add TOS
This commit is contained in:
Christian Grothoff
parent
7126482822
commit
711027f651
11
Makefile.am
11
Makefile.am
@ -3,15 +3,15 @@ AM_CPPFLAGS = -I$(top_srcdir)/src/include
|
|||||||
|
|
||||||
if DOC_ONLY
|
if DOC_ONLY
|
||||||
if ENABLE_DOC
|
if ENABLE_DOC
|
||||||
SUBDIRS = . doc
|
SUBDIRS = . contrib doc
|
||||||
else
|
else
|
||||||
SUBDIRS = .
|
SUBDIRS = . contrib
|
||||||
endif
|
endif
|
||||||
else
|
else
|
||||||
if ENABLE_DOC
|
if ENABLE_DOC
|
||||||
SUBDIRS = . src doc
|
SUBDIRS = . contrib src doc
|
||||||
else
|
else
|
||||||
SUBDIRS = . src doc
|
SUBDIRS = . contrib src
|
||||||
endif
|
endif
|
||||||
endif
|
endif
|
||||||
|
|
||||||
@ -20,7 +20,4 @@ endif
|
|||||||
ACLOCAL_AMFLAGS = -I m4
|
ACLOCAL_AMFLAGS = -I m4
|
||||||
EXTRA_DIST = \
|
EXTRA_DIST = \
|
||||||
AUTHORS \
|
AUTHORS \
|
||||||
contrib/coverage.sh \
|
|
||||||
contrib/gnunet.tag \
|
|
||||||
contrib/microhttpd.tag \
|
|
||||||
Doxyfile
|
Doxyfile
|
||||||
|
|||||||
@ -537,6 +537,8 @@ AM_CONDITIONAL([HAVE_TWISTER], [false])
|
|||||||
])
|
])
|
||||||
|
|
||||||
AC_CONFIG_FILES([Makefile
|
AC_CONFIG_FILES([Makefile
|
||||||
|
contrib/Makefile
|
||||||
|
contrib/tos/Makefile
|
||||||
doc/Makefile
|
doc/Makefile
|
||||||
src/Makefile
|
src/Makefile
|
||||||
src/auditor/Makefile
|
src/auditor/Makefile
|
||||||
|
|||||||
6
contrib/Makefile.am
Normal file
6
contrib/Makefile.am
Normal file
@ -0,0 +1,6 @@
|
|||||||
|
SUBDIRS = . tos
|
||||||
|
|
||||||
|
EXTRA_DIST = \
|
||||||
|
coverage.sh \
|
||||||
|
gnunet.tag \
|
||||||
|
microhttpd.tag
|
||||||
11
contrib/tos/Makefile.am
Normal file
11
contrib/tos/Makefile.am
Normal file
@ -0,0 +1,11 @@
|
|||||||
|
|
||||||
|
# English (en)
|
||||||
|
tosendir=$(pkgdatadir)/tos/en
|
||||||
|
|
||||||
|
tosen_DATA = \
|
||||||
|
en/0.txt \
|
||||||
|
en/0.docx \
|
||||||
|
en/0.html
|
||||||
|
|
||||||
|
EXTRA_DIST = \
|
||||||
|
$(tosen_DATA)
|
||||||
BIN
contrib/tos/en/0.docx
Normal file
BIN
contrib/tos/en/0.docx
Normal file
Binary file not shown.
364
contrib/tos/en/0.html
Normal file
364
contrib/tos/en/0.html
Normal file
@ -0,0 +1,364 @@
|
|||||||
|
<!DOCTYPE HTML PUBLIC "-//W3C//DTD HTML 4.0 Transitional//EN">
|
||||||
|
<html>
|
||||||
|
<head>
|
||||||
|
<meta http-equiv="content-type" content="text/html; charset=utf-8"/>
|
||||||
|
<title></title>
|
||||||
|
<meta name="author" content="Michael Widmer"/>
|
||||||
|
<meta name="created" content="2019-12-01T07:06:00"/>
|
||||||
|
<meta name="changed" content="2019-12-04T00:01:19.809905379"/>
|
||||||
|
</head>
|
||||||
|
<body lang="en">
|
||||||
|
<h1>Terms Of Service - Last Updated: 12.4.2019</h1>
|
||||||
|
|
||||||
|
<p>
|
||||||
|
Welcome! Taler Systems SA (“we,” “our,” or “us”) provides a payment service
|
||||||
|
through our Internet presence (collectively the “Services”). Before using our
|
||||||
|
Services, please read the Terms of Service (the “Terms” or the “Agreement”)
|
||||||
|
carefully.
