+ Welcome! Taler Systems SA (“we,” “our,” or “us”) provides a payment service +through our Internet presence (collectively the “Services”). Before using our +Services, please read the Terms of Service (the “Terms” or the “Agreement”) +carefully. +
++ 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: +
These +terms outline approved uses of our Services. The Services and these +Terms are still at an experimental stage. If you have any questions +or comments related to this Agreement, please send us a message to +legal@taler-systems.com. If you do not agree to this Agreement, you +must not use our Services. +
+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.
+We +will try to transfer funds that we hold in escrow for our users to +any legal recipient to the best of our ability and within the +limitations of the law and our implementation. However, the Services +offered today are highly experimental and the set of recipients of +funds is severely restricted.
+The +Taler Wallet can be loaded by exchanging fiat currencies against +electronic coins. We are providing this exchange service. Once your +Taler Wallet is loaded with electronic coins they can be spent for +purchases if the seller is accepting Taler as a means of payment. We +are not guaranteeing that any seller is accepting Taler at all or a +particular seller.
+The +seller or recipient of deposits of electronic coins must specify the +target account, as per the design of the Taler protocol. They are +responsible for following the protocol and specifying the correct +bank account, and are solely liable for any losses that may arise +from specifying the wrong account. We will allow the government to +link wire transfers to the underlying contract hash. It is the +responsibility of recipients to preserve the full contracts and to +pay whatever taxes and charges may be applicable. Technical issues +may lead to situations where we are unable to make transfers at all +or lead to incorrect transfers that cannot be reversed. We will only +refuse to execute transfers if the transfers are prohibited by a +competent legal authority and we are ordered to do so.
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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.
+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. +
+FINANCIAL SELF-RESPONSIBILITY
+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. +
+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. +
+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.
+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: +
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: +
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. +
+ +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. +
+No +matter where you’re located, the laws of Switzerland will govern +these Terms. If any provisions of these Terms are inconsistent with +any applicable law, those provisions will be superseded or modified +only to the extent such provisions are inconsistent. The parties +agree to submit to the ordinary courts in Zurich, Switzerland for +exclusive jurisdiction of any dispute arising out of or related to +your use of the Services or your breach of these Terms. +
++the event of termination concerning your use of our Services, your +obligations under this Agreement will still continue. +
+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. +
+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. +
+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. +
+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. +
+You +agree that we may assign any of our rights and/or transfer, +sub-contract, or delegate any of our obligations under these Terms. +
+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. +
+We +welcome comments, questions, concerns, or suggestions. Please send us +a message on our contact page at legal@taler-systems.com. +
+ + diff --git a/contrib/tos/en/0.txt b/contrib/tos/en/0.txt new file mode 100644 index 000000000..5a5ee1b9a --- /dev/null +++ b/contrib/tos/en/0.txt @@ -0,0 +1,295 @@ +Terms Of Service - Last Updated: 12.4.2019 + +Welcome! Taler Systems SA (“we,” “our,” or “us”) provides a payment service +through our Internet presence (collectively the “Services”). Before using our +Services, please read the Terms of Service (the “Terms” or the “Agreement”) +carefully. + +OVERVIEW + +This section provides a brief summary of the highlights of this +Agreement. Please note that when you accept this Agreement, you are accepting +all of the terms and conditions and not just this section. We and possibly +other third parties provide Internet services which interact with the Taler +Wallet’s self-hosted personal payment application. When using the Taler Wallet +to interact with our Services, you are agreeing to our Terms, so please read +carefully. + +Highlights: + • You are responsible for keeping the data in your Taler Wallet at all times + under your control. Any losses arising from you not being in control of + your private information are your problem. + • We will try to transfer funds we hold in escrow for our users to any legal + recipient to the best of our ability within the limitations of the law and + our implementation. However, the Services offered today are highly + experimental and the set of recipients of funds is severely restricted. + • For our Services, we may charge transaction fees. The specific fee structure + is provided based on the Taler protocol and should be shown to you when you + withdraw electronic coins using a Taler Wallet. You agree and understand + that the Taler protocol allows for the fee structure to change. + • You agree to not intentionally overwhelm our systems with requests