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diff --git a/contrib/tos/en/0.docx b/contrib/tos/en/0.docx Binary files differdeleted file mode 100644 index 31c7022d3..000000000 --- a/contrib/tos/en/0.docx +++ /dev/null diff --git a/contrib/tos/en/0.epub b/contrib/tos/en/0.epub Binary files differnew file mode 100644 index 000000000..a6c7860bd --- /dev/null +++ b/contrib/tos/en/0.epub diff --git a/contrib/tos/en/0.html b/contrib/tos/en/0.html index ea81db07a..2c8000c35 100644 --- a/contrib/tos/en/0.html +++ b/contrib/tos/en/0.html @@ -1,364 +1,337 @@ -<!DOCTYPE HTML PUBLIC "-//W3C//DTD HTML 4.0 Transitional//EN"> -<html> -<head> - <meta http-equiv="content-type" content="text/html; charset=utf-8"/> - <title></title> - <meta name="author" content="Michael Widmer"/> - <meta name="created" content="2019-12-01T07:06:00"/> - <meta name="changed" content="2019-12-04T00:01:19.809905379"/> -</head> -<body lang="en"> -<h1>Terms Of Service - Last Updated: 12.4.2019</h1> -<p> - Welcome! Taler Systems SA (“we,” “our,” or “us”) provides a payment service + +<html xmlns="http://www.w3.org/1999/xhtml" lang="en"> + <head> + <meta http-equiv="X-UA-Compatible" content="IE=Edge" /> + <meta http-equiv="Content-Type" content="text/html; charset=utf-8" /> + <title>Terms Of Service — Taler Terms of Service</title> + <link rel="stylesheet" href="_static/epub.css" type="text/css" /> + <link rel="stylesheet" href="_static/pygments.css" type="text/css" /> + <script type="text/javascript" id="documentation_options" data-url_root="./" src="_static/documentation_options.js"></script> + <script type="text/javascript" src="_static/jquery.js"></script> + <script type="text/javascript" src="_static/underscore.js"></script> + <script type="text/javascript" src="_static/doctools.js"></script> + <script type="text/javascript" src="_static/language_data.js"></script> + </head><body> + + <div class="document"> + <div class="documentwrapper"> + <div class="bodywrapper"> + <div class="body" role="main"> + + <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: 12.4.2019</p> +<p>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. -</p> -<h2>Overview</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> -<p>Highlights: -<ul> - <li>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. - <li>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. - <li>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. - <li>You - agree to not intentionally overwhelm our systems with requests and - follow responsible disclosure if you find security issues in our - services. - <li>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. -</ul></p> -<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 -legal@taler-systems.com. If you do not agree to this Agreement, you -must not use our Services. -</p> -<h2>How you accept this policy</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> -<h2>Services</h2> -<p>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.</p> -<p>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.</p> -<p>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.</p> -<p lang="en" class="western" style="margin-bottom: 0.19in; line-height: 100%"> -<br/> -<br/> - -</p> -<h2>FEES</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. -</p> -<p>You -authorize us to charge or deduct applicable fees owed in connection -with deposits, exchanges and withdrawals following the rules of the -Taler protocol.</p> -<p>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> -<h2>ELIGIBILITY</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>FINANCIAL SELF-RESPONSIBILITY</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> -<h2>COPYRIGHTS and TRADEMARKS</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 https://www.gnu.org/licenses/gpl-3.0.en.html. -</p> -<p>"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> -<h2>YOUR USE OF OUR SERVICES</h2> -<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 href="mailto:security@taler-systems.com">security@taler-systems.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> -<h2>LIMITATION OF LIABILITY & DISCLAIMER OF WARRANTIES</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. -</p> -<p>You -release us from all liability related to any losses, damages, or -claims arising from: - <ol> - <li>user error such as forgotten passwords, incorrectly constructed +carefully.</p> +<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>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.</li> +<li>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.</li> +<li>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.</li> +<li>You agree to not intentionally overwhelm our systems with requests and +follow responsible disclosure if you find security issues in our services.</li> +<li>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.</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:legal%40taler-systems.com">legal<span>@</span>taler-systems<span>.</span>com</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 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.</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"> +<h2>Eligibility<a class="headerlink" href="#eligibility" 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> +</div> +<div class="section" id="financial-self-responsibility"> +<h2>Financial self-responsibility<a class="headerlink" href="#financial-self-responsibility" title="Permalink to this headline">¶</a></h2> +<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="your-use-of-our-services"> +<h2>Your use of our services<a class="headerlink" href="#your-use-of-our-services" title="Permalink to this headline">¶</a></h2> +<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%40taler-systems.com">security<span>@</span>taler-systems<span>.</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="limitation-of-liability-disclaimer-of-warranties"> +<h2>Limitation of liability & 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>user error such as forgotten passwords, incorrectly constructed transactions;</li> - <li>server failure or data loss;</li> - <li>unauthorized access to the Taler Wallet application;</li> - <li>bugs or other errors in the Taler Wallet software; and</li> - <li>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.