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diff --git a/contrib/tos/en/0.txt b/contrib/tos/en/0.txt index 5a5ee1b9a..9b512f013 100644 --- a/contrib/tos/en/0.txt +++ b/contrib/tos/en/0.txt @@ -1,295 +1,381 @@ -Terms Of Service - Last Updated: 12.4.2019 +Terms Of Service +**************** -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. +Last Updated: 12.4.2019 -OVERVIEW +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. +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 +----------- + + * 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: - -(a) user error such as forgotten passwords, incorrectly constructed - transactions; -(b) server failure or data loss; -(c) unauthorized access to the Taler Wallet application; -(d) bugs or other errors in the Taler Wallet 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 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: - -(a) 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: - (i) your use of, or conduct in connection with, our services; - (ii) any unauthorized use of your wallet and/or private key due to your - failure to maintain the confidentiality of your wallet; - (iii) any interruption or cessation of transmission to or from the services; or - (iv) 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 -(b) 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 +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. + + +Indemntiy +========= + +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. +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 +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. +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. +Severability +============ -FORCE MAJEURE +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 +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. +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 +================ -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. -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 +Questions or comments +===================== -We welcome comments, questions, concerns, or suggestions. Please send us a -message on our contact page at legal@taler-systems.com. +We welcome comments, questions, concerns, or suggestions. Please send +us a message on our contact page at legal@taler-systems.com. |