tos.rst (13021B)
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 Overview 13 -------- 14 15 This section provides a brief summary of the highlights of this 16 Agreement. Please note that when you accept this Agreement, you are 17 accepting all of the terms and conditions and not just this 18 section. We and possibly other third parties provide Internet services 19 which interact with the Anastasis key backup and recovery 20 application. When using an application to interact with our Services, 21 you are agreeing to our Terms, so please read carefully. 22 23 24 Highlights: 25 ~~~~~~~~~~~ 26 27 • You are responsible for selecting authentication methods and 28 policies that are adequate to protect your key material. 29 Any losses arising from you not being able to satisfy the 30 selected authentication challenges or third parties being able 31 successfully pass the challenges are your problem. 32 • We will store your encrypted key shares and disclose them upon 33 successful authentication to the best of our ability within the 34 limitations of the law and our implementation. Our liability will 35 be limited to the liability limit exposed in the protocol. 36 • For our Services, we may charge various fees. The specific fee structure 37 is provided based on the Anastasis protocol and should be shown to you when you 38 use an application to interact with our services. You agree and understand 39 that the Anastasis protocol allows for the fee structure to change. 40 • You agree to not intentionally overwhelm our systems with requests and 41 follow responsible disclosure if you find security issues in our services. 42 • We cannot be held accountable for our Services not being available due to 43 circumstances beyond our control. If we modify or terminate our services, 44 we will announce this and ensure that you can recover your key material 45 for at least one year before we completely terminate the Service. 46 47 These terms outline approved uses of our Services. If you have any 48 questions or comments related to this Agreement, please send us a 49 message to legal@anastasis.lu. If you do not agree to this Agreement, 50 you must not use our Services. 51 52 53 How you accept this policy 54 -------------------------- 55 56 By using our API (typically via an Anastasis-enabled application), you 57 acknowledge that you have read, understood, and agreed to these 58 Terms. We reserve the right to change these Terms at any time. If you 59 disagree with the change, you must simply stop using our APIs. Your 60 continued use of our Services following any such change will signify 61 your acceptance to be bound by the then current Terms. Please check 62 the effective date above to determine if there have been any changes 63 since you have last reviewed these Terms. 64 65 Services 66 -------- 67 68 We will store your encrypted key shares (and the associated encrypted 69 recovery policy document) to the best of our ability and within the 70 limitations of the implementation. We will disclose the key shares only 71 after the specific authentication challenge has been passed. We will 72 rate-limit the use of the authentication APIs to limit brute-force 73 attacks. 74 75 We are not guaranteeing that the authentication procedures are effective. 76 Other parties may be able to intercept authentication messages, or you 77 may not be able to receive these messages anymore. You are responsible 78 for choosing safe authentication methods with sufficient security. 79 80 When using our Services, you agree to not take any action that 81 intentionally imposes an unreasonable load on our infrastructure. If 82 you find security problems in our Services, you agree to first report 83 them to security@anastasis.lu and grant us the right to publish your 84 report. We warrant that we will ourselves publicly disclose any issues 85 reported within 1 month, and that we will not prosecute anyone 86 reporting security issues if they did not exploit the issue beyond a 87 proof-of-concept, and followed the above responsible disclosure 88 practice. 89 90 91 Fees 92 ---- 93 94 You agree to pay the fees for backup and recovery operations ("Fees") 95 as defined by us, which we may change from time to time. Your 96 Anastasis client should obtain and display applicable fees during 97 backup and recovery. 98 99 100 Eligibility 101 ----------- 102 103 To be eligible to use our Services, you must be able to form legally binding 104 contracts or have the permission of your legal guardian. By using our 105 Services, you represent and warrant that you meet all eligibility requirements 106 that we outline in these Terms. 107 108 109 Copyrights and trademarks 110 ------------------------- 111 112 The Anastasis software is released under the terms of the GNU Affero 113 General Public License (GNU AGPLv3+). You have the right to access, 114 use, and share the Anastasis application, in modified or unmodified 115 form. However, the Affero GPL is a strong copyleft license, which 116 means that any derivative works must be distributed under the same 117 license terms as the original software. If you have any questions, you 118 should review the GNU AGPL’s full terms and conditions at 119 https://www.gnu.org/licenses/agpl-3.0.en.html. “Anastasis” itself is 120 a trademark of Anastasis SARL. You are welcome to use the name in 121 relation to implementations of the Anastasis protocol, assuming your 122 use is compatible with an official release from the GNU Project that 123 is not older than two years. 124 125 126 Limitation of liability & disclaimer of warranties 127 -------------------------------------------------- 128 129 You understand and agree that we have no control over, and no duty to 130 take any action regarding: Failures, disruptions, errors, or delays in 131 processing that you may experience while using our Services; The risk 132 of failure of hardware, software, and Internet connections; The risk 133 of malicious software being introduced or found in the software 134 underlying the Anastasis implementation. You release us from all 135 liability related to any losses, damages, or claims arising from: 136 137 (a) user error such as forgotten security answers or loss of 138 control over accounts used for authentication; 139 (b) server failure or data loss; 140 (d) bugs or other errors in the Anastasis client software; and 141 (e) any unauthorized third party activities, including, but not limited to, 142 the use of viruses, phishing, brute forcing, or other means of attack 143 against the Anastasis client. We make no representations concerning any 144 Third Party Content contained in or accessed through our Services. 