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<html lang="en">
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<head>
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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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<link rel="stylesheet" href="_static/pygments.css" type="text/css" />
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<link rel="stylesheet" href="_static/epub.css" type="text/css" />
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<script id="documentation_options" data-url_root="./" src="_static/documentation_options.js"></script>
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<script src="_static/jquery.js"></script>
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<script src="_static/underscore.js"></script>
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<script src="_static/doctools.js"></script>
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</head><body>
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<div class="document">
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<div class="documentwrapper">
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<div class="bodywrapper">
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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
|
||||||
|
will meet your requirements. Some states do not allow the disclaimer of
|
||||||
|
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
|
||||||
|
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,
|
||||||
|
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
|
||||||
|
three months notification period.</p>
|
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<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,
|
||||||
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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
|
||||||
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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
|
||||||
|
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.</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
|
||||||
|
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">
|
||||||
|
<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>
|
||||||
|
</div>
|
||||||
|
</div>
|
||||||
|
|
||||||
|
|
||||||
|
<div class="clearer"></div>
|
||||||
|
</div>
|
||||||
|
</div>
|
||||||
|
</div>
|
||||||
|
<div class="clearer"></div>
|
||||||
|
</div>
|
||||||
|
</body>
|
||||||
|
</html>
|
||||||
BIN
contrib/tos/en/bfh.pdf
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contrib/tos/en/bfh.txt
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349
contrib/tos/en/bfh.txt
Normal file
@ -0,0 +1,349 @@
|
|||||||
|
Terms Of Service
|
||||||
|
****************
|
||||||
|
|
||||||
|
Last Updated: 09.06.2022
|
||||||
|
|
||||||
|
Welcome! The ICE research center of the Bern University of Applied
|
||||||
|
Sciences in Switzerland (“we,” “our,” or “us”) provides an
|
||||||
|
experimental 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.
|
||||||
|
|
||||||
|
|
||||||
|
This is research
|
||||||
|
================
|
||||||
|
|
||||||
|
This is a research experiment. Any funds wired to our Bitcoin address
|
||||||
|
are considered a donation to our research group. We may use them to
|
||||||
|
enable payments following the GNU Taler protocol, or simply keep them
|
||||||
|
at our discretion. The service is experimental and may also be
|
||||||
|
discontinued at any time, in which case all remaining funds will
|
||||||
|
definitively be kept by the research group.
|
||||||
|
|
||||||
|
|
||||||
|
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 may transfer funds we receive from 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. Again, we stress this is a research
|
||||||
|
experiment and technically all funds held by the exchange are
|
||||||
|
owned by the research group of the university.
|
||||||
|
|
||||||
|
* 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 any circumstances. If we modify or terminate our
|
||||||
|
services, we may 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 ice@bfh.ch. 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 receive from users to any legal
|
||||||
|
recipient to the best of our ability and within the limitations of the
|
||||||
|
law. 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 or cryptocurrencies 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 may 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 may
|
||||||
|
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 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.
|
||||||
|
|
||||||
|
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.
|
||||||
323
contrib/tos/en/bfh.xml
Normal file
323
contrib/tos/en/bfh.xml
Normal file
@ -0,0 +1,323 @@
|
|||||||
|
<?xml version="1.0" encoding="utf-8"?>
|
||||||
|
