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diff --git a/contrib/tos/en/0.xml b/contrib/tos/en/0.xml new file mode 100644 index 000000000..45871ead4 --- /dev/null +++ b/contrib/tos/en/0.xml @@ -0,0 +1,344 @@ +<?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 0.14 --> +<document source="/home/grothoff/research/taler/exchange/contrib/tos/tos.rst"> + <section ids="terms-of-service" names="terms\ of\ service"> + <title>Terms Of Service</title> + <paragraph>Last Updated: 12.4.2019</paragraph> + <paragraph>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.</paragraph> + <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 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.</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 + 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.</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:legal@taler-systems.com">legal@taler-systems.com</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 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. 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. 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.</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" names="eligibility"> + <title>Eligibility</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> + </section> + <section ids="financial-self-responsibility" names="financial\ self-responsibility"> + <title>Financial self-responsibility</title> + <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="your-use-of-our-services" names="your\ use\ of\ our\ services"> + <title>Your use of our services</title> + <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="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> + </section> + <section ids="limitation-of-liability" names="limitation\ of\ liability"> + <title>Limitation of liability</title> + <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> + </section> + <section ids="warranty-disclaimer" names="warranty\ disclaimer"> + <title>Warranty disclaimer</title> + <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="indemntiy" names="indemntiy"> + <title>Indemntiy</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> + </section> + <section ids="time-limitation-on-claims" names="time\ limitation\ on\ claims"> + <title>Time limitation on claims</title> + <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> + </section> + <section ids="governing-law" names="governing\ law"> + <title>Governing law</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 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.</paragraph> + </section> + <section ids="termination" names="termination"> + <title>Termination</title> + <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" names="discontinuance\ of\ services"> + <title>Discontinuance of services</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> + </section> + <section ids="no-waiver" names="no\ waiver"> + <title>No waiver</title> + <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> + </section> + <section ids="severability" names="severability"> + <title>Severability</title> + <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> + </section> + <section ids="force-majeure" names="force\ majeure"> + <title>Force majeure</title> + <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="assignment" names="assignment"> + <title>Assignment</title> + <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> + </section> + <section ids="entire-agreement" names="entire\ agreement"> + <title>Entire agreement</title> + <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> |