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| author | Christian Grothoff <christian@grothoff.org> | 2022-10-20 13:03:13 +0200 |
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| committer | Christian Grothoff <christian@grothoff.org> | 2022-10-20 13:03:13 +0200 |
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| parent | 1ae01f75cd5ee40f5a4c3177d7e7d2d4397e18b7 (diff) | |
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diff --git a/contrib/tos/en/bfh.epub b/contrib/tos/en/bfh.epub Binary files differnew file mode 100644 index 000000000..9a142cd95 --- /dev/null +++ b/contrib/tos/en/bfh.epub diff --git a/contrib/tos/en/bfh.html b/contrib/tos/en/bfh.html new file mode 100644 index 000000000..0a1c1d331 --- /dev/null +++ b/contrib/tos/en/bfh.html @@ -0,0 +1,316 @@ + + +<html lang="en"> + <head> + <meta charset="utf-8" /> + <meta name="viewport" content="width=device-width, initial-scale=1.0" /> + <title>Terms Of Service — Taler Terms of Service</title> + <link rel="stylesheet" href="_static/pygments.css" type="text/css" /> + <link rel="stylesheet" href="_static/epub.css" type="text/css" /> + <script id="documentation_options" data-url_root="./" src="_static/documentation_options.js"></script> + <script src="_static/jquery.js"></script> + <script src="_static/underscore.js"></script> + <script src="_static/doctools.js"></script> + </head><body> + + <div class="document"> + <div class="documentwrapper"> + <div class="bodywrapper"> + <div class="body" role="main"> + + <div class="section" id="terms-of-service"> +<h1>Terms Of Service<a class="headerlink" href="#terms-of-service" title="Permalink to this headline">¶</a></h1> +<p>Last Updated: 09.06.2022</p> +<p>Welcome! The ICE research center of the Bern University of Applied Sciences +in Switzerland (“we,” “our,” or “us”) provides an experimental 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> +<div class="section" id="this-is-research"> +<h2>This is research<a class="headerlink" href="#this-is-research" title="Permalink to this headline">¶</a></h2> +<p>This is a research experiment. Any funds wired to our Bitcoin address are +considered a donation to our research group. We may use them to enable +payments following the GNU Taler protocol, or simply keep them at our +discretion. The service is experimental and may also be discontinued at +any time, in which case all remaining funds will definitively be kept by +the research group.</p> +</div> +<div class="section" id="overview"> +<h2>Overview<a class="headerlink" href="#overview" title="Permalink to this headline">¶</a></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> +<div class="section" id="highlights"> +<h3>Highlights:<a class="headerlink" href="#highlights" title="Permalink to this headline">¶</a></h3> +<blockquote> +<div><ul class="simple"> +<li><p>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.</p></li> +<li><p>We may transfer funds we receive from 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. +Again, we stress this is a research experiment and technically all funds +held by the exchange are owned by the research group of the university.</p></li> +<li><p>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.</p></li> +<li><p>You agree to not intentionally overwhelm our systems with requests and +follow responsible disclosure if you find security issues in our services.</p></li> +<li><p>We cannot be held accountable for our Services not being available due to +any circumstances. If we modify or terminate our services, +we may 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.</p></li> +</ul> +</div></blockquote> +<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 +<a class="reference external" href="mailto:ice%40bfh.ch">ice<span>@</span>bfh<span>.</span>ch</a>. If you do not agree to this Agreement, you must not +use our Services.</p> +</div> +</div> +<div class="section" id="how-you-accept-this-policy"> +<h2>How you accept this policy<a class="headerlink" href="#how-you-accept-this-policy" title="Permalink to this headline">¶</a></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> +</div> +<div class="section" id="services"> +<h2>Services<a class="headerlink" href="#services" title="Permalink to this headline">¶</a></h2> +<p>We will try to transfer funds that we receive from users to any legal +recipient to the best of our ability and within the limitations of the +law. However, the Services offered today are highly experimental and the set +of recipients of funds is severely restricted. The Taler Wallet can be loaded +by exchanging fiat or cryptocurrencies 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. 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 may 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 may refuse to execute transfers if the +transfers are prohibited by a competent legal authority and we are ordered to +do so.</p> +<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 class="reference external" href="mailto:security%40taler-systems.com">security<span>@</span>taler-systems<span>.