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1 Terms Of Service 2 **************** 3 4 Last Updated: 07.09.2021 5 6 Welcome! Anastasis SARL (“we,” “our,” or “us”) provides a distributed 7 privacy-preserving backup and recovery service for key material 8 through our Internet presence (collectively the “Services”). Before 9 using our Services, please read the Terms of Service (the “Terms” or 10 the “Agreement”) carefully. 11 12 13 Overview 14 ======== 15 16 This section provides a brief summary of the highlights of this 17 Agreement. Please note that when you accept this Agreement, you are 18 accepting all of the terms and conditions and not just this section. 19 We and possibly other third parties provide Internet services which 20 interact with the Anastasis key backup and recovery application. When 21 using an application to interact with our Services, you are agreeing 22 to our Terms, so please read carefully. 23 24 25 Highlights: 26 ----------- 27 28 * You are responsible for selecting authentication methods and 29 policies that are adequate to protect your key material. Any 30 losses arising from you not being able to satisfy the selected 31 authentication challenges or third parties being able 32 successfully pass the challenges are your problem. 33 34 * We will store your encrypted key shares and disclose them upon 35 successful authentication to the best of our ability within the 36 limitations of the law and our implementation. Our liability will 37 be limited to the liability limit exposed in the protocol. 38 39 * For our Services, we may charge various fees. The specific fee 40 structure is provided based on the Anastasis protocol and should 41 be shown to you when you use an application to interact with our 42 services. You agree and understand that the Anastasis protocol 43 allows for the fee structure to change. 44 45 * You agree to not intentionally overwhelm our systems with 46 requests and follow responsible disclosure if you find security 47 issues in our services. 48 49 * We cannot be held accountable for our Services not being 50 available due to circumstances beyond our control. If we modify 51 or terminate our services, we will announce this and ensure that 52 you can recover your key material for at least one year before we 53 completely terminate the Service. 54 55 These terms outline approved uses of our Services. If you have any 56 questions or comments related to this Agreement, please send us a 57 message to legal@anastasis.lu. If you do not agree to this Agreement, 58 you must not use our Services. 59 60 61 How you accept this policy 62 ========================== 63 64 By using our API (typically via an Anastasis-enabled application), you 65 acknowledge that you have read, understood, and agreed to these Terms. 66 We reserve the right to change these Terms at any time. If you 67 disagree with the change, you must simply stop using our APIs. Your 68 continued use of our Services following any such change will signify 69 your acceptance to be bound by the then current Terms. Please check 70 the effective date above to determine if there have been any changes 71 since you have last reviewed these Terms. 72 73 74 Services 75 ======== 76 77 We will store your encrypted key shares (and the associated encrypted 78 recovery policy document) to the best of our ability and within the 79 limitations of the implementation. We will disclose the key shares 80 only after the specific authentication challenge has been passed. We 81 will rate-limit the use of the authentication APIs to limit brute- 82 force attacks. 83 84 We are not guaranteeing that the authentication procedures are 85 effective. Other parties may be able to intercept authentication 86 messages, or you may not be able to receive these messages anymore. 87 You are responsible for choosing safe authentication methods with 88 sufficient security. 89 90 When using our Services, you agree to not take any action that 91 intentionally imposes an unreasonable load on our infrastructure. If 92 you find security problems in our Services, you agree to first report 93 them to security@anastasis.lu and grant us the right to publish your 94 report. We warrant that we will ourselves publicly disclose any issues 95 reported within 1 month, and that we will not prosecute anyone 96 reporting security issues if they did not exploit the issue beyond a 97 proof-of-concept, and followed the above responsible disclosure 98 practice. 99 100 101 Fees 102 ==== 103 104 You agree to pay the fees for backup and recovery operations ("Fees") 105 as defined by us, which we may change from time to time. Your 106 Anastasis client should obtain and display applicable fees during 107 backup and recovery. 108 109 110 Eligibility 111 =========== 112 113 To be eligible to use our Services, you must be able to form legally 114 binding contracts or have the permission of your legal guardian. By 115 using our Services, you represent and warrant that you meet all 116 eligibility requirements that we outline in these Terms. 117 118 119 Copyrights and trademarks 120 ========================= 121 122 The Anastasis software is released under the terms of the GNU Affero 123 General Public License (GNU AGPLv3+). You have the right to access, 124 use, and share the Anastasis application, in modified or unmodified 125 form. However, the Affero GPL is a strong copyleft license, which 126 means that any derivative works must be distributed under the same 127 license terms as the original software. If you have any questions, you 128 should review the GNU AGPL’s full terms and conditions at 129 https://www.gnu.org/licenses/agpl-3.0.en.html. “Anastasis” itself is 130 a trademark of Anastasis SARL. You are welcome to use the name in 131 relation to implementations of the Anastasis protocol, assuming your 132 use is compatible with an official release from the GNU Project that 133 is not older than two years. 134 135 136 Limitation of liability & disclaimer of warranties 137 ================================================== 138 139 You understand and agree that we have no control over, and no duty to 140 take any action regarding: Failures, disruptions, errors, or delays in 141 processing that you may experience while using our Services; The risk 142 of failure of hardware, software, and Internet connections; The risk 143 of malicious software being introduced or found in the software 144 underlying the Anastasis implementation. You release us from all 145 liability related to any losses, damages, or claims arising from: 146 147 1. user error such as forgotten security answers or loss of control 148 over accounts used for authentication; 149 150 (b) server failure or data loss; (d) bugs or other errors in the 151 Anastasis client software; and (e) any unauthorized third party 152 activities, including, but not limited to, 153 154 the use of viruses, phishing, brute forcing, or other means of 155 attack against the Anastasis client. We make no representations 156 concerning any Third Party Content contained in or accessed through 157 our Services. 