|
||||||
|
</p>
|
||||||
|
<h2>Overview</h2>
|
||||||
|
<p>
|
||||||
|
This
|
||||||
|
section provides a brief summary of the highlights of this Agreement.
|
||||||
|
Please note that when you accept this Agreement, you are accepting
|
||||||
|
all of the terms and conditions and not just this section. We and
|
||||||
|
possibly other third parties provide Internet services which interact
|
||||||
|
with the Taler Wallet’s self-hosted personal payment application.
|
||||||
|
When using the Taler Wallet to interact with our Services, you are
|
||||||
|
agreeing to our Terms, so please read carefully.
|
||||||
|
</p>
|
||||||
|
<p>Highlights:
|
||||||
|
<ul>
|
||||||
|
<li>You
|
||||||
|
are responsible for keeping the data in your Taler Wallet at all
|
||||||
|
times under your control. Any losses arising from you not being in
|
||||||
|
control of your private information are your problem.
|
||||||
|
<li>We
|
||||||
|
will try to transfer funds we hold in escrow for our users to any
|
||||||
|
legal recipient to the best of our ability within the limitations of
|
||||||
|
the law and our implementation. However, the Services offered today
|
||||||
|
are highly experimental and the set of recipients of funds is
|
||||||
|
severely restricted.
|
||||||
|
<li>For
|
||||||
|
our Services, we may charge transaction fees. The specific fee
|
||||||
|
structure is provided based on the Taler protocol and should be
|
||||||
|
shown to you when you withdraw electronic coins using a Taler
|
||||||
|
Wallet. You agree and understand that the Taler protocol allows for
|
||||||
|
the fee structure to change.
|
||||||
|
<li>You
|
||||||
|
agree to not intentionally overwhelm our systems with requests and
|
||||||
|
follow responsible disclosure if you find security issues in our
|
||||||
|
services.
|
||||||
|
<li>We
|
||||||
|
cannot be held accountable for our Services not being available due
|
||||||
|
to circumstances beyond our control. If we modify or terminate our
|
||||||
|
services, we will try to give you the opportunity to recover your
|
||||||
|
funds. However, given the experimental state of the Services today,
|
||||||
|
this may not be possible. You are strongly advised to limit your use
|
||||||
|
of the Service to small-scale experiments expecting total loss of
|
||||||
|
all funds.
|
||||||
|
</ul></p>
|
||||||
|
<p>These
|
||||||
|
terms outline approved uses of our Services. The Services and these
|
||||||
|
Terms are still at an experimental stage. If you have any questions
|
||||||
|
or comments related to this Agreement, please send us a message to
|
||||||
|
legal@taler-systems.com. If you do not agree to this Agreement, you
|
||||||
|
must not use our Services.
