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1 <?xml version="1.0" encoding="utf-8"?> 2 <!DOCTYPE document PUBLIC "+//IDN docutils.sourceforge.net//DTD Docutils Generic//EN//XML" "http://docutils.sourceforge.net/docs/ref/docutils.dtd"> 3 <!-- Generated by Docutils 0.17.1 --> 4 <document source="/home/schanzen/dev/taldir/contrib/tos/tos.rst" xmlns:c="https://www.sphinx-doc.org/" xmlns:changeset="https://www.sphinx-doc.org/" xmlns:citation="https://www.sphinx-doc.org/" xmlns:cpp="https://www.sphinx-doc.org/" xmlns:index="https://www.sphinx-doc.org/" xmlns:js="https://www.sphinx-doc.org/" xmlns:math="https://www.sphinx-doc.org/" xmlns:py="https://www.sphinx-doc.org/" xmlns:rst="https://www.sphinx-doc.org/" xmlns:std="https://www.sphinx-doc.org/" xmlns:todo="https://www.sphinx-doc.org/"> 5 <section ids="terms-of-service" names="terms\ of\ service"> 6 <title>Terms Of Service</title> 7 <paragraph>Last Updated: 12.07.2022</paragraph> 8 <paragraph>Welcome! GNUnet e.V. (“we,” “our,” or “us”) provides a privacy-friendly 9 Taler wallet key directory through our Internet presence (collectively the “Services”). Before 10 using our Services, please read the Terms of Service (the “Terms” or 11 the “Agreement”) carefully.</paragraph> 12 <section ids="overview" names="overview"> 13 <title>Overview</title> 14 <paragraph>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.</paragraph> 21 <section ids="highlights" names="highlights:"> 22 <title>Highlights:</title> 23 <block_quote> 24 <bullet_list bullet="•"> 25 <list_item> 26 <paragraph>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.</paragraph> 31 </list_item> 32 <list_item> 33 <paragraph>We will store your hashed account handle and allow clients to query 34 the associated Taler wallet key material. 35 Our liability will 36 be limited to the liability limit exposed in the protocol.</paragraph> 37 </list_item> 38 <list_item> 39 <paragraph>For our Services, we may charge various fees. The specific fee structure 40 is provided based on the TalDir protocol and should be shown to you when you 41 use an application to interact with our services. You agree and understand 42 that the TalDir protocol allows for the fee structure to change.</paragraph> 43 </list_item> 44 <list_item> 45 <paragraph>You agree to not intentionally overwhelm our systems with requests and 46 follow responsible disclosure if you find security issues in our services.</paragraph> 47 </list_item> 48 <list_item> 49 <paragraph>We cannot be held accountable for our Services not being available due to 50 circumstances beyond our control. If we modify or terminate our services, 51 we will announce this and ensure that you can recover your key material 52 for at least one year before we completely terminate the Service.</paragraph> 53 </list_item> 54 </bullet_list> 55 </block_quote> 56 <paragraph>These terms outline approved uses of our Services. If you have any 57 questions or comments related to this Agreement, please send us a 58 message to <reference refuri="mailto:taldir@gnunet.org">taldir@gnunet.org</reference>. If you do not agree to this Agreement, 59 you must not use our Services.</paragraph> 60 </section> 61 </section> 62 <section ids="how-you-accept-this-policy" names="how\ you\ accept\ this\ policy"> 63 <title>How you accept this policy</title> 64 <paragraph>By using our API (typically via an TalDir-enabled application), you 65 acknowledge that you have read, understood, and agreed to these 66 Terms. 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.</paragraph> 72 </section> 73 <section ids="services" names="services"> 74 <title>Services</title> 75 <paragraph>We will store your hashed account handle and an associated Taler wallet key. 76 To the best of our ability and within the 77 limitations of the implementation. 78 This mapping can be queried by third parties as that is the purpose of the 79 service. 80 We will rate-limit the use of the authentication APIs to limit brute-force 81 attacks.</paragraph> 82 <paragraph>We are not guaranteeing that the authentication procedures are effective. 83 Other parties may be able to intercept authentication messages, or you 84 may not be able to receive these messages anymore. You are responsible 85 for choosing safe authentication methods with sufficient security.</paragraph> 86 <paragraph>When using our Services, you agree to not take any action that 87 intentionally imposes an unreasonable load on our infrastructure. If 88 you find security problems in our Services, you agree to first report 89 them to <reference refuri="mailto:taldir@gnunet.org">taldir@gnunet.org</reference> and grant us the right to publish your 90 report. We warrant that we will ourselves publicly disclose any issues 91 reported within 1 month, and that we will not prosecute anyone 92 reporting security issues if they did not exploit the issue beyond a 93 proof-of-concept, and followed the above responsible disclosure 94 practice.</paragraph> 95 </section> 96 <section ids="fees" names="fees"> 97 <title>Fees</title> 98 <paragraph>You agree to pay the fees for initial registration and monthly service (“Fees”) 99 as defined by us, which we may change from time to time. Your 100 TalDir client should obtain and display applicable fees during 101 registration and renewal of registrations.