324 lines
25 KiB
XML
324 lines
25 KiB
XML
<?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-v0.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>
|