324 lines
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324 lines
25 KiB
XML
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<?xml version="1.0" encoding="utf-8"?>
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<!DOCTYPE document PUBLIC "+//IDN docutils.sourceforge.net//DTD Docutils Generic//EN//XML" "http://docutils.sourceforge.net/docs/ref/docutils.dtd">
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<!-- Generated by Docutils 0.16 -->
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<document source="/research/taler/exchange/contrib/tos/bfh.rst">
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<section ids="terms-of-service" names="terms\ of\ service">
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<title>Terms Of Service</title>
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<paragraph>Last Updated: 09.06.2022</paragraph>
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<paragraph>Welcome! The ICE research center of the Bern University of Applied Sciences
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in Switzerland (“we,” “our,” or “us”) provides an experimental payment service
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through our Internet presence (collectively the “Services”). Before using our
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Services, please read the Terms of Service (the “Terms” or the “Agreement”)
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carefully.</paragraph>
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<section ids="this-is-research" names="this\ is\ research">
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<title>This is research</title>
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<paragraph>This is a research experiment. Any funds wired to our Bitcoin address are
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considered a donation to our research group. We may use them to enable
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payments following the GNU Taler protocol, or simply keep them at our
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discretion. The service is experimental and may also be discontinued at
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any time, in which case all remaining funds will definitively be kept by
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the research group.</paragraph>
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</section>
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<section ids="overview" names="overview">
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<title>Overview</title>
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<paragraph>This section provides a brief summary of the highlights of this
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Agreement. Please note that when you accept this Agreement, you are accepting
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all of the terms and conditions and not just this section. We and possibly
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other third parties provide Internet services which interact with the Taler
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Wallet’s self-hosted personal payment application. When using the Taler Wallet
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to interact with our Services, you are agreeing to our Terms, so please read
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carefully.</paragraph>
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<section ids="highlights" names="highlights:">
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<title>Highlights:</title>
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<block_quote>
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<bullet_list bullet="•">
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<list_item>
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<paragraph>You are responsible for keeping the data in your Taler Wallet at all times
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under your control. Any losses arising from you not being in control of
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your private information are your problem.</paragraph>
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</list_item>
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<list_item>
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<paragraph>We may transfer funds we receive from our users to any legal
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recipient to the best of our ability within the limitations of the law and
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our implementation. However, the Services offered today are highly
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experimental and the set of recipients of funds is severely restricted.
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Again, we stress this is a research experiment and technically all funds
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held by the exchange are owned by the research group of the university.</paragraph>
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</list_item>
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<list_item>
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<paragraph>For our Services, we may charge transaction fees. The specific fee structure
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is provided based on the Taler protocol and should be shown to you when you
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withdraw electronic coins using a Taler Wallet. You agree and understand
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that the Taler protocol allows for the fee structure to change.</paragraph>
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</list_item>
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<list_item>
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<paragraph>You agree to not intentionally overwhelm our systems with requests and
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follow responsible disclosure if you find security issues in our services.</paragraph>
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</list_item>
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<list_item>
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<paragraph>We cannot be held accountable for our Services not being available due to
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any circumstances. If we modify or terminate our services,
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we may give you the opportunity to recover your funds. However,
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given the experimental state of the Services today, this may not be
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possible. You are strongly advised to limit your use of the Service
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to small-scale experiments expecting total loss of all funds.</paragraph>
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</list_item>
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</bullet_list>
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</block_quote>
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<paragraph>These terms outline approved uses of our Services. The Services and these
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Terms are still at an experimental stage. If you have any questions or