<!DOCTYPE document PUBLIC "+//IDN docutils.sourceforge.net//DTD Docutils Generic//EN//XML" "http://docutils.sourceforge.net/docs/ref/docutils.dtd">
|
||||||
|
<!-- Generated by Docutils 0.16 -->
|
||||||
|
<document source="/research/taler/exchange/contrib/tos/bfh.rst">
|
||||||
|
<section ids="terms-of-service" names="terms\ of\ service">
|
||||||
|
<title>Terms Of Service</title>
|
||||||
|
<paragraph>Last Updated: 09.06.2022</paragraph>
|
||||||
|
<paragraph>Welcome! The ICE research center of the Bern University of Applied Sciences
|
||||||
|
in Switzerland (“we,” “our,” or “us”) provides an experimental payment service
|
||||||
|
through our Internet presence (collectively the “Services”). Before using our
|
||||||
|
Services, please read the Terms of Service (the “Terms” or the “Agreement”)
|
||||||
|
carefully.</paragraph>
|
||||||
|
<section ids="this-is-research" names="this\ is\ research">
|
||||||
|
<title>This is research</title>
|
||||||
|
<paragraph>This is a research experiment. Any funds wired to our Bitcoin address are
|
||||||
|
considered a donation to our research group. We may use them to enable
|
||||||
|
payments following the GNU Taler protocol, or simply keep them at our
|
||||||
|
discretion. The service is experimental and may also be discontinued at
|
||||||
|
any time, in which case all remaining funds will definitively be kept by
|
||||||
|
the research group.</paragraph>
|
||||||
|
</section>
|
||||||
|
<section ids="overview" names="overview">
|
||||||
|
<title>Overview</title>
|
||||||
|
<paragraph>This section provides a brief summary of the highlights of this
|
||||||
|
Agreement. Please note that when you accept this Agreement, you are accepting
|
||||||
|
all of the terms and conditions and not just this section. We and possibly
|
||||||
|
other third parties provide Internet services which interact with the Taler
|
||||||
|
Wallet’s self-hosted personal payment application. When using the Taler Wallet
|
||||||
|
to interact with our Services, you are agreeing to our Terms, so please read
|
||||||
|
carefully.</paragraph>
|
||||||
|
<section ids="highlights" names="highlights:">
|
||||||
|
<title>Highlights:</title>
|
||||||
|
<block_quote>
|
||||||
|
<bullet_list bullet="•">
|
||||||
|
<list_item>
|
||||||
|
<paragraph>You are responsible for keeping the data in your Taler Wallet at all times
|
||||||
|
under your control. Any losses arising from you not being in control of
|
||||||
|
your private information are your problem.</paragraph>
|
||||||
|
</list_item>
|
||||||
|
<list_item>
|
||||||
|
<paragraph>We may transfer funds we receive from 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.
|
||||||
|
Again, we stress this is a research experiment and technically all funds
|
||||||
|
held by the exchange are owned by the research group of the university.</paragraph>
|
||||||
|
</list_item>
|
||||||
|
<list_item>
|
||||||
|
<paragraph>For our Services, we may charge transaction fees. The specific fee structure
|
||||||
|
is provided based on the Taler protocol and should be shown to you when you
|
||||||
|
withdraw electronic coins using a Taler Wallet. You agree and understand
|
||||||
|
that the Taler protocol allows for the fee structure to change.</paragraph>
|
||||||
|
</list_item>
|
||||||
|
<list_item>
|
||||||
|
<paragraph>You agree to not intentionally overwhelm our systems with requests and
|
||||||
|
follow responsible disclosure if you find security issues in our services.</paragraph>
|
||||||
|
</list_item>
|
||||||
|
<list_item>
|
||||||
|
<paragraph>We cannot be held accountable for our Services not being available due to
|
||||||
|
any circumstances. If we modify or terminate our services,
|
||||||
|
we may give you the opportunity to recover your funds. However,
|
||||||
|
given the experimental state of the Services today, this may not be
|
||||||
|
possible. You are strongly advised to limit your use of the Service
|
||||||
|
to small-scale experiments expecting total loss of all funds.</paragraph>
|
||||||
|
</list_item>
|
||||||
|
</bullet_list>
|
||||||
|
</block_quote>
|
||||||
|
<paragraph>These terms outline approved uses of our Services. The Services and these
|
||||||
|
Terms are still at an experimental stage. If you have any questions or
|
||||||
|
comments related to this Agreement, please send us a message to
|
||||||
|
<reference refuri="mailto:ice@bfh.ch">ice@bfh.ch</reference>. If you do not agree to this Agreement, you must not
|
||||||
|
use our Services.</paragraph>
|
||||||
|
</section>
|
||||||
|
</section>
|
||||||
|
<section ids="how-you-accept-this-policy" names="how\ you\ accept\ this\ policy">
|
||||||
|
<title>How you accept this policy</title>
|
||||||
|
<paragraph>By sending funds to us (to top-up your Taler Wallet), you acknowledge that you
|
||||||
|
have read, understood, and agreed to these Terms. We reserve the right to
|
||||||
|
change these Terms at any time. If you disagree with the change, we may in the