</span>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> +</div> +<div class="section" id="fees"> +<h2>Fees<a class="headerlink" href="#fees" title="Permalink to this headline">¶</a></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. You +authorize us to charge or deduct applicable fees owed in connection with +deposits, exchanges and withdrawals following the rules of the Taler protocol. +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> +</div> +<div class="section" id="eligibility-and-financial-self-responsibility"> +<h2>Eligibility and Financial self-responsibility<a class="headerlink" href="#eligibility-and-financial-self-responsibility" title="Permalink to this headline">¶</a></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>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> +</div> +<div class="section" id="copyrights-and-trademarks"> +<h2>Copyrights and trademarks<a class="headerlink" href="#copyrights-and-trademarks" title="Permalink to this headline">¶</a></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 +<a class="reference external" href="https://www.gnu.org/licenses/gpl-3.0.en.html">https://www.gnu.org/licenses/gpl-3.0.en.html</a>. “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> +</div> +<div class="section" id="limitation-of-liability-disclaimer-of-warranties"> +<h2>Limitation of liability & disclaimer of warranties<a class="headerlink" href="#limitation-of-liability-disclaimer-of-warranties" title="Permalink to this headline">¶</a></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. You release us from all liability related to any losses, +damages, or claims arising from:</p> +<ol class="loweralpha simple"> +<li><p>user error such as forgotten passwords, incorrectly constructed +transactions;</p></li> +<li><p>server failure or data loss;</p></li> +<li><p>unauthorized access to the Taler Wallet application;</p></li> +<li><p>bugs or other errors in the Taler Wallet software; and</p></li> +<li><p>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.</p></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> +<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:</p> +<ol class="loweralpha simple"> +<li><p>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:</p></li> +</ol> +<blockquote> +<div><ol class="lowerroman simple"> +<li><p>your use of, or conduct in connection with, our services;</p></li> +<li><p>any unauthorized use of your wallet and/or private key due to your +failure to maintain the confidentiality of your wallet;</p></li> +<li><p>any interruption or cessation of transmission to or from the services; or</p></li> +<li><p>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), or</p></li> +</ol> +</div></blockquote> +<ol class="loweralpha simple" start="2"> +<li><p>any direct damages.</p></li> +</ol> +<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> +<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> +</div> +<div class="section" id="indemnity-and-time-limitation-on-claims-and-termination"> +<h2>Indemnity and Time limitation on claims and Termination<a class="headerlink" href="#indemnity-and-time-limitation-on-claims-and-termination" title="Permalink to this headline">¶</a></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> +<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> +<p>In the event of termination concerning your use of our Services, your +obligations under this Agreement will still continue.</p> +</div> +<div class="section" id="discontinuance-of-services-and-force-majeure"> +<h2>Discontinuance of services and Force majeure<a class="headerlink" href="#discontinuance-of-services-and-force-majeure" title="Permalink to this headline">¶</a></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> +<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> +</div> +<div class="section" id="governing-law-waivers-severability-and-assignment"> +<h2>Governing law, Waivers, Severability and Assignment<a class="headerlink" href="#governing-law-waivers-severability-and-assignment" title="Permalink to this headline">¶</a></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 Bern, 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> +<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> +<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> +<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> +<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> +</div> +<div class="section" id="questions-or-comments"> +<h2>Questions or comments<a class="headerlink" href="#questions-or-comments" title="Permalink to this headline">¶</a></h2> +<p>We welcome comments, questions, concerns, or suggestions. Please send us a +message on our contact page at <a class="reference external" href="mailto:legal%40taler-systems.com">legal<span>@</span>taler-systems<span>.</span>com</a>.</p> +</div> +</div> + + + <div class="clearer"></div> + </div> + </div> + </div> + <div class="clearer"></div> + </div> + </body> +</html>
