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316 lines
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<html lang="en">
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<meta charset="utf-8" />
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<meta name="viewport" content="width=device-width, initial-scale=1.0" />
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<title>Terms Of Service — Taler Terms of Service</title>
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</head><body>
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<div class="document">
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<div class="body" role="main">
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<div class="section" id="terms-of-service">
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<h1>Terms Of Service<a class="headerlink" href="#terms-of-service" title="Permalink to this headline">¶</a></h1>
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<p>Last Updated: 09.06.2022</p>
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<p>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.</p>
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<div class="section" id="this-is-research">
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<h2>This is research<a class="headerlink" href="#this-is-research" title="Permalink to this headline">¶</a></h2>
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<p>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.</p>
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</div>
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<div class="section" id="overview">
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<h2>Overview<a class="headerlink" href="#overview" title="Permalink to this headline">¶</a></h2>
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<p>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.</p>
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<div class="section" id="highlights">
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<h3>Highlights:<a class="headerlink" href="#highlights" title="Permalink to this headline">¶</a></h3>
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<blockquote>
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<div><ul class="simple">
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<li><p>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.</p></li>
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<li><p>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.</p></li>
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<li><p>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.</p></li>
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<li><p>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.</p></li>
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<li><p>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.</p></li>
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</ul>
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</div></blockquote>
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<p>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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<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
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use our Services.</p>
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</div>
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</div>
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<div class="section" id="how-you-accept-this-policy">
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<h2>How you accept this policy<a class="headerlink" href="#how-you-accept-this-policy" title="Permalink to this headline">¶</a></h2>
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<p>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.</p>
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</div>
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<div class="section" id="services">
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<h2>Services<a class="headerlink" href="#services" title="Permalink to this headline">¶</a></h2>
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<p>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.</p>
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<p>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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<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
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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.</p>
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</div>
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<div class="section" id="fees">
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<h2>Fees<a class="headerlink" href="#fees" title="Permalink to this headline">¶</a></h2>
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<p>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.</p>
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</div>
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<div class="section" id="eligibility-and-financial-self-responsibility">
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<h2>Eligibility and Financial self-responsibility<a class="headerlink" href="#eligibility-and-financial-self-responsibility" title="Permalink to this headline">¶</a></h2>
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<p>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.</p>
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<p>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.</p>
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</div>
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<div class="section" id="copyrights-and-trademarks">
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<h2>Copyrights and trademarks<a class="headerlink" href="#copyrights-and-trademarks" title="Permalink to this headline">¶</a></h2>
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<p>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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<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
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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.</p>
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</div>
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<div class="section" id="limitation-of-liability-disclaimer-of-warranties">
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<h2>Limitation of liability & disclaimer of warranties<a class="headerlink" href="#limitation-of-liability-disclaimer-of-warranties" title="Permalink to this headline">¶</a></h2>
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<p>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:</p>
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<ol class="loweralpha simple">
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<li><p>user error such as forgotten passwords, incorrectly constructed
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transactions;</p></li>
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<li><p>server failure or data loss;</p></li>
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<li><p>unauthorized access to the Taler Wallet application;</p></li>
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<li><p>bugs or other errors in the Taler Wallet software; and</p></li>
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<li><p>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.</p></li>
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</ol>
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<p>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.</p>
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<p>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:</p>
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<ol class="loweralpha simple">
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<li><p>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:</p></li>
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</ol>
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<blockquote>
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<div><ol class="lowerroman simple">
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<li><p>your use of, or conduct in connection with, our services;</p></li>
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<li><p>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;</p></li>
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<li><p>any interruption or cessation of transmission to or from the services; or</p></li>
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<li><p>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</p></li>
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</ol>
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</div></blockquote>
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<ol class="loweralpha simple" start="2">
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<li><p>any direct damages.</p></li>
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</ol>
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<p>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.</p>
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<p>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.</p>
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</div>
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<div class="section" id="indemnity-and-time-limitation-on-claims-and-termination">
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<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>
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<p>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.</p>
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<p>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.</p>
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<p>In the event of termination concerning your use of our Services, your
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obligations under this Agreement will still continue.</p>
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</div>
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<div class="section" id="discontinuance-of-services-and-force-majeure">
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<h2>Discontinuance of services and Force majeure<a class="headerlink" href="#discontinuance-of-services-and-force-majeure" title="Permalink to this headline">¶</a></h2>
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<p>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.</p>
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<p>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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|
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interruption in telecommunications or Internet services or network provider
|
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|
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services, failure of equipment and/or software, other catastrophe, or any
|
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other occurrence which is beyond our reasonable control and shall not affect
|
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the validity and enforceability of any remaining provisions.</p>
|
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</div>
|
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<div class="section" id="governing-law-waivers-severability-and-assignment">
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<h2>Governing law, Waivers, Severability and Assignment<a class="headerlink" href="#governing-law-waivers-severability-and-assignment" title="Permalink to this headline">¶</a></h2>
|
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<p>No matter where you’re located, the laws of Switzerland will govern these
|
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|
|
Terms. If any provisions of these Terms are inconsistent with any applicable
|
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|
|
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
|
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|
|
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">
|
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|
|
<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>
|
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|
|
</div>
|
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