|
||||||
|
future offer you with an easy option to recover your unspent funds. However,
|
||||||
|
in the current experimental period you acknowledge that this feature is not
|
||||||
|
yet available, resulting in your funds being lost unless you accept the new
|
||||||
|
Terms. If you continue to use our Services other than to recover your unspent
|
||||||
|
funds, your continued use of our Services following any such change will
|
||||||
|
signify your acceptance to be bound by the then current Terms. Please check
|
||||||
|
the effective date above to determine if there have been any changes since you
|
||||||
|
have last reviewed these Terms.</paragraph>
|
||||||
|
</section>
|
||||||
|
<section ids="services" names="services">
|
||||||
|
<title>Services</title>
|
||||||
|
<paragraph>We will try to transfer funds that we receive from users to any legal
|
||||||
|
recipient to the best of our ability and within the limitations of the
|
||||||
|
law. 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 or cryptocurrencies 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 may 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 may refuse to execute transfers if the
|
||||||
|
transfers are prohibited by a competent legal authority and we are ordered to
|
||||||
|
do so.</paragraph>
|
||||||
|
<paragraph>When using our Services, you agree to not take any action that intentionally
|
||||||
|
imposes an unreasonable load on our infrastructure. If you find security
|
||||||
|
problems in our Services, you agree to first report them to
|
||||||
|
<reference refuri="mailto:security@taler-systems.com">security@taler-systems.com</reference> and grant us the right to publish your report. We
|
||||||
|
warrant that we will ourselves publicly disclose any issues reported within 3
|
||||||
|
months, and that we will not prosecute anyone reporting security issues if
|
||||||
|
they did not exploit the issue beyond a proof-of-concept, and followed the
|
||||||
|
above responsible disclosure practice.</paragraph>
|
||||||
|
</section>
|
||||||
|
<section ids="fees" names="fees">
|
||||||
|
<title>Fees</title>
|
||||||
|
<paragraph>You agree to pay the fees for exchanges and withdrawals completed via the
|
||||||
|
Taler Wallet (“Fees”) as defined by us, which we may change from time to
|
||||||
|
time. With the exception of wire transfer fees, Taler transaction fees are set
|
||||||
|
for any electronic coin at the time of withdrawal and fixed throughout the
|
||||||
|
validity period of the respective electronic coin. Your wallet should obtain
|
||||||
|
and display applicable fees when withdrawing funds. Fees for coins obtained as
|
||||||
|
change may differ from the fees applicable to the original coin. Wire transfer
|
||||||
|
fees that are independent from electronic coins may change annually. You
|
||||||
|
authorize us to charge or deduct applicable fees owed in connection with
|
||||||
|
deposits, exchanges and withdrawals following the rules of the Taler protocol.
|
||||||
|
We reserve the right to provide different types of rewards to users either in
|
||||||
|
the form of discount for our Services or in any other form at our discretion
|
||||||
|
and without prior notice to you.</paragraph>
|
||||||
|
</section>
|
||||||
|
<section ids="eligibility-and-financial-self-responsibility" names="eligibility\ and\ financial\ self-responsibility">
|
||||||
|
<title>Eligibility and Financial self-responsibility</title>
|
||||||
|
<paragraph>To be eligible to use our Services, you must be able to form legally binding
|
||||||
|
contracts or have the permission of your legal guardian. By using our
|
||||||
|
Services, you represent and warrant that you meet all eligibility requirements
|
||||||
|
that we outline in these Terms.</paragraph>
|
||||||
|
<paragraph>You will be responsible for maintaining the availability, integrity and
|
||||||
|
confidentiality of the data stored in your wallet. When you setup a Taler
|
||||||
|
Wallet, you are strongly advised to follow the precautionary measures offered
|
||||||
|
by the software to minimize the chances to losse access to or control over
|
||||||
|
your Wallet data. We will not be liable for any loss or damage arising from
|
||||||
|
your failure to comply with this paragraph.</paragraph>
|
||||||
|
</section>
|
||||||
|
<section ids="copyrights-and-trademarks" names="copyrights\ and\ trademarks">
|
||||||
|
<title>Copyrights and trademarks</title>
|
||||||
|
<paragraph>The Taler Wallet is released under the terms of the GNU General Public License
|
||||||
|
(GNU GPL). You have the right to access, use, and share the Taler Wallet, in
|
||||||
|
modified or unmodified form. However, the GPL is a strong copyleft license,
|
||||||
|
which means that any derivative works must be distributed under the same
|
||||||
|
license terms as the original software. If you have any questions, you should
