# Terms of Service
**Last Updated:** November 8, 2025
**Effective Date:** November 8, 2025
**Version:** 2.0
---
## PREAMBLE: INDIGENOUS SOVEREIGNTY AND DATA GOVERNANCE
These Terms of Service ("Terms") are established under the inherent sovereign authority of the **Grand Traverse Band of Ottawa and Chippewa Indians** (GTBOCI), a federally recognized Indian tribe. This document reflects our commitment to:
- **Indigenous Data Sovereignty** and the **CARE Principles** (Collective Benefit, Authority to Control, Responsibility, Ethics)
- **Traditional Knowledge Protection** as recognized under international law
- **Federal Indian Law** principles including treaty supremacy and tribal jurisdiction
- **Self-Determination** in digital governance and commercial relationships
By accessing, using, or engaging with any Services offered by **ᓂᐲᔥ Nbiish-Justin Kenwabikise ᑭᓇᐙᐱᑭᓯ** (Rights Holder), you acknowledge the sovereign authority under which these Terms operate and agree to be bound by their provisions.
**Chi-miigwech** (Great thanks) for respecting Indigenous governance frameworks.
---
## TABLE OF CONTENTS
1. [Definitions](#1-definitions)
2. [Legal Framework and Jurisdiction](#2-legal-framework-and-jurisdiction)
3. [Agreement to Terms](#3-agreement-to-terms)
4. [Description of Services](#4-description-of-services)
5. [User Accounts and Responsibilities](#5-user-accounts-and-responsibilities)
6. [User Conduct and Prohibited Activities](#6-user-conduct-and-prohibited-activities)
7. [Intellectual Property Rights](#7-intellectual-property-rights)
8. [Indigenous Data Sovereignty and CARE Principles](#8-indigenous-data-sovereignty-and-care-principles)
9. [Traditional Knowledge Protection](#9-traditional-knowledge-protection)
10. [Subscription Services](#10-subscription-services)
11. [SaaS Product Terms](#11-saas-product-terms)
12. [Donations and Voluntary Contributions](#12-donations-and-voluntary-contributions)
13. [Payment Terms and Processing](#13-payment-terms-and-processing)
14. [Service Availability and Modifications](#14-service-availability-and-modifications)
15. [Limitation of Liability](#15-limitation-of-liability)
16. [Disclaimers and Warranties](#16-disclaimers-and-warranties)
17. [Dispute Resolution](#17-dispute-resolution)
18. [Enforcement and Remedies](#18-enforcement-and-remedies)
19. [Indemnification](#19-indemnification)
20. [Third-Party Services and Links](#20-third-party-services-and-links)
21. [Children's Privacy and Protection](#21-childrens-privacy-and-protection)
22. [Accessibility Commitment](#22-accessibility-commitment)
23. [DMCA and Copyright Compliance](#23-dmca-and-copyright-compliance)
24. [Force Majeure](#24-force-majeure)
25. [Termination and Suspension](#25-termination-and-suspension)
26. [Changes to Terms](#26-changes-to-terms)
27. [Severability and Interpretation](#27-severability-and-interpretation)
28. [Entire Agreement](#28-entire-agreement)
29. [Contact Information](#29-contact-information)
30. [Acknowledgment and Acceptance](#30-acknowledgment-and-acceptance)
---
## 1. DEFINITIONS
### 1.1 Core Terms
For purposes of these Terms:
**"Agreement"** means these Terms of Service, including all appendices, schedules, and incorporated documents.
**"CARE Principles"** means the framework for Indigenous Data Governance comprising Collective Benefit, Authority to Control, Responsibility, and Ethics.
**"Content"** means all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials available through the Services.
**"GTBOCI"** means the Grand Traverse Band of Ottawa and Chippewa Indians, a federally recognized Indian tribe with inherent sovereign authority.
**"Indian Country"** has the meaning set forth in 18 U.S.C. § 1151, including all land within the boundaries of Indian reservations, dependent Indian communities, and Indian allotments.
**"Indigenous Data"** means information or data that relates to Indigenous peoples, territories, resources, knowledges, cultures, languages, or governance systems.
**"Rights Holder"** means ᓂᐲᔥ Nbiish-Justin Kenwabikise ᑭᓇᐙᐱᑭᓯ, an enrolled member of GTBOCI operating under tribal sovereign authority.
**"Services"** means all software, applications, websites, APIs, content, features, and other services offered by Rights Holder, including but not limited to SaaS products, subscription services, donation platforms, blogs, project showcases, and associated digital offerings.
**"Traditional Knowledge (TK)"** means knowledge, innovations, and practices of Indigenous peoples developed from experience gained over centuries and adapted to local cultures and environments.
**"Tribal Court"** means the Grand Traverse Band Tribal Court or successor judicial authority established by GTBOCI.
**"User," "You," or "Your"** means any individual or entity accessing or using the Services.
### 1.2 Indigenous-Specific Terms
**"Anishinaabemowin"** means the Anishinaabe language, a living expression of Indigenous knowledge systems.
**"CARE+™"** means the enhanced Indigenous Data Governance framework developed by Rights Holder incorporating CARE Principles with additional protections for AI-generated content and digital sovereignty.
**"Sacred Knowledge"** means Traditional Knowledge of religious, ceremonial, or spiritual significance that requires heightened protection under these Terms and applicable law.
**"TK Labels"** means Traditional Knowledge Labels developed by Local Contexts (localcontexts.org) for identifying and managing Indigenous cultural heritage.
---
## 2. LEGAL FRAMEWORK AND JURISDICTION
### 2.1 Tribal Sovereignty Foundation
These Terms are established under the inherent sovereign authority of GTBOCI as recognized by:
1. **Federal Indian Law:** *Worcester v. Georgia*, 31 U.S. (6 Pet.) 515 (1832) ("[Indian tribes are] distinct, independent political communities, retaining their original natural rights")
2. **Constitutional Supremacy:** U.S. Const. art. VI, cl. 2 (federal treaties and Indian law preempt conflicting state law)
3. **Treaty Authority:** Treaty of Washington (1836), Treaty of Detroit (1855)
4. **Self-Determination:** Indian Self-Determination and Education Assistance Act, 25 U.S.C. § 5301 et seq.
### 2.2 Governing Law
These Terms shall be governed by and construed in accordance with:
1. **Tribal Law:** Laws, ordinances, and regulations of GTBOCI, including Traditional Law and custom
2. **Federal Law:** Federal statutes, regulations, and treaties applicable to Indian tribes and Indian Country
3. **International Law:** United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), WIPO Traditional Knowledge instruments, ILO Convention 169, Nagoya Protocol on Access and Benefit-Sharing
**State law does NOT govern these Terms.** Pursuant to *Worcester v. Georgia* and Article VI of the U.S. Constitution, state law is preempted in Indian Country by inherent tribal authority and federal supremacy.