</paragraph> 102 </section> 103 <section ids="eligibility" names="eligibility"> 104 <title>Eligibility</title> 105 <paragraph>To be eligible to use our Services, you must be able to form legally binding 106 contracts or have the permission of your legal guardian. By using our 107 Services, you represent and warrant that you meet all eligibility requirements 108 that we outline in these Terms.</paragraph> 109 </section> 110 <section ids="copyrights-and-trademarks" names="copyrights\ and\ trademarks"> 111 <title>Copyrights and trademarks</title> 112 <paragraph>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 <reference refuri="https://www.gnu.org/licenses/agpl-3.0.en.html">https://www.gnu.org/licenses/agpl-3.0.en.html</reference>.</paragraph> 120 </section> 121 <section ids="limitation-of-liability-disclaimer-of-warranties" names="limitation\ of\ liability\ &\ disclaimer\ of\ warranties"> 122 <title>Limitation of liability & disclaimer of warranties</title> 123 <paragraph>You understand and agree that we have no control over, and no duty to 124 take any action regarding: Failures, disruptions, errors, or delays in 125 processing that you may experience while using our Services; The risk 126 of failure of hardware, software, and Internet connections; The risk 127 of malicious software being introduced or found in the software 128 underlying the TalDir implementation. You release us from all 129 liability related to any losses, damages, or claims arising from:</paragraph> 130 <enumerated_list enumtype="loweralpha" prefix="(" suffix=")"> 131 <list_item> 132 <paragraph>user error such as forgotten security answers or loss of 133 control over accounts used for authentication;</paragraph> 134 </list_item> 135 </enumerated_list> 136 <paragraph>(b) server failure or data loss; 137 (d) bugs or other errors in the TalDir client software; and 138 (e) any unauthorized third party activities, including, but not limited to,</paragraph> 139 <block_quote> 140 <paragraph>the use of viruses, phishing, brute forcing, or other means of attack 141 against the TalDir client. We make no representations concerning any 142 Third Party Content contained in or accessed through our Services.</paragraph> 143 </block_quote> 144 <paragraph>Any other terms, conditions, warranties, or representations associated with 145 such content, are solely between you and such organizations and/or 146 individuals.</paragraph> 147 <paragraph>To the fullest extent permitted by applicable law, in no event will we 148 or any of our officers, directors, representatives, agents, servants, 149 counsel, employees, consultants, lawyers, and other personnel 150 authorized to act, acting, or purporting to act on our behalf 151 (collectively the “TalDir Parties”) be liable to you under 152 contract, tort, strict liability, negligence, or any other legal or 153 equitable theory, for:</paragraph> 154 <enumerated_list enumtype="loweralpha" prefix="(" suffix=")"> 155 <list_item> 156 <paragraph>any lost profits, data loss, cost of procurement of substitute goods or 157 services, or direct, indirect, incidental, special, punitive, compensatory, 158 or consequential damages of any kind whatsoever resulting from:</paragraph> 159 </list_item> 160 </enumerated_list> 161 <block_quote> 162 <enumerated_list enumtype="lowerroman" prefix="(" suffix=")"> 163 <list_item> 164 <paragraph>your use of, or conduct in connection with, our services;</paragraph> 165 </list_item> 166 <list_item> 167 <paragraph>any unauthorized use of your wallet and/or private key due to your 168 failure to maintain the confidentiality of your wallet;</paragraph> 169 </list_item> 170 <list_item> 171 <paragraph>any interruption or cessation of transmission to or from the services; or</paragraph> 172 </list_item> 173 <list_item> 174 <paragraph>any bugs, viruses, trojan horses, or the like that are found in the Taler 175 Wallet software or that may be transmitted to or through our services by 176 any third party (regardless of the source of origination), or</paragraph> 177 </list_item> 178 </enumerated_list> 179 </block_quote> 180 <enumerated_list enumtype="loweralpha" prefix="(" start="2" suffix=")"> 181 <list_item> 182 <paragraph>any direct damages.</paragraph> 183 </list_item> 184 </enumerated_list> 185 <paragraph>These limitations apply regardless of legal theory, whether based on tort, 186 strict liability, breach of contract, breach of warranty, or any other legal 187 theory, and whether or not we were advised of the possibility of such 188 damages. Some jurisdictions do not allow the exclusion or limitation of 189 liability for consequential or incidental damages, so the above limitation may 190 not apply to you.