|
||||||
|
</p>
|
||||||
|
<h2>How you accept this policy</h2>
|
||||||
|
<p>By
|
||||||
|
sending funds to us (to top-up your Taler Wallet), you acknowledge
|
||||||
|
that you have read, understood, and agreed to these Terms. We reserve
|
||||||
|
the right to change these Terms at any time. If you disagree with the
|
||||||
|
change, we may in the future offer you with an easy option to recover
|
||||||
|
your unspent funds. However, in the current experimental period you
|
||||||
|
acknowledge that this feature is not yet available, resulting in your
|
||||||
|
funds being lost unless you accept the new Terms. If you continue to
|
||||||
|
use our Services other than to recover your unspent funds, your
|
||||||
|
continued use of our Services following any such change will signify
|
||||||
|
your acceptance to be bound by the then current Terms. Please check
|
||||||
|
the effective date above to determine if there have been any changes
|
||||||
|
since you have last reviewed these Terms.</p>
|
||||||
|
<h2>Services</h2>
|
||||||
|
<p>We
|
||||||
|
will try to transfer funds that we hold in escrow for our users to
|
||||||
|
any legal recipient to the best of our ability and within the
|
||||||
|
limitations of the law and our implementation. However, the Services
|
||||||
|
offered today are highly experimental and the set of recipients of
|
||||||
|
funds is severely restricted.</p>
|
||||||
|
<p>The
|
||||||
|
Taler Wallet can be loaded by exchanging fiat currencies against
|
||||||
|
electronic coins. We are providing this exchange service. Once your
|
||||||
|
Taler Wallet is loaded with electronic coins they can be spent for
|
||||||
|
purchases if the seller is accepting Taler as a means of payment. We
|
||||||
|
are not guaranteeing that any seller is accepting Taler at all or a
|
||||||
|
particular seller.</p>
|
||||||
|
<p>The
|
||||||
|
seller or recipient of deposits of electronic coins must specify the
|
||||||
|
target account, as per the design of the Taler protocol. They are
|
||||||
|
responsible for following the protocol and specifying the correct
|
||||||
|
bank account, and are solely liable for any losses that may arise
|
||||||
|
from specifying the wrong account. We will allow the government to
|
||||||
|
link wire transfers to the underlying contract hash. It is the
|
||||||
|
responsibility of recipients to preserve the full contracts and to
|
||||||
|
pay whatever taxes and charges may be applicable. Technical issues
|
||||||
|
may lead to situations where we are unable to make transfers at all
|
||||||
|
or lead to incorrect transfers that cannot be reversed. We will only
|
||||||
|
refuse to execute transfers if the transfers are prohibited by a
|
||||||
|
competent legal authority and we are ordered to do so.</p>
|
||||||
|
<p lang="en" class="western" style="margin-bottom: 0.19in; line-height: 100%">
|
||||||
|
<br/>
|
||||||
|
<br/>
|
||||||
|
|
||||||
|
</p>
|
||||||
|
<h2>FEES</h2>
|
||||||
|
<p>You
|
||||||
|
agree to pay the fees for exchanges and withdrawals completed via the
|
||||||
|
Taler Wallet ("Fees") as defined by us, which we may change
|
||||||
|
from time to time. With the exception of wire transfer fees, Taler
|
||||||
|
transaction fees are set for any electronic coin at the time of
|
||||||
|
withdrawal and fixed throughout the validity period of the respective
|
||||||
|
electronic coin. Your wallet should obtain and display applicable
|
||||||
|
fees when withdrawing funds. Fees for coins obtained as change may
|
||||||
|
differ from the fees applicable to the original coin. Wire transfer
|
||||||
|
fees that are independent from electronic coins may change annually.
|
||||||
|
</p>
|
||||||
|
<p>You
|
||||||
|
authorize us to charge or deduct applicable fees owed in connection
|
||||||
|
with deposits, exchanges and withdrawals following the rules of the
|
||||||
|
Taler protocol.</p>
|
||||||
|
<p>We
|
||||||
|
reserve the right to provide different types of rewards to users
|
||||||
|
either in the form of discount for our Services or in any other form
|
||||||
|
at our discretion and without prior notice to you.</p>
|
||||||
|
<h2>ELIGIBILITY</h2>
|
||||||
|
<p>To
|
||||||
|
be eligible to use our Services, you must be able to form legally
|
||||||
|
binding contracts or have the permission of your legal guardian. By
|
||||||
|
using our Services, you represent and warrant that you meet all
|
||||||
|
eligibility requirements that we outline in these Terms.
|
||||||
|
</p>
|
||||||
|
<p>FINANCIAL SELF-RESPONSIBILITY</p>
|
||||||
|
<p>You
|
||||||
|
will be responsible for maintaining the availability, integrity and
|
||||||
|
confidentiality of the data stored in your wallet. When you setup a
|
||||||
|
Taler Wallet, you are strongly advised to follow the precautionary
|
||||||
|
measures offered by the software to minimize the chances to losse
|
||||||
|
access to or control over your Wallet data. We will not be liable for
|
||||||
|
any loss or damage arising from your failure to comply with this
|
||||||
|
paragraph.
|
||||||
|
</p>
|
||||||
|
<h2>COPYRIGHTS and TRADEMARKS</h2>
|
||||||
|
<p>The
|
||||||
|
Taler Wallet is released under the terms of the GNU General Public
|
||||||
|
License (GNU GPL). You have the right to access, use, and share the
|
||||||
|
Taler Wallet, in modified or unmodified form. However, the GPL is a
|
||||||
|
strong copyleft license, which means that any derivative works must
|
||||||
|
be distributed under the same license terms as the original software.