### 2.3 Exclusive Tribal Court Jurisdiction
**ALL disputes, claims, or controversies arising from or relating to these Terms, your use of the Services, or your relationship with Rights Holder SHALL be subject to the EXCLUSIVE JURISDICTION of the Grand Traverse Band Tribal Court.**
This exclusive jurisdiction includes, without limitation:
1. **Contract Disputes:** Breach, interpretation, enforcement, or validity of these Terms
2. **Tort Claims:** Negligence, defamation, privacy violations, or other civil wrongs
3. **Intellectual Property:** Disputes involving Traditional Knowledge, patents, copyrights, trademarks, trade secrets
4. **Indigenous Data Rights:** Violations of CARE Principles, data sovereignty, or Indigenous rights
5. **Payment Disputes:** Billing, refunds, chargebacks, or financial transactions
6. **Regulatory Compliance:** Enforcement of tribal laws, federal Indian law, or international Indigenous rights frameworks
### 2.4 Federal Court Alternative Jurisdiction
If and ONLY IF:
1. The Tribal Court declines jurisdiction, OR
2. A party appeals a final Tribal Court decision, OR
3. Federal law provides exclusive federal court jurisdiction,
THEN disputes may be brought before the **United States District Court for the Western District of Michigan** or other federal court with proper jurisdiction, applying federal Indian law principles.
### 2.5 State Court Prohibition and Liquidated Damages
**STATE COURTS HAVE NO JURISDICTION** over any disputes arising from these Terms.
Any party who initiates, maintains, or participates in state court proceedings in violation of this prohibition SHALL:
1. **Immediately pay** Rights Holder liquidated damages of **$100,000 USD** for each violation
2. **Bear all costs** of removing the action to Tribal Court or federal court, including reasonable attorney's fees
3. **Waive all claims** attempted to be asserted in the impermissible state court forum
These liquidated damages represent a reasonable pre-estimate of harm caused by violating tribal sovereignty and forcing Rights Holder to defend jurisdictional challenges.
### 2.6 Consent to Tribal Court Jurisdiction
By using the Services, you:
1. **Irrevocably consent** to the personal jurisdiction of the Tribal Court
2. **Waive any objection** to venue in Tribal Court based on inconvenient forum or lack of personal jurisdiction
3. **Agree to appear** in Tribal Court proceedings upon proper notice
4. **Acknowledge** the Tribal Court's authority to issue binding judgments enforceable under tribal law, federal law (25 U.S.C. § 1301 et seq.), and the Full Faith and Credit provisions applicable to tribal judgments
### 2.7 Applicable Case Law
The following precedents inform interpretation of these Terms:
- **Tribal Court Primacy:** *National Farmers Union Ins. v. Crow Tribe*, 471 U.S. 845 (1985); *Iowa Mutual Ins. v. LaPlante*, 480 U.S. 9 (1987)
- **State Preemption:** *Worcester v. Georgia*, 31 U.S. (6 Pet.) 515 (1832); *Williams v. Lee*, 358 U.S. 217 (1959)
- **Tribal Sovereign Immunity:** *Michigan v. Bay Mills Indian Community*, 572 U.S. 782 (2014); *Kiowa Tribe v. Manufacturing Technologies*, 523 U.S. 751 (1998)
- **Montana Exceptions:** *Montana v. United States*, 450 U.S. 544 (1981); *United States v. Cooley*, 141 S. Ct. 1638 (2021)
---
## 3. AGREEMENT TO TERMS
### 3.1 Binding Agreement
By accessing, browsing, registering for, or using any Services, you enter into a legally binding agreement with Rights Holder under the terms set forth herein.
### 3.2 Capacity and Authority
You represent and warrant that:
1. You are at least 18 years of age OR have obtained parental/guardian consent if under 18
2. You have the legal capacity and authority to enter into binding contracts
3. You are not barred from using the Services under applicable law
4. All registration information you provide is accurate, current, and complete
### 3.3 Acceptance Methods
You accept these Terms by:
1. **Clicking "I Agree"** or similar acknowledgment buttons
2. **Creating an account** or registering for Services
3. **Making a payment** for subscription services, SaaS products, or donations
4. **Accessing or using** any portion of the Services
5. **Continuing to use** Services after receiving notice of Terms modifications
### 3.4 Rejection of Terms
If you do NOT agree to these Terms, you must:
1. **Immediately cease** all use of the Services
2. **Refrain from creating** an account or accessing protected content
3. **Delete any materials** downloaded from the Services
4. **Contact Rights Holder** to request account deletion (if applicable)
---
## 4. DESCRIPTION OF SERVICES
### 4.1 Service Offerings
Rights Holder provides the following categories of Services:
#### 4.1.1 Software as a Service (SaaS) Products
Cloud-based software applications accessed via internet, including but not limited to:
- AI-powered development tools with Indigenous Data Sovereignty protections
- Traditional Knowledge management systems with CARE Principles integration
- Cultural preservation platforms with community consent mechanisms
- Language revitalization tools incorporating Anishinaabemowin and other Indigenous languages
- Data governance frameworks implementing Indigenous protocols
#### 4.1.2 Subscription Services
Recurring access to premium content, features, or resources, including:
- Educational materials on Indigenous Data Sovereignty and federal Indian law
- Software development resources with cultural competency training
- Early access to new tools, features, or content
- Enhanced support and consultation services
- Community access to private forums or networks
#### 4.1.3 Donation Platforms
Voluntary contribution mechanisms supporting:
- Indigenous technology development
- Traditional Knowledge preservation projects
- Language revitalization initiatives
- Community benefit programs
- Open-source Indigenous software tools
#### 4.1.4 Content and Information Services
Publicly accessible resources including:
- Blog posts on Indigenous Data Sovereignty, AI ethics, and technology
- Project showcases demonstrating Indigenous-led innovation
- Documentation and guides for implementing CARE Principles
- Case studies on tribal jurisdiction and digital sovereignty
- Educational materials on federal Indian law and treaty rights
#### 4.1.5 API and Integration Services
Developer tools and interfaces for:
- Integrating CARE Principles into third-party applications
- Accessing Traditional Knowledge Labels (TK Labels) systems
- Implementing Indigenous data governance protocols
- Building culturally responsive AI systems
- Connecting to Indigenous-controlled data repositories
### 4.2 Service Modifications
Rights Holder reserves the right to:
1. **Modify, suspend, or discontinue** any Service or feature at any time with or without notice
2. **Add new Services** or features subject to these Terms or supplemental terms
3. **Impose usage limits** on certain features or Services
4. **Change pricing** for paid Services with 30 days' notice to active subscribers
### 4.3 Beta and Experimental Features
Some Services may be offered as "beta," "experimental," or "preview" versions. These Services:
1. Are provided AS-IS without warranties of any kind
2. May contain bugs, errors, or unfinished features
3. May be discontinued at any time without notice
4. May not be subject to the same support or SLA as production Services
5. Should not be used for mission-critical applications without explicit written approval
### 4.4 Geographic Availability
Services are provided from servers located in the United States. Availability and performance may vary based on:
### 4.4 Geographic Availability
Services are provided from servers located in the United States. Availability and performance may vary based on:
1. Your geographic location
2. Local internet infrastructure
3. Compliance with export control and sanctions laws
4. Tribal data sovereignty requirements
---
## 5. USER ACCOUNTS AND RESPONSIBILITIES
### 5.1 Account Creation
To access certain Services, you may need to create an account. When creating an account, you must:
1. **Provide accurate information** including your name, email address, and other requested details
2. **Choose a secure password** meeting minimum complexity requirements
3. **Verify your email address** through our confirmation process
4. **Accept these Terms** and our Privacy Policy
5. **Maintain current information** by updating your account details as needed
### 5.2 Account Security
You are responsible for:
1. **Safeguarding your password** and account credentials
2. **All activities** occurring under your account
3. **Unauthorized access** if you fail to maintain reasonable security
4. **Notifying Rights Holder** immediately of any unauthorized use or security breach
Rights Holder is NOT liable for losses arising from unauthorized account access if you failed to maintain reasonable security measures.