|
||||||
|
review the GNU GPL’s full terms and conditions at
|
||||||
|
<reference refuri="https://www.gnu.org/licenses/gpl-3.0.en.html">https://www.gnu.org/licenses/gpl-3.0.en.html</reference>. “Taler” itself is a trademark
|
||||||
|
of Taler Systems SA. You are welcome to use the name in relation to processing
|
||||||
|
payments using the Taler protocol, assuming your use is compatible with an
|
||||||
|
official release from the GNU Project that is not older than two years.</paragraph>
|
||||||
|
</section>
|
||||||
|
<section ids="limitation-of-liability-disclaimer-of-warranties" names="limitation\ of\ liability\ &\ disclaimer\ of\ warranties">
|
||||||
|
<title>Limitation of liability & disclaimer of warranties</title>
|
||||||
|
<paragraph>You understand and agree that we have no control over, and no duty to take any
|
||||||
|
action regarding: Failures, disruptions, errors, or delays in processing that
|
||||||
|
you may experience while using our Services; The risk of failure of hardware,
|
||||||
|
software, and Internet connections; The risk of malicious software being
|
||||||
|
introduced or found in the software underlying the Taler Wallet; The risk that
|
||||||
|
third parties may obtain unauthorized access to information stored within your
|
||||||
|
Taler Wallet, including, but not limited to your Taler Wallet coins or backup
|
||||||
|
encryption keys. You release us from all liability related to any losses,
|
||||||
|
damages, or claims arising from:</paragraph>
|
||||||
|
<enumerated_list enumtype="loweralpha" prefix="(" suffix=")">
|
||||||
|
<list_item>
|
||||||
|
<paragraph>user error such as forgotten passwords, incorrectly constructed
|
||||||
|
transactions;</paragraph>
|
||||||
|
</list_item>
|
||||||
|
<list_item>
|
||||||
|
<paragraph>server failure or data loss;</paragraph>
|
||||||
|
</list_item>
|
||||||
|
<list_item>
|
||||||
|
<paragraph>unauthorized access to the Taler Wallet application;</paragraph>
|
||||||
|
</list_item>
|
||||||
|
<list_item>
|
||||||
|
<paragraph>bugs or other errors in the Taler Wallet software; and</paragraph>
|
||||||
|
</list_item>
|
||||||
|
<list_item>
|
||||||
|
<paragraph>any unauthorized third party activities, including, but not limited to,
|
||||||
|
the use of viruses, phishing, brute forcing, or other means of attack
|
||||||
|
against the Taler Wallet. We make no representations concerning any
|
||||||
|
Third Party Content contained in or accessed through our Services.</paragraph>
|
||||||
|
</list_item>
|
||||||
|
</enumerated_list>
|
||||||
|
<paragraph>Any other terms, conditions, warranties, or representations associated with
|
||||||
|
such content, are solely between you and such organizations and/or
|
||||||
|
individuals.</paragraph>
|
||||||
|
<paragraph>To the fullest extent permitted by applicable law, in no event will we or any
|
||||||
|
of our officers, directors, representatives, agents, servants, counsel,
|
||||||
|
employees, consultants, lawyers, and other personnel authorized to act,
|
||||||
|
acting, or purporting to act on our behalf (collectively the “Taler Parties”)
|
||||||
|
be liable to you under contract, tort, strict liability, negligence, or any
|
||||||
|
other legal or equitable theory, for:</paragraph>
|
||||||
|
<enumerated_list enumtype="loweralpha" prefix="(" suffix=")">
|
||||||
|
<list_item>
|
||||||
|
<paragraph>any lost profits, data loss, cost of procurement of substitute goods or
|
||||||
|
services, or direct, indirect, incidental, special, punitive, compensatory,
|
||||||
|
or consequential damages of any kind whatsoever resulting from:</paragraph>
|
||||||
|
</list_item>
|
||||||
|
</enumerated_list>
|
||||||
|
<block_quote>
|
||||||
|
<enumerated_list enumtype="lowerroman" prefix="(" suffix=")">
|
||||||
|
<list_item>
|
||||||
|
<paragraph>your use of, or conduct in connection with, our services;</paragraph>
|
||||||
|
</list_item>
|
||||||
|
<list_item>
|
||||||
|
<paragraph>any unauthorized use of your wallet and/or private key due to your
|
||||||
|
failure to maintain the confidentiality of your wallet;</paragraph>
|
||||||
|
</list_item>
|
||||||
|
<list_item>
|
||||||
|
<paragraph>any interruption or cessation of transmission to or from the services; or</paragraph>
|
||||||
|
</list_item>
|
||||||
|
<list_item>
|
||||||
|
<paragraph>any bugs, viruses, trojan horses, or the like that are found in the Taler
|
||||||
|
Wallet software or that may be transmitted to or through our services by
|
||||||
|
any third party (regardless of the source of origination), or</paragraph>
|
||||||
|
</list_item>
|
||||||
|
</enumerated_list>
|
||||||
|
</block_quote>
|
||||||
|
<enumerated_list enumtype="loweralpha" prefix="(" start="2" suffix=")">
|
||||||
|
<list_item>
|
||||||
|
<paragraph>any direct damages.</paragraph>
|
||||||
|
</list_item>
|
||||||
|
</enumerated_list>
|
||||||
|
<paragraph>These limitations apply regardless of legal theory, whether based on tort,
