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diff --git a/contrib/tos/en/0.xml b/contrib/tos/en/0.xml deleted file mode 100644 index 75974dc4d..000000000 --- a/contrib/tos/en/0.xml +++ /dev/null @@ -1,344 +0,0 @@ -<?xml version="1.0" encoding="utf-8"?> -<!DOCTYPE document PUBLIC "+//IDN docutils.sourceforge.net//DTD Docutils Generic//EN//XML" "http://docutils.sourceforge.net/docs/ref/docutils.dtd"> -<!-- Generated by Docutils 0.14 --> -<document source="/home/grothoff/research/taler/exchange/contrib/tos/tos.rst"> - <section ids="terms-of-service" names="terms\ of\ service"> - <title>Terms Of Service</title> - <paragraph>Last Updated: 12.4.2019</paragraph> - <paragraph>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.</paragraph> - <section ids="overview" names="overview"> - <title>Overview</title> - <paragraph>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.</paragraph> - <section ids="highlights" names="highlights:"> - <title>Highlights:</title> - <block_quote> - <bullet_list bullet="•"> - <list_item> - <paragraph>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.</paragraph> - </list_item> - <list_item> - <paragraph>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.</paragraph> - </list_item> - <list_item> - <paragraph>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.</paragraph> - </list_item> - <list_item> - <paragraph>You agree to not intentionally overwhelm our systems with requests and - follow responsible disclosure if you find security issues in our services.</paragraph> - </list_item> - <list_item> - <paragraph>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.</paragraph> - </list_item> - </bullet_list> - </block_quote> - <paragraph>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 - <reference refuri="mailto:legal@taler-systems.com">legal@taler-systems.com</reference>. If you do not agree to this Agreement, you must not - use our Services.</paragraph> - </section> - </section> - <section ids="how-you-accept-this-policy" names="how\ you\ accept\ this\ policy"> - <title>How you accept this policy</title> - <paragraph>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.</paragraph> - </section> - <section ids="services" names="services"> - <title>Services</title> - <paragraph>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.</paragraph> - </section> - <section ids="fees" names="fees"> - <title>Fees</title> - <paragraph>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.</paragraph> - </section> - <section ids="eligibility" names="eligibility"> - <title>Eligibility</title> - <paragraph>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.</paragraph> - </section> - <section ids="financial-self-responsibility" names="financial\ self-responsibility"> - <title>Financial self-responsibility</title> - <paragraph>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.</paragraph> - </section> - <section ids="copyrights-and-trademarks" names="copyrights\ and\ trademarks"> - <title>Copyrights and trademarks</title> - <paragraph>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 - <reference refuri="https://www.gnu.org/licenses/gpl-3.0.en.html">https://www.gnu.org/licenses/gpl-3.0.en.html</reference>. “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.</paragraph> - </section> - <section ids="your-use-of-our-services" names="your\ use\ of\ our\ services"> - <title>Your use of our services</title> - <paragraph>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 - <reference refuri="mailto:security@taler-systems.com">security@taler-systems.com</reference> 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.</paragraph> - </section> - <section ids="limitation-of-liability-disclaimer-of-warranties" names="limitation\ of\ liability\ &\ disclaimer\ of\ warranties"> - <title>Limitation of liability & disclaimer of warranties</title> - <paragraph>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:</paragraph> - <enumerated_list enumtype="loweralpha" prefix="(" suffix=")"> - <list_item> - <paragraph>user error such as forgotten passwords, incorrectly constructed - transactions;</paragraph> - </list_item> - <list_item> - <paragraph>server failure or data loss;</paragraph> - </list_item> - <list_item> - <paragraph>unauthorized access to the Taler Wallet application;</paragraph> - </list_item> - <list_item> - <paragraph>bugs or other errors in the Taler Wallet software; and</paragraph> - </list_item> - <list_item> - <paragraph>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.</paragraph> - </list_item> - </enumerated_list> - <paragraph>Any other terms, conditions, warranties, or representations associated with - such content, are solely between you and such organizations and/or - individuals.</paragraph> - </section> - <section ids="limitation-of-liability" names="limitation\ of\ liability"> - <title>Limitation of liability</title> - <paragraph>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:</paragraph> - <enumerated_list enumtype="loweralpha" prefix="(" suffix=")"> - <list_item> - <paragraph>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:</paragraph> - </list_item> - </enumerated_list> - <block_quote> - <enumerated_list enumtype="lowerroman" prefix="(" suffix=")"> - <list_item> - <paragraph>your use of, or conduct in connection with, our services;</paragraph> - </list_item> - <list_item> - <paragraph>any unauthorized use of your wallet and/or private key due to your - failure to maintain the confidentiality of your wallet;</paragraph> - </list_item> - <list_item> - <paragraph>any interruption or cessation of transmission to or from the services; or</paragraph> - </list_item> - <list_item> - <paragraph>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</paragraph> - </list_item> - </enumerated_list> - </block_quote> - <enumerated_list enumtype="loweralpha" prefix="(" start="2" suffix=")"> - <list_item> - <paragraph>any direct damages.</paragraph> - </list_item> - </enumerated_list> - <paragraph>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.</paragraph> - </section> - <section ids="warranty-disclaimer" names="warranty\ disclaimer"> - <title>Warranty disclaimer</title> - <paragraph>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.</paragraph> - </section> - <section ids="indemnity" names="indemnity"> - <title>Indemnity</title> - <paragraph>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.</paragraph> - </section> - <section ids="time-limitation-on-claims" names="time\ limitation\ on\ claims"> - <title>Time limitation on claims</title> - <paragraph>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.</paragraph> - </section> - <section ids="governing-law" names="governing\ law"> - <title>Governing law</title> - <paragraph>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.</paragraph> - </section> - <section ids="termination" names="termination"> - <title>Termination</title> - <paragraph>In the event of termination concerning your use of our Services, your - obligations under this Agreement will still continue.</paragraph> - </section> - <section ids="discontinuance-of-services" names="discontinuance\ of\ services"> - <title>Discontinuance of services</title> - <paragraph>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.</paragraph> - </section> - <section ids="no-waiver" names="no\ waiver"> - <title>No waiver</title> - <paragraph>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.</paragraph> - </section> - <section ids="severability" names="severability"> - <title>Severability</title> - <paragraph>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.</paragraph> - </section> - <section ids="force-majeure" names="force\ majeure"> - <title>Force majeure</title> - <paragraph>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.</paragraph> - </section> - <section ids="assignment" names="assignment"> - <title>Assignment</title> - <paragraph>You agree that we may assign any of our rights and/or transfer, sub-contract, - or delegate any of our obligations under these Terms.</paragraph> - </section> - <section ids="entire-agreement" names="entire\ agreement"> - <title>Entire agreement</title> - <paragraph>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.</paragraph> - </section> - <section ids="questions-or-comments" names="questions\ or\ comments"> - <title>Questions or comments</title> - <paragraph>We welcome comments, questions, concerns, or suggestions. Please send us a - message on our contact page at <reference refuri="mailto:legal@taler-systems.com">legal@taler-systems.com</reference>.</paragraph> - </section> - </section> -</document> |