\ No newline at end of file diff --git a/contrib/tos/en/bfh.pdf b/contrib/tos/en/bfh.pdf Binary files differnew file mode 100644 index 000000000..56a5a5a38 --- /dev/null +++ b/contrib/tos/en/bfh.pdf diff --git a/contrib/tos/en/bfh.txt b/contrib/tos/en/bfh.txt new file mode 100644 index 000000000..19db09844 --- /dev/null +++ b/contrib/tos/en/bfh.txt @@ -0,0 +1,349 @@ +Terms Of Service +**************** + +Last Updated: 09.06.2022 + +Welcome! The ICE research center of the Bern University of Applied +Sciences in Switzerland (“we,” “our,” or “us”) provides an +experimental 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. + + +This is research +================ + +This is a research experiment. Any funds wired to our Bitcoin address +are considered a donation to our research group. We may use them to +enable payments following the GNU Taler protocol, or simply keep them +at our discretion. The service is experimental and may also be +discontinued at any time, in which case all remaining funds will +definitively be kept by the research group. + + +Overview +======== + +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. + + +Highlights: +----------- + + * 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. + + * We may transfer funds we receive from 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. Again, we stress this is a research + experiment and technically all funds held by the exchange are + owned by the research group of the university. + + * 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. + + * You agree to not intentionally overwhelm our systems with + requests and follow responsible disclosure if you find security + issues in our services. + + * We cannot be held accountable for our Services not being + available due to any circumstances. If we modify or terminate our + services, we may 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. + +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 ice@bfh.ch. If you do not agree to this Agreement, you must +not use our Services. + + +How you accept this policy +========================== + +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. + + +Services +======== + +We will try to transfer funds that we receive from users to any legal +recipient to the best of our ability and within the limitations of the +law. However, the Services offered today are highly experimental and +the set of recipients of funds is severely restricted. The Taler +Wallet can be loaded by exchanging fiat or cryptocurrencies 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. 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 may 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 may +refuse to execute transfers if the transfers are prohibited by a +competent legal authority and we are ordered to do so. + +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 security@taler-systems.com 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. + + +Fees +==== + +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. You +authorize us to charge or deduct applicable fees owed in connection +with deposits, exchanges and withdrawals following the rules of the +Taler protocol. 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. + + +Eligibility and Financial self-responsibility +============================================= + +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. + +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. + + +Copyrights and trademarks +========================= + +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. “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. + + +Limitation of liability & disclaimer of warranties +================================================== + +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. You release us from all liability related to any +losses, damages, or claims arising from: + +1. user error such as forgotten passwords, incorrectly constructed + transactions; + +2. server failure or data loss; + +3. unauthorized access to the Taler Wallet application; + +4. bugs or other errors in the Taler Wallet software; and + +5. 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. + +Any other terms, conditions, warranties, or representations associated +with such content, are solely between you and such organizations +and/or individuals. + +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: + +1. 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: + + 1. your use of, or conduct in connection with, our services; + + 2. any unauthorized use of your wallet and/or private key due to + your failure to maintain the confidentiality of your wallet; + + 3. any interruption or cessation of transmission to or from the + services; or + + 4. 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), or + +2. any direct damages. + +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. + +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. + + +Indemnity and Time limitation on claims and Termination +======================================================= + +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. + +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. + +In the event of termination concerning your use of our Services, your +obligations under this Agreement will still continue. + + +Discontinuance of services and Force majeure +============================================ + +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. + +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. + + +Governing law, Waivers, Severability and Assignment +=================================================== + +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 Bern, Switzerland for exclusive +jurisdiction of any dispute arising out of or related to your use of +the Services or your breach of these Terms. + +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. + +You agree that we may assign any of our rights and/or transfer, sub- +contract, or delegate any of our obligations under these Terms. + +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. + +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. + + +Questions or comments +===================== + +We welcome comments, questions, concerns, or suggestions. Please send +us a message on our contact page at legal@taler-systems.com. diff --git a/contrib/tos/en/bfh.xml b/contrib/tos/en/bfh.xml new file mode 100644 index 000000000..5b0eddd0c --- /dev/null +++ b/contrib/tos/en/bfh.xml @@ -0,0 +1,323 @@ +<?xml version="1.0" encoding="utf-8"?> +<!DOCTYPE document PUBLIC "+//IDN docutils.sourceforge.net//DTD Docutils Generic//EN//XML" "http://docutils.sourceforge.net/docs/ref/docutils.dtd"> +<!-- Generated by Docutils 0.16 --> +<document source="/research/taler/exchange/contrib/tos/bfh.rst"> + <section ids="terms-of-service" names="terms\ of\ service"> + <title>Terms Of Service</title> + <paragraph>Last Updated: 09.06.2022</paragraph> + <paragraph>Welcome! The ICE research center of the Bern University of Applied Sciences + in Switzerland (“we,” “our,” or “us”) provides an experimental 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.</paragraph> + <section ids="this-is-research" names="this\ is\ research"> + <title>This is research</title> + <paragraph>This is a research experiment. Any funds wired to our Bitcoin address are + considered a donation to our research group. We may use them to enable + payments following the GNU Taler protocol, or simply keep them at our + discretion. The service is experimental and may also be discontinued at + any time, in which case all remaining funds will definitively be kept by + the research group.</paragraph> + </section> + <section ids="overview" names="overview"> + <title>Overview</title> + <paragraph>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.</paragraph> + <section ids="highlights" names="highlights:"> + <title>Highlights:</title> + <block_quote> + <bullet_list bullet="•"> + <list_item> + <paragraph>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.</paragraph> + </list_item> + <list_item> + <paragraph>We may transfer funds we receive from 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. + Again, we stress this is a research experiment and technically all funds + held by the exchange are owned by the research group of the university.</paragraph> + </list_item> + <list_item> + <paragraph>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.</paragraph> + </list_item> + <list_item> + <paragraph>You agree to not intentionally overwhelm our systems with requests and + follow responsible disclosure if you find security issues in our services.</paragraph> + </list_item> + <list_item> + <paragraph>We cannot be held accountable for our Services not being available due to + any circumstances. If we modify or terminate our services, + we may 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.</paragraph> + </list_item> + </bullet_list> + </block_quote> + <paragraph>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 + <reference refuri="mailto:ice@bfh.ch">ice@bfh.ch</reference>. If you do not agree to this Agreement, you must not + use our Services.</paragraph> + </section> + </section> + <section ids="how-you-accept-this-policy" names="how\ you\ accept\ this\ policy"> + <title>How you accept this policy</title> + <paragraph>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.</paragraph> + </section> + <section ids="services" names="services"> + <title>Services</title> + <paragraph>We will try to transfer funds that we receive from users to any legal + recipient to the best of our ability and within the limitations of the + law. However, the Services offered today are highly experimental and the set + of recipients of funds is severely restricted. The Taler Wallet can be loaded + by exchanging fiat or cryptocurrencies 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. 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 may 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 may refuse to execute transfers if the + transfers are prohibited by a competent legal authority and we are ordered to + do so.</paragraph> + <paragraph>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 + <reference refuri="mailto:security@taler-systems.com">security@taler-systems.com</reference> 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.</paragraph> + </section> + <section ids="fees" names="fees"> + <title>Fees</title> + <paragraph>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. You + authorize us to charge or deduct applicable fees owed in connection with + deposits, exchanges and withdrawals following the rules of the Taler protocol. + 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.