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| author | Christian Grothoff <christian@grothoff.org> | 2019-12-04 00:22:23 +0100 |
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| committer | Christian Grothoff <christian@grothoff.org> | 2019-12-04 00:22:23 +0100 |
| commit | 711027f651b2ed73bdf1d93bb74c86213a2358f5 (patch) | |
| tree | c8cf8e37d776917ad016127952666f8bab764d3c /contrib/tos/en/0.html | |
| parent | 7126482822e45feb099e43bce384537914c62f57 (diff) | |
add TOS
Diffstat (limited to 'contrib/tos/en/0.html')
| -rw-r--r-- | contrib/tos/en/0.html | 364 |
1 files changed, 364 insertions, 0 deletions
diff --git a/contrib/tos/en/0.html b/contrib/tos/en/0.html new file mode 100644 index 000000000..ea81db07a --- /dev/null +++ b/contrib/tos/en/0.html @@ -0,0 +1,364 @@ +<!DOCTYPE HTML PUBLIC "-//W3C//DTD HTML 4.0 Transitional//EN"> +<html> +<head> + <meta http-equiv="content-type" content="text/html; charset=utf-8"/> + <title></title> + <meta name="author" content="Michael Widmer"/> + <meta name="created" content="2019-12-01T07:06:00"/> + <meta name="changed" content="2019-12-04T00:01:19.809905379"/> +</head> +<body lang="en"> +<h1>Terms Of Service - Last Updated: 12.4.2019</h1> + +<p> + Welcome! Taler Systems SA (“we,” “our,” or “us”) provides a payment service +through our Internet presence (collectively the “Services”). Before using our +Services, please read the Terms of Service (the “Terms” or the “Agreement”) +carefully. +</p> +<h2>Overview</h2> +<p> + This +section provides a brief summary of the highlights of this Agreement. +Please note that when you accept this Agreement, you are accepting +all of the terms and conditions and not just this section. We and +possibly other third parties provide Internet services which interact +with the Taler Wallet’s self-hosted personal payment application. +When using the Taler Wallet to interact with our Services, you are +agreeing to our Terms, so please read carefully. +</p> +<p>Highlights: +<ul> + <li>You + are responsible for keeping the data in your Taler Wallet at all + times under your control. Any losses arising from you not being in + control of your private information are your problem. + <li>We + will try to transfer funds we hold in escrow for our users to any + legal recipient to the best of our ability within the limitations of + the law and our implementation. However, the Services offered today + are highly experimental and the set of recipients of funds is + severely restricted. + <li>For + our Services, we may charge transaction fees. The specific fee + structure is provided based on the Taler protocol and should be + shown to you when you withdraw electronic coins using a Taler + Wallet. You agree and understand that the Taler protocol allows for + the fee structure to change. + <li>You + agree to not intentionally overwhelm our systems with requests and + follow responsible disclosure if you find security issues in our + services. + <li>We + cannot be held accountable for our Services not being available due + to circumstances beyond our control. If we modify or terminate our + services, we will try to give you the opportunity to recover your + funds. However, given the experimental state of the Services today, + this may not be possible. You are strongly advised to limit your use + of the Service to small-scale experiments expecting total loss of + all funds. +</ul></p> +<p>These +terms outline approved uses of our Services. The Services and these +Terms are still at an experimental stage. If you have any questions +or comments related to this Agreement, please send us a message to +legal@taler-systems.com. If you do not agree to this Agreement, you +must not use our Services. +</p> +<h2>How you accept this policy</h2> +<p>By +sending funds to us (to top-up your Taler Wallet), you acknowledge +that you have read, understood, and agreed to these Terms. We reserve +the right to change these Terms at any time. If you disagree with the +change, we may in the future offer you with an easy option to recover +your unspent funds. However, in the current experimental period you +acknowledge that this feature is not yet available, resulting in your +funds being lost unless you accept the new Terms. If you continue to +use our Services other than to recover your unspent funds, your +continued use of our Services following any such change will signify +your acceptance to be bound by the then current Terms. Please check +the effective date above to determine if there have been any changes +since you have last reviewed these Terms.