158 159 Any other terms, conditions, warranties, or representations associated 160 with such content, are solely between you and such organizations 161 and/or individuals. 162 163 To the fullest extent permitted by applicable law, in no event will we 164 or any of our officers, directors, representatives, agents, servants, 165 counsel, employees, consultants, lawyers, and other personnel 166 authorized to act, acting, or purporting to act on our behalf 167 (collectively the “Anastasis Parties”) be liable to you under 168 contract, tort, strict liability, negligence, or any other legal or 169 equitable theory, for: 170 171 1. any lost profits, data loss, cost of procurement of substitute 172 goods or services, or direct, indirect, incidental, special, 173 punitive, compensatory, or consequential damages of any kind 174 whatsoever resulting from: 175 176 1. your use of, or conduct in connection with, our services; 177 178 2. any unauthorized use of your wallet and/or private key due to 179 your failure to maintain the confidentiality of your wallet; 180 181 3. any interruption or cessation of transmission to or from the 182 services; or 183 184 4. any bugs, viruses, trojan horses, or the like that are found in 185 the Taler Wallet software or that may be transmitted to or 186 through our services by any third party (regardless of the 187 source of origination), or 188 189 2. any direct damages. 190 191 These limitations apply regardless of legal theory, whether based on 192 tort, strict liability, breach of contract, breach of warranty, or any 193 other legal theory, and whether or not we were advised of the 194 possibility of such damages. Some jurisdictions do not allow the 195 exclusion or limitation of liability for consequential or incidental 196 damages, so the above limitation may not apply to you. 197 198 Our services are provided "as is" and without warranty of any kind. To 199 the maximum extent permitted by law, we disclaim all representations 200 and warranties, express or implied, relating to the services and 201 underlying software or any content on the services, whether provided 202 or owned by us or by any third party, including without limitation, 203 warranties of merchantability, fitness for a particular purpose, 204 title, non-infringement, freedom from computer virus, and any implied 205 warranties arising from course of dealing, course of performance, or 206 usage in trade, all of which are expressly disclaimed. In addition, we 207 do not represent or warrant that the content accessible via the 208 services is accurate, complete, available, current, free of viruses or 209 other harmful components, or that the results of using the services 210 will meet your requirements. Some states do not allow the disclaimer 211 of implied warranties, so the foregoing disclaimers may not apply to 212 you. This paragraph gives you specific legal rights and you may also 213 have other legal rights that vary from state to state. 214 215 216 Indemnity and Time limitation on claims and Termination 217 ======================================================= 218 219 To the extent permitted by applicable law, you agree to defend, 220 indemnify, and hold harmless the Anastasis Parties from and against 221 any and all claims, damages, obligations, losses, liabilities, costs 222 or debt, and expenses (including, but not limited to, attorney’s fees) 223 arising from: (a) your use of and access to the Services; (b) any 224 feedback or submissions you provide to us concerning the Anastasis 225 software; (c) your violation of any term of this Agreement; or (d) 226 your violation of any law, rule, or regulation, or the rights of any 227 third party. 228 229 You agree that any claim you may have arising out of or related to 230 your relationship with us must be filed within one year after such 231 claim arises, otherwise, your claim in permanently barred. 232 233 In the event of termination concerning your use of our Services, your 234 obligations under this Agreement will still continue. 235 236 237 Discontinuance of services and Force majeure 238 ============================================ 239 240 We shall not be held liable for any delays, failure in performance, or 241 interruptions of service which result directly or indirectly from any 242 cause or condition beyond our reasonable control, including but not 243 limited to: any delay or failure due to any act of God, act of civil 244 or military authorities, act of terrorism, civil disturbance, war, 245 strike or other labor dispute, fire, interruption in 246 telecommunications or Internet services or network provider services, 247 failure of equipment and/or software, other catastrophe, or any other 248 occurrence which is beyond our reasonable control and shall not affect 249 the validity and enforceability of any remaining provisions. 250 251 252 Governing law, Waivers, Severability and Assignment 253 =================================================== 254 255 No matter where you’re located, the laws of Luxembourg will govern 256 these Terms. If any provisions of these Terms are inconsistent with 257 any applicable law, those provisions will be superseded or modified 258 only to the extent such provisions are inconsistent. The parties agree 259 to submit to the ordinary courts in Luxembourg for exclusive 260 jurisdiction of any dispute arising out of or related to your use of 261 the Services or your breach of these Terms. 262 263 Our failure to exercise or delay in exercising any right, power, or 264 privilege under this Agreement shall not operate as a waiver; nor 265 shall any single or partial exercise of any right, power, or privilege 266 preclude any other or further exercise thereof. 267 268 You agree that we may assign any of our rights and/or transfer, sub- 269 contract, or delegate any of our obligations under these Terms. 270 271 If it turns out that any part of this Agreement is invalid, void, or 272 for any reason unenforceable, that term will be deemed severable and 273 limited or eliminated to the minimum extent necessary. 274 275 This Agreement sets forth the entire understanding and agreement as to 276 the subject matter hereof and supersedes any and all prior 277 discussions, agreements, and understandings of any kind (including, 278 without limitation, any prior versions of this Agreement) and every 279 nature between us. Except as provided for above, any modification to 280 this Agreement must be in writing and must be signed by both parties. 281 282 283 Questions or comments 284 ===================== 285 286 We welcome comments, questions, concerns, or suggestions. Please send 287 us a message on our contact page at legal@anastasis.lu.