From 2cd354167edcbd9542160f3ec94493a8ecf09e8c Mon Sep 17 00:00:00 2001 From: Christian Grothoff Date: Tue, 7 Sep 2021 21:46:49 +0200 Subject: deploy pp/terms for Anastasis --- contrib/tos/en/0.xml | 271 +++++++++++++++++++++++++++++++++++++++++++++++++++ 1 file changed, 271 insertions(+) create mode 100644 contrib/tos/en/0.xml (limited to 'contrib/tos/en/0.xml') 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 @@ + + + + +
+ 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. +
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+ 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. +
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+ 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. +
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+ 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. +
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+ 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. +
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+ 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. +
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+ 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, + + 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: + + + 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: + + + + + + your use of, or conduct in connection with, our services; + + + any unauthorized use of your wallet and/or private key due to your + failure to maintain the confidentiality of your wallet; + + + any interruption or cessation of transmission to or from the services; or + + + 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 + + + + + + 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. +
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+ 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. +
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+ 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. +
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+ 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. +
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+ 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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