Terms of Service

Acceptance of Terms and Definitions

By accessing, using, or interacting with any services, applications, platforms, networks, protocols, or technologies provided by the Open Research Initiative for Web Technologies Foundation ("ORI.WTF", "we", "us", "our", "the Foundation", or "the Organization"), you ("User", "you", "your", "End User", "Client", or "Party") hereby acknowledge, accept, and agree to be legally bound by these Terms of Service ("Terms", "Agreement", "Terms of Use", or "TOS") and all applicable laws, regulations, and international treaties.

These Terms constitute a legally binding agreement between you and ORI.WTF. If you do not agree to these Terms in their entirety, you must immediately cease all use of our services and may not access or utilize any ORI.WTF platforms, applications, or technologies.

Definitions: For purposes of this Agreement, "Services" shall include but not be limited to: web applications, mobile applications, desktop software, cloud computing services, artificial intelligence systems, large language models, machine learning platforms, peer-to-peer networks, blockchain technologies, smart contracts, encryption services, file sharing platforms, image manipulation tools, data processing systems, API services, and any other technologies or platforms operated by or affiliated with ORI.WTF.

Scope of Services and Platform Description

ORI.WTF operates a comprehensive ecosystem of technological services spanning multiple sectors and industries. Our platform encompasses:

• File Sharing and Storage: Distributed file sharing networks, encrypted storage solutions, peer-to-peer file transfer protocols, and decentralized storage systems
• Image and Media Manipulation: Advanced image processing tools, computer vision applications, multimedia editing platforms, and automated content generation systems
• Artificial Intelligence and Machine Learning: Large language models, neural networks, predictive analytics, natural language processing systems, computer vision algorithms, and automated decision-making platforms
• Peer-to-Peer Networks: Decentralized communication protocols, distributed computing networks, mesh networking systems, and blockchain-based peer-to-peer applications
• Encryption and Security: End-to-end encryption services, cryptographic protocols, secure communication channels, digital signature systems, and privacy-preserving technologies
• Smart Contracts and Blockchain: Automated contract execution systems, decentralized applications (dApps), cryptocurrency protocols, and distributed ledger technologies
• Cloud Computing and Infrastructure: Scalable computing resources, container orchestration, microservices architecture, and distributed system management
• Data Processing and Analytics: Real-time data processing pipelines, big data analytics platforms, machine learning model training systems, and business intelligence tools

User Accounts and Registration

Access to certain Services may require user registration and account creation. By creating an account, you represent and warrant that:

• All information provided during registration is accurate, current, and complete
• You are at least 18 years of age or have reached the age of majority in your jurisdiction
• You have the legal capacity and authority to enter into this Agreement
• You will maintain the security and confidentiality of your account credentials
• You will promptly notify ORI.WTF of any unauthorized access or security breaches
• You are responsible for all activities occurring under your account

ORI.WTF reserves the right to suspend, terminate, or restrict access to accounts that violate these Terms or engage in prohibited activities.

Acceptable Use Policy and Prohibited Activities

Users of ORI.WTF Services must comply with all applicable laws and regulations. The following activities are strictly prohibited:

• Illegal Activities: Any use of Services for unlawful purposes, including but not limited to fraud, money laundering, terrorism financing, drug trafficking, human trafficking, or any other criminal activities
• Intellectual Property Violations: Infringement of copyrights, trademarks, patents, trade secrets, or other proprietary rights
• Malicious Software: Distribution of viruses, malware, ransomware, or other harmful code
• Network Attacks: Attempts to disrupt, damage, or gain unauthorized access to systems, networks, or data
• Spam and Abuse: Sending unsolicited communications, phishing attempts, or engaging in harassment
• Child Exploitation: Any content or activity involving minors in inappropriate or illegal contexts
• Violence and Threats: Content promoting violence, self-harm, or threats against individuals or groups
• Discrimination: Content promoting discrimination based on race, religion, gender, sexual orientation, or other protected characteristics
• Financial Manipulation: Market manipulation, insider trading, or other securities violations
• Privacy Violations: Unauthorized collection, use, or disclosure of personal information

Intellectual Property Rights and Licensing

ORI.WTF Intellectual Property: All Services, including but not limited to software, algorithms, protocols, documentation, trademarks, logos, and proprietary technologies, are owned by ORI.WTF or its licensors and are protected by intellectual property laws.

User-Generated Content: Users retain ownership of content they create, upload, or generate using our Services. By using our Services, you grant ORI.WTF a non-exclusive, royalty-free, worldwide license to use, modify, and distribute such content as necessary to provide Services.

Open Source Components: Many Services incorporate open source software components. Users must comply with applicable open source licenses, including but not limited to GPL, MIT, Apache, and BSD licenses.

Third-Party Content: Services may include content from third parties. Users must respect all applicable intellectual property rights and licensing terms.