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comments related to this Agreement, please send us a message to
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<reference refuri="mailto:ice@bfh.ch">ice@bfh.ch</reference>. If you do not agree to this Agreement, you must not
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use our Services.</paragraph>
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</section>
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</section>
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<section ids="how-you-accept-this-policy" names="how\ you\ accept\ this\ policy">
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<title>How you accept this policy</title>
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<paragraph>By sending funds to us (to top-up your Taler Wallet), you acknowledge that you
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have read, understood, and agreed to these Terms. We reserve the right to
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change these Terms at any time. If you disagree with the change, we may in the
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future offer you with an easy option to recover your unspent funds. However,
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in the current experimental period you acknowledge that this feature is not
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yet available, resulting in your funds being lost unless you accept the new
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Terms. If you continue to use our Services other than to recover your unspent
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funds, your continued use of our Services following any such change will
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signify your acceptance to be bound by the then current Terms. Please check
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the effective date above to determine if there have been any changes since you
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have last reviewed these Terms.</paragraph>
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</section>
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<section ids="services" names="services">
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<title>Services</title>
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<paragraph>We will try to transfer funds that we receive from users to any legal
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recipient to the best of our ability and within the limitations of the
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law. However, the Services offered today are highly experimental and the set
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of recipients of funds is severely restricted. The Taler Wallet can be loaded
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by exchanging fiat or cryptocurrencies against electronic coins. We are
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providing this exchange service. Once your Taler Wallet is loaded with
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electronic coins they can be spent for purchases if the seller is accepting
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Taler as a means of payment. We are not guaranteeing that any seller is
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accepting Taler at all or a particular seller. The seller or recipient of
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deposits of electronic coins must specify the target account, as per the
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design of the Taler protocol. They are responsible for following the protocol
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and specifying the correct bank account, and are solely liable for any losses
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that may arise from specifying the wrong account. We may allow the government
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to link wire transfers to the underlying contract hash. It is the
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responsibility of recipients to preserve the full contracts and to pay
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whatever taxes and charges may be applicable. Technical issues may lead to
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situations where we are unable to make transfers at all or lead to incorrect
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transfers that cannot be reversed. We may refuse to execute transfers if the
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transfers are prohibited by a competent legal authority and we are ordered to
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do so.</paragraph>
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<paragraph>When using our Services, you agree to not take any action that intentionally
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imposes an unreasonable load on our infrastructure. If you find security
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problems in our Services, you agree to first report them to
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<reference refuri="mailto:security@taler-systems.com">security@taler-systems.com</reference> and grant us the right to publish your report. We
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warrant that we will ourselves publicly disclose any issues reported within 3
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months, and that we will not prosecute anyone reporting security issues if
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they did not exploit the issue beyond a proof-of-concept, and followed the
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above responsible disclosure practice.</paragraph>
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</section>
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<section ids="fees" names="fees">
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<title>Fees</title>
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<paragraph>You agree to pay the fees for exchanges and withdrawals completed via the
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Taler Wallet (“Fees”) as defined by us, which we may change from time to
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time. With the exception of wire transfer fees, Taler transaction fees are set
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for any electronic coin at the time of withdrawal and fixed throughout the
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validity period of the respective electronic coin. Your wallet should obtain
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and display applicable fees when withdrawing funds. Fees for coins obtained as
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change may differ from the fees applicable to the original coin. Wire transfer
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fees that are independent from electronic coins may change annually. You
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authorize us to charge or deduct applicable fees owed in connection with
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deposits, exchanges and withdrawals following the rules of the Taler protocol.
