Terms of Service of the Taler Merchant Backend
==============================================

Last update: December 2025

These Terms of Service (hereinafter **ToS**) regulate the rights and
obligations of users of the Taler Merchant Backend (hereinafter **service**)
provided by Taler Operations AG, Biel/Bienne (hereinafter **TOPS**) on the
domain https://my.taler-ops.ch.

The service enables users (sellers, merchants, beneficiaries) to configure and
manage settlement with the payment system based on GNU Taler which is also
provided by TOPS. Users automatically accept these ToS and their updates by
using the service.

The service is based on free software under the terms of the GNU Affero
General Public License as published by the Free Software Foundation, either
version 3 or (at your option) any later version, for more details see
http://www.gnu.org/licenses/.

The service is in public beta and is offered to the best of our knowledge and
belief. It will be further developed over time and distributed in the hope
that it will be useful, but WITHOUT ANY WARRANTY, including, but not limited
to, the implied warranties of MERCHANTABILITY or FITNESS FOR A PARTICULAR
PURPOSE. The service is provided ‘as is’ and ‘as available’.


Disclaimer of warranty
----------------------

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY ACKNOWLEDGE
AND AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE ENTIRE
RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH
YOU. THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND
WITHOUT WARRANTY OF ANY KIND.


Limitation of liability
-----------------------

TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL TALER BE
LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT,
CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER
COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THESE TERMS, YOUR
USE OR INABILITY TO USE THE SERVICE.


Legal and regulatory requirements
---------------------------------

In order to use the service, users are required to use Swiss bank accounts
exclusively and to support TOPS in complying with legal and regulatory
requirements.


Data protection
---------------

TOPS will ensure that all user data is processed in accordance with Swiss
privacy laws, including the new Swiss Data Protection Act (nFADP) and the
Ordinance on Data Protection (DPO).

TOPS will never share user data with third parties or let third parties
process user data unless required by law. All data managed with the service is
stored in Switzerland or countries eligible for storing data according to the
aforementioned Swiss laws on data protection, which especially include
cross-boarder data exchange between Switzerland and Germany. No data exchange
happens with servers based in countries outside of the European Union.

Customers may submit sensitive personal data to the service, including but not
limited to shipping addresses.  Users of our platform are responsible for
adequately protecting their access to such customer data and only using it for
the purposes agreed to by the data subjects.  If we become aware of users
violating this clause, we reserve the right to disable access to the service
for those users.


Prices
------

At this time, TOPS offers the service on https://my.taler-ops.ch free of
charge.  Before this changes, TOPS will ensure that existing users are able to
migrate their data to other providers or to transition to a self-hosted
solution.


Scope
-----

Other terms of service apply to other parts of the Taler payment system, in
particular to Taler wallets and the Taler payment service itself that are not
covered by the present ToS which are only applicable to the service operated
at https://my.taler-ops.ch.


Applicable law and place of jurisdiction
----------------------------------------

To the extent permitted by law, all legal relationships between TOPS and users
shall be governed exclusively by substantive Swiss law, excluding conflict of
laws and international treaties. Subject to any mandatory statutory provisions
to the contrary, Biel is the exclusive place of jurisdiction and the place of
performance. For users of the service domiciled outside Switzerland,
Biel/Bienne is also the place of debt collection.


Contact
-------

If you have any questions or concerns regarding these ToS or the service, you
can contact us by post at Berner Fachhochschule, c/o Taler Operations AG,
Höheweg 80, 2502 Biel.
