commit 26e7c86b255e44962246ab3addc4d25cb5b24ad9
parent 1f6ad356ad03c84175bac4f4de056320ca33c1d6
Author: Stefan Kügel <stefan.kuegel@taler.net>
Date: Fri, 21 Nov 2025 11:46:57 +0100
Terms of service for the Taler Merchant Backend v0
Diffstat:
1 file changed, 113 insertions(+), 0 deletions(-)
diff --git a/contrib/merchant_tos_tops_v0.en.rst b/contrib/merchant_tos_tops_v0.en.rst
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+Terms of Service of the Taler Merchant Backend
+==============================================
+
+Last update: December 2025
+
+These Terms of Service (hereinafter **ToS**) regulate the rights and obligations of users of the Taler Merchant
+Backend (hereinafter **service**) provided by Taler Operations AG, Biel/Bienne (hereinafter **TOPS**) on the domain
+https://www.my.taler-ops.ch.
+
+The service enables users (sellers, merchants, beneficiaries) to configure and manage settlement with the payment system
+based on GNU Taler which is also provided by TOPS. Users automatically accept these ToS and their updates by using the
+service.
+
+The service is free software under the terms of the GNU General Public License as published by the Free Software
+Foundation, either version 3 or (at your option) any later version, for more details see http://www.gnu.org/licenses/.
+
+The service is in public beta, complies with the legal conditions of the Swiss Sandbox regulatory framework, and is
+offered to the best of our knowledge and belief. It will be further developed over time and distributed in the hope that
+it will be useful, but WITHOUT ANY WARRANTY, including, but not limited to, the implied warranties of MERCHANTABILITY or
+FITNESS FOR A PARTICULAR PURPOSE. The service is provided ‘as is’ and ‘as available’.
+
+
+Disclaimer of warranty
+----------------------
+
+TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE IS AT
+YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. THE
+SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND.
+
+
+Limitation of liability
+-----------------------
+
+TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL TALER BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL,
+SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
+PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO
+THESE TERMS, YOUR USE OR INABILITY TO USE THE SERVICE.
+
+
+Legal and regulatory requirements
+---------------------------------
+
+In order to use the service, users are required to use Swiss bank accounts exclusively and to support TOPS in
+complying with legal and regulatory requirements. TOPS complies with all applicable anti-money laundering (AML) and
+know-your-customer (KYC) regulations.
+
+
+Data protection
+---------------
+
+TOPS will ensure that all user data is processed in accordance with Swiss privacy laws, including the new Swiss Data
+Protection Act (nFADP) and the Ordinance on Data Protection (DPO).
+
+TOPS will never share user data with third parties or let third parties process user data. All data managed with the
+service is stored in Switzerland or countries eligible for storing data according to the aforementioned Swiss laws on
+data protection which especially include cross-boarder data exchange between Switzerland and Germany. No data exchange
+happens to countries outside the European Union.
+
+Technically, no relation between a person and the purchase can be established with the data collected in the service.
+The user can store payers' data for delivery purposes in the service including but not limited to shipping addresses,
+while names of payers are not foreseen to be saved by the service as provided by TOPS. The user is therefore obliged to
+keep confidential personal data entered by the user into the service at any moment in time.
+
+Other terms of service apply to other parts of the Taler payment system, in particular to Taler wallets that are not
+expressly covered by the present ToS applicable to this service.
+
+
+Prices
+------
+
+TOPS will not charge costs at any time for using the service offered on https://www.my.taler-ops.ch.
+
+
+Transaction fees
+----------------
+
+The user may decide to cover transaction fees. Depending on the configuration of the service under ‘Settings’, the
+transaction fees may be passed on in full to the payers.
+
+The default wire transfer delay can be configured in the settings of the service to delay wire transfers with
+aggregated revenues to the user's bank account to accomodate fees for wire transfers.
+
+All transaction fees are subject to the fee schedule published by the Taler Exchange run by TOPS.
+
+
+Limits
+------
+
+The user is not obliged to verify the payer's identity, but transactions exceeding CHF 1,000 per payer are not
+permitted.
+
+There are transaction limits of CHF 2'500 per month and CHF 15'000 per calendar year for accepting e-money
+from the payment system wired to the user's bank account.
+
+The obligations of the Money Laundering Act apply from CHF 5,000 per month or CHF 15,000 per year. As soon as a user
+exceeds these limits, a know-your-business (KYC) process is initiated and a permanent business relationship between the
+user and TOPS is established by mutual agreement.
+
+
+Applicable law and place of jurisdiction
+----------------------------------------
+
+To the extent permitted by law, all legal relationships between TOPS and users shall be governed exclusively by
+substantive Swiss law, excluding conflict of laws and international treaties. Subject to any mandatory statutory
+provisions to the contrary, Biel is the exclusive place of jurisdiction and the place of performance. For users of the
+service domiciled outside Switzerland, Biel/Bienne is also the place of debt collection.
+
+
+Contact
+-------
+
+If you have any questions or concerns regarding these ToS or the service, you can contact us by post at
+Taler Operations AG, Höheweg 80, 2502 Biel.
