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+<?xml version="1.0" encoding="utf-8"?>
+<!DOCTYPE document PUBLIC "+//IDN Docutils Generic//EN//XML" "">
+<!-- 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=""></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=""></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=""></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\ &amp;\ disclaimer\ of\ warranties">
+ <title>Limitation of liability &amp; 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=""></reference>.</paragraph>
+ </section>
+ </section>