updated: 07.09.2021 | ||
5 | |||
6 | Welcome! Anastasis SARL (“we,” “our,” or “us”) provides a distributed | ||
7 | privacy-preserving backup and recovery service for key material | ||
8 | through our Internet presence (collectively the “Services”). Before | ||
9 | using our Services, please read the Terms of Service (the “Terms” or | ||
10 | the “Agreement”) carefully. | ||
11 | |||
12 | |||
13 | Overview | ||
14 | ======== | ||
15 | |||
16 | This section provides a brief summary of the highlights of this | ||
17 | Agreement. Please note that when you accept this Agreement, you are | ||
18 | accepting all of the terms and conditions and not just this section. | ||
19 | We and possibly other third parties provide Internet services which | ||
20 | interact with the Anastasis key backup and recovery application. When | ||
21 | using an application to interact with our Services, you are agreeing | ||
22 | to our Terms, so please read carefully. | ||
23 | |||
24 | |||
25 | Highlights: | ||
26 | ----------- | ||
27 | |||
28 | * You are responsible for selecting authentication methods and | ||
29 | policies that are adequate to protect your key material. Any | ||
30 | losses arising from you not being able to satisfy the selected | ||
31 | authentication challenges or third parties being able | ||
32 | successfully pass the challenges are your problem. | ||
33 | |||
34 | * We will store your encrypted key shares and disclose them upon | ||
35 | successful authentication to the best of our ability within the | ||
36 | limitations of the law and our implementation. Our liability will | ||
37 | be limited to the liability limit exposed in the protocol. | ||
38 | |||
39 | * For our Services, we may charge various fees. The specific fee | ||
40 | structure is provided based on the Anastasis protocol and should | ||
41 | be shown to you when you use an application to interact with our | ||
42 | services. You agree and understand that the Anastasis protocol | ||
43 | allows for the fee structure to change. | ||
44 | |||
45 | * You agree to not intentionally overwhelm our systems with | ||
46 | requests and follow responsible disclosure if you find security | ||
47 | issues in our services. | ||
48 | |||
49 | * We cannot be held accountable for our Services not being | ||
50 | available due to circumstances beyond our control. If we modify | ||
51 | or terminate our services, we will announce this and ensure that | ||
52 | you can recover your key material for at least one year before we | ||
53 | completely terminate the Service. | ||
54 | |||
55 | These terms outline approved uses of our Services. If you have any | ||
56 | questions or comments related to this Agreement, please send us a | ||
57 | message to legal@anastasis.lu. If you do not agree to this Agreement, | ||
58 | you must not use our Services. | ||
59 | |||
60 | |||
61 | How you accept this policy | ||
62 | ========================== | ||
63 | |||
64 | By using our API (typically via an Anastasis-enabled application), you | ||
65 | acknowledge that you have read, understood, and agreed to these Terms. | ||
66 | We reserve the right to change these Terms at any time. If you | ||
67 | disagree with the change, you must simply stop using our APIs. Your | ||
68 | continued use of our Services following any such change will signify | ||
69 | your acceptance to be bound by the then current Terms. Please check | ||
70 | the effective date above to determine if there have been any changes | ||
71 | since you have last reviewed these Terms. | ||
72 | |||
73 | |||
74 | Services | ||
75 | ======== | ||
76 | |||
77 | We will store your encrypted key shares (and the associated encrypted | ||
78 | recovery policy document) to the best of our ability and within the | ||
79 | limitations of the implementation. We will disclose the key shares | ||
80 | only after the specific authentication challenge has been passed. We | ||
81 | will rate-limit the use of the authentication APIs to limit brute- | ||
82 | force attacks. | ||
83 | |||
84 | We are not guaranteeing that the authentication procedures are | ||
85 | effective. Other parties may be able to intercept authentication | ||
86 | messages, or you may not be able to receive these messages anymore. | ||
87 | You are responsible for choosing safe authentication methods with | ||
88 | sufficient security. | ||
89 | |||
90 | When using our Services, you agree to not take any action that | ||
91 | intentionally imposes an unreasonable load on our infrastructure. If | ||
92 | you find security problems in our Services, you agree to first report | ||
93 | them to security@anastasis.lu and grant us the right to publish your | ||
94 | report. We warrant that we will ourselves publicly disclose any issues | ||
95 | reported within 1 month, and that we will not prosecute anyone | ||
96 | reporting security issues if they did not exploit the issue beyond a | ||
97 | proof-of-concept, and followed the above responsible disclosure | ||
98 | practice. | ||
99 | |||
100 | |||
101 | Fees | ||
102 | ==== | ||
103 | |||
104 | You agree to pay the fees for backup and recovery operations ("Fees") | ||
105 | as defined by us, which we may change from time to time. Your | ||
