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diff --git a/contrib/tos/en/0.xml b/contrib/tos/en/0.xml new file mode 100644 index 0000000..3bf9332 --- /dev/null +++ b/contrib/tos/en/0.xml @@ -0,0 +1,271 @@ +<?xml version="1.0" encoding="utf-8"?> +<!DOCTYPE document PUBLIC "+//IDN docutils.sourceforge.net//DTD Docutils Generic//EN//XML" "http://docutils.sourceforge.net/docs/ref/docutils.dtd"> +<!-- Generated by Docutils 0.16 --> +<document source="/research/anastasis/anastasis/contrib/tos/tos.rst"> + <section ids="terms-of-service" names="terms\ of\ service"> + <title>Terms Of Service</title> + <paragraph>Last Updated: 07.09.2021</paragraph> + <paragraph>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.</paragraph> + <section ids="overview" names="overview"> + <title>Overview</title> + <paragraph>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.</paragraph> + <section ids="highlights" names="highlights:"> + <title>Highlights:</title> + <block_quote> + <bullet_list bullet="•"> + <list_item> + <paragraph>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.</paragraph> + </list_item> + <list_item> + <paragraph>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.</paragraph> + </list_item> + <list_item> + <paragraph>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.</paragraph> + </list_item> + <list_item> + <paragraph>You agree to not intentionally overwhelm our systems with requests and + follow responsible disclosure if you find security issues in our services.</paragraph> + </list_item> + <list_item> + <paragraph>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.</paragraph> + </list_item> + </bullet_list> + </block_quote> + <paragraph>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 <reference refuri="mailto:legal@anastasis.lu">legal@anastasis.lu</reference>. If you do not agree to this Agreement, + you must not use our Services.</paragraph> + </section> + </section> + <section ids="how-you-accept-this-policy" names="how\ you\ accept\ this\ policy"> + <title>How you accept this policy</title> + <paragraph>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.</paragraph> + </section> + <section ids="services" names="services"> + <title>Services</title> + <paragraph>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.</paragraph> + <paragraph>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.</paragraph> + <paragraph>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 <reference refuri="mailto:security@anastasis.lu">security@anastasis.lu</reference> 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.</paragraph> + </section> + <section ids="fees" names="fees"> + <title>Fees</title> + <paragraph>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.</paragraph> + </section> + <section ids="eligibility" names="eligibility"> + <title>Eligibility</title> + <paragraph>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.</paragraph> + </section> + <section ids="copyrights-and-trademarks" names="copyrights\ and\ trademarks"> + <title>Copyrights and trademarks</title> + <paragraph>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 + <reference refuri="https://www.gnu.org/licenses/agpl-3.0.en.html">https://www.gnu.org/licenses/agpl-3.0.en.html</reference>. “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.</paragraph> + </section> + <section ids="limitation-of-liability-disclaimer-of-warranties" names="limitation\ of\ liability\ &\ disclaimer\ of\ warranties"> + <title>Limitation of liability & disclaimer of warranties</title> + <paragraph>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:</paragraph> + <enumerated_list enumtype="loweralpha" prefix="(" suffix=")"> + <list_item> + <paragraph>user error such as forgotten security answers or loss of + control over accounts used for authentication;</paragraph> + </list_item> + </enumerated_list> + <paragraph>(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,</paragraph> + <block_quote> + <paragraph>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.</paragraph> + </block_quote> + <paragraph>Any other terms, conditions, warranties, or representations associated with + such content, are solely between you and such organizations and/or + individuals.</paragraph> + <paragraph>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:</paragraph> + <enumerated_list enumtype="loweralpha" prefix="(" suffix=")"> + <list_item> + <paragraph>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:</paragraph> + </list_item> + </enumerated_list> + <block_quote> + <enumerated_list enumtype="lowerroman" prefix="(" suffix=")"> + <list_item> + <paragraph>your use of, or conduct in connection with, our services;</paragraph> + </list_item> + <list_item> + <paragraph>any unauthorized use of your wallet and/or private key due to your + failure to maintain the confidentiality of your wallet;</paragraph> + </list_item> + <list_item> + <paragraph>any interruption or cessation of transmission to or from the services; or</paragraph> + </list_item> + <list_item> + <paragraph>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</paragraph> + </list_item> + </enumerated_list> + </block_quote> + <enumerated_list enumtype="loweralpha" prefix="(" start="2" suffix=")"> + <list_item> + <paragraph>any direct damages.</paragraph> + </list_item> + </enumerated_list> + <paragraph>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.</paragraph> + <paragraph>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.</paragraph> + </section> + <section ids="indemnity-and-time-limitation-on-claims-and-termination" names="indemnity\ and\ time\ limitation\ on\ claims\ and\ termination"> + <title>Indemnity and Time limitation on claims and Termination</title> + <paragraph>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.</paragraph> + <paragraph>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.</paragraph> + <paragraph>In the event of termination concerning your use of our Services, your + obligations under this Agreement will still continue.</paragraph> + </section> + <section ids="discontinuance-of-services-and-force-majeure" names="discontinuance\ of\ services\ and\ force\ majeure"> + <title>Discontinuance of services and Force majeure</title> + <paragraph>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.</paragraph> + </section> + <section ids="governing-law-waivers-severability-and-assignment" names="governing\ law,\ waivers,\ severability\ and\ assignment"> + <title>Governing law, Waivers, Severability and Assignment</title> + <paragraph>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.</paragraph> + <paragraph>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.</paragraph> + <paragraph>You agree that we may assign any of our rights and/or transfer, sub-contract, + or delegate any of our obligations under these Terms.</paragraph> + <paragraph>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.</paragraph> + <paragraph>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.</paragraph> + </section> + <section ids="questions-or-comments" names="questions\ or\ comments"> + <title>Questions or comments</title> + <paragraph>We welcome comments, questions, concerns, or suggestions. Please send us a + message on our contact page at <reference refuri="mailto:legal@anastasis.lu">legal@anastasis.lu</reference>.</paragraph> + </section> + </section> +</document> |