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We reserve the right to provide different types of rewards to users either in
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the form of discount for our Services or in any other form at our discretion
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and without prior notice to you.</paragraph>
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</section>
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<section ids="eligibility-and-financial-self-responsibility" names="eligibility\ and\ financial\ self-responsibility">
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<title>Eligibility and Financial self-responsibility</title>
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<paragraph>To be eligible to use our Services, you must be able to form legally binding
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contracts or have the permission of your legal guardian. By using our
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Services, you represent and warrant that you meet all eligibility requirements
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that we outline in these Terms.</paragraph>
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<paragraph>You will be responsible for maintaining the availability, integrity and
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confidentiality of the data stored in your wallet. When you setup a Taler
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Wallet, you are strongly advised to follow the precautionary measures offered
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by the software to minimize the chances to losse access to or control over
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your Wallet data. We will not be liable for any loss or damage arising from
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your failure to comply with this paragraph.</paragraph>
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</section>
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<section ids="copyrights-and-trademarks" names="copyrights\ and\ trademarks">
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<title>Copyrights and trademarks</title>
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<paragraph>The Taler Wallet is released under the terms of the GNU General Public License
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(GNU GPL). You have the right to access, use, and share the Taler Wallet, in
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modified or unmodified form. However, the GPL is a strong copyleft license,
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which means that any derivative works must be distributed under the same
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license terms as the original software. If you have any questions, you should
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review the GNU GPL’s full terms and conditions at
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<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
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of Taler Systems SA. You are welcome to use the name in relation to processing
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payments using the Taler protocol, assuming your use is compatible with an
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official release from the GNU Project that is not older than two years.</paragraph>
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</section>
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<section ids="limitation-of-liability-disclaimer-of-warranties" names="limitation\ of\ liability\ &\ disclaimer\ of\ warranties">
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<title>Limitation of liability & disclaimer of warranties</title>
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<paragraph>You understand and agree that we have no control over, and no duty to take any
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action regarding: Failures, disruptions, errors, or delays in processing that
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you may experience while using our Services; The risk of failure of hardware,
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software, and Internet connections; The risk of malicious software being
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introduced or found in the software underlying the Taler Wallet; The risk that
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third parties may obtain unauthorized access to information stored within your
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Taler Wallet, including, but not limited to your Taler Wallet coins or backup
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encryption keys. You release us from all liability related to any losses,
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damages, or claims arising from:</paragraph>
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<enumerated_list enumtype="loweralpha" prefix="(" suffix=")">
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<list_item>
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<paragraph>user error such as forgotten passwords, incorrectly constructed
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transactions;</paragraph>
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</list_item>
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<list_item>
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<paragraph>server failure or data loss;</paragraph>
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</list_item>
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<list_item>
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<paragraph>unauthorized access to the Taler Wallet application;</paragraph>
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</list_item>
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<list_item>
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<paragraph>bugs or other errors in the Taler Wallet software; and</paragraph>
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</list_item>
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<list_item>
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<paragraph>any unauthorized third party activities, including, but not limited to,
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the use of viruses, phishing, brute forcing, or other means of attack
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against the Taler Wallet. We make no representations concerning any
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Third Party Content contained in or accessed through our Services.</paragraph>
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</list_item>
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</enumerated_list>
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<paragraph>Any other terms, conditions, warranties, or representations associated with
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such content, are solely between you and such organizations and/or
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individuals.</paragraph>
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<paragraph>To the fullest extent permitted by applicable law, in no event will we or any
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of our officers, directors, representatives, agents, servants, counsel,
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employees, consultants, lawyers, and other personnel authorized to act,
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acting, or purporting to act on our behalf (collectively the “Taler Parties”)
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be liable to you under contract, tort, strict liability, negligence, or any
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other legal or equitable theory, for:</paragraph>
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<enumerated_list enumtype="loweralpha" prefix="(" suffix=")">
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<list_item>
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<paragraph>any lost profits, data loss, cost of procurement of substitute goods or
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services, or direct, indirect, incidental, special, punitive, compensatory,
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or consequential damages of any kind whatsoever resulting from:</paragraph>
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</list_item>
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</enumerated_list>
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<block_quote>
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<enumerated_list enumtype="lowerroman" prefix="(" suffix=")">
