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+<?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\ &amp;\ disclaimer\ of\ warranties">
+ <title>Limitation of liability &amp; 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="indemntiy" names="indemntiy">
+ <title>Indemntiy</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>