exchange-tos-v0.en.rst (16051B)
1 Terms of Service 2 ================ 3 4 Last update: 3.10.2024 5 6 Welcome! Taler Systems SA (“we,” “our,” or “us”) provides a payment service 7 through our Internet presence (collectively the “Services”). Before using our 8 Services, please read the Terms of Service (the “Terms” or the “Agreement”) 9 carefully. 10 11 Overview 12 -------- 13 14 This section provides a brief summary of the highlights of this 15 Agreement. Please note that when you accept this Agreement, you are accepting 16 all of the terms and conditions and not just this section. We and possibly 17 other third parties provide Internet services which interact with the Taler 18 Wallet’s self-hosted personal payment application. When using the Taler Wallet 19 to interact with our Services, you are agreeing to our Terms, so please read 20 carefully. 21 22 Highlights: 23 ----------- 24 25 * 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. 26 27 * 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. 28 29 * 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. 30 31 * You agree to not intentionally overwhelm our systems with requests and follow responsible disclosure if you find security issues in our services. 32 33 * 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. 34 35 These terms outline approved uses of our Services. The Services and these 36 Terms are still at an experimental stage. If you have any questions or 37 comments related to this Agreement, please send us a message to 38 legal@taler-systems.com. If you do not agree to this Agreement, you must not 39 use our Services. 40 41 How you accept this policy 42 -------------------------- 43 44 By sending funds to us (to top-up your Taler Wallet), you acknowledge that you 45 have read, understood, and agreed to these Terms. We reserve the right to 46 change these Terms at any time. If you disagree with the change, we may in the 47 future offer you with an easy option to recover your unspent funds. However, 48 in the current experimental period you acknowledge that this feature is not 49 yet available, resulting in your funds being lost unless you accept the new 50 Terms. If you continue to use our Services other than to recover your unspent 51 funds, your continued use of our Services following any such change will 52 signify your acceptance to be bound by the then current Terms. Please check 53 the effective date above to determine if there have been any changes since you 54 have last reviewed these Terms. 55 56 Services 57 -------- 58 59 We will try to transfer funds that we hold in escrow for our users to any 60 legal recipient to the best of our ability and within the limitations of the 61 law and our implementation. However, the Services offered today are highly 62 experimental and the set of recipients of funds is severely restricted. The 63 Taler Wallet can be loaded by exchanging fiat currencies against electronic 64 coins. We are providing this exchange service. Once your Taler Wallet is 65 loaded with electronic coins they can be spent for purchases if the seller is 66 accepting Taler as a means of payment. We are not guaranteeing that any seller 67 is accepting Taler at all or a particular seller. The seller or recipient of 68 deposits of electronic coins must specify the target account, as per the 69 design of the Taler protocol. They are responsible for following the protocol 70 and specifying the correct bank account, and are solely liable for any losses 71 that may arise from specifying the wrong account. We will allow the government 72 to link wire transfers to the underlying contract hash. It is the 73 responsibility of recipients to preserve the full contracts and to pay 74 whatever taxes and charges may be applicable. Technical issues may lead to 75 situations where we are unable to make transfers at all or lead to incorrect 76 transfers that cannot be reversed. We will only refuse to execute transfers if 77 the transfers are prohibited by a competent legal authority and we are ordered 78 to do so. 79 80 When using our Services, you agree to not take any action that intentionally 81 imposes an unreasonable load on our infrastructure. If you find security 82 problems in our Services, you agree to first report them to 83 security@taler-systems.com and grant us the right to publish your report. We 84 warrant that we will ourselves publicly disclose any issues reported within 3 85 months, and that we will not prosecute anyone reporting security issues if 86 they did not exploit the issue beyond a proof-of-concept, and followed the 87 above responsible disclosure practice. 88 89 Fees 90 ---- 91 92 You agree to pay the fees for exchanges and withdrawals completed via the 93 Taler Wallet ("Fees") as defined by us, which we may change from time to 94 time. With the exception of wire transfer fees, Taler transaction fees are set 95 for any electronic coin at the time of withdrawal and fixed throughout the 96 validity period of the respective electronic coin. Your wallet should obtain 97 and display applicable fees when withdrawing funds. Fees for coins obtained as 98 change may differ from the fees applicable to the original coin. Wire transfer 99 fees that are independent from electronic coins may change annually. You 100 authorize us to charge or deduct applicable fees owed in connection with 101 deposits, exchanges and withdrawals following the rules of the Taler protocol. 