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diff --git a/contrib/tos/en/0.txt b/contrib/tos/en/0.txt new file mode 100644 index 0000000..4f1c814 --- /dev/null +++ b/contrib/tos/en/0.txt @@ -0,0 +1,287 @@ +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. |