</p> +<h2>Services</h2> +<p>We +will try to transfer funds that we hold in escrow for our users to +any legal recipient to the best of our ability and within the +limitations of the law and our implementation. However, the Services +offered today are highly experimental and the set of recipients of +funds is severely restricted.</p> +<p>The +Taler Wallet can be loaded by exchanging fiat currencies against +electronic coins. We are providing this exchange service. Once your +Taler Wallet is loaded with electronic coins they can be spent for +purchases if the seller is accepting Taler as a means of payment. We +are not guaranteeing that any seller is accepting Taler at all or a +particular seller.</p> +<p>The +seller or recipient of deposits of electronic coins must specify the +target account, as per the design of the Taler protocol. They are +responsible for following the protocol and specifying the correct +bank account, and are solely liable for any losses that may arise +from specifying the wrong account. We will allow the government to +link wire transfers to the underlying contract hash. It is the +responsibility of recipients to preserve the full contracts and to +pay whatever taxes and charges may be applicable. Technical issues +may lead to situations where we are unable to make transfers at all +or lead to incorrect transfers that cannot be reversed. We will only +refuse to execute transfers if the transfers are prohibited by a +competent legal authority and we are ordered to do so.</p> +<p lang="en" class="western" style="margin-bottom: 0.19in; line-height: 100%"> +<br/> +<br/> + +</p> +<h2>FEES</h2> +<p>You +agree to pay the fees for exchanges and withdrawals completed via the +Taler Wallet ("Fees") as defined by us, which we may change +from time to time. With the exception of wire transfer fees, Taler +transaction fees are set for any electronic coin at the time of +withdrawal and fixed throughout the validity period of the respective +electronic coin. Your wallet should obtain and display applicable +fees when withdrawing funds. Fees for coins obtained as change may +differ from the fees applicable to the original coin. Wire transfer +fees that are independent from electronic coins may change annually. +</p> +<p>You +authorize us to charge or deduct applicable fees owed in connection +with deposits, exchanges and withdrawals following the rules of the +Taler protocol.</p> +<p>We +reserve the right to provide different types of rewards to users +either in the form of discount for our Services or in any other form +at our discretion and without prior notice to you.</p> +<h2>ELIGIBILITY</h2> +<p>To +be eligible to use our Services, you must be able to form legally +binding contracts or have the permission of your legal guardian. By +using our Services, you represent and warrant that you meet all +eligibility requirements that we outline in these Terms. +</p> +<p>FINANCIAL SELF-RESPONSIBILITY</p> +<p>You +will be responsible for maintaining the availability, integrity and +confidentiality of the data stored in your wallet. When you setup a +Taler Wallet, you are strongly advised to follow the precautionary +measures offered by the software to minimize the chances to losse +access to or control over your Wallet data. We will not be liable for +any loss or damage arising from your failure to comply with this +paragraph. +</p> +<h2>COPYRIGHTS and TRADEMARKS</h2> +<p>The +Taler Wallet is released under the terms of the GNU General Public +License (GNU GPL). You have the right to access, use, and share the +Taler Wallet, in modified or unmodified form. However, the GPL is a +strong copyleft license, which means that any derivative works must +be distributed under the same license terms as the original software. +If you have any questions, you should review the GNU GPL’s full +terms and conditions at https://www.gnu.org/licenses/gpl-3.0.en.html. +</p> +<p>"Taler" +itself is a trademark of Taler Systems SA. You are welcome to use the +name in relation to processing payments using the Taler protocol, +assuming your use is compatible with an official release from the GNU + Project that is not older than two years. +</p> +<h2>YOUR USE OF OUR SERVICES</h2> +<p>When +using our Services, you agree to not take any action that +intentionally imposes an unreasonable load on our infrastructure. If +you find security problems in our Services, you agree to first report +them to <a href="mailto:security@taler-systems.com">security@taler-systems.com</a> +and grant us the right to publish your report. We warrant that we +will ourselves publicly disclose any issues reported within 3 months, +and that we will not prosecute anyone reporting security issues if +they did not exploit the issue beyond a proof-of-concept, and +followed the above responsible disclosure practice.