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