### 5.3 Account Restrictions
You may NOT:
1. **Share your account** with others or allow multiple individuals to use a single account
2. **Create multiple accounts** for the same individual without authorization
3. **Use automated tools** (bots, scrapers) to create or access accounts
4. **Impersonate others** or provide false identity information
5. **Sell, transfer, or sublicense** your account to third parties
### 5.4 Account Termination
Rights Holder may suspend or terminate your account at any time for:
1. Violation of these Terms
2. Fraudulent, abusive, or illegal activity
3. Extended periods of inactivity
4. Protection of Rights Holder, other users, or the Services
5. Compliance with legal obligations or court orders
Upon termination:
1. Your access to Services will immediately cease
2. Your User Content may be deleted (subject to backup retention policies)
3. Subscription fees are NON-REFUNDABLE except as required by law
4. These Terms remain in effect for disputes arising prior to termination
---
## 6. USER CONDUCT AND PROHIBITED ACTIVITIES
### 6.1 General Conduct Standards
When using Services, you agree to:
1. **Respect Indigenous rights** including data sovereignty and Traditional Knowledge protections
2. **Comply with all applicable laws** including tribal law, federal law, and international treaties
3. **Act in good faith** and maintain professional, respectful interactions
4. **Honor consent protocols** for accessing or using Indigenous Data or Traditional Knowledge
5. **Report violations** of these Terms or harmful activity to Rights Holder
### 6.2 Prohibited Activities
You may NOT:
#### 6.2.1 Legal Violations
- Violate any local, state, tribal, federal, or international law or regulation
- Infringe intellectual property rights of Rights Holder, Indigenous communities, or third parties
- Engage in fraud, theft, money laundering, or other financial crimes
- Violate export control laws or sanctions regulations
- Misappropriate Traditional Knowledge or Indigenous Data
#### 6.2.2 Security Violations
- Attempt to gain unauthorized access to Services, systems, or networks
- Introduce viruses, malware, ransomware, or malicious code
- Conduct denial-of-service (DoS) or distributed denial-of-service (DDoS) attacks
- Probe, scan, or test vulnerabilities without written authorization
- Circumvent security measures, access controls, or authentication systems
#### 6.2.3 Misuse of Services
- Use Services for any unlawful, harmful, or exploitative purpose
- Harass, threaten, defame, or harm other users or third parties
- Spam, phish, or send unsolicited commercial messages
- Scrape, crawl, or harvest data without authorization
- Reverse engineer, decompile, or disassemble software or systems
#### 6.2.4 Indigenous Data Violations
- Access Indigenous Data without proper consent or authority
- Use Traditional Knowledge for commercial purposes without benefit-sharing agreements
- Ignore or violate TK Labels (Traditional Knowledge Labels) restrictions
- Claim ownership of Traditional Knowledge or Indigenous cultural heritage
- Apply for patents, copyrights, or other IP rights over Traditional Knowledge
#### 6.2.5 Content Violations
- Upload, post, or transmit content that is:
- Defamatory, libelous, or false
- Obscene, pornographic, or sexually explicit
- Promoting discrimination, bigotry, racism, or violence
- Violating privacy rights of individuals or communities
- Infringing copyrights, trademarks, or other IP rights
### 6.3 Enforcement
Violation of prohibited activities may result in:
1. **Immediate suspension** or termination of your account
2. **Removal of content** violating these Terms
3. **Legal action** including civil damages and criminal prosecution
4. **Referral to tribal law enforcement** or federal authorities
5. **Liquidated damages** of up to **$250,000 USD** for Indigenous Data violations (as specified in the LICENSE)
---
## 7. INTELLECTUAL PROPERTY RIGHTS
### 7.1 Rights Holder's Intellectual Property
#### 7.1.1 Ownership
All Services, Content, software, designs, trademarks, logos, and materials provided by Rights Holder are owned by or licensed to Rights Holder and are protected by:
- **Copyright:** U.S. Copyright Act, 17 U.S.C. § 101 et seq.
- **Trademark:** Lanham Act, 15 U.S.C. § 1051 et seq.
- **Patent:** Patent Act, 35 U.S.C. § 1 et seq. (where applicable)
- **Trade Secret:** Defend Trade Secrets Act, 18 U.S.C. § 1836 et seq.
- **Tribal Law:** GTBOCI intellectual property ordinances
- **Traditional Knowledge:** WIPO Traditional Knowledge instruments, UNDRIP Article 31
#### 7.1.2 License Grant to Users
Subject to your compliance with these Terms, Rights Holder grants you a limited, non-exclusive, non-transferable, revocable license to:
1. **Access and use** the Services for their intended purpose
2. **Download and display** Content for personal, non-commercial use
3. **Use APIs** in accordance with API documentation and rate limits
4. **Reproduce Content** only as necessary to use the Services
This license does NOT include rights to:
- Modify, adapt, or create derivative works
- Distribute, sublicense, or commercially exploit Services or Content
- Remove or alter copyright notices, attributions, or TK Labels
- Use Services or Content in a manner that competes with Rights Holder
### 7.2 User-Generated Content
#### 7.2.1 User Content Ownership
You retain ownership of all content you create, upload, post, or transmit through the Services ("User Content").
