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1Terms Of Service
2****************
3
4Last Updated: 07.09.2021
5
6Welcome! Anastasis SARL (“we,” “our,” or “us”) provides a distributed
7privacy-preserving backup and recovery service for key material
8through our Internet presence (collectively the “Services”). Before
9using our Services, please read the Terms of Service (the “Terms” or
10the “Agreement”) carefully.
11
12
13Overview
14========
15
16This section provides a brief summary of the highlights of this
17Agreement. Please note that when you accept this Agreement, you are
18accepting all of the terms and conditions and not just this section.
19We and possibly other third parties provide Internet services which
20interact with the Anastasis key backup and recovery application. When
21using an application to interact with our Services, you are agreeing
22to our Terms, so please read carefully.
23
24
25Highlights:
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
55These terms outline approved uses of our Services. If you have any
56questions or comments related to this Agreement, please send us a
57message to legal@anastasis.lu. If you do not agree to this Agreement,
58you must not use our Services.
59
60
61How you accept this policy
62==========================
63
64By using our API (typically via an Anastasis-enabled application), you
65acknowledge that you have read, understood, and agreed to these Terms.
66We reserve the right to change these Terms at any time. If you
67disagree with the change, you must simply stop using our APIs. Your
68continued use of our Services following any such change will signify
69your acceptance to be bound by the then current Terms. Please check
70the effective date above to determine if there have been any changes
71since you have last reviewed these Terms.
72
73
74Services
75========
76
77We will store your encrypted key shares (and the associated encrypted
78recovery policy document) to the best of our ability and within the
79limitations of the implementation. We will disclose the key shares
80only after the specific authentication challenge has been passed. We
81will rate-limit the use of the authentication APIs to limit brute-
82force attacks.
83
84We are not guaranteeing that the authentication procedures are
85effective. Other parties may be able to intercept authentication
86messages, or you may not be able to receive these messages anymore.
87You are responsible for choosing safe authentication methods with
88sufficient security.
89
90When using our Services, you agree to not take any action that
91intentionally imposes an unreasonable load on our infrastructure. If
92you find security problems in our Services, you agree to first report
93them to security@anastasis.lu and grant us the right to publish your
94report. We warrant that we will ourselves publicly disclose any issues
95reported within 1 month, and that we will not prosecute anyone
96reporting security issues if they did not exploit the issue beyond a
97proof-of-concept, and followed the above responsible disclosure
98practice.
99
100
101Fees
102====
103
104You agree to pay the fees for backup and recovery operations ("Fees")
105as defined by us, which we may change from time to time. Your
106Anastasis client should obtain and display applicable fees during
107backup and recovery.
108
109
110Eligibility
111===========
112
113To be eligible to use our Services, you must be able to form legally
114binding contracts or have the permission of your legal guardian. By
115using our Services, you represent and warrant that you meet all
116eligibility requirements that we outline in these Terms.
117
118
119Copyrights and trademarks
120=========================
121
122The Anastasis software is released under the terms of the GNU Affero
123General Public License (GNU AGPLv3+). You have the right to access,
124use, and share the Anastasis application, in modified or unmodified
125form. However, the Affero GPL is a strong copyleft license, which
126means that any derivative works must be distributed under the same
127license terms as the original software. If you have any questions, you
128should review the GNU AGPL’s full terms and conditions at
129https://www.gnu.org/licenses/agpl-3.0.en.html. “Anastasis” itself is
130a trademark of Anastasis SARL. You are welcome to use the name in
131relation to implementations of the Anastasis protocol, assuming your
132use is compatible with an official release from the GNU Project that
133is not older than two years.
134
135
136Limitation of liability & disclaimer of warranties
137==================================================
138
139You understand and agree that we have no control over, and no duty to
140take any action regarding: Failures, disruptions, errors, or delays in
141processing that you may experience while using our Services; The risk
142of failure of hardware, software, and Internet connections; The risk
143of malicious software being introduced or found in the software
144underlying the Anastasis implementation. You release us from all
145liability related to any losses, damages, or claims arising from:
146
1471. 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
151Anastasis client software; and (e) any unauthorized third party
152activities, 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
159Any other terms, conditions, warranties, or representations associated
160with such content, are solely between you and such organizations
161and/or individuals.
