merchant-tos-tops-v0.en.rst (4638B)
1 Terms of Service of the Taler Merchant Backend 2 ============================================== 3 4 Last update: December 2025 5 6 These Terms of Service (hereinafter **ToS**) regulate the rights and 7 obligations of users of the Taler Merchant Backend (hereinafter **service**) 8 provided by Taler Operations AG, Biel/Bienne (hereinafter **TOPS**) on the 9 domain https://my.taler-ops.ch. 10 11 The service enables users (sellers, merchants, beneficiaries) to configure and 12 manage settlement with the payment system based on GNU Taler which is also 13 provided by TOPS. Users automatically accept these ToS and their updates by 14 using the service. 15 16 The service is based on free software under the terms of the GNU Affero 17 General Public License as published by the Free Software Foundation, either 18 version 3 or (at your option) any later version, for more details see 19 http://www.gnu.org/licenses/. 20 21 The service is in public beta and is offered to the best of our knowledge and 22 belief. It will be further developed over time and distributed in the hope 23 that it will be useful, but WITHOUT ANY WARRANTY, including, but not limited 24 to, the implied warranties of MERCHANTABILITY or FITNESS FOR A PARTICULAR 25 PURPOSE. The service is provided ‘as is’ and ‘as available’. 26 27 28 Disclaimer of warranty 29 ---------------------- 30 31 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY ACKNOWLEDGE 32 AND AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE ENTIRE 33 RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH 34 YOU. THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND 35 WITHOUT WARRANTY OF ANY KIND. 36 37 38 Limitation of liability 39 ----------------------- 40 41 TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL TALER BE 42 LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT, 43 CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, 44 DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER 45 COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THESE TERMS, YOUR 46 USE OR INABILITY TO USE THE SERVICE. 47 48 49 Legal and regulatory requirements 50 --------------------------------- 51 52 In order to use the service, users are required to use Swiss bank accounts 53 exclusively and to support TOPS in complying with legal and regulatory 54 requirements. 55 56 57 Data protection 58 --------------- 59 60 TOPS will ensure that all user data is processed in accordance with Swiss 61 privacy laws, including the new Swiss Data Protection Act (nFADP) and the 62 Ordinance on Data Protection (DPO). 63 64 TOPS will never share user data with third parties or let third parties 65 process user data unless required by law. All data managed with the service is 66 stored in Switzerland or countries eligible for storing data according to the 67 aforementioned Swiss laws on data protection, which especially include 68 cross-boarder data exchange between Switzerland and Germany. No data exchange 69 happens with servers based in countries outside of the European Union. 70 71 Customers may submit sensitive personal data to the service, including but not 72 limited to shipping addresses. Users of our platform are responsible for 73 adequately protecting their access to such customer data and only using it for 74 the purposes agreed to by the data subjects. If we become aware of users 75 violating this clause, we reserve the right to disable access to the service 76 for those users. 77 78 79 Prices 80 ------ 81 82 At this time, TOPS offers the service on https://my.taler-ops.ch free of 83 charge. Before this changes, TOPS will ensure that existing users are able to 84 migrate their data to other providers or to transition to a self-hosted 85 solution. 86 87 88 Scope 89 ----- 90 91 Other terms of service apply to other parts of the Taler payment system, in 92 particular to Taler wallets and the Taler payment service itself that are not 93 covered by the present ToS which are only applicable to the service operated 94 at https://my.taler-ops.ch. 95 96 97 Applicable law and place of jurisdiction 98 ---------------------------------------- 99 100 To the extent permitted by law, all legal relationships between TOPS and users 101 shall be governed exclusively by substantive Swiss law, excluding conflict of 102 laws and international treaties. Subject to any mandatory statutory provisions 103 to the contrary, Biel is the exclusive place of jurisdiction and the place of 104 performance. For users of the service domiciled outside Switzerland, 105 Biel/Bienne is also the place of debt collection. 106 107 108 Contact 109 ------- 110 111 If you have any questions or concerns regarding these ToS or the service, you 112 can contact us by post at Berner Fachhochschule, c/o Taler Operations AG, 113 Höheweg 80, 2502 Biel.