</paragraph> + </section> + <section ids="eligibility-and-financial-self-responsibility" names="eligibility\ and\ financial\ self-responsibility"> + <title>Eligibility and Financial self-responsibility</title> + <paragraph>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.</paragraph> + <paragraph>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.</paragraph> + </section> + <section ids="copyrights-and-trademarks" names="copyrights\ and\ trademarks"> + <title>Copyrights and trademarks</title> + <paragraph>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 + <reference refuri="https://www.gnu.org/licenses/gpl-3.0.en.html">https://www.gnu.org/licenses/gpl-3.0.en.html</reference>. “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.</paragraph> + </section> + <section ids="limitation-of-liability-disclaimer-of-warranties" names="limitation\ of\ liability\ &\ disclaimer\ of\ warranties"> + <title>Limitation of liability & disclaimer of warranties</title> + <paragraph>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. You release us from all liability related to any losses, + damages, or claims arising from:</paragraph> + <enumerated_list enumtype="loweralpha" prefix="(" suffix=")"> + <list_item> + <paragraph>user error such as forgotten passwords, incorrectly constructed + transactions;</paragraph> + </list_item> + <list_item> + <paragraph>server failure or data loss;</paragraph> + </list_item> + <list_item> + <paragraph>unauthorized access to the Taler Wallet application;</paragraph> + </list_item> + <list_item> + <paragraph>bugs or other errors in the Taler Wallet software; and</paragraph> + </list_item> + <list_item> + <paragraph>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.</paragraph> + </list_item> + </enumerated_list> + <paragraph>Any other terms, conditions, warranties, or representations associated with + such content, are solely between you and such organizations and/or + individuals.</paragraph> + <paragraph>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:</paragraph> + <enumerated_list enumtype="loweralpha" prefix="(" suffix=")"> + <list_item> + <paragraph>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:</paragraph> + </list_item> + </enumerated_list> + <block_quote> + <enumerated_list enumtype="lowerroman" prefix="(" suffix=")"> + <list_item> + <paragraph>your use of, or conduct in connection with, our services;</paragraph> + </list_item> + <list_item> + <paragraph>any unauthorized use of your wallet and/or private key due to your + failure to maintain the confidentiality of your wallet;</paragraph> + </list_item> + <list_item> + <paragraph>any interruption or cessation of transmission to or from the services; or</paragraph> + </list_item> + <list_item> + <paragraph>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), or</paragraph> + </list_item> + </enumerated_list> + </block_quote> + <enumerated_list enumtype="loweralpha" prefix="(" start="2" suffix=")"> + <list_item> + <paragraph>any direct damages.</paragraph> + </list_item> + </enumerated_list> + <paragraph>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.</paragraph> + <paragraph>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.</paragraph> + </section> + <section ids="indemnity-and-time-limitation-on-claims-and-termination" names="indemnity\ and\ time\ limitation\ on\ claims\ and\ termination"> + <title>Indemnity and Time limitation on claims and Termination</title> + <paragraph>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.</paragraph> + <paragraph>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.</paragraph> + <paragraph>In the event of termination concerning your use of our Services, your + obligations under this Agreement will still continue.</paragraph> + </section> + <section ids="discontinuance-of-services-and-force-majeure" names="discontinuance\ of\ services\ and\ force\ majeure"> + <title>Discontinuance of services and Force majeure</title> + <paragraph>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.</paragraph> + <paragraph>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.</paragraph> + </section> + <section ids="governing-law-waivers-severability-and-assignment" names="governing\ law,\ waivers,\ severability\ and\ assignment"> + <title>Governing law, Waivers, Severability and Assignment</title> + <paragraph>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 Bern, Switzerland for exclusive jurisdiction of any dispute + arising out of or related to your use of the Services or your breach of these + Terms.</paragraph> + <paragraph>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.</paragraph> + <paragraph>You agree that we may assign any of our rights and/or transfer, sub-contract, + or delegate any of our obligations under these Terms.</paragraph> + <paragraph>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.</paragraph> + <paragraph>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.</paragraph> + </section> + <section ids="questions-or-comments" names="questions\ or\ comments"> + <title>Questions or comments</title> + <paragraph>We welcome comments, questions, concerns, or suggestions. Please send us a + message on our contact page at <reference refuri="mailto:legal@taler-systems.com">legal@taler-systems.com</reference>.</paragraph> + </section> + </section> +</document> |