and + follow responsible disclosure if you find security issues in our services. + • We cannot be held accountable for our Services not being available due to + circumstances beyond our control. If we modify or terminate our services, + we will try to give you the opportunity to recover your funds. However, + given the experimental state of the Services today, this may not be + possible. You are strongly advised to limit your use of the Service + to small-scale experiments expecting total loss of all funds. + +These terms outline approved uses of our Services. The Services and these +Terms are still at an experimental stage. If you have any questions or +comments related to this Agreement, please send us a message to +legal@taler-systems.com. If you do not agree to this Agreement, you must not +use our Services. + +HOW YOU ACCEPT THIS POLICY + +By sending funds to us (to top-up your Taler Wallet), you acknowledge that you +have read, understood, and agreed to these Terms. We reserve the right to +change these Terms at any time. If you disagree with the change, we may in the +future offer you with an easy option to recover your unspent funds. However, +in the current experimental period you acknowledge that this feature is not +yet available, resulting in your funds being lost unless you accept the new +Terms. If you continue to use our Services other than to recover your unspent +funds, your continued use of our Services following any such change will +signify your acceptance to be bound by the then current Terms. Please check +the effective date above to determine if there have been any changes since you +have last reviewed these Terms. + +SERVICES + +We will try to transfer funds that we hold in escrow for our users to any +legal recipient to the best of our ability and within the limitations of the +law and our implementation. However, the Services offered today are highly +experimental and the set of recipients of funds is severely restricted. The +Taler Wallet can be loaded by exchanging fiat currencies against electronic +coins. We are providing this exchange service. Once your Taler Wallet is +loaded with electronic coins they can be spent for purchases if the seller is +accepting Taler as a means of payment. We are not guaranteeing that any seller +is accepting Taler at all or a particular seller. The seller or recipient of +deposits of electronic coins must specify the target account, as per the +design of the Taler protocol. They are responsible for following the protocol +and specifying the correct bank account, and are solely liable for any losses +that may arise from specifying the wrong account. We will allow the government +to link wire transfers to the underlying contract hash. It is the +responsibility of recipients to preserve the full contracts and to pay +whatever taxes and charges may be applicable. Technical issues may lead to +situations where we are unable to make transfers at all or lead to incorrect +transfers that cannot be reversed. We will only refuse to execute transfers if +the transfers are prohibited by a competent legal authority and we are ordered +to do so. + +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 + +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. + +FINANCIAL SELF-RESPONSIBILITY + +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. + +YOUR USE OF OUR SERVICES + +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. + +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: + +(a) user error such as forgotten passwords, incorrectly constructed + transactions; +(b) server failure or data loss; +(c) unauthorized access to the Taler Wallet application; +(d) bugs or other errors in the Taler Wallet software; and +(e) 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. + +LIMITATION OF LIABILITY + +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: + +(a) 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: + (i) your use of, or conduct in connection with, our services; + (ii) any unauthorized use of your wallet and/or private key due to your + failure to maintain the confidentiality of your wallet; + (iii) any interruption or cessation of transmission to or from the services; or + (iv) 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 +(b) 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. + +WARRANTY DISCLAIMER + +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 + +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. + +TIME LIMITATION ON CLAIMS + +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. + +GOVERNING LAW + +No matter where you’re located, the laws of Switzerland will govern these +Terms. If any provisions of these Terms are inconsistent with any applicable +law, those provisions will be superseded or modified only to the extent such +provisions are inconsistent. The parties agree to submit to the ordinary +courts in Zurich, Switzerland for exclusive jurisdiction of any dispute +arising out of or related to your use of the Services or your breach of these +Terms. + +TERMINATION + +In the event of termination concerning your use of our Services, your +obligations under this Agreement will still continue. + +DISCONTINUANCE OF SERVICES + +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. + +NO WAIVER + +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. + +SEVERABILITY + +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. + +FORCE MAJEURE + +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. + +ASSIGNMENT + +You agree that we may assign any of our rights and/or transfer, sub-contract, +or delegate any of our obligations under these Terms. + +ENTIRE AGREEMENT + +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.