Data Processing, Privacy, and Security

ORI.WTF processes various types of data in accordance with applicable privacy laws, including but not limited to GDPR, CCPA, and other regional privacy regulations:

• Personal Data: Information that can identify individuals, including names, email addresses, IP addresses, and usage patterns
• Technical Data: System logs, performance metrics, error reports, and diagnostic information
• Content Data: Files, images, text, and other content uploaded or processed through our Services
• Behavioral Data: Usage patterns, preferences, and interaction data collected through Services

Data Security: ORI.WTF implements industry-standard security measures, including encryption, access controls, and regular security audits. However, no system is completely secure, and users acknowledge the inherent risks of data transmission and storage.

Data Retention: Data is retained according to legal requirements, business needs, and user preferences. Users may request data deletion subject to legal and technical constraints.

For detailed information about our data practices, please review our Privacy Policy.

Artificial Intelligence and Machine Learning Services

ORI.WTF provides various AI and ML services with specific terms and limitations:

• Model Accuracy: AI models may produce inaccurate, biased, or inappropriate outputs. Users are responsible for verifying and validating all AI-generated content
• Training Data: Models are trained on various datasets that may contain biases, errors, or outdated information
• Content Generation: AI-generated content should not be considered original or creative works for copyright purposes
• Decision Making: AI systems should not be used for critical decision-making without human oversight and validation
• Ethical Use: Users must ensure AI services are used ethically and in compliance with applicable laws and regulations
• Model Updates: AI models may be updated or modified without notice, potentially affecting output quality or behavior

Blockchain, Cryptocurrency, and Smart Contract Services

Services involving blockchain technology and cryptocurrencies carry additional risks and requirements:

• Regulatory Compliance: Users must comply with all applicable cryptocurrency and blockchain regulations in their jurisdiction
• Transaction Irreversibility: Blockchain transactions are generally irreversible and cannot be undone
• Smart Contract Risks: Smart contracts may contain bugs, vulnerabilities, or unexpected behaviors
• Market Volatility: Cryptocurrency values are highly volatile and may result in significant financial losses
• Regulatory Changes: Changes in regulations may affect the legality or viability of blockchain services
• Technical Risks: Blockchain networks may experience congestion, forks, or other technical issues

Service Availability and Performance

ORI.WTF strives to maintain high service availability but cannot guarantee uninterrupted access:

• Uptime: Services are provided on a "best effort" basis with no guaranteed uptime or availability
• Maintenance: Scheduled and unscheduled maintenance may temporarily disrupt Services
• Third-Party Dependencies: Service availability depends on third-party providers, internet connectivity, and other external factors
• Performance: Service performance may vary based on usage, network conditions, and system load
• Geographic Restrictions: Some Services may be unavailable in certain jurisdictions due to legal or technical constraints

Limitation of Liability and Disclaimers

DISCLAIMER OF WARRANTIES: SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY LAW, ORI.WTF SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES, ARISING FROM OR RELATED TO THE USE OF SERVICES, EVEN IF ORI.WTF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

CAP ON LIABILITY: IN NO EVENT SHALL ORI.WTF'S TOTAL LIABILITY EXCEED THE AMOUNT PAID BY THE USER FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM, OR $100, WHICHEVER IS GREATER.

FORCE MAJEURE: ORI.WTF shall not be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to natural disasters, war, terrorism, government actions, or technical failures.

Comprehensive Indemnification and Hold Harmless Agreement

INDEMNIFICATION OBLIGATION: BY USING THE SERVICES, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS ORI.WTF, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUBSIDIARIES, SUCCESSORS, ASSIGNS, LICENSORS, AND SERVICE PROVIDERS (COLLECTIVELY, "INDEMNIFIED PARTIES") FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, ACTIONS, SUITS, PROCEEDINGS, JUDGMENTS, AWARDS, DAMAGES, LOSSES, LIABILITIES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES, EXPERT WITNESS FEES, COURT COSTS, AND OTHER LITIGATION EXPENSES) ARISING OUT OF OR RELATING TO:

User Conduct and Violations:

• Your use of the Services in violation of these Terms of Service
• Your violation of any applicable local, state, federal, or international laws or regulations
• Your violation of any third-party rights, including but not limited to intellectual property rights, privacy rights, and publicity rights
• Your negligent, reckless, or wrongful acts or omissions
• Your failure to comply with any applicable export control laws or regulations
• Your unauthorized access to or use of the Services or any systems or networks
• Your transmission of malicious code, viruses, or other harmful content
• Your engagement in fraudulent, deceptive, or illegal activities

User-Generated Content and Data:

• Content that you upload, post, transmit, or otherwise make available through the Services
• Content that infringes on the rights of third parties, including copyright, trademark, patent, trade secret, or other intellectual property rights
• Content that violates any applicable laws or regulations
• Content that is defamatory, libelous, slanderous, or otherwise harmful to third parties
• Content that violates privacy rights or contains personal information of third parties without consent
• Content that promotes violence, discrimination, or illegal activities
• Data that you process, store, or transmit through the Services in violation of applicable laws

Third-Party Claims and Disputes:

• Claims by third parties arising from your use of the Services
• Disputes between you and third parties related to your use of the Services
• Claims for damages, injuries, or losses suffered by third parties as a result of your actions
• Regulatory investigations or enforcement actions related to your use of the Services
• Intellectual property disputes involving content or data you provide
• Privacy or data protection violations related to your use of the Services
• Security breaches or incidents involving your account or data

Business and Commercial Activities:

• Your use of the Services for commercial purposes without authorization
• Your violation of any licensing terms or restrictions
• Your failure to pay any fees or charges owed to ORI.WTF or third parties
• Your breach of any contracts or agreements with third parties
• Your violation of any industry-specific regulations or standards
• Your failure to obtain necessary permits, licenses, or approvals
• Your violation of any professional or ethical standards

Defense Obligations: Upon receipt of notice of any claim, demand, or action, you shall:

• Immediately notify ORI.WTF in writing of such claim
• Provide ORI.WTF with all information and assistance reasonably requested
• Allow ORI.WTF to control the defense and settlement of such claim
• Refrain from making any admissions or statements that could prejudice the defense
• Cooperate fully with ORI.WTF and its legal counsel
• Provide access to relevant documents, witnesses, and information

Defense Control and Settlement: ORI.WTF shall have the right to:

• Control the defense of any claim, including the selection of legal counsel
• Make all decisions regarding the conduct of the defense
• Settle any claim on terms it deems appropriate
• Require you to participate in the defense as necessary
• Reject any settlement that would require you to admit liability or pay damages

Costs and Expenses: Your indemnification obligations include:

• All reasonable attorneys' fees and legal costs
• Expert witness fees and expenses
• Court costs and filing fees
• Investigation and discovery costs
• Mediation and arbitration fees
• Judgment amounts and settlement payments
• Interest and penalties
• Other litigation-related expenses

Limitations and Exceptions: This indemnification obligation shall not apply to:

• Claims arising solely from ORI.WTF's gross negligence or willful misconduct
• Claims arising from ORI.WTF's violation of applicable laws
• Claims arising from ORI.WTF's breach of these Terms
• Claims covered by ORI.WTF's insurance policies
• Claims that are the result of ORI.WTF's failure to implement reasonable security measures

Survival: This indemnification obligation shall survive the termination of these Terms and your use of the Services, and shall continue to apply to any claims arising from events that occurred during your use of the Services.

Insurance: You represent and warrant that you maintain adequate insurance coverage to satisfy your indemnification obligations under this Agreement.

Severability: If any provision of this indemnification agreement is found to be unenforceable, the remaining provisions shall remain in full force and effect.

Termination and Suspension

Termination by User: Users may terminate their use of Services at any time by ceasing to use the Services and deleting their accounts.

Termination by ORI.WTF: ORI.WTF may suspend or terminate access to Services immediately, without notice, for any reason, including but not limited to:

• Violation of these Terms
• Illegal or unauthorized use of Services
• Non-payment of fees (if applicable)
• Technical or security concerns
• Legal or regulatory requirements

Effect of Termination: Upon termination, User's right to use Services ceases immediately, and ORI.WTF may delete User's data and content.

Binding Arbitration Agreement and Dispute Resolution

MANDATORY ARBITRATION: BY AGREEING TO THESE TERMS, YOU AGREE THAT ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICES, OR THE RELATIONSHIP BETWEEN YOU AND ORI.WTF SHALL BE RESOLVED EXCLUSIVELY THROUGH BINDING ARBITRATION. YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION AGAINST ORI.WTF.

Scope of Arbitration Agreement: This arbitration agreement applies to all disputes, controversies, and claims, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, that arise out of or relate to:

• These Terms of Service or any prior versions thereof
• The Services, including but not limited to file sharing, AI/ML services, blockchain services, encryption services, and all other ORI.WTF technologies
• Any aspect of the relationship between you and ORI.WTF
• Your use of or access to any ORI.WTF websites, applications, or services
• Any communications between you and ORI.WTF
• Any data processing, privacy practices, or security measures
• Any intellectual property disputes
• Any claims for damages, injunctive relief, or other remedies

Arbitration Rules and Procedures: The arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association ("AAA"), as modified by this Agreement. The arbitration shall be administered by the AAA or, if the AAA is unavailable, by another nationally recognized arbitration organization mutually agreed upon by the parties.

Arbitration Location and Governing Law: The arbitration shall be conducted in Travis County, Texas, United States. The arbitration shall be governed by the Federal Arbitration Act ("FAA") and, to the extent not inconsistent with the FAA, by the laws of the State of Texas, without regard to conflict of law principles.