102 We reserve the right to provide different types of rewards to users either in 103 the form of discount for our Services or in any other form at our discretion 104 and without prior notice to you. 105 106 Eligibility and Financial self-responsibility 107 --------------------------------------------- 108 109 To be eligible to use our Services, you must be able to form legally binding 110 contracts or have the permission of your legal guardian. By using our 111 Services, you represent and warrant that you meet all eligibility requirements 112 that we outline in these Terms. 113 114 You will be responsible for maintaining the availability, integrity and 115 confidentiality of the data stored in your wallet. When you setup a Taler 116 Wallet, you are strongly advised to follow the precautionary measures offered 117 by the software to minimize the chances to losse access to or control over 118 your Wallet data. We will not be liable for any loss or damage arising from 119 your failure to comply with this paragraph. 120 121 Copyrights and trademarks 122 ------------------------- 123 124 The Taler Wallet is released under the terms of the GNU General Public License 125 (GNU GPL). You have the right to access, use, and share the Taler Wallet, in 126 modified or unmodified form. However, the GPL is a strong copyleft license, 127 which means that any derivative works must be distributed under the same 128 license terms as the original software. If you have any questions, you should 129 review the GNU GPL’s full terms and conditions on the GNU GPL Licenses page 130 (https://www.gnu.org/licenses/). “Taler” itself is a trademark 131 of Taler Systems SA. You are welcome to use the name in relation to processing 132 payments based on the Taler protocol, assuming your use is compatible with an 133 official release from the GNU Project that is not older than two years. 134 135 Limitation of liability & disclaimer of warranties 136 -------------------------------------------------- 137 138 You understand and agree that we have no control over, and no duty to take any 139 action regarding: Failures, disruptions, errors, or delays in processing that 140 you may experience while using our Services; The risk of failure of hardware, 141 software, and Internet connections; The risk of malicious software being 142 introduced or found in the software underlying the Taler Wallet; The risk that 143 third parties may obtain unauthorized access to information stored within your 144 Taler Wallet, including, but not limited to your Taler Wallet coins or backup 145 encryption keys. You release us from all liability related to any losses, 146 damages, or claims arising from: 147 148 1) user error such as forgotten passwords, incorrectly constructed transactions; 149 2) server failure or data loss; 150 3) unauthorized access to the Taler Wallet application; 151 4) bugs or other errors in the Taler Wallet software; and 152 5) any unauthorized third party activities, including, but not limited to, the use of 153 viruses, phishing, brute forcing, or other means of attack against the Taler Wallet. We make no 154 representations concerning any Third Party Content contained in or accessed through our Services. 155 156 Any other terms, conditions, warranties, or representations associated with 157 such content, are solely between you and such organizations and/or individuals. 158 159 To the fullest extent permitted by applicable law, in no event will we or any 160 of our officers, directors, representatives, agents, servants, counsel, 161 employees, consultants, lawyers, and other personnel authorized to act, 162 acting, or purporting to act on our behalf (collectively the “Taler Parties”) 163 be liable to you under contract, tort, strict liability, negligence, or any 164 other legal or equitable theory, for: 165 166 1) any direct damages or 167 2) any lost profits, data loss, cost of procurement of substitute goods or services, or 168 direct, indirect, incidental, special, punitive, compensatory, or consequential damages of any kind 169 whatsoever resulting from: 170 171 * your use of, or conduct in connection with, our services; 172 * any unauthorized use of your wallet and/or private key due to your failure to maintain the confidentiality of your wallet; 173 * any interruption or cessation of transmission to or from the services; or 174 * any bugs, viruses, trojan horses, or the like that are found in the Taler Wallet software 175 or that may be transmitted to or through our services by any third party (regardless of the source of origination). 