145 146 Any other terms, conditions, warranties, or representations associated with 147 such content, are solely between you and such organizations and/or 148 individuals. 149 150 To the fullest extent permitted by applicable law, in no event will we 151 or any of our officers, directors, representatives, agents, servants, 152 counsel, employees, consultants, lawyers, and other personnel 153 authorized to act, acting, or purporting to act on our behalf 154 (collectively the “Anastasis Parties”) be liable to you under 155 contract, tort, strict liability, negligence, or any other legal or 156 equitable theory, for: 157 158 (a) any lost profits, data loss, cost of procurement of substitute goods or 159 services, or direct, indirect, incidental, special, punitive, compensatory, 160 or consequential damages of any kind whatsoever resulting from: 161 162 (i) your use of, or conduct in connection with, our services; 163 (ii) any unauthorized use of your wallet and/or private key due to your 164 failure to maintain the confidentiality of your wallet; 165 (iii) any interruption or cessation of transmission to or from the services; or 166 (iv) any bugs, viruses, trojan horses, or the like that are found in the Taler 167 Wallet software or that may be transmitted to or through our services by 168 any third party (regardless of the source of origination), or 169 170 (b) any direct damages. 171 172 These limitations apply regardless of legal theory, whether based on tort, 173 strict liability, breach of contract, breach of warranty, or any other legal 174 theory, and whether or not we were advised of the possibility of such 175 damages. Some jurisdictions do not allow the exclusion or limitation of 176 liability for consequential or incidental damages, so the above limitation may 177 not apply to you. 178 179 Our services are provided "as is" and without warranty of any kind. To the 180 maximum extent permitted by law, we disclaim all representations and 181 warranties, express or implied, relating to the services and underlying 182 software or any content on the services, whether provided or owned by us or by 183 any third party, including without limitation, warranties of merchantability, 184 fitness for a particular purpose, title, non-infringement, freedom from 185 computer virus, and any implied warranties arising from course of dealing, 186 course of performance, or usage in trade, all of which are expressly 187 disclaimed. In addition, we do not represent or warrant that the content 188 accessible via the services is accurate, complete, available, current, free of 189 viruses or other harmful components, or that the results of using the services 190 will meet your requirements. Some states do not allow the disclaimer of 191 implied warranties, so the foregoing disclaimers may not apply to you. This 192 paragraph gives you specific legal rights and you may also have other legal 193 rights that vary from state to state. 194 195 Indemnity and Time limitation on claims and Termination 196 ------------------------------------------------------- 197 198 To the extent permitted by applicable law, you agree to defend, 199 indemnify, and hold harmless the Anastasis Parties from and against 200 any and all claims, damages, obligations, losses, liabilities, costs 201 or debt, and expenses (including, but not limited to, attorney’s fees) 202 arising from: (a) your use of and access to the Services; (b) any 203 feedback or submissions you provide to us concerning the Anastasis 204 software; (c) your violation of any term of this Agreement; or (d) 205 your violation of any law, rule, or regulation, or the rights of any 206 third party. 207 208 You agree that any claim you may have arising out of or related to your 209 relationship with us must be filed within one year after such claim arises, 210 otherwise, your claim in permanently barred. 211 212 In the event of termination concerning your use of our Services, your 213 obligations under this Agreement will still continue. 214 215 216 Discontinuance of services and Force majeure 217 -------------------------------------------- 218 219 We shall not be held liable for any delays, failure in performance, or 220 interruptions of service which result directly or indirectly from any cause or 221 condition beyond our reasonable control, including but not limited to: any 222 delay or failure due to any act of God, act of civil or military authorities, 223 act of terrorism, civil disturbance, war, strike or other labor dispute, fire, 224 interruption in telecommunications or Internet services or network provider 225 services, failure of equipment and/or software, other catastrophe, or any 226 other occurrence which is beyond our reasonable control and shall not affect 227 the validity and enforceability of any remaining provisions. 228 229 230 Governing law, Waivers, Severability and Assignment 231 --------------------------------------------------- 232 233 No matter where you’re located, the laws of Luxembourg will govern these 234 Terms. If any provisions of these Terms are inconsistent with any applicable 235 law, those provisions will be superseded or modified only to the extent such 236 provisions are inconsistent. The parties agree to submit to the ordinary 237 courts in Luxembourg for exclusive jurisdiction of any dispute 238 arising out of or related to your use of the Services or your breach of these 239 Terms. 240 241 Our failure to exercise or delay in exercising any right, power, or privilege 242 under this Agreement shall not operate as a waiver; nor shall any single or 243 partial exercise of any right, power, or privilege preclude any other or 244 further exercise thereof. 245 246 You agree that we may assign any of our rights and/or transfer, sub-contract, 247 or delegate any of our obligations under these Terms. 248 249 If it turns out that any part of this Agreement is invalid, void, or for any 250 reason unenforceable, that term will be deemed severable and limited or 251 eliminated to the minimum extent necessary. 252 253 This Agreement sets forth the entire understanding and agreement as to the 254 subject matter hereof and supersedes any and all prior discussions, 255 agreements, and understandings of any kind (including, without limitation, any 256 prior versions of this Agreement) and every nature between us. Except as 257 provided for above, any modification to this Agreement must be in writing and 258 must be signed by both parties. 259 260 261 Questions or comments 262 --------------------- 263 264 We welcome comments, questions, concerns, or suggestions. Please send us a 265 message on our contact page at legal@anastasis.lu.