162
163To the fullest extent permitted by applicable law, in no event will we
164or any of our officers, directors, representatives, agents, servants,
165counsel, employees, consultants, lawyers, and other personnel
166authorized to act, acting, or purporting to act on our behalf
167(collectively the “Anastasis Parties”) be liable to you under
168contract, tort, strict liability, negligence, or any other legal or
169equitable theory, for:
170
1711. 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
1892. any direct damages.
190
191These limitations apply regardless of legal theory, whether based on
192tort, strict liability, breach of contract, breach of warranty, or any
193other legal theory, and whether or not we were advised of the
194possibility of such damages. Some jurisdictions do not allow the
195exclusion or limitation of liability for consequential or incidental
196damages, so the above limitation may not apply to you.
197
198Our services are provided "as is" and without warranty of any kind. To
199the maximum extent permitted by law, we disclaim all representations
200and warranties, express or implied, relating to the services and
201underlying software or any content on the services, whether provided
202or owned by us or by any third party, including without limitation,
203warranties of merchantability, fitness for a particular purpose,
204title, non-infringement, freedom from computer virus, and any implied
205warranties arising from course of dealing, course of performance, or
206usage in trade, all of which are expressly disclaimed. In addition, we
207do not represent or warrant that the content accessible via the
208services is accurate, complete, available, current, free of viruses or
209other harmful components, or that the results of using the services
210will meet your requirements. Some states do not allow the disclaimer
211of implied warranties, so the foregoing disclaimers may not apply to
212you. This paragraph gives you specific legal rights and you may also
213have other legal rights that vary from state to state.
214
215
216Indemnity and Time limitation on claims and Termination
217=======================================================
218
219To the extent permitted by applicable law, you agree to defend,
220indemnify, and hold harmless the Anastasis Parties from and against
221any and all claims, damages, obligations, losses, liabilities, costs
222or debt, and expenses (including, but not limited to, attorney’s fees)
223arising from: (a) your use of and access to the Services; (b) any
224feedback or submissions you provide to us concerning the Anastasis
225software; (c) your violation of any term of this Agreement; or (d)
226your violation of any law, rule, or regulation, or the rights of any
227third party.
228
229You agree that any claim you may have arising out of or related to
230your relationship with us must be filed within one year after such
231claim arises, otherwise, your claim in permanently barred.
232
233In the event of termination concerning your use of our Services, your
234obligations under this Agreement will still continue.
235
236
237Discontinuance of services and Force majeure
238============================================
239
240We shall not be held liable for any delays, failure in performance, or
241interruptions of service which result directly or indirectly from any
242cause or condition beyond our reasonable control, including but not
243limited to: any delay or failure due to any act of God, act of civil
244or military authorities, act of terrorism, civil disturbance, war,
245strike or other labor dispute, fire, interruption in
246telecommunications or Internet services or network provider services,
247failure of equipment and/or software, other catastrophe, or any other
248occurrence which is beyond our reasonable control and shall not affect
249the validity and enforceability of any remaining provisions.
250
251
252Governing law, Waivers, Severability and Assignment
253===================================================
254
255No matter where you’re located, the laws of Luxembourg will govern
256these Terms. If any provisions of these Terms are inconsistent with
257any applicable law, those provisions will be superseded or modified
258only to the extent such provisions are inconsistent. The parties agree
259to submit to the ordinary courts in Luxembourg for exclusive
260jurisdiction of any dispute arising out of or related to your use of
261the Services or your breach of these Terms.
262
263Our failure to exercise or delay in exercising any right, power, or
264privilege under this Agreement shall not operate as a waiver; nor
265shall any single or partial exercise of any right, power, or privilege
266preclude any other or further exercise thereof.
267
268You agree that we may assign any of our rights and/or transfer, sub-
269contract, or delegate any of our obligations under these Terms.
270
271If it turns out that any part of this Agreement is invalid, void, or
272for any reason unenforceable, that term will be deemed severable and
273limited or eliminated to the minimum extent necessary.
274
275This Agreement sets forth the entire understanding and agreement as to
276the subject matter hereof and supersedes any and all prior
277discussions, agreements, and understandings of any kind (including,
278without limitation, any prior versions of this Agreement) and every
279nature between us. Except as provided for above, any modification to
280this Agreement must be in writing and must be signed by both parties.
281
282
283Questions or comments
284=====================
285
286We welcome comments, questions, concerns, or suggestions. Please send
287us a message on our contact page at legal@anastasis.lu.