</p> +<h2>LIMITATION OF LIABILITY & DISCLAIMER OF WARRANTIES</h2> +<p>You +understand and agree that we have no control over, and no duty to +take any action regarding: Failures, disruptions, errors, or delays +in processing that you may experience while using our Services; The +risk of failure of hardware, software, and Internet connections; The +risk of malicious software being introduced or found in the software +underlying the Taler Wallet; The risk that third parties may obtain +unauthorized access to information stored within your Taler Wallet, +including, but not limited to your Taler Wallet coins or backup +encryption keys. +</p> +<p>You +release us from all liability related to any losses, damages, or +claims arising from: + <ol> + <li>user error such as forgotten passwords, incorrectly constructed +transactions;</li> + <li>server failure or data loss;</li> + <li>unauthorized access to the Taler Wallet application;</li> + <li>bugs or other errors in the Taler Wallet software; and</li> + <li>any unauthorized third party activities, including, but not limited +to, the use of viruses, phishing, brute forcing, or other means of +attack against the Taler Wallet. We make no representations +concerning any Third Party Content contained in or accessed through + our Services.</li> + </ol> +</p> +Any +other terms, conditions, warranties, or representations associated +with such content, are solely between you and such organizations +and/or individuals. +</p> +<h2>LIMITATION OF LIABILITY</h2> +</p> +<p>To +the fullest extent permitted by applicable law, in no event will we +or any of our officers, directors, representatives, agents, servants, +counsel, employees, consultants, lawyers, and other personnel +authorized to act, acting, or purporting to act on our behalf +(collectively the “Taler Parties”) be liable to you under +contract, tort, strict liability, negligence, or any other legal or + equitable theory, for: + <ol> + <li> +any lost profits, data loss, cost of procurement of substitute goods +or services, or direct, indirect, incidental, special, punitive, +compensatory, or consequential damages of any kind whatsoever +resulting from: +<ol> + <li> + your use of, or conduct in connection with, our services;</li> + <li> +any unauthorized use of your wallet and/or private key due to your +failure to maintain the confidentiality of your wallet;</li> + <li>any interruption or cessation of transmission to or from the + services; or</li> + <li>any bugs, viruses, trojan horses, or the like that are found in the +Taler Wallet software or that may be transmitted to or through our +services by any third party (regardless of the source of + origination)</li> +</ol> + <li>or any direct damages.</li> +</ol> +</p> +<p>These +limitations apply regardless of legal theory, whether based on tort, +strict liability, breach of contract, breach of warranty, or any +other legal theory, and whether or not we were advised of the +possibility of such damages. Some jurisdictions do not allow the +exclusion or limitation of liability for consequential or incidental +damages, so the above limitation may not apply to you. +</p> +<h2>WARRANTY DISCLAIMER</h2> +<p>Our +services are provided "as is" and without warranty of any +kind. To the maximum extent permitted by law, we disclaim all +representations and warranties, express or implied, relating to the +services and underlying software or any content on the services, +whether provided or owned by us or by any third party, including +without limitation, warranties of merchantability, fitness for a +particular purpose, title, non-infringement, freedom from computer +virus, and any implied warranties arising from course of dealing, +course of performance, or usage in trade, all of which are expressly +disclaimed. In addition, we do not represent or warrant that the +content accessible via the services is accurate, complete, available, +current, free of viruses or other harmful components, or that the +results of using the services will meet