|
||||||
|
strict liability, breach of contract, breach of warranty, or any other legal
|
||||||
|
theory, and whether or not we were advised of the possibility of such
|
||||||
|
damages. Some jurisdictions do not allow the exclusion or limitation of
|
||||||
|
liability for consequential or incidental damages, so the above limitation may
|
||||||
|
not apply to you.</paragraph>
|
||||||
|
<paragraph>Our services are provided “as is” and without warranty of any kind. To the
|
||||||
|
maximum extent permitted by law, we disclaim all representations and
|
||||||
|
warranties, express or implied, relating to the services and underlying
|
||||||
|
software or any content on the services, whether provided or owned by us or by
|
||||||
|
any third party, including without limitation, warranties of merchantability,
|
||||||
|
fitness for a particular purpose, title, non-infringement, freedom from
|
||||||
|
computer virus, and any implied warranties arising from course of dealing,
|
||||||
|
course of performance, or usage in trade, all of which are expressly
|
||||||
|
disclaimed. In addition, we do not represent or warrant that the content
|
||||||
|
accessible via the services is accurate, complete, available, current, free of
|
||||||
|
viruses or other harmful components, or that the results of using the services
|
||||||
|
will meet your requirements. Some states do not allow the disclaimer of
|
||||||
|
implied warranties, so the foregoing disclaimers may not apply to you. This
|
||||||
|
paragraph gives you specific legal rights and you may also have other legal
|
||||||
|
rights that vary from state to state.</paragraph>
|
||||||
|
</section>
|
||||||
|
<section ids="indemnity-and-time-limitation-on-claims-and-termination" names="indemnity\ and\ time\ limitation\ on\ claims\ and\ termination">
|
||||||
|
<title>Indemnity and Time limitation on claims and Termination</title>
|
||||||
|
<paragraph>To the extent permitted by applicable law, you agree to defend, indemnify, and
|
||||||
|
hold harmless the Taler Parties from and against any and all claims, damages,
|
||||||
|
obligations, losses, liabilities, costs or debt, and expenses (including, but
|
||||||
|
not limited to, attorney’s fees) arising from: (a) your use of and access to
|
||||||
|
the Services; (b) any feedback or submissions you provide to us concerning the
|
||||||
|
Taler Wallet; (c) your violation of any term of this Agreement; or (d) your
|
||||||
|
violation of any law, rule, or regulation, or the rights of any third party.</paragraph>
|
||||||
|
<paragraph>You agree that any claim you may have arising out of or related to your
|
||||||
|
relationship with us must be filed within one year after such claim arises,
|
||||||
|
otherwise, your claim in permanently barred.</paragraph>
|
||||||
|
<paragraph>In the event of termination concerning your use of our Services, your
|
||||||
|
obligations under this Agreement will still continue.</paragraph>
|
||||||
|
</section>
|
||||||
|
<section ids="discontinuance-of-services-and-force-majeure" names="discontinuance\ of\ services\ and\ force\ majeure">
|
||||||
|
<title>Discontinuance of services and Force majeure</title>
|
||||||
|
<paragraph>We may, in our sole discretion and without cost to you, with or without prior
|
||||||
|
notice, and at any time, modify or discontinue, temporarily or permanently,
|
||||||
|
any portion of our Services. We will use the Taler protocol’s provisions to
|
||||||
|
notify Wallets if our Services are to be discontinued. It is your
|
||||||
|
responsibility to ensure that the Taler Wallet is online at least once every
|
||||||
|
three months to observe these notifications. We shall not be held responsible
|
||||||
|
or liable for any loss of funds in the event that we discontinue or depreciate
|
||||||
|
the Services and your Taler Wallet fails to transfer out the coins within a
|
||||||
|
three months notification period.</paragraph>
|
||||||
|
<paragraph>We shall not be held liable for any delays, failure in performance, or
|
||||||
|
interruptions of service which result directly or indirectly from any cause or
|
||||||
|
condition beyond our reasonable control, including but not limited to: any
|
||||||
|
delay or failure due to any act of God, act of civil or military authorities,
|
||||||
|
act of terrorism, civil disturbance, war, strike or other labor dispute, fire,
|
||||||
|
interruption in telecommunications or Internet services or network provider
|
||||||
|
services, failure of equipment and/or software, other catastrophe, or any
|
||||||
|
other occurrence which is beyond our reasonable control and shall not affect
|
||||||
|
the validity and enforceability of any remaining provisions.</paragraph>
|
||||||
|
</section>
|
||||||
|
<section ids="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>
|
||||||
Loading…
Reference in New Issue
Block a user