106 | Anastasis client should obtain and display applicable fees during | ||
107 | backup and recovery. | ||
108 | |||
109 | |||
110 | Eligibility | ||
111 | =========== | ||
112 | |||
113 | To be eligible to use our Services, you must be able to form legally | ||
114 | binding contracts or have the permission of your legal guardian. By | ||
115 | using our Services, you represent and warrant that you meet all | ||
116 | eligibility requirements that we outline in these Terms. | ||
117 | |||
118 | |||
119 | Copyrights and trademarks | ||
120 | ========================= | ||
121 | |||
122 | The Anastasis software is released under the terms of the GNU Affero | ||
123 | General Public License (GNU AGPLv3+). You have the right to access, | ||
124 | use, and share the Anastasis application, in modified or unmodified | ||
125 | form. However, the Affero GPL is a strong copyleft license, which | ||
126 | means that any derivative works must be distributed under the same | ||
127 | license terms as the original software. If you have any questions, you | ||
128 | should review the GNU AGPL’s full terms and conditions at | ||
129 | https://www.gnu.org/licenses/agpl-3.0.en.html. “Anastasis” itself is | ||
130 | a trademark of Anastasis SARL. You are welcome to use the name in | ||
131 | relation to implementations of the Anastasis protocol, assuming your | ||
132 | use is compatible with an official release from the GNU Project that | ||
133 | is not older than two years. | ||
134 | |||
135 | |||
136 | Limitation of liability & disclaimer of warranties | ||
137 | ================================================== | ||
138 | |||
139 | You understand and agree that we have no control over, and no duty to | ||
140 | take any action regarding: Failures, disruptions, errors, or delays in | ||
141 | processing that you may experience while using our Services; The risk | ||
142 | of failure of hardware, software, and Internet connections; The risk | ||
143 | of malicious software being introduced or found in the software | ||
144 | underlying the Anastasis implementation. You release us from all | ||
145 | liability related to any losses, damages, or claims arising from: | ||
146 | |||
147 | 1. user error such as forgotten security answers or loss of control | ||
148 | over accounts used for authentication; | ||
149 | |||
150 | (b) server failure or data loss; (d) bugs or other errors in the | ||
151 | Anastasis client software; and (e) any unauthorized third party | ||
152 | activities, including, but not limited to, | ||
153 | |||
154 | the use of viruses, phishing, brute forcing, or other means of | ||
155 | attack against the Anastasis client. We make no representations | ||
156 | concerning any Third Party Content contained in or accessed through | ||
157 | our Services. | ||
158 | |||
159 | Any other terms, conditions, warranties, or representations associated | ||
160 | with such content, are solely between you and such organizations | ||
161 | and/or individuals. | ||
162 | |||
163 | To the fullest extent permitted by applicable law, in no event will we | ||
164 | or any of our officers, directors, representatives, agents, servants, | ||
165 | counsel, employees, consultants, lawyers, and other personnel | ||
166 | authorized to act, acting, or purporting to act on our behalf | ||
167 | (collectively the “Anastasis Parties”) be liable to you under | ||
168 | contract, tort, strict liability, negligence, or any other legal or | ||
169 | equitable theory, for: | ||
170 | |||
171 | 1. any lost profits, data loss, cost of procurement of substitute | ||
172 | goods or services, or direct, indirect, incidental, special, | ||
173 | punitive, compensatory, or consequential damages of any kind | ||
174 | whatsoever resulting from: | ||
175 | |||
176 | 1. your use of, or conduct in connection with, our services; | ||
177 | |||
178 | 2. any unauthorized use of your wallet and/or private key due to | ||
179 | your failure to maintain the confidentiality of your wallet; | ||
180 | |||
181 | 3. any interruption or cessation of transmission to or from the | ||
182 | services; or | ||
183 | |||
184 | 4. any bugs, viruses, trojan horses, or the like that are found in | ||
185 | the Taler Wallet software or that may be transmitted to or | ||
186 | through our services by any third party (regardless of the | ||
187 | source of origination), or | ||
188 | |||
189 | 2. any direct damages. | ||
190 | |||
191 | These limitations apply regardless of legal theory, whether based on | ||
192 | tort, strict liability, breach of contract, breach of warranty, or any | ||
193 | other legal theory, and whether or not we were advised of the | ||
194 | possibility of such damages. Some jurisdictions do not allow the | ||
195 | exclusion or limitation of liability for consequential or incidental | ||
196 | damages, so the above limitation may not apply to you. | ||
197 | |||
198 | Our services are provided "as is" and without warranty of any kind. To | ||
199 | the maximum extent permitted by law, we disclaim all representations | ||
200 | and warranties, express or implied, relating to the services and | ||
201 | underlying software or any content on the services, whether provided | ||
