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- <title>Terms Of Service &#8212; Taler Terms of Service</title>
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- <div class="section" id="terms-of-service">
-<h1>Terms Of Service<a class="headerlink" href="#terms-of-service" title="Permalink to this headline">¶</a></h1>
-<p>Last Updated: 09.06.2022</p>
-<p>Welcome! The ICE research center of the Bern University of Applied Sciences
-in Switzerland (“we,” “our,” or “us”) provides an experimental payment service
-through our Internet presence (collectively the “Services”). Before using our
-Services, please read the Terms of Service (the “Terms” or the “Agreement”)
-carefully.</p>
-<div class="section" id="this-is-research">
-<h2>This is research<a class="headerlink" href="#this-is-research" title="Permalink to this headline">¶</a></h2>
-<p>This is a research experiment. Any funds wired to our Bitcoin address are
-considered a donation to our research group. We may use them to enable
-payments following the GNU Taler protocol, or simply keep them at our
-discretion. The service is experimental and may also be discontinued at
-any time, in which case all remaining funds will definitively be kept by
-the research group.</p>
-</div>
-<div class="section" id="overview">
-<h2>Overview<a class="headerlink" href="#overview" title="Permalink to this headline">¶</a></h2>
-<p>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 Taler
-Wallet’s self-hosted personal payment application. When using the Taler Wallet
-to interact with our Services, you are agreeing to our Terms, so please read
-carefully.</p>
-<div class="section" id="highlights">
-<h3>Highlights:<a class="headerlink" href="#highlights" title="Permalink to this headline">¶</a></h3>
-<blockquote>
-<div><ul class="simple">
-<li><p>You are responsible for keeping the data in your Taler Wallet at all times
-under your control. Any losses arising from you not being in control of
-your private information are your problem.</p></li>
-<li><p>We may transfer funds we receive from our users to any legal
-recipient to the best of our ability within the limitations of the law and
-our implementation. However, the Services offered today are highly
-experimental and the set of recipients of funds is severely restricted.
-Again, we stress this is a research experiment and technically all funds
-held by the exchange are owned by the research group of the university.</p></li>
-<li><p>For our Services, we may charge transaction fees. The specific fee structure
-is provided based on the Taler protocol and should be shown to you when you
-withdraw electronic coins using a Taler Wallet. You agree and understand
-that the Taler protocol allows for the fee structure to change.</p></li>
-<li><p>You agree to not intentionally overwhelm our systems with requests and
-follow responsible disclosure if you find security issues in our services.</p></li>
-<li><p>We cannot be held accountable for our Services not being available due to
-any circumstances. If we modify or terminate our services,
-we may give you the opportunity to recover your funds. However,
-given the experimental state of the Services today, this may not be
-possible. You are strongly advised to limit your use of the Service
-to small-scale experiments expecting total loss of all funds.</p></li>
-</ul>
-</div></blockquote>
-<p>These terms outline approved uses of our Services. The Services and these
-Terms are still at an experimental stage. If you have any questions or
-comments related to this Agreement, please send us a message to
-<a class="reference external" href="mailto:ice&#37;&#52;&#48;bfh&#46;ch">ice<span>&#64;</span>bfh<span>&#46;</span>ch</a>. If you do not agree to this Agreement, you must not
-use our Services.</p>
-</div>
-</div>
-<div class="section" id="how-you-accept-this-policy">
-<h2>How you accept this policy<a class="headerlink" href="#how-you-accept-this-policy" title="Permalink to this headline">¶</a></h2>
-<p>By sending funds to us (to top-up your Taler Wallet), 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, we may in the
-future offer you with an easy option to recover your unspent funds. However,
-in the current experimental period you acknowledge that this feature is not
-yet available, resulting in your funds being lost unless you accept the new
-Terms. If you continue to use our Services other than to recover your unspent
-funds, 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.</p>
-</div>
-<div class="section" id="services">
-<h2>Services<a class="headerlink" href="#services" title="Permalink to this headline">¶</a></h2>
-<p>We will try to transfer funds that we receive from users to any legal
-recipient to the best of our ability and within the limitations of the
-law. However, the Services offered today are highly experimental and the set