#### 7.2.2 License Grant to Rights Holder
By submitting User Content, you grant Rights Holder a worldwide, non-exclusive, royalty-free, sublicensable license to:
1. **Use, reproduce, and store** User Content to provide Services
2. **Display and distribute** User Content within the Services
3. **Modify and adapt** User Content for technical compatibility
4. **Create backup copies** for service reliability and data recovery
This license exists ONLY for the purpose of operating and improving Services. Rights Holder will NOT:
- Sell your User Content to third parties
- Use User Content for purposes unrelated to Services
- Claim ownership of your User Content
- Ignore your privacy settings or consent preferences
#### 7.2.3 User Content Representations
By submitting User Content, you represent and warrant that:
1. You own all rights to the User Content OR have obtained necessary permissions
2. User Content does not infringe third-party intellectual property rights
3. User Content does not contain malware, viruses, or malicious code
4. User Content complies with these Terms and applicable law
5. If User Content contains Indigenous Data or Traditional Knowledge, you have obtained proper consent and have authority to share it
#### 7.2.4 Content Removal
Rights Holder may remove User Content that:
- Violates these Terms
- Infringes intellectual property rights
- Misuses Indigenous Data or Traditional Knowledge
- Poses security or legal risks
- Is reported by affected communities or rights holders
---
## 8. INDIGENOUS DATA SOVEREIGNTY AND CARE PRINCIPLES
### 8.1 Commitment to Indigenous Data Sovereignty
Rights Holder is committed to upholding **Indigenous Data Sovereignty**—the right of Indigenous peoples to govern the collection, ownership, and application of data about their communities, territories, and resources.
### 8.2 CARE Principles Framework
All Indigenous Data within Services is governed by the **CARE Principles for Indigenous Data Governance**:
#### 8.2.1 Collective Benefit
Indigenous Data ecosystems shall be designed and function in ways that enable Indigenous Peoples to derive benefit from the data.
**Implementation:**
- Benefits from Indigenous Data accrue to Indigenous communities
- Data infrastructure investments support Indigenous capacity building
- Revenue from Indigenous Data products supports community programs
- Innovation using Indigenous Data includes Indigenous partners as co-creators
#### 8.2.2 Authority to Control
Indigenous Peoples' rights and interests in Indigenous Data must be recognized and their authority to control such data be empowered.
**Implementation:**
- Indigenous communities retain decision-making authority over their data
- Consent mechanisms respect community governance protocols
- Free, Prior, and Informed Consent (FPIC) required before data use
- Data access controls honor Indigenous preferences and restrictions
#### 8.2.3 Responsibility
Those working with Indigenous Data have a responsibility to share how data is used to support Indigenous Peoples' self-determination and collective benefit.
**Implementation:**
- Transparent reporting on Indigenous Data usage
- Accountability mechanisms for data stewardship
- Regular community consultations on data practices
- Documentation of data provenance and custodianship chains
#### 8.2.4 Ethics
Indigenous Peoples' rights and wellbeing should be the primary concern across the data lifecycle and across the data ecosystem.
**Implementation:**
- Privacy protections exceed minimum legal requirements
- Cultural sensitivity in data collection and use
- Protection of Sacred Knowledge and ceremonial information
- Harm prevention through ethical review processes
### 8.3 Traditional Knowledge Labels (TK Labels)
Rights Holder supports and implements **TK Labels** developed by Local Contexts (<https://localcontexts.org>) to identify and manage Indigenous cultural heritage. When you encounter TK Labels, you must:
1. **Respect the restrictions** indicated by the label
2. **Seek additional permission** before using labeled content
3. **Contact the source community** for guidance on appropriate use
4. **NOT remove or obscure** TK Labels from content
### 8.4 Indigenous Data Subject Rights
If you are Indigenous or part of an Indigenous community, you have enhanced rights including:
1. **Collective Control:** Community-level governance over shared Indigenous Data
2. **Cultural Context:** Right to have data understood within cultural frameworks
3. **Benefit Sharing:** Right to fair compensation and benefit from data use
4. **Sacred Knowledge Protection:** Extra protections for ceremonial or spiritual information
5. **Repatriation Rights:** Right to reclaim Indigenous Data held by third parties
### 8.5 AI and Algorithmic Transparency
When AI systems process Indigenous Data:
1. **Explainability:** Algorithmic decisions affecting Indigenous data subjects must be explainable
2. **Bias Testing:** AI models must be tested for cultural bias and discrimination
3. **Community Review:** Indigenous communities may request review of AI systems using their data
4. **Opt-Out Rights:** Communities may opt out of AI processing without losing access to Services
---
## 9. TRADITIONAL KNOWLEDGE PROTECTION
### 9.1 Recognition of Traditional Knowledge Rights
Rights Holder recognizes that Traditional Knowledge (TK) is:
1. **Collectively owned** by Indigenous peoples and communities
2. **Intergenerational** knowledge passed down through generations
3. **Living knowledge** that continues to evolve and develop
4. **Sacred** in many instances, requiring special protection
5. **Protected** under international law including UNDRIP Article 31, WIPO Traditional Knowledge frameworks, and the Nagoya Protocol
### 9.2 Sacred Knowledge Protection
Certain Traditional Knowledge is of religious, ceremonial, or spiritual significance. Sacred Knowledge receives heightened protection:
1. **Access Restrictions:** Limited to community members and authorized individuals
2. **No Commercial Use:** Prohibited from commercial exploitation without explicit community consent
3. **Ceremony Respect:** Seasonal or ceremonial restrictions honored
4. **Elder Consultation:** Access requires approval from knowledge keepers and elders
5. **Non-Disclosure:** May not be shared outside authorized contexts
### 9.3 Benefit-Sharing Requirements
Commercial use of Traditional Knowledge requires:
1. **Community Consent:** Free, Prior, and Informed Consent from knowledge holders
2. **Benefit-Sharing Agreement:** Written agreement specifying how benefits will be distributed
3. **Fair Compensation:** Equitable sharing of monetary and non-monetary benefits
4. **Capacity Building:** Investments in community capacity and cultural preservation
5. **Ongoing Consultation:** Continued engagement with knowledge holders
### 9.4 Prohibition on Misappropriation
You may NOT:
1. **Claim ownership** of Traditional Knowledge
2. **File patents or trademarks** on Traditional Knowledge without community consent
3. **Use Sacred Knowledge** for commercial purposes
4. **Distort or misrepresent** Traditional Knowledge
5. **Share Traditional Knowledge** beyond the scope of granted permissions
Violations may result in damages up to **$250,000 USD** per incident as specified in the LICENSE.