|
||||||
|
If you have any questions, you should review the GNU GPL’s full
|
||||||
|
terms and conditions at https://www.gnu.org/licenses/gpl-3.0.en.html.
|
||||||
|
</p>
|
||||||
|
<p>"Taler"
|
||||||
|
itself is a trademark of Taler Systems SA. You are welcome to use the
|
||||||
|
name in relation to processing payments using the Taler protocol,
|
||||||
|
assuming your use is compatible with an official release from the GNU
|
||||||
|
Project that is not older than two years.
|
||||||
|
</p>
|
||||||
|
<h2>YOUR USE OF OUR SERVICES</h2>
|
||||||
|
<p>When
|
||||||
|
using our Services, you agree to not take any action that
|
||||||
|
intentionally imposes an unreasonable load on our infrastructure. If
|
||||||
|
you find security problems in our Services, you agree to first report
|
||||||
|
them to <a href="mailto:security@taler-systems.com">security@taler-systems.com</a>
|
||||||
|
and grant us the right to publish your report. We warrant that we
|
||||||
|
will ourselves publicly disclose any issues reported within 3 months,
|
||||||
|
and that we will not prosecute anyone reporting security issues if
|
||||||
|
they did not exploit the issue beyond a proof-of-concept, and
|
||||||
|
followed the above responsible disclosure practice.</p>
|
||||||
|
<h2>LIMITATION OF LIABILITY & DISCLAIMER OF WARRANTIES</h2>
|
||||||
|
<p>You
|
||||||
|
understand and agree that we have no control over, and no duty to
|
||||||
|
take any action regarding: Failures, disruptions, errors, or delays
|
||||||
|
in processing that you may experience while using our Services; The
|
||||||
|
risk of failure of hardware, software, and Internet connections; The
|
||||||
|
risk of malicious software being introduced or found in the software
|
||||||
|
underlying the Taler Wallet; The risk that third parties may obtain
|
||||||
|
unauthorized access to information stored within your Taler Wallet,
|
||||||
|
including, but not limited to your Taler Wallet coins or backup
|
||||||
|
encryption keys.
|
||||||
|
</p>
|
||||||
|
<p>You
|
||||||
|
release us from all liability related to any losses, damages, or
|
||||||
|
claims arising from:
|
||||||
|
<ol>
|
||||||
|
<li>user error such as forgotten passwords, incorrectly constructed
|
||||||
|
transactions;</li>
|
||||||
|
<li>server failure or data loss;</li>
|
||||||
|
<li>unauthorized access to the Taler Wallet application;</li>
|
||||||
|
<li>bugs or other errors in the Taler Wallet software; and</li>
|
||||||
|
<li>any unauthorized third party activities, including, but not limited
|
||||||
|
to, the use of viruses, phishing, brute forcing, or other means of
|
||||||
|
attack against the Taler Wallet. We make no representations
|
||||||
|
concerning any Third Party Content contained in or accessed through
|
||||||
|
our Services.</li>
|
||||||
|
</ol>
|
||||||
|
</p>
|
||||||
|
Any
|
||||||
|
other terms, conditions, warranties, or representations associated
|
||||||
|
with such content, are solely between you and such organizations
|
||||||
|
and/or individuals.