202 | or owned by us or by any third party, including without limitation, | ||
203 | warranties of merchantability, fitness for a particular purpose, | ||
204 | title, non-infringement, freedom from computer virus, and any implied | ||
205 | warranties arising from course of dealing, course of performance, or | ||
206 | usage in trade, all of which are expressly disclaimed. In addition, we | ||
207 | do not represent or warrant that the content accessible via the | ||
208 | services is accurate, complete, available, current, free of viruses or | ||
209 | other harmful components, or that the results of using the services | ||
210 | will meet your requirements. Some states do not allow the disclaimer | ||
211 | of implied warranties, so the foregoing disclaimers may not apply to | ||
212 | you. This paragraph gives you specific legal rights and you may also | ||
213 | have other legal rights that vary from state to state. | ||
214 | |||
215 | |||
216 | Indemnity and Time limitation on claims and Termination | ||
217 | ======================================================= | ||
218 | |||
219 | To the extent permitted by applicable law, you agree to defend, | ||
220 | indemnify, and hold harmless the Anastasis Parties from and against | ||
221 | any and all claims, damages, obligations, losses, liabilities, costs | ||
222 | or debt, and expenses (including, but not limited to, attorney’s fees) | ||
223 | arising from: (a) your use of and access to the Services; (b) any | ||
224 | feedback or submissions you provide to us concerning the Anastasis | ||
225 | software; (c) your violation of any term of this Agreement; or (d) | ||
226 | your violation of any law, rule, or regulation, or the rights of any | ||
227 | third party. | ||
228 | |||
229 | You agree that any claim you may have arising out of or related to | ||
230 | your relationship with us must be filed within one year after such | ||
231 | claim arises, otherwise, your claim in permanently barred. | ||
232 | |||
233 | In the event of termination concerning your use of our Services, your | ||
234 | obligations under this Agreement will still continue. | ||
235 | |||
236 | |||
237 | Discontinuance of services and Force majeure | ||
238 | ============================================ | ||
239 | |||
240 | We shall not be held liable for any delays, failure in performance, or | ||
241 | interruptions of service which result directly or indirectly from any | ||
242 | cause or condition beyond our reasonable control, including but not | ||
243 | limited to: any delay or failure due to any act of God, act of civil | ||
244 | or military authorities, act of terrorism, civil disturbance, war, | ||
245 | strike or other labor dispute, fire, interruption in | ||
246 | telecommunications or Internet services or network provider services, | ||
247 | failure of equipment and/or software, other catastrophe, or any other | ||
248 | occurrence which is beyond our reasonable control and shall not affect | ||
249 | the validity and enforceability of any remaining provisions. | ||
250 | |||
251 | |||
252 | Governing law, Waivers, Severability and Assignment | ||
253 | =================================================== | ||
254 | |||
255 | No matter where you’re located, the laws of Luxembourg will govern | ||
256 | these Terms. If any provisions of these Terms are inconsistent with | ||
257 | any applicable law, those provisions will be superseded or modified | ||
258 | only to the extent such provisions are inconsistent. The parties agree | ||
259 | to submit to the ordinary courts in Luxembourg for exclusive | ||
260 | jurisdiction of any dispute arising out of or related to your use of | ||
261 | the Services or your breach of these Terms. | ||
262 | |||
263 | Our failure to exercise or delay in exercising any right, power, or | ||
264 | privilege under this Agreement shall not operate as a waiver; nor | ||
265 | shall any single or partial exercise of any right, power, or privilege | ||
266 | preclude any other or further exercise thereof. | ||
267 | |||
268 | You agree that we may assign any of our rights and/or transfer, sub- | ||
269 | contract, or delegate any of our obligations under these Terms. | ||
270 | |||
271 | If it turns out that any part of this Agreement is invalid, void, or | ||
272 | for any reason unenforceable, that term will be deemed severable and | ||
273 | limited or eliminated to the minimum extent necessary. | ||
274 | |||
275 | This Agreement sets forth the entire understanding and agreement as to | ||
276 | the subject matter hereof and supersedes any and all prior | ||
277 | discussions, agreements, and understandings of any kind (including, | ||
278 | without limitation, any prior versions of this Agreement) and every | ||
279 | nature between us. Except as provided for above, any modification to | ||
280 | this Agreement must be in writing and must be signed by both parties. | ||
281 | |||
282 | |||
283 | Questions or comments | ||
284 | ===================== | ||
285 | |||
286 | We welcome comments, questions, concerns, or suggestions. Please send | ||
287 | us a message on our contact page at legal@anastasis.lu. | ||