---
## 10. SUBSCRIPTION SERVICES
### 10.1 Subscription Terms and Billing
#### 10.1.1 Subscription Offerings
Rights Holder may offer various subscription tiers, including but not limited to:
- **Basic:** Access to core features and standard support
- **Professional:** Enhanced features, priority support, advanced tools
- **Enterprise:** Custom solutions, dedicated support, bulk licensing
- **Community:** Special pricing for Indigenous organizations and nonprofits
#### 10.1.2 Billing Cycle
Subscriptions are billed on a recurring basis (monthly, quarterly, annually) as selected at signup. By subscribing, you authorize Rights Holder to charge your payment method:
1. **At signup** for the initial subscription period
2. **Automatically** at the start of each subsequent billing cycle
3. **For any upgrades** or additional services purchased
4. **For overage fees** if usage exceeds plan limits
#### 10.1.3 Price Changes
Rights Holder may modify subscription pricing with **30 days' advance notice**. Notice will be provided via:
- Email to your registered account address
- In-app notification upon login
- Posting on the Services website
If you do not accept a price increase, you may cancel your subscription before the new price takes effect.
### 10.2 Free Trials and Promotional Offers
#### 10.2.1 Trial Terms
Free trials may be offered for certain subscription Services. During a trial:
- You receive full access to trial-tier features
- Payment information may be required at signup
- No charges occur during the trial period
- Trial automatically converts to paid subscription unless canceled
#### 10.2.2 Trial Restrictions
- One trial per user per subscription type
- Not available to users who previously subscribed to the same tier
- Rights Holder may verify eligibility and cancel fraudulent trial signups
- Trial terms may differ from standard subscription terms (features, support, SLAs)
#### 10.2.3 Promotional Codes
Promotional discount codes:
- Must be applied at time of purchase
- Cannot be combined unless explicitly stated
- May have expiration dates or usage limits
- Are non-transferable and have no cash value
- May be revoked if obtained through fraud or abuse
### 10.3 Cancellation and Refunds
#### 10.3.1 Cancellation Process
You may cancel your subscription at any time by:
1. Accessing account settings and selecting "Cancel Subscription"
2. Contacting support at support@in-digi-nous.com
3. Submitting a written cancellation request
Upon cancellation:
- Your subscription remains active until the end of the current billing period
- You will not be charged for subsequent billing cycles
- Your access terminates at the end of the paid period
- Your data is retained for 30 days, then may be permanently deleted
#### 10.3.2 Refund Policy
**Subscription fees are generally non-refundable.** Exceptions include:
1. **Service Failure:** If Rights Holder fails to provide Services for extended periods
2. **Permanent Discontinuation:** Pro-rata refund if a service you paid for is permanently discontinued
3. **Billing Errors:** Refund of duplicate or incorrect charges
4. **Legal Requirements:** Where required by applicable consumer protection laws
To request a refund, contact support@in-digi-nous.com with your order details and reason for the request.
### 10.4 Subscription Modifications
Rights Holder may:
- **Upgrade or downgrade** subscription tiers at your request (price adjusts accordingly)
- **Add or remove features** from subscription tiers with notice
- **Suspend access** for payment failures or Terms violations
- **Terminate subscriptions** for accounts engaged in prohibited activities
---
## 11. SAAS PRODUCT TERMS
### 11.1 SaaS License Grant
Subject to your compliance with these Terms and payment of applicable fees, Rights Holder grants you a **limited, non-exclusive, non-transferable, revocable license** to:
1. **Access and use** SaaS products via the internet for your internal business purposes
2. **Upload and process** your data through the SaaS interface
3. **Integrate** with authorized third-party services via APIs
4. **Allow authorized users** within your organization to access the SaaS products
This license does NOT include rights to:
- Install software on your own servers
- Reverse engineer, decompile, or modify the SaaS products
- Resell, sublicense, or operate as a service bureau
- Bypass usage limits or access controls
### 11.2 Service Level and Uptime
#### 11.2.1 Service Availability
Rights Holder strives to maintain reliable SaaS availability but does NOT guarantee any specific uptime percentage. SaaS products are provided on an **"AS IS" and "AS AVAILABLE"** basis.
#### 11.2.2 Scheduled Maintenance
Rights Holder may perform scheduled maintenance during which Services may be unavailable. We will provide reasonable notice (typically 24-48 hours) for planned maintenance when possible.
#### 11.2.3 Unscheduled Downtime
Unscheduled interruptions may occur due to:
- Emergency security patches
- Infrastructure failures
- Third-party service provider outages
- Force majeure events
- DDoS attacks or other malicious activity
Rights Holder will use commercially reasonable efforts to restore Services promptly.
### 11.3 Data Ownership and Privacy
#### 11.3.1 Customer Data Ownership
**You retain all ownership rights** to data, content, and information you upload to SaaS products ("Customer Data").
#### 11.3.2 License to Process Customer Data
By using SaaS products, you grant Rights Holder a limited license to:
1. **Store and process** Customer Data to provide Services
2. **Create backup copies** for data recovery and service reliability
3. **Use aggregated/anonymized data** for product improvement and analytics
4. **Transfer data** to authorized subprocessors (cloud infrastructure, payment processors)
This license terminates upon subscription termination, subject to backup retention policies.
#### 11.3.3 Customer Data Obligations
You are responsible for:
- **Accuracy and legality** of Customer Data
- **Obtaining necessary permissions** to upload third-party data
- **Compliance with data protection laws** (GDPR, CCPA, etc.)
- **Backup of critical data** (Rights Holder backups are for recovery, not archival purposes)
- **Not uploading** malware, illegal content, or unauthorized Traditional Knowledge
#### 11.3.4 Data Retention and Deletion
Upon subscription termination:
1. **30-Day Grace Period:** Customer Data retained for 30 days for account reactivation or export
2. **Data Export:** You may request export of Customer Data in standard formats during grace period
3. **Permanent Deletion:** After 30 days, Customer Data may be permanently and irreversibly deleted
4. **Backup Retention:** Data in backups may persist for up to 90 days during backup rotation cycles
### 11.4 API Access and Rate Limiting
#### 11.4.1 API License
SaaS products may include API access for integration purposes. APIs are subject to:
- **Authentication requirements** (API keys, OAuth tokens)
- **Rate limits** (requests per minute, hour, or day)
- **Usage quotas** based on subscription tier
- **Version deprecation** with minimum 6 months' notice
#### 11.4.2 API Restrictions
You may NOT:
- Exceed rate limits or attempt to bypass throttling
- Share API keys or access tokens publicly
- Use APIs to scrape or duplicate the SaaS product
- Overload infrastructure with excessive requests
- Violate third-party terms of service when integrating
#### 11.4.3 API Changes
Rights Holder may modify APIs with notice:
- **Breaking changes:** Minimum 90 days' notice and migration guide
- **Deprecation:** Minimum 6 months' notice before removal
- **New features:** May be added without notice
- **Bug fixes and security patches:** May be deployed immediately
---
## 12. DONATIONS AND VOLUNTARY CONTRIBUTIONS
### 12.1 Voluntary Nature and Non-Refund Policy
All donations made through the Services are:
1. **Voluntary:** Made of your own free will without coercion
2. **Non-refundable:** Cannot be returned, refunded, or reversed except for billing errors
3. **Without expectation:** No goods, services, or benefits are guaranteed in return
4. **Gratuitous:** Considered a gift under applicable law
By making a donation, you acknowledge these terms.