|
||||||
|
</p>
|
||||||
|
<h2>LIMITATION OF LIABILITY</h2>
|
||||||
|
</p>
|
||||||
|
<p>To
|
||||||
|
the fullest extent permitted by applicable law, in no event will we
|
||||||
|
or any of our officers, directors, representatives, agents, servants,
|
||||||
|
counsel, employees, consultants, lawyers, and other personnel
|
||||||
|
authorized to act, acting, or purporting to act on our behalf
|
||||||
|
(collectively the “Taler Parties”) be liable to you under
|
||||||
|
contract, tort, strict liability, negligence, or any other legal or
|
||||||
|
equitable theory, for:
|
||||||
|
<ol>
|
||||||
|
<li>
|
||||||
|
any lost profits, data loss, cost of procurement of substitute goods
|
||||||
|
or services, or direct, indirect, incidental, special, punitive,
|
||||||
|
compensatory, or consequential damages of any kind whatsoever
|
||||||
|
resulting from:
|
||||||
|
<ol>
|
||||||
|
<li>
|
||||||
|
your use of, or conduct in connection with, our services;</li>
|
||||||
|
<li>
|
||||||
|
any unauthorized use of your wallet and/or private key due to your
|
||||||
|
failure to maintain the confidentiality of your wallet;</li>
|
||||||
|
<li>any interruption or cessation of transmission to or from the
|
||||||
|
services; or</li>
|
||||||
|
<li>any bugs, viruses, trojan horses, or the like that are found in the
|
||||||
|
Taler Wallet software or that may be transmitted to or through our
|
||||||
|
services by any third party (regardless of the source of
|
||||||
|
origination)</li>
|
||||||
|
</ol>
|
||||||
|
<li>or any direct damages.</li>
|
||||||
|
</ol>
|
||||||
|
</p>
|
||||||
|
<p>These
|
||||||
|
limitations apply regardless of legal theory, whether based on tort,
|
||||||
|
strict liability, breach of contract, breach of warranty, or any
|
||||||
|
other legal theory, and whether or not we were advised of the
|
||||||
|
possibility of such damages. Some jurisdictions do not allow the
|
||||||
|
exclusion or limitation of liability for consequential or incidental
|
||||||
|
damages, so the above limitation may not apply to you.
|
||||||
|
</p>
|
||||||
|
<h2>WARRANTY DISCLAIMER</h2>
|
||||||
|
<p>Our
|
||||||
|
services are provided "as is" and without warranty of any
|
||||||
|
kind. To the maximum extent permitted by law, we disclaim all
|
||||||
|
representations and warranties, express or implied, relating to the
|
||||||
|
services and underlying software or any content on the services,
|
||||||
|
whether provided or owned by us or by any third party, including
|
||||||
|
without limitation, warranties of merchantability, fitness for a
|
||||||
|
particular purpose, title, non-infringement, freedom from computer
|
||||||
|
virus, and any implied warranties arising from course of dealing,
|
||||||
|
course of performance, or usage in trade, all of which are expressly
|
||||||
|
disclaimed. In addition, we do not represent or warrant that the
|
||||||
|
content accessible via the services is accurate, complete, available,
|
||||||
|
current, free of viruses or other harmful components, or that the
|
||||||
|
results of using the services will meet your requirements. Some
|
||||||
|
states do not allow the disclaimer of implied warranties, so the
|
||||||
|
foregoing disclaimers may not apply to you. This paragraph gives you
|
||||||
|
specific legal rights and you may also have other legal rights that
|
||||||
|
vary from state to state.
|
||||||
|
</p>
|
||||||
|
|
||||||
|
<h2>INDEMNITY</h2>
|
||||||
|
<p>To
|
||||||
|
the extent permitted by applicable law, you agree to defend,
|
||||||
|
indemnify, and hold harmless the Taler Parties from and against any
|
||||||
|
and all claims, damages, obligations, losses, liabilities, costs or
|
||||||
|
debt, and expenses (including, but not limited to, attorney’s fees)
|
||||||
|
arising from: (a) your use of and access to the Services; (b) any
|
||||||
|
feedback or submissions you provide to us concerning the Taler
|
||||||
|
Wallet; (c) your violation of any term of this Agreement; or (d) your
|
||||||
|
violation of any law, rule, or regulation, or the rights of any third
|
||||||
|
party.
|
||||||
|
</p>
|
||||||
|
<h2>TIME LIMITATION ON CLAIMS</h2>
|
||||||
|
<p>You
|
||||||
|
agree that any claim you may have arising out of or related to your
|
||||||
|
relationship with us must be filed within one year after such claim
|
||||||
|
arises, otherwise, your claim in permanently barred.
|
||||||
|
</p>
|
||||||
|
<h2>GOVERNING LAW</h2>
|
||||||
|
<p>No
|
||||||
|
matter where you’re located, the laws of Switzerland will govern
|
||||||
|
these Terms. If any provisions of these Terms are inconsistent with
|
||||||
|
any applicable law, those provisions will be superseded or modified
|
||||||
|
only to the extent such provisions are inconsistent. The parties
|
||||||
|
agree to submit to the ordinary courts in Zurich, Switzerland for
|
||||||
|
exclusive jurisdiction of any dispute arising out of or related to
|
||||||
|
your use of the Services or your breach of these Terms.