Arbitrator Selection: The arbitrator shall be selected from a panel of arbitrators provided by the AAA. The arbitrator must be a licensed attorney with at least ten (10) years of experience in commercial litigation and technology law. If the parties cannot agree on an arbitrator within thirty (30) days of the filing of the arbitration demand, the AAA shall appoint the arbitrator.

Arbitration Process: The arbitration shall be conducted as follows:

• Demand for Arbitration: Either party may initiate arbitration by filing a written demand with the AAA and serving a copy on the other party
• Response: The responding party shall file a written response within thirty (30) days of receiving the demand
• Discovery: Each party may conduct limited discovery, including document production, written interrogatories, and depositions, as agreed by the parties or ordered by the arbitrator
• Hearing: The arbitration hearing shall be conducted within one hundred twenty (120) days of the arbitrator's appointment
• Decision: The arbitrator shall render a written decision within thirty (30) days of the conclusion of the hearing

Arbitration Costs and Fees: Each party shall bear its own attorneys' fees and costs, except that:

• The arbitrator's fees and expenses shall be shared equally by the parties
• The prevailing party may be awarded reasonable attorneys' fees and costs if provided by applicable law
• ORI.WTF may pay the arbitrator's fees and expenses if required to make arbitration accessible to the user

Class Action Waiver: YOU AGREE THAT ANY ARBITRATION OR LEGAL PROCEEDING SHALL BE LIMITED TO THE INDIVIDUAL DISPUTE BETWEEN YOU AND ORI.WTF. YOU WAIVE YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS, COLLECTIVE ACTIONS, REPRESENTATIVE ACTIONS, OR ANY OTHER PROCEEDING WHERE YOU ACT AS A REPRESENTATIVE OR MEMBER OF A CLASS OR COLLECTIVE GROUP.

Mass Arbitration Procedures: In the event that twenty-five (25) or more similar demands for arbitration are filed against ORI.WTF, the following procedures shall apply:

• ORI.WTF may elect to resolve all such disputes in a single, consolidated arbitration proceeding
• The arbitrator shall be selected from a panel of arbitrators with experience in mass arbitration proceedings
• Discovery and hearing procedures may be modified to accommodate multiple claimants
• Each individual claimant shall retain the right to present their individual case

Exceptions to Arbitration: The following disputes are not subject to this arbitration agreement:

• Disputes involving intellectual property rights, including patents, trademarks, and copyrights
• Disputes involving trade secrets or confidential information
• Disputes involving injunctive relief or other equitable remedies
• Small claims court proceedings (claims under $10,000)
• Disputes involving third parties who are not bound by this arbitration agreement

Severability: If any provision of this arbitration agreement is found to be unenforceable, the remaining provisions shall remain in full force and effect. If the class action waiver is found to be unenforceable, the entire arbitration agreement shall be null and void.

Right to Opt Out: You have the right to opt out of this arbitration agreement by sending written notice to ORI.WTF within thirty (30) days of your first use of the Services. Your opt-out notice must include your name, address, and a clear statement that you wish to opt out of the arbitration agreement.

Survival: This arbitration agreement shall survive the termination of these Terms and your use of the Services.

Modifications and Updates

ORI.WTF reserves the right to modify these Terms at any time. Material changes will be communicated through:

• Email notification to registered users
• Prominent notice on the website or within Services
• In-app notifications or alerts

Continued Use: Continued use of Services after modifications constitutes acceptance of the updated Terms. If you do not agree to the modifications, you must cease using the Services.

Effective Date: Modified Terms become effective immediately upon posting unless otherwise specified.

Severability and Entire Agreement

Severability: If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.

Entire Agreement: These Terms, together with the Privacy Policy and any other referenced documents, constitute the entire agreement between User and ORI.WTF regarding the use of Services.

Waiver: No waiver of any term or condition shall be deemed a further or continuing waiver of such term or any other term.

Assignment: Users may not assign or transfer their rights or obligations under these Terms without ORI.WTF's written consent. ORI.WTF may assign these Terms without restriction.

Compliance and Regulatory Requirements

Users must comply with all applicable laws and regulations, including but not limited to:

• Data Protection Laws: GDPR, CCPA, PIPEDA, and other privacy regulations
• Financial Regulations: Anti-money laundering (AML), know-your-customer (KYC), and securities laws
• Export Controls: International traffic in arms regulations (ITAR) and export administration regulations (EAR)
• Content Regulations: Communications decency act, copyright laws, and content moderation requirements
• Industry-Specific Regulations: Healthcare (HIPAA), financial services (SOX), and other sector-specific requirements

Cooperation: Users agree to cooperate with ORI.WTF in complying with legal requests, investigations, and regulatory requirements.