### 12.2 Use of Donations
Donations may be used for purposes including but not limited to:
1. **Indigenous Technology Development:** Building tools and platforms for Indigenous communities
2. **Traditional Knowledge Preservation:** Digitization and protection of cultural heritage
3. **Language Revitalization:** Development of language learning tools and resources
4. **Community Benefit Programs:** Supporting GTBOCI and other Indigenous initiatives
5. **Open Source Software:** Development of freely available Indigenous-led software
6. **Operating Expenses:** Maintaining infrastructure, legal compliance, and administrative costs
Rights Holder retains sole discretion over how donations are allocated and spent.
### 12.3 Tax Implications
**Donations are NOT tax-deductible charitable contributions.**
Rights Holder:
- Does NOT claim 501(c)(3) or other tax-exempt status
- Makes NO representations regarding tax deductibility
- Will NOT provide tax receipts or acknowledgment letters for deduction purposes
- Recommends consulting a tax professional regarding any tax implications
### 12.4 Donation Processing
Donations are processed through third-party payment processors. By donating, you agree to the terms and privacy policies of those processors. Rights Holder is not responsible for payment processor actions or failures.
### 12.5 Recurring Donations
If you set up recurring donations:
1. You authorize automatic charges on your selected schedule (monthly, quarterly, annually)
2. You may cancel recurring donations at any time via account settings or by contacting support
3. Cancellation takes effect at the next billing cycle
4. No refunds for donations already processed
---
## 13. PAYMENT TERMS AND PROCESSING
### 13.1 Payment Methods
Accepted payment methods may include:
- Credit cards (Visa, Mastercard, American Express, Discover)
- Debit cards
- Digital wallets (PayPal, Apple Pay, Google Pay)
- Bank transfers (ACH for U.S. accounts)
- Cryptocurrency (if supported and disclosed)
Rights Holder reserves the right to modify accepted payment methods at any time.
### 13.2 Payment Authorization
By providing payment information, you:
1. **Represent and warrant** that you are authorized to use the payment method
2. **Authorize Rights Holder** to charge your payment method for applicable fees
3. **Authorize automatic charges** for recurring subscriptions and services
4. **Agree to pay** all applicable taxes, fees, and charges
### 13.3 Payment Failures
If a payment fails:
1. **Retry attempts:** Rights Holder may retry the charge multiple times
2. **Account suspension:** Access may be suspended until payment is successful
3. **Late fees:** Overdue amounts may incur late fees of **1.5% per month** or the maximum allowed by law, whichever is less
4. **Collection:** Unpaid amounts may be referred to collections, and you agree to pay all collection costs including reasonable attorney's fees
### 13.4 Third-Party Payment Processors
Payment processing services are provided by third-party vendors. Rights Holder is not responsible for:
- Payment processor errors, delays, or failures
- Security of payment information stored by processors
- Disputes handled directly by payment processors
- Compliance with payment processor terms and policies
By using Services, you agree to be bound by the terms and privacy policies of Rights Holder's payment processors.
### 13.5 Currency and Taxes
#### 13.5.1 Currency
All prices are stated in **United States Dollars (USD)** unless otherwise specified. International transactions may incur currency conversion fees charged by your bank or payment processor.
#### 13.5.2 Sales Tax and VAT
Prices may not include applicable sales tax, value-added tax (VAT), goods and services tax (GST), or other taxes. You are responsible for paying all applicable taxes based on your billing address and jurisdiction.
**Note:** Sales and use taxes may not apply to transactions occurring on tribal lands or with tribal entities under certain circumstances. Consult your tax advisor.
---
## 14. SERVICE AVAILABILITY AND MODIFICATIONS
### 14.1 Service Modifications
Rights Holder reserves the right to:
1. **Modify or update** Services, features, or functionality at any time
2. **Add or remove** features from any Service tier
3. **Discontinue** Services with 30 days' notice (or immediately for legal/security reasons)
4. **Impose or modify** usage limits, quotas, or restrictions
5. **Change technical specifications** or system requirements
### 14.2 Advance Notice for Material Changes
For material changes that negatively affect your use of Services, Rights Holder will provide reasonable advance notice via:
- Email to your registered account address
- In-app notifications
- Service status page updates
- Blog posts or announcements on the website
### 14.3 Permanent Discontinuation
If Rights Holder permanently discontinues a paid Service:
1. You will receive **minimum 30 days' notice** (except for emergency/legal situations)
2. You may receive a **pro-rata refund** for the unused portion of pre-paid subscription periods
3. You will have opportunity to **export your data** during the notice period
4. Rights Holder is NOT liable for losses resulting from discontinuation
---
## 15. LIMITATION OF LIABILITY
### 15.1 Maximum Liability Cap
**TO THE MAXIMUM EXTENT PERMITTED BY LAW**, Rights Holder's total aggregate liability to you for ANY AND ALL claims arising from or relating to these Terms or your use of Services SHALL NOT EXCEED the GREATER of:
1. **$100 USD**, OR
2. **The total amount paid** by you to Rights Holder in the **three (3) months** immediately preceding the event giving rise to liability
### 15.2 Excluded Damages
**TO THE MAXIMUM EXTENT PERMITTED BY LAW**, Rights Holder SHALL NOT BE LIABLE FOR:
#### 15.2.1 Indirect and Consequential Damages
- **Indirect, incidental, special, consequential, or punitive damages**
- **Loss of profits, revenue, business opportunities, or goodwill**
- **Loss of data** (except as caused by gross negligence or willful misconduct)
- **Cost of substitute goods or services**
- **Business interruption or downtime**
#### 15.2.2 Circumstances Beyond Control
- **Third-party actions:** Acts or omissions of third-party service providers, payment processors, hosting providers, or other vendors
- **User error:** Mistakes, negligence, or misuse by you or your authorized users
- **Unauthorized access:** Security breaches resulting from your failure to maintain reasonable security practices
- **Force majeure:** Acts of God, natural disasters, war, terrorism, pandemics, or other events beyond Rights Holder's reasonable control
### 15.3 Service-Specific Liability
#### 15.3.1 SaaS Products
SaaS products are provided **"AS IS" and "AS AVAILABLE"** without warranties of any kind. Rights Holder does NOT warrant that SaaS products will:
- Meet your specific requirements or expectations
- Operate uninterrupted, error-free, or secure
- Be compatible with all systems, browsers, or devices
- Provide accurate, complete, or reliable results
#### 15.3.2 Donations
Donations are voluntary, non-refundable contributions. Rights Holder makes NO guarantees regarding:
- How donations will be allocated or spent (except as stated at time of donation)
- Tax deductibility of donations
- Benefits, goods, or services in exchange for donations
#### 15.3.3 Third-Party Content and Links
Rights Holder is NOT responsible for:
- Accuracy, legality, or quality of third-party content linked from Services
- Privacy practices or terms of service of third-party websites
- Products or services offered by third parties
- Actions or omissions of third-party service providers
### 15.4 Exceptions to Limitations
These liability limitations do NOT apply to:
1. **Gross negligence or willful misconduct** by Rights Holder
2. **Personal injury or death** caused by Rights Holder's negligence
3. **Fraud or fraudulent misrepresentation**
4. **Violations of Indigenous Data rights** subject to the liquidated damages provisions in the LICENSE
5. **Other liabilities that cannot be excluded under applicable law**
### 15.5 Essential Purpose
You acknowledge that these liability limitations are a fundamental element of the bargain between you and Rights Holder. Without these limitations, Rights Holder could not economically provide Services at current pricing levels.
