tos.rst (12605B)
1 Terms Of Service 2 ================ 3 4 Last Updated: 12.07.2022 5 6 Welcome! GNUnet e.V. (“we,” “our,” or “us”) provides a privacy-friendly 7 Taler wallet key directory through our Internet presence (collectively the “Services”). Before 8 using our Services, please read the Terms of Service (the “Terms” or 9 the “Agreement”) 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 16 accepting all of the terms and conditions and not just this 17 section. We and possibly other third parties provide Internet services 18 which interact with the TalDir key directory 19 application. When using an application to interact with our Services, 20 you are agreeing to our Terms, so please read carefully. 21 22 23 Highlights: 24 ~~~~~~~~~~~ 25 26 • You are responsible for selecting authentication methods and 27 policies that are adequate to protect your wallet key mappings. 28 Any losses arising from you not being able to satisfy the 29 selected authentication challenges or third parties being able 30 successfully pass the challenges are your problem. 31 • We will store your hashed account handle and allow clients to query 32 the associated Taler wallet key material. 33 Our liability will 34 be limited to the liability limit exposed in the protocol. 35 • For our Services, we may charge various fees. The specific fee structure 36 is provided based on the TalDir protocol and should be shown to you when you 37 use an application to interact with our services. You agree and understand 38 that the TalDir protocol allows for the fee structure to change. 39 • You agree to not intentionally overwhelm our systems with requests and 40 follow responsible disclosure if you find security issues in our services. 41 • We cannot be held accountable for our Services not being available due to 42 circumstances beyond our control. If we modify or terminate our services, 43 we will announce this and ensure that you can recover your key material 44 for at least one year before we completely terminate the Service. 45 46 These terms outline approved uses of our Services. If you have any 47 questions or comments related to this Agreement, please send us a 48 message to taldir@gnunet.org. If you do not agree to this Agreement, 49 you must not use our Services. 50 51 52 How you accept this policy 53 -------------------------- 54 55 By using our API (typically via an TalDir-enabled application), you 56 acknowledge that you have read, understood, and agreed to these 57 Terms. We reserve the right to change these Terms at any time. If you 58 disagree with the change, you must simply stop using our APIs. Your 59 continued use of our Services following any such change will signify 60 your acceptance to be bound by the then current Terms. Please check 61 the effective date above to determine if there have been any changes 62 since you have last reviewed these Terms. 63 64 Services 65 -------- 66 67 We will store your hashed account handle and an associated Taler wallet key. 68 To the best of our ability and within the 69 limitations of the implementation. 70 This mapping can be queried by third parties as that is the purpose of the 71 service. 72 We will 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 taldir@gnunet.org 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 initial registration and monthly service ("Fees") 95 as defined by us, which we may change from time to time. Your 96 TalDir client should obtain and display applicable fees during 97 registration and renewal of registrations. 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 TalDir 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 TalDir 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. 120 121 Limitation of liability & disclaimer of warranties 122 -------------------------------------------------- 123 124 You understand and agree that we have no control over, and no duty to 125 take any action regarding: Failures, disruptions, errors, or delays in 126 processing that you may experience while using our Services; The risk 127 of failure of hardware, software, and Internet connections; The risk 128 of malicious software being introduced or found in the software 129 underlying the TalDir implementation. You release us from all 130 liability related to any losses, damages, or claims arising from: 131 132 (a) user error such as forgotten security answers or loss of 133 control over accounts used for authentication; 134 (b) server failure or data loss; 135 (d) bugs or other errors in the TalDir client software; and 136 (e) any unauthorized third party activities, including, but not limited to, 137 the use of viruses, phishing, brute forcing, or other means of attack 138 against the TalDir client. We make no representations concerning any 139 Third Party Content contained in or accessed through our Services. 140 141 Any other terms, conditions, warranties, or representations associated with 142 such content, are solely between you and such organizations and/or 143 individuals. 144 145 To the fullest extent permitted by applicable law, in no event will we 146 or any of our officers, directors, representatives, agents, servants, 147 counsel, employees, consultants, lawyers, and other personnel 148 authorized to act, acting, or purporting to act on our behalf 149 (collectively the “TalDir Parties”) be liable to you under 150 contract, tort, strict liability, negligence, or any other legal or 151 equitable theory, for: 152 153 (a) any lost profits, data loss, cost of procurement of substitute goods or 154 services, or direct, indirect, incidental, special, punitive, compensatory, 155 or consequential damages of any kind whatsoever resulting from: 156 157 (i) your use of, or conduct in connection with, our services; 158 (ii) any unauthorized use of your wallet and/or private key due to your 159 failure to maintain the confidentiality of your wallet; 160 (iii) any interruption or cessation of transmission to or from the services; or 161 (iv) any bugs, viruses, trojan horses, or the like that are found in the Taler 162 Wallet software or that may be transmitted to or through our services by 163 any third party (regardless of the source of origination), or 164 165 (b) any direct damages. 