176 177 These limitations apply regardless of legal theory, whether based on tort, 178 strict liability, breach of contract, breach of warranty, or any other legal 179 theory, and whether or not we were advised of the possibility of such 180 damages. Some jurisdictions do not allow the exclusion or limitation of 181 liability for consequential or incidental damages, so the above limitation may 182 not apply to you. 183 184 Our services are provided "as is" and without warranty of any kind. To the 185 maximum extent permitted by law, we disclaim all representations and 186 warranties, express or implied, relating to the services and underlying 187 software or any content on the services, whether provided or owned by us or by 188 any third party, including without limitation, warranties of merchantability, 189 fitness for a particular purpose, title, non-infringement, freedom from 190 computer virus, and any implied warranties arising from course of dealing, 191 course of performance, or usage in trade, all of which are expressly 192 disclaimed. In addition, we do not represent or warrant that the content 193 accessible via the services is accurate, complete, available, current, free of 194 viruses or other harmful components, or that the results of using the services 195 will meet your requirements. Some states do not allow the disclaimer of 196 implied warranties, so the foregoing disclaimers may not apply to you. This 197 paragraph gives you specific legal rights and you may also have other legal 198 rights that vary from state to state. 199 200 Indemnity and Time limitation on claims and Termination 201 ------------------------------------------------------- 202 203 To the extent permitted by applicable law, you agree to defend, indemnify, and 204 hold harmless the Taler Parties from and against any and all claims, damages, 205 obligations, losses, liabilities, costs or debt, and expenses (including, but 206 not limited to, attorney’s fees) arising from: 207 (a) your use of and access to the Services; 208 (b) any feedback or submissions you provide to us concerning the Taler Wallet; 209 (c) your violation of any term of this Agreement; or 210 (d) your violation of any law, rule, or regulation, or the rights of any third party. 211 212 You agree that any claim you may have arising out of or related to your 213 relationship with us must be filed within one year after such claim arises, 214 otherwise, your claim in permanently barred. 215 216 In the event of termination concerning your use of our Services, your 217 obligations under this Agreement will still continue. 218 219 220 Discontinuance of services and Force majeure 221 -------------------------------------------- 222 223 We may, in our sole discretion and without cost to you, with or without prior 224 notice, and at any time, modify or discontinue, temporarily or permanently, 225 any portion of our Services. We will use the Taler protocol’s provisions to 226 notify Wallets if our Services are to be discontinued. It is your 227 responsibility to ensure that the Taler Wallet is online at least once every 228 three months to observe these notifications. We shall not be held responsible 229 or liable for any loss of funds in the event that we discontinue or depreciate 230 the Services and your Taler Wallet fails to transfer out the coins within a 231 three months notification period. 232 233 We shall not be held liable for any delays, failure in performance, or 234 interruptions of service which result directly or indirectly from any cause or 235 condition beyond our reasonable control, including but not limited to: any 236 delay or failure due to any act of God, act of civil or military authorities, 237 act of terrorism, civil disturbance, war, strike or other labor dispute, fire, 238 interruption in telecommunications or Internet services or network provider 239 services, failure of equipment and/or software, other catastrophe, or any 240 other occurrence which is beyond our reasonable control and shall not affect 241 the validity and enforceability of any remaining provisions. 242 243 Governing law, Waivers, Severability and Assignment 244 --------------------------------------------------- 245 246 No matter where you’re located, the laws of Switzerland will govern these 247 Terms. If any provisions of these Terms are inconsistent with any applicable 248 law, those provisions will be superseded or modified only to the extent such 249 provisions are inconsistent. The parties agree to submit to the ordinary 250 courts in Zurich, Switzerland for exclusive jurisdiction of any dispute 251 arising out of or related to your use of the Services or your breach of these 252 Terms. 253 254 Our failure to exercise or delay in exercising any right, power, or privilege 255 under this Agreement shall not operate as a waiver; nor shall any single or 256 partial exercise of any right, power, or privilege preclude any other or 257 further exercise thereof. 258 259 You agree that we may assign any of our rights and/or transfer, sub-contract, 260 or delegate any of our obligations under these Terms. 261 262 If it turns out that any part of this Agreement is invalid, void, or for any 263 reason unenforceable, that term will be deemed severable and limited or 264 eliminated to the minimum extent necessary. 265 266 This Agreement sets forth the entire understanding and agreement as to the 267 subject matter hereof and supersedes any and all prior discussions, 268 agreements, and understandings of any kind (including, without limitation, any 269 prior versions of this Agreement) and every nature between us. Except as 270 provided for above, any modification to this Agreement must be in writing and 271 must be signed by both parties. 272 273 Questions or comments 274 --------------------- 275 276 We welcome comments, questions, concerns, or suggestions. Please send us a 277 message on our contact page at legal@taler-systems.com.