---
## 16. DISCLAIMERS AND WARRANTIES
### 16.1 "AS IS" and "AS AVAILABLE" Disclaimer
EXCEPT AS EXPRESSLY STATED IN THESE TERMS, SERVICES ARE PROVIDED **"AS IS," "AS AVAILABLE," and "WITH ALL FAULTS."**
Rights Holder DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
1. **Merchantability:** Fitness for ordinary commercial purposes
2. **Fitness for a Particular Purpose:** Suitability for your specific needs
3. **Non-Infringement:** Freedom from third-party intellectual property claims
4. **Title:** Valid ownership or license rights
5. **Accuracy or Reliability:** Correctness, completeness, or dependability of Content
6. **Security:** Freedom from viruses, malware, or security vulnerabilities
7. **Uninterrupted Service:** Continuous availability without downtime
### 16.2 No Guarantee of Results
Rights Holder does NOT warrant or guarantee that:
1. Services will meet your requirements or achieve specific outcomes
2. Services will be compatible with your systems or devices
3. Errors or defects will be corrected
4. Services will be secure, private, or immune from unauthorized access
5. Results obtained from Services will be accurate, complete, or reliable
### 16.3 Third-Party Services Disclaimer
Services may integrate with or link to third-party services, content, or websites. Rights Holder:
- Does NOT endorse, control, or take responsibility for third-party services
- Makes NO representations about third-party accuracy, reliability, or quality
- Is NOT liable for any harm resulting from third-party interactions
### 16.4 Content Disclaimer
All Content available through Services (blogs, documentation, educational materials) is provided **for informational purposes only**. Rights Holder makes NO warranties about:
- Accuracy, completeness, or currentness of information
- Suitability of Content for any particular purpose
- Professional quality of advice or recommendations
**Content does NOT constitute legal, financial, medical, or professional advice.** Consult qualified professionals for advice specific to your situation.
### 16.5 Beta and Experimental Features
Services marked as "beta," "alpha," "preview," "experimental," or "labs" are:
- Provided on an AS-IS basis with NO warranties whatsoever
- May contain significant bugs, errors, or incomplete functionality
- Subject to change or discontinuation at any time without notice
- NOT recommended for production or mission-critical use
- Exempt from any Service Level Agreements (SLAs)
### 16.6 Indigenous Knowledge Disclaimer
While Rights Holder implements CARE Principles and Traditional Knowledge protections:
- Rights Holder does NOT guarantee accuracy of Traditional Knowledge shared by users
- Rights Holder is NOT responsible for validating authenticity of Traditional Knowledge claims
- Users are responsible for obtaining proper permissions before sharing Traditional Knowledge
- Improper use of Traditional Knowledge is subject to enforcement under Section 18
---
## 17. DISPUTE RESOLUTION
### 17.1 Exclusive Tribal Court Jurisdiction (Reaffirmed)
As stated in Section 2.3, **ALL disputes arising from or relating to these Terms or Services SHALL be resolved EXCLUSIVELY in the Grand Traverse Band Tribal Court**, subject to federal court alternative jurisdiction as specified in Section 2.4.
### 17.2 Pre-Litigation Dispute Resolution
Before filing any formal action, the parties agree to attempt good-faith informal resolution:
#### 17.2.1 Notice of Dispute
The party asserting a claim shall send written notice to the other party describing:
1. The nature of the dispute
2. The specific Terms provisions at issue
3. The remedy or relief sought
4. Supporting facts and documentation
Notice to Rights Holder shall be sent to:
**ᓂᐲᔥ Nbiish-Justin Kenwabikise ᑭᓇᐙᐱᑭᓯ**
c/o Grand Traverse Band of Ottawa and Chippewa Indians
2605 N. West Bayshore Drive
Peshawbestown, MI 49682
Email: legal@in-digi-nous.com
#### 17.2.2 Good-Faith Negotiation Period
Following notice, the parties shall engage in good-faith negotiations for **30 days** to attempt resolution.
#### 17.2.3 Mediation (Optional)
If negotiation fails, parties may mutually agree to non-binding mediation with a mediator experienced in:
- Federal Indian law and tribal sovereignty
- Indigenous rights and data governance
- Technology and software licensing disputes
Mediation costs shall be split equally unless otherwise agreed.
### 17.3 Tribal Court Litigation
If informal resolution and mediation (if pursued) fail, disputes shall proceed to Tribal Court litigation pursuant to Section 2.3 through 2.6.
#### 17.3.1 Exhaustion of Tribal Remedies
Consistent with federal Indian law precedent (*National Farmers Union Ins. v. Crow Tribe*, 471 U.S. 845 (1985)), you agree to **exhaust all available Tribal Court remedies** before seeking review in federal court.
Exhaustion includes:
1. Filing in Tribal trial court
2. Pursuing all available Tribal court appeals
3. Obtaining a final judgment from the highest available Tribal appellate authority
#### 17.3.2 Judicial Review Standard
Federal courts reviewing Tribal Court decisions shall apply the standards established in *Iowa Mutual Ins. v. LaPlante*, 480 U.S. 9 (1987):
- Tribal Court factual findings reviewed for clear error
- Tribal Court legal conclusions reviewed de novo
- Deference to Tribal Court interpretations of tribal law
### 17.4 Class Action and Collective Action Waiver
**YOU AGREE TO RESOLVE DISPUTES WITH RIGHTS HOLDER ON AN INDIVIDUAL BASIS ONLY.**
You WAIVE any right to:
1. **Participate in class actions** as a class member
2. **Initiate class actions** as a class representative
3. **Join collective actions** or consolidated proceedings
4. **Seek representative relief** on behalf of others
**EXCEPTION:** This waiver does NOT apply to claims brought on behalf of Indigenous communities or tribes asserting collective Indigenous Data rights under CARE Principles. Such claims may be brought as collective or representative actions in Tribal Court.