-of recipients of funds is severely restricted. The Taler Wallet can be loaded
-by exchanging fiat or cryptocurrencies against electronic coins. We are
-providing this exchange service. Once your Taler Wallet is loaded with
-electronic coins they can be spent for purchases if the seller is accepting
-Taler as a means of payment. We are not guaranteeing that any seller is
-accepting Taler at all or a particular seller. The seller or recipient of
-deposits of electronic coins must specify the target account, as per the
-design of the Taler protocol. They are responsible for following the protocol
-and specifying the correct bank account, and are solely liable for any losses
-that may arise from specifying the wrong account. We may allow the government
-to link wire transfers to the underlying contract hash. It is the
-responsibility of recipients to preserve the full contracts and to pay
-whatever taxes and charges may be applicable. Technical issues may lead to
-situations where we are unable to make transfers at all or lead to incorrect
-transfers that cannot be reversed. We may refuse to execute transfers if the
-transfers are prohibited by a competent legal authority and we are ordered to
-do so.</p>
-<p>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
-<a class="reference external" href="mailto:security&#37;&#52;&#48;taler-systems&#46;com">security<span>&#64;</span>taler-systems<span>&#46;</span>com</a> and grant us the right to publish your report. We
-warrant that we will ourselves publicly disclose any issues reported within 3
-months, 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.</p>
-</div>
-<div class="section" id="fees">
-<h2>Fees<a class="headerlink" href="#fees" title="Permalink to this headline">¶</a></h2>
-<p>You agree to pay the fees for exchanges and withdrawals completed via the
-Taler Wallet (“Fees”) as defined by us, which we may change from time to
-time. With the exception of wire transfer fees, Taler transaction fees are set
-for any electronic coin at the time of withdrawal and fixed throughout the
-validity period of the respective electronic coin. Your wallet should obtain
-and display applicable fees when withdrawing funds. Fees for coins obtained as
-change may differ from the fees applicable to the original coin. Wire transfer
-fees that are independent from electronic coins may change annually. You
-authorize us to charge or deduct applicable fees owed in connection with
-deposits, exchanges and withdrawals following the rules of the Taler protocol.
-We reserve the right to provide different types of rewards to users either in
-the form of discount for our Services or in any other form at our discretion
-and without prior notice to you.</p>
-</div>
-<div class="section" id="eligibility-and-financial-self-responsibility">
-<h2>Eligibility and Financial self-responsibility<a class="headerlink" href="#eligibility-and-financial-self-responsibility" title="Permalink to this headline">¶</a></h2>
-<p>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.</p>
-<p>You will be responsible for maintaining the availability, integrity and
-confidentiality of the data stored in your wallet. When you setup a Taler
-Wallet, you are strongly advised to follow the precautionary measures offered
-by the software to minimize the chances to losse access to or control over
-your Wallet data. We will not be liable for any loss or damage arising from
-your failure to comply with this paragraph.</p>
-</div>
-<div class="section" id="copyrights-and-trademarks">
-<h2>Copyrights and trademarks<a class="headerlink" href="#copyrights-and-trademarks" title="Permalink to this headline">¶</a></h2>
-<p>The Taler Wallet is released under the terms of the GNU General Public License
-(GNU GPL). You have the right to access, use, and share the Taler Wallet, in
-modified or unmodified form. However, the 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 GPL’s full terms and conditions at
-<a class="reference external" href="https://www.gnu.org/licenses/gpl-3.0.en.html">https://www.gnu.org/licenses/gpl-3.0.en.html</a>. “Taler” itself is a trademark
-of Taler Systems SA. You are welcome to use the name in relation to processing
-payments using the Taler protocol, assuming your use is compatible with an
-official release from the GNU Project that is not older than two years.</p>
-</div>
-<div class="section" id="limitation-of-liability-disclaimer-of-warranties">
-<h2>Limitation of liability &amp; disclaimer of warranties<a class="headerlink" href="#limitation-of-liability-disclaimer-of-warranties" title="Permalink to this headline">¶</a></h2>
-<p>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 Taler Wallet; The risk that
-third parties may obtain unauthorized access to information stored within your
-Taler Wallet, including, but not limited to your Taler Wallet coins or backup
