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-Terms Of Service
-****************
-
-Last Updated: 12.4.2019
-
-Welcome! Taler Systems SA (“we,” “our,” or “us”) provides a 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.
-
-
-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 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.
-
-
-Highlights:
------------
-
- * 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.
-
- * We will try to transfer funds we hold in escrow for 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.
-
- * 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.
-
- * 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 try to 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.
-
-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 legal@taler-systems.com. If you do not agree to this
-Agreement, you must not use our Services.
-
-
-How you accept this policy
-==========================
-
-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.
-
-
-Services
-========
-
-We will try to transfer funds that we hold in escrow for our users to
-any legal recipient to the best of our ability and 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. The Taler Wallet can be loaded by
-exchanging fiat currencies 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 will 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 will only
-refuse to execute transfers if the transfers are prohibited by a
-competent legal authority and we are ordered to do so.
-
-
-Fees
-====
-
-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.
-
-
-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.
-
-
-Financial self-responsibility
-=============================
-
-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.
-
-
-Copyrights and trademarks
-=========================
-
-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 https://www.gnu.org/licenses/gpl-3.0.en.html. “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.
-
-
-Your use of our services
-========================
-
-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@taler-systems.com 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.
-
-
-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 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:
-
-1. user error such as forgotten passwords, incorrectly constructed
- transactions;
-
-2. server failure or data loss;
-
-3. unauthorized access to the Taler Wallet application;
-
-4. bugs or other errors in the Taler Wallet software; and
-
-5. 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.
-
-Any other terms, conditions, warranties, or representations associated
-with such content, are solely between you and such organizations
-and/or individuals.
-
-
-Limitation of liability
-=======================
-
-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:
-
-1. 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:
-
- 1. your use of, or conduct in connection with, our services;
-
- 2. any unauthorized use of your wallet and/or private key due to
- your failure to maintain the confidentiality of your wallet;
-
- 3. any interruption or cessation of transmission to or from the
- services; or
-
- 4. 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
-
-2. 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.
-
-
-Warranty disclaimer
-===================
-
-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
-=========
-
-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.
-
-
-Time limitation on claims
-=========================
-
-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.
-
-
-Governing law
-=============
-
-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 Zurich, Switzerland for exclusive
-jurisdiction of any dispute arising out of or related to your use of
-the Services or your breach of these Terms.
-
-
-Termination
-===========
-
-In the event of termination concerning your use of our Services, your
-obligations under this Agreement will still continue.
-
-
-Discontinuance of services
-==========================
-
-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.
-
-
-No waiver
-=========
-
-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.
-
-
-Severability
-============
-
-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.
-
-
-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.
-
-
-Assignment
-==========
-
-You agree that we may assign any of our rights and/or transfer, sub-
-contract, or delegate any of our obligations under these Terms.
-
-
-Entire agreement
-================
-
-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@taler-systems.com.