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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:¶

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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.
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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.
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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.
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You agree to not intentionally overwhelm our systems with requests and -follow responsible disclosure if you find security issues in our services.
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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.
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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:

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,

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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.
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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:

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:

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your use of, or conduct in connection with, our services;
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any unauthorized use of your wallet and/or private key due to your -failure to maintain the confidentiality of your wallet;
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any interruption or cessation of transmission to or from the services; or
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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
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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.

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