-encryption keys. You release us from all liability related to any losses,
-damages, or claims arising from:</p>
-<ol class="loweralpha simple">
-<li><p>user error such as forgotten passwords, incorrectly constructed
-transactions;</p></li>
-<li><p>server failure or data loss;</p></li>
-<li><p>unauthorized access to the Taler Wallet application;</p></li>
-<li><p>bugs or other errors in the Taler Wallet software; and</p></li>
-<li><p>any unauthorized third party activities, including, but not limited to,
-the use of viruses, phishing, brute forcing, or other means of attack
-against the Taler Wallet. We make no representations concerning any
-Third Party Content contained in or accessed through our Services.</p></li>
-</ol>
-<p>Any other terms, conditions, warranties, or representations associated with
-such content, are solely between you and such organizations and/or
-individuals.</p>
-<p>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 “Taler Parties”)
-be liable to you under contract, tort, strict liability, negligence, or any
-other legal or equitable theory, for:</p>
-<ol class="loweralpha simple">
-<li><p>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:</p></li>
-</ol>
-<blockquote>
-<div><ol class="lowerroman simple">
-<li><p>your use of, or conduct in connection with, our services;</p></li>
-<li><p>any unauthorized use of your wallet and/or private key due to your
-failure to maintain the confidentiality of your wallet;</p></li>
-<li><p>any interruption or cessation of transmission to or from the services; or</p></li>
-<li><p>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</p></li>
-</ol>
-</div></blockquote>
-<ol class="loweralpha simple" start="2">
-<li><p>any direct damages.</p></li>
-</ol>
-<p>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.</p>
-<p>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.</p>
-</div>
-<div class="section" id="indemnity-and-time-limitation-on-claims-and-termination">
-<h2>Indemnity and Time limitation on claims and Termination<a class="headerlink" href="#indemnity-and-time-limitation-on-claims-and-termination" title="Permalink to this headline">¶</a></h2>
-<p>To the extent permitted by applicable law, you agree to defend, indemnify, and
-hold harmless the Taler 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
-Taler Wallet; (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.</p>
-<p>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.</p>
-<p>In the event of termination concerning your use of our Services, your
-obligations under this Agreement will still continue.</p>
-</div>
-<div class="section" id="discontinuance-of-services-and-force-majeure">
-<h2>Discontinuance of services and Force majeure<a class="headerlink" href="#discontinuance-of-services-and-force-majeure" title="Permalink to this headline">¶</a></h2>
-<p>We may, in our sole discretion and without cost to you, with or without prior
-notice, and at any time, modify or discontinue, temporarily or permanently,
-any portion of our Services. We will use the Taler protocol’s provisions to
-notify Wallets if our Services are to be discontinued. It is your
-responsibility to ensure that the Taler Wallet is online at least once every
-three months to observe these notifications. We shall not be held responsible
-or liable for any loss of funds in the event that we discontinue or depreciate
-the Services and your Taler Wallet fails to transfer out the coins within a
-three months notification period.</p>
-<p>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.</p>
-</div>
-<div class="section" id="governing-law-waivers-severability-and-assignment">
-<h2>Governing law, Waivers, Severability and Assignment<a class="headerlink" href="#governing-law-waivers-severability-and-assignment" title="Permalink to this headline">¶</a></h2>
-<p>No matter where you’re located, the laws of Switzerland 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 Bern, Switzerland for exclusive jurisdiction of any dispute
-arising out of or related to your use of the Services or your breach of these
-Terms.</p>
-<p>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.</p>
-<p>You agree that we may assign any of our rights and/or transfer, sub-contract,
-or delegate any of our obligations under these Terms.</p>
-<p>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.</p>
-<p>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.</p>
-</div>
-<div class="section" id="questions-or-comments">
-<h2>Questions or comments<a class="headerlink" href="#questions-or-comments" title="Permalink to this headline">¶</a></h2>
-<p>We welcome comments, questions, concerns, or suggestions. Please send us a
-message on our contact page at <a class="reference external" href="mailto:legal&#37;&#52;&#48;taler-systems&#46;com">legal<span>&#64;</span>taler-systems<span>&#46;</span>com</a>.</p>
-</div>
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