your requirements. Some +states do not allow the disclaimer of implied warranties, so the +foregoing disclaimers may not apply to you. This paragraph gives you +specific legal rights and you may also have other legal rights that +vary from state to state. +</p> + +<h2>INDEMNITY</h2> +<p>To +the extent permitted by applicable law, you agree to defend, +indemnify, and hold harmless the Taler Parties from and against any +and all claims, damages, obligations, losses, liabilities, costs or +debt, and expenses (including, but not limited to, attorney’s fees) +arising from: (a) your use of and access to the Services; (b) any +feedback or submissions you provide to us concerning the Taler +Wallet; (c) your violation of any term of this Agreement; or (d) your +violation of any law, rule, or regulation, or the rights of any third +party. +</p> +<h2>TIME LIMITATION ON CLAIMS</h2> +<p>You +agree that any claim you may have arising out of or related to your +relationship with us must be filed within one year after such claim +arises, otherwise, your claim in permanently barred. +</p> +<h2>GOVERNING LAW</h2> +<p>No +matter where you’re located, the laws of Switzerland will govern +these Terms. If any provisions of these Terms are inconsistent with +any applicable law, those provisions will be superseded or modified +only to the extent such provisions are inconsistent. The parties +agree to submit to the ordinary courts in Zurich, Switzerland for +exclusive jurisdiction of any dispute arising out of or related to +your use of the Services or your breach of these Terms. +</p> +<h2>TERMINATION</h2> +<p> +the event of termination concerning your use of our Services, your +obligations under this Agreement will still continue. +</p> +<h2>DISCONTINUANCE OF SERVICES</h2> +<p>We +may, in our sole discretion and without cost to you, with or without +prior notice, and at any time, modify or discontinue, temporarily or +permanently, any portion of our Services. We will use the Taler +protocol’s provisions to notify Wallets if our Services are to be +discontinued. It is your responsibility to ensure that the Taler +Wallet is online at least once every three months to observe these +notifications. We shall not be held responsible or liable for any +loss of funds in the event that we discontinue or depreciate the +Services and your Taler Wallet fails to transfer out the coins within + a three months notification period. +</p> +<h2>NO WAIVER</h2> +<p>Our +failure to exercise or delay in exercising any right, power, or +privilege under this Agreement shall not operate as a waiver; nor +shall any single or partial exercise of any right, power, or +privilege preclude any other or further exercise thereof. +</p> +<h2>SEVERABILITY</h2> +<p>If +it turns out that any part of this Agreement is invalid, void, or for +any reason unenforceable, that term will be deemed severable and +limited or eliminated to the minimum extent necessary. +</p> +<h2>FORCE MAJEURE</h2> +<p>We +shall not be held liable for any delays, failure in performance, or +interruptions of service which result directly or indirectly from any +cause or condition beyond our reasonable control, including but not +limited to: any delay or failure due to any act of God, act of civil +or military authorities, act of terrorism, civil disturbance, war, +strike or other labor dispute, fire, interruption in +telecommunications or Internet services or network provider services, +failure of equipment and/or software, other catastrophe, or any other +occurrence which is beyond our reasonable control and shall not +affect the validity and enforceability of any remaining provisions. +</p> +<h2>ASSIGNMENT</h2> +<p>You +agree that we may assign any of our rights and/or transfer, +sub-contract, or delegate any of our obligations under these Terms. +</p> +<h2>ENTIRE AGREEMENT</h2> +<p>This +Agreement sets forth the entire understanding and agreement as to the +subject matter hereof and supersedes any and all prior discussions, +agreements, and understandings of any kind (including, without +limitation, any prior versions of this Agreement) and every nature +between us. Except as provided for above, any modification to this +Agreement must be in writing and must be signed by both parties. +</p> +<h2>QUESTIONS OR COMMENTS</h2> +<p>We +welcome comments, questions, concerns, or suggestions. Please send us +a message on our contact page at <tt>legal@taler-systems.com</tt>. +</p> +</body> +</html> |