|
||||||
|
</p>
|
||||||
|
<h2>TERMINATION</h2>
|
||||||
|
<p>
|
||||||
|
the event of termination concerning your use of our Services, your
|
||||||
|
obligations under this Agreement will still continue.
|
||||||
|
</p>
|
||||||
|
<h2>DISCONTINUANCE OF SERVICES</h2>
|
||||||
|
<p>We
|
||||||
|
may, in our sole discretion and without cost to you, with or without
|
||||||
|
prior notice, and at any time, modify or discontinue, temporarily or
|
||||||
|
permanently, any portion of our Services. We will use the Taler
|
||||||
|
protocol’s provisions to notify Wallets if our Services are to be
|
||||||
|
discontinued. It is your responsibility to ensure that the Taler
|
||||||
|
Wallet is online at least once every three months to observe these
|
||||||
|
notifications. We shall not be held responsible or liable for any
|
||||||
|
loss of funds in the event that we discontinue or depreciate the
|
||||||
|
Services and your Taler Wallet fails to transfer out the coins within
|
||||||
|
a three months notification period.
|
||||||
|
</p>
|
||||||
|
<h2>NO WAIVER</h2>
|
||||||
|
<p>Our
|
||||||
|
failure to exercise or delay in exercising any right, power, or
|
||||||
|
privilege under this Agreement shall not operate as a waiver; nor
|
||||||
|
shall any single or partial exercise of any right, power, or
|
||||||
|
privilege preclude any other or further exercise thereof.
|
||||||
|
</p>
|
||||||
|
<h2>SEVERABILITY</h2>
|
||||||
|
<p>If
|
||||||
|
it turns out that any part of this Agreement is invalid, void, or for
|
||||||
|
any reason unenforceable, that term will be deemed severable and
|
||||||
|
limited or eliminated to the minimum extent necessary.
|
||||||
|
</p>
|
||||||
|
<h2>FORCE MAJEURE</h2>
|
||||||
|
<p>We
|
||||||
|
shall not be held liable for any delays, failure in performance, or
|
||||||
|
interruptions of service which result directly or indirectly from any
|
||||||
|
cause or condition beyond our reasonable control, including but not
|
||||||
|
limited to: any delay or failure due to any act of God, act of civil
|
||||||
|
or military authorities, act of terrorism, civil disturbance, war,
|
||||||
|
strike or other labor dispute, fire, interruption in
|
||||||
|
telecommunications or Internet services or network provider services,
|
||||||
|
failure of equipment and/or software, other catastrophe, or any other
|
||||||
|
occurrence which is beyond our reasonable control and shall not
|
||||||
|
affect the validity and enforceability of any remaining provisions.
|
||||||
|
</p>
|
||||||
|
<h2>ASSIGNMENT</h2>
|
||||||
|
<p>You
|
||||||
|
agree that we may assign any of our rights and/or transfer,
|
||||||
|
sub-contract, or delegate any of our obligations under these Terms.
|
||||||
|
</p>
|
||||||
|
<h2>ENTIRE AGREEMENT</h2>
|
||||||
|
<p>This
|
||||||
|
Agreement sets forth the entire understanding and agreement as to the
|
||||||
|
subject matter hereof and supersedes any and all prior discussions,
|
||||||
|
agreements, and understandings of any kind (including, without
|
||||||
|
limitation, any prior versions of this Agreement) and every nature
|
||||||
|
between us. Except as provided for above, any modification to this
|
||||||
|
Agreement must be in writing and must be signed by both parties.
|
||||||
|
</p>
|
||||||
|
<h2>QUESTIONS OR COMMENTS</h2>
|
||||||
|
<p>We
|
||||||
|
welcome comments, questions, concerns, or suggestions. Please send us
|
||||||
|
a message on our contact page at <tt>legal@taler-systems.com</tt>.
|
||||||
|
</p>
|
||||||
|
</body>
|
||||||
|
</html>
|
||||||
295
contrib/tos/en/0.txt
Normal file
295
contrib/tos/en/0.txt
Normal file
@ -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.
|
||||||
Loading…
Reference in New Issue
Block a user