166 167 These limitations apply regardless of legal theory, whether based on tort, 168 strict liability, breach of contract, breach of warranty, or any other legal 169 theory, and whether or not we were advised of the possibility of such 170 damages. Some jurisdictions do not allow the exclusion or limitation of 171 liability for consequential or incidental damages, so the above limitation may 172 not apply to you. 173 174 Our services are provided "as is" and without warranty of any kind. To the 175 maximum extent permitted by law, we disclaim all representations and 176 warranties, express or implied, relating to the services and underlying 177 software or any content on the services, whether provided or owned by us or by 178 any third party, including without limitation, warranties of merchantability, 179 fitness for a particular purpose, title, non-infringement, freedom from 180 computer virus, and any implied warranties arising from course of dealing, 181 course of performance, or usage in trade, all of which are expressly 182 disclaimed. In addition, we do not represent or warrant that the content 183 accessible via the services is accurate, complete, available, current, free of 184 viruses or other harmful components, or that the results of using the services 185 will meet your requirements. Some states do not allow the disclaimer of 186 implied warranties, so the foregoing disclaimers may not apply to you. This 187 paragraph gives you specific legal rights and you may also have other legal 188 rights that vary from state to state. 189 190 Indemnity and Time limitation on claims and Termination 191 ------------------------------------------------------- 192 193 To the extent permitted by applicable law, you agree to defend, 194 indemnify, and hold harmless the TalDir Parties from and against 195 any and all claims, damages, obligations, losses, liabilities, costs 196 or debt, and expenses (including, but not limited to, attorney’s fees) 197 arising from: (a) your use of and access to the Services; (b) any 198 feedback or submissions you provide to us concerning the TalDir 199 software; (c) your violation of any term of this Agreement; or (d) 200 your violation of any law, rule, or regulation, or the rights of any 201 third party. 202 203 You agree that any claim you may have arising out of or related to your 204 relationship with us must be filed within one year after such claim arises, 205 otherwise, your claim in permanently barred. 206 207 In the event of termination concerning your use of our Services, your 208 obligations under this Agreement will still continue. 209 210 211 Discontinuance of services and Force majeure 212 -------------------------------------------- 213 214 We shall not be held liable for any delays, failure in performance, or 215 interruptions of service which result directly or indirectly from any cause or 216 condition beyond our reasonable control, including but not limited to: any 217 delay or failure due to any act of God, act of civil or military authorities, 218 act of terrorism, civil disturbance, war, strike or other labor dispute, fire, 219 interruption in telecommunications or Internet services or network provider 220 services, failure of equipment and/or software, other catastrophe, or any 221 other occurrence which is beyond our reasonable control and shall not affect 222 the validity and enforceability of any remaining provisions. 223 224 225 Governing law, Waivers, Severability and Assignment 226 --------------------------------------------------- 227 228 No matter where you’re located, the laws of Germany will govern these 229 Terms. If any provisions of these Terms are inconsistent with any applicable 230 law, those provisions will be superseded or modified only to the extent such 231 provisions are inconsistent. The parties agree to submit to the ordinary 232 courts in Germany for exclusive jurisdiction of any dispute 233 arising out of or related to your use of the Services or your breach of these 234 Terms. 235 236 Our failure to exercise or delay in exercising any right, power, or privilege 237 under this Agreement shall not operate as a waiver; nor shall any single or 238 partial exercise of any right, power, or privilege preclude any other or 239 further exercise thereof. 240 241 You agree that we may assign any of our rights and/or transfer, sub-contract, 242 or delegate any of our obligations under these Terms. 243 244 If it turns out that any part of this Agreement is invalid, void, or for any 245 reason unenforceable, that term will be deemed severable and limited or 246 eliminated to the minimum extent necessary. 247 248 This Agreement sets forth the entire understanding and agreement as to the 249 subject matter hereof and supersedes any and all prior discussions, 250 agreements, and understandings of any kind (including, without limitation, any 251 prior versions of this Agreement) and every nature between us. Except as 252 provided for above, any modification to this Agreement must be in writing and 253 must be signed by both parties. 254 255 256 Questions or comments 257 --------------------- 258 259 We welcome comments, questions, concerns, or suggestions. Please send us a 260 message on our contact page at taldir@gnunet.org.