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<document source="/research/anastasis/anastasis/contrib/tos/tos.rst">
    <section ids="terms-of-service" names="terms\ of\ service">
        <title>Terms Of Service</title>
        <paragraph>Last Updated: 07.09.2021</paragraph>
        <paragraph>Welcome! Anastasis SARL (“we,” “our,” or “us”) provides a distributed
            privacy-preserving backup and recovery service for key material
            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="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 Anastasis key backup and recovery
                application. When using an application 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 selecting authentication methods and
                                policies that are adequate to protect your key material.
                                Any losses arising from you not being able to satisfy the
                                selected authentication challenges or third parties being able
                                successfully pass the challenges are your problem.</paragraph>
                        </list_item>
                        <list_item>
                            <paragraph>We will store your encrypted key shares and disclose them upon
                                successful authentication to the best of our ability within the
                                limitations of the law and our implementation. Our liability will
                                be limited to the liability limit exposed in the protocol.</paragraph>
                        </list_item>
                        <list_item>
                            <paragraph>For our Services, we may charge various fees. The specific fee structure
                                is provided based on the Anastasis protocol and should be shown to you when you
                                use an application to interact with our services. You agree and understand
                                that the Anastasis 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
                                circumstances beyond our control. If we modify or terminate our services,
                                we will announce this and ensure that you can recover your key material
                                for at least one year before we completely terminate the Service.</paragraph>
                        </list_item>
                    </bullet_list>
                </block_quote>
                <paragraph>These terms outline approved uses of our Services. If you have any
                    questions or comments related to this Agreement, please send us a
                    message to <reference refuri="mailto:legal@anastasis.lu">legal@anastasis.lu</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 using our API (typically via an Anastasis-enabled application), 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, you must simply stop using our APIs.  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 store your encrypted key shares (and the associated encrypted
                recovery policy document) to the best of our ability and within the
                limitations of the implementation. We will disclose the key shares only
                after the specific authentication challenge has been passed. We will
                rate-limit the use of the authentication APIs to limit brute-force
                attacks.</paragraph>
            <paragraph>We are not guaranteeing that the authentication procedures are effective.
                Other parties may be able to intercept authentication messages, or you
                may not be able to receive these messages anymore. You are responsible
                for choosing safe authentication methods with sufficient security.</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@anastasis.lu">security@anastasis.lu</reference> and grant us the right to publish your
                report. We warrant that we will ourselves publicly disclose any issues
                reported within 1 month, 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 backup and recovery operations (“Fees”)
                as defined by us, which we may change from time to time. Your
                Anastasis client should obtain and display applicable fees during
                backup and recovery.</paragraph>
        </section>
        <section ids="eligibility" names="eligibility">
            <title>Eligibility</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>
        </section>
        <section ids="copyrights-and-trademarks" names="copyrights\ and\ trademarks">
            <title>Copyrights and trademarks</title>
            <paragraph>The Anastasis software is released under the terms of the GNU Affero
                General Public License (GNU AGPLv3+). You have the right to access,
                use, and share the Anastasis application, in modified or unmodified
                form. However, the Affero 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 AGPL’s full terms and conditions at
                <reference refuri="https://www.gnu.org/licenses/agpl-3.0.en.html">https://www.gnu.org/licenses/agpl-3.0.en.html</reference>.  “Anastasis” itself is
                a trademark of Anastasis SARL.  You are welcome to use the name in
                relation to implementations of the Anastasis 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\ &amp;\ disclaimer\ of\ warranties">
            <title>Limitation of liability &amp; 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 Anastasis implementation. 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 security answers or loss of
                        control over accounts used for authentication;</paragraph>
                </list_item>
            </enumerated_list>
            <paragraph>(b) server failure or data loss;
                (d) bugs or other errors in the Anastasis client software; and
                (e) any unauthorized third party activities, including, but not limited to,</paragraph>
            <block_quote>
                <paragraph>the use of viruses, phishing, brute forcing, or other means of attack
                    against the Anastasis client. We make no representations concerning any
                    Third Party Content contained in or accessed through our Services.</paragraph>
            </block_quote>
            <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 “Anastasis 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 Anastasis 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 Anastasis
                software; (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 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 Luxembourg 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 Luxembourg 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@anastasis.lu">legal@anastasis.lu</reference>.</paragraph>
        </section>
    </section>
</document>