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<list_item>
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<paragraph>your use of, or conduct in connection with, our services;</paragraph>
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</list_item>
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<list_item>
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<paragraph>any unauthorized use of your wallet and/or private key due to your
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failure to maintain the confidentiality of your wallet;</paragraph>
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</list_item>
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<list_item>
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<paragraph>any interruption or cessation of transmission to or from the services; or</paragraph>
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</list_item>
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<list_item>
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<paragraph>any bugs, viruses, trojan horses, or the like that are found in the Taler
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Wallet software or that may be transmitted to or through our services by
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any third party (regardless of the source of origination), or</paragraph>
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</list_item>
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</enumerated_list>
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</block_quote>
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<enumerated_list enumtype="loweralpha" prefix="(" start="2" suffix=")">
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<list_item>
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<paragraph>any direct damages.</paragraph>
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</list_item>
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</enumerated_list>
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<paragraph>These limitations apply regardless of legal theory, whether based on tort,
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strict liability, breach of contract, breach of warranty, or any other legal
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theory, and whether or not we were advised of the possibility of such
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damages. Some jurisdictions do not allow the exclusion or limitation of
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liability for consequential or incidental damages, so the above limitation may
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not apply to you.</paragraph>
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<paragraph>Our services are provided “as is” and without warranty of any kind. To the
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maximum extent permitted by law, we disclaim all representations and
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warranties, express or implied, relating to the services and underlying
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software or any content on the services, whether provided or owned by us or by
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any third party, including without limitation, warranties of merchantability,
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fitness for a particular purpose, title, non-infringement, freedom from
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computer virus, and any implied warranties arising from course of dealing,
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course of performance, or usage in trade, all of which are expressly
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disclaimed. In addition, we do not represent or warrant that the content
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accessible via the services is accurate, complete, available, current, free of
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viruses or other harmful components, or that the results of using the services
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will meet your requirements. Some states do not allow the disclaimer of
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implied warranties, so the foregoing disclaimers may not apply to you. This
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paragraph gives you specific legal rights and you may also have other legal
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rights that vary from state to state.</paragraph>
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</section>
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<section ids="indemnity-and-time-limitation-on-claims-and-termination" names="indemnity\ and\ time\ limitation\ on\ claims\ and\ termination">
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<title>Indemnity and Time limitation on claims and Termination</title>
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<paragraph>To the extent permitted by applicable law, you agree to defend, indemnify, and
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hold harmless the Taler Parties from and against any and all claims, damages,
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obligations, losses, liabilities, costs or debt, and expenses (including, but
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not limited to, attorney’s fees) arising from: (a) your use of and access to
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the Services; (b) any feedback or submissions you provide to us concerning the
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Taler Wallet; (c) your violation of any term of this Agreement; or (d) your
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violation of any law, rule, or regulation, or the rights of any third party.</paragraph>
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<paragraph>You agree that any claim you may have arising out of or related to your
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relationship with us must be filed within one year after such claim arises,
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otherwise, your claim in permanently barred.</paragraph>
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<paragraph>In the event of termination concerning your use of our Services, your
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obligations under this Agreement will still continue.</paragraph>
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</section>
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<section ids="discontinuance-of-services-and-force-majeure" names="discontinuance\ of\ services\ and\ force\ majeure">
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<title>Discontinuance of services and Force majeure</title>
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<paragraph>We may, in our sole discretion and without cost to you, with or without prior
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notice, and at any time, modify or discontinue, temporarily or permanently,
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any portion of our Services. We will use the Taler protocol’s provisions to
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notify Wallets if our Services are to be discontinued. It is your
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responsibility to ensure that the Taler Wallet is online at least once every
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three months to observe these notifications. We shall not be held responsible
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or liable for any loss of funds in the event that we discontinue or depreciate
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the Services and your Taler Wallet fails to transfer out the coins within a
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three months notification period.</paragraph>
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<paragraph>We shall not be held liable for any delays, failure in performance, or
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interruptions of service which result directly or indirectly from any cause or
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condition beyond our reasonable control, including but not limited to: any
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delay or failure due to any act of God, act of civil or military authorities,
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act of terrorism, civil disturbance, war, strike or other labor dispute, fire,
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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>
|