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diff --git a/contrib/tos/en/tos-v0.md b/contrib/tos/en/tos-v0.md deleted file mode 100644 index c124d70ee..000000000 --- a/contrib/tos/en/tos-v0.md +++ /dev/null @@ -1,337 +0,0 @@ -Terms Of Service -**************** - -Last Updated: 12.4.2019 - -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. - - -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 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. - - * 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 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. - -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. - - -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 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. - -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 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. - -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. |