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