</paragraph> 191 <paragraph>Our services are provided “as is” and without warranty of any kind. To the 192 maximum extent permitted by law, we disclaim all representations and 193 warranties, express or implied, relating to the services and underlying 194 software or any content on the services, whether provided or owned by us or by 195 any third party, including without limitation, warranties of merchantability, 196 fitness for a particular purpose, title, non-infringement, freedom from 197 computer virus, and any implied warranties arising from course of dealing, 198 course of performance, or usage in trade, all of which are expressly 199 disclaimed. In addition, we do not represent or warrant that the content 200 accessible via the services is accurate, complete, available, current, free of 201 viruses or other harmful components, or that the results of using the services 202 will meet your requirements. Some states do not allow the disclaimer of 203 implied warranties, so the foregoing disclaimers may not apply to you. This 204 paragraph gives you specific legal rights and you may also have other legal 205 rights that vary from state to state.</paragraph> 206 </section> 207 <section ids="indemnity-and-time-limitation-on-claims-and-termination" names="indemnity\ and\ time\ limitation\ on\ claims\ and\ termination"> 208 <title>Indemnity and Time limitation on claims and Termination</title> 209 <paragraph>To the extent permitted by applicable law, you agree to defend, 210 indemnify, and hold harmless the TalDir Parties from and against 211 any and all claims, damages, obligations, losses, liabilities, costs 212 or debt, and expenses (including, but not limited to, attorney’s fees) 213 arising from: (a) your use of and access to the Services; (b) any 214 feedback or submissions you provide to us concerning the TalDir 215 software; (c) your violation of any term of this Agreement; or (d) 216 your violation of any law, rule, or regulation, or the rights of any 217 third party.</paragraph> 218 <paragraph>You agree that any claim you may have arising out of or related to your 219 relationship with us must be filed within one year after such claim arises, 220 otherwise, your claim in permanently barred.</paragraph> 221 <paragraph>In the event of termination concerning your use of our Services, your 222 obligations under this Agreement will still continue.</paragraph> 223 </section> 224 <section ids="discontinuance-of-services-and-force-majeure" names="discontinuance\ of\ services\ and\ force\ majeure"> 225 <title>Discontinuance of services and Force majeure</title> 226 <paragraph>We shall not be held liable for any delays, failure in performance, or 227 interruptions of service which result directly or indirectly from any cause or 228 condition beyond our reasonable control, including but not limited to: any 229 delay or failure due to any act of God, act of civil or military authorities, 230 act of terrorism, civil disturbance, war, strike or other labor dispute, fire, 231 interruption in telecommunications or Internet services or network provider 232 services, failure of equipment and/or software, other catastrophe, or any 233 other occurrence which is beyond our reasonable control and shall not affect 234 the validity and enforceability of any remaining provisions.</paragraph> 235 </section> 236 <section ids="governing-law-waivers-severability-and-assignment" names="governing\ law,\ waivers,\ severability\ and\ assignment"> 237 <title>Governing law, Waivers, Severability and Assignment</title> 238 <paragraph>No matter where you’re located, the laws of Germany will govern these 239 Terms. If any provisions of these Terms are inconsistent with any applicable 240 law, those provisions will be superseded or modified only to the extent such 241 provisions are inconsistent. The parties agree to submit to the ordinary 242 courts in Germany for exclusive jurisdiction of any dispute 243 arising out of or related to your use of the Services or your breach of these 244 Terms.</paragraph> 245 <paragraph>Our failure to exercise or delay in exercising any right, power, or privilege 246 under this Agreement shall not operate as a waiver; nor shall any single or 247 partial exercise of any right, power, or privilege preclude any other or 248 further exercise thereof.</paragraph> 249 <paragraph>You agree that we may assign any of our rights and/or transfer, sub-contract, 250 or delegate any of our obligations under these Terms.</paragraph> 251 <paragraph>If it turns out that any part of this Agreement is invalid, void, or for any 252 reason unenforceable, that term will be deemed severable and limited or 253 eliminated to the minimum extent necessary.</paragraph> 254 <paragraph>This Agreement sets forth the entire understanding and agreement as to the 255 subject matter hereof and supersedes any and all prior discussions, 256 agreements, and understandings of any kind (including, without limitation, any 257 prior versions of this Agreement) and every nature between us. Except as 258 provided for above, any modification to this Agreement must be in writing and 259 must be signed by both parties.</paragraph> 260 </section> 261 <section ids="questions-or-comments" names="questions\ or\ comments"> 262 <title>Questions or comments</title> 263 <paragraph>We welcome comments, questions, concerns, or suggestions. Please send us a 264 message on our contact page at <reference refuri="mailto:taldir@gnunet.org">taldir@gnunet.org</reference>.</paragraph> 265 </section> 266 </section> 267 </document>