</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> -<h2>LIMITATION OF LIABILITY</h2> -</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: - <ol> - <li> -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: -<ol> - <li> - your use of, or conduct in connection with, our services;</li> - <li> -any unauthorized use of your wallet and/or private key due to your +<li>server failure or data loss;</li> +<li>unauthorized access to the Taler Wallet application;</li> +<li>bugs or other errors in the Taler Wallet software; and</li> +<li>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.</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> +</div> +<div class="section" id="limitation-of-liability"> +<h2>Limitation of liability<a class="headerlink" href="#limitation-of-liability" title="Permalink to this headline">¶</a></h2> +<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>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:</li> +</ol> +<blockquote> +<div><ol class="lowerroman simple"> +<li>your use of, or conduct in connection with, our services;</li> +<li>any unauthorized use of your wallet and/or private key due to your failure to maintain the confidentiality of your wallet;</li> - <li>any interruption or cessation of transmission to or from the - services; or</li> - <li>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)</li> +<li>any interruption or cessation of transmission to or from the services; or</li> +<li>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</li> </ol> - <li>or any direct damages.</li> +</div></blockquote> +<ol class="loweralpha simple" start="2"> +<li>any direct damages.</li> </ol> -</p> -<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> -<h2>WARRANTY DISCLAIMER</h2> -<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, +<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> +</div> +<div class="section" id="warranty-disclaimer"> +<h2>Warranty disclaimer<a class="headerlink" href="#warranty-disclaimer" title="Permalink to this headline">¶</a></h2> +<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> - -<h2>INDEMNITY</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> -<h2>TIME LIMITATION ON CLAIMS</h2> -<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> -<h2>GOVERNING LAW</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 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. -</p> -<h2>TERMINATION</h2> -<p> -the event of termination concerning your use of our Services, your -obligations under this Agreement will still continue. -</p> -<h2>DISCONTINUANCE OF SERVICES</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> -<h2>NO WAIVER</h2> -<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> -<h2>SEVERABILITY</h2> -<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> -<h2>FORCE MAJEURE</h2> -<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> -<h2>ASSIGNMENT</h2> -<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> -<h2>ENTIRE AGREEMENT</h2> -<p>This -Agreement sets forth the entire understanding and agreement as to the +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="indemntiy"> +<h2>Indemntiy<a class="headerlink" href="#indemntiy" 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> +</div> +<div class="section" id="time-limitation-on-claims"> +<h2>Time limitation on claims<a class="headerlink" href="#time-limitation-on-claims" title="Permalink to this headline">¶</a></h2> +<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> +</div> +<div class="section" id="governing-law"> +<h2>Governing law<a class="headerlink" href="#governing-law" 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 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.</p> +</div> +<div class="section" id="termination"> +<h2>Termination<a class="headerlink" href="#termination" title="Permalink to this headline">¶</a></h2> +<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"> +<h2>Discontinuance of services<a class="headerlink" href="#discontinuance-of-services" 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> +</div> +<div class="section" id="no-waiver"> +<h2>No waiver<a class="headerlink" href="#no-waiver" title="Permalink to this headline">¶</a></h2> +<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> +</div> +<div class="section" id="severability"> +<h2>Severability<a class="headerlink" href="#severability" title="Permalink to this headline">¶</a></h2> +<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> +</div> +<div class="section" id="force-majeure"> +<h2>Force majeure<a class="headerlink" href="#force-majeure" title="Permalink to this headline">¶</a></h2> +<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="assignment"> +<h2>Assignment<a class="headerlink" href="#assignment" title="Permalink to this headline">¶</a></h2> +<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> +</div> +<div class="section" id="entire-agreement"> +<h2>Entire agreement<a class="headerlink" href="#entire-agreement" title="Permalink to this headline">¶</a></h2> +<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> -<h2>QUESTIONS OR COMMENTS</h2> -<p>We -welcome comments, questions, concerns, or suggestions. Please send us -a message on our contact page at <tt>legal@taler-systems.com</tt>. -</p> -</body> -</html> +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%40taler-systems.com">legal<span>@</span>taler-systems<span>.</span>com</a>.</p> +</div> +</div> + + + </div> + </div> + </div> + <div class="clearer"></div> + </div> + </body> +</html>
\ No newline at end of file diff --git a/contrib/tos/en/0.pdf b/contrib/tos/en/0.pdf Binary files differnew file mode 100644 index 000000000..972b91b93 --- /dev/null +++ b/contrib/tos/en/0.pdf 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. diff --git a/contrib/tos/en/0.xml b/contrib/tos/en/0.xml new file mode 100644 index 000000000..45871ead4 --- /dev/null +++ b/contrib/tos/en/0.xml @@ -0,0 +1,344 @@ +<?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="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> |