### 17.5 Attorney's Fees and Costs
#### 17.5.1 Prevailing Party Recovery
In any litigation arising from these Terms, the **prevailing party** shall be entitled to recover:
1. **Reasonable attorney's fees** (including expert witness fees and litigation consultants)
2. **Court costs and filing fees**
3. **Costs of discovery** (depositions, document production, electronic discovery)
4. **Appeal costs** (if applicable)
#### 17.5.2 Frivolous Claims
A party who brings claims determined by the Tribal Court to be frivolous, in bad faith, or for purposes of harassment shall pay:
- **Double attorney's fees and costs** of the opposing party
- **Sanctions** as determined by the Tribal Court
- **Liquidated damages** of $10,000 USD for abuse of the judicial process
### 17.6 Injunctive Relief
Notwithstanding other dispute resolution provisions, Rights Holder may seek immediate injunctive or equitable relief in Tribal Court or federal court for:
1. **Intellectual property infringement**
2. **Unauthorized access or security breaches**
3. **Violations of Indigenous Data rights or Traditional Knowledge protections**
4. **Breach of confidentiality obligations**
5. **Other irreparable harm** where monetary damages are inadequate
---
## 18. ENFORCEMENT AND REMEDIES
### 18.1 Liquidated Damages for Indigenous Data Violations
As incorporated by reference from the LICENSE, violations of Indigenous Data rights or Traditional Knowledge protections shall result in **MINIMUM liquidated damages of $250,000 USD per violation**.
These damages are a reasonable pre-estimate of harm caused by:
- Cultural appropriation and misappropriation
- Unauthorized commercial exploitation
- Violation of community consent protocols
- Harm to Indigenous sovereignty and self-determination
### 18.2 State Court Jurisdiction Violations
As stated in Section 2.5, any party who initiates or maintains state court proceedings in violation of the exclusive Tribal Court jurisdiction provision shall pay:
- **$100,000 USD liquidated damages** per violation
- **All costs of removal** to proper forum
- **Attorney's fees and costs** incurred by Rights Holder
### 18.3 Account Suspension and Termination
Rights Holder may suspend or terminate your account and access to Services for:
#### 18.3.1 Immediate Termination (No Warning)
- Violation of laws (tribal, federal, or international)
- Fraud, theft, or financial crimes
- Security breaches or hacking attempts
- Misappropriation of Indigenous Data or Traditional Knowledge
- Repeated or egregious Terms violations
#### 18.3.2 Termination After Warning
- Minor or first-time Terms violations
- Payment failures (after retry attempts)
- Abusive or harassing behavior
- Spam or unsolicited commercial activity
### 18.4 Effect of Termination
Upon account termination:
1. **Immediate Access Cessation:** All access to Services terminates immediately
2. **Data Retention:** Your data may be retained for 30 days for potential reactivation, then deleted
3. **No Refunds:** Subscription fees and donations are non-refundable
4. **Survival of Terms:** Sections 2, 7, 15, 16, 17, 18, 27, and 28 survive termination
5. **Outstanding Obligations:** You remain liable for unpaid fees, damages, or other obligations
### 18.5 Criminal and Civil Referrals
Rights Holder reserves the right to refer violations to:
1. **Tribal law enforcement** (Grand Traverse Band Law Enforcement)
2. **Federal authorities** (FBI, U.S. Attorney's Office)
3. **Regulatory agencies** (FTC, CFPB, ICANN, domain registrars)
4. **Civil litigation** for damages and injunctive relief
---
## 19. INDEMNIFICATION
### 19.1 Your Indemnification Obligations
You agree to **defend, indemnify, and hold harmless** Rights Holder, GTBOCI, and their respective officers, employees, agents, contractors, and affiliates from and against ANY AND ALL:
1. **Claims, demands, or causes of action**
2. **Losses, damages, liabilities, or costs** (including reasonable attorney's fees)
3. **Arising from or relating to:**
- Your use or misuse of Services
- Your violation of these Terms
- Your violation of any law, regulation, or third-party rights
- Your User Content or Customer Data
- Your infringement of intellectual property rights
- Your violation of Indigenous Data rights or Traditional Knowledge protections
### 19.2 Indemnification Process
If a claim arises for which you must indemnify Rights Holder:
1. **Notice:** Rights Holder will provide prompt written notice of the claim
2. **Control:** Rights Holder may choose to control the defense and settlement (at your expense)
3. **Cooperation:** You must cooperate fully in the defense
4. **No Settlement:** You may not settle claims without Rights Holder's written consent
### 19.3 Rights Holder Indemnification (Limited)
Rights Holder agrees to indemnify you ONLY for third-party claims that the Services, when used in compliance with these Terms, infringe a valid U.S. patent, copyright, or trademark.
This indemnification does NOT apply if infringement results from:
- Your modification of Services
- Your combination of Services with third-party products
- Your use of Services in violation of these Terms
- Your use of beta or unsupported Services
Rights Holder's remedies include, at its option:
- Obtaining licenses for you to continue using Services
- Modifying Services to be non-infringing
- Discontinuing infringing features
- Refunding pre-paid fees for discontinued Services
---
## 20. THIRD-PARTY SERVICES AND LINKS
### 20.1 Third-Party Links and Content
Services may contain links to third-party websites, services, or content not owned or controlled by Rights Holder.
Rights Holder:
- Does NOT endorse or verify third-party websites or content
- Has NO control over third-party privacy practices or terms of service
- Is NOT responsible for third-party actions, omissions, or policies
- Is NOT liable for harm resulting from your use of third-party services
### 20.2 Third-Party Service Providers
Rights Holder may use third-party service providers for:
- **Cloud hosting** (AWS, Google Cloud, Azure, etc.)
- **Payment processing** (Stripe, PayPal, etc.)
- **Email delivery** (SendGrid, Mailgun, etc.)
- **Analytics** (Google Analytics, Plausible, etc.)
- **Content delivery** (Cloudflare, Fastly, etc.)
Your use of Services may be subject to the terms and privacy policies of these providers.
### 20.3 User Responsibility for Third-Party Interactions
You are solely responsible for:
- Reviewing third-party terms and privacy policies
- Understanding risks of third-party interactions
- Any losses or damages from third-party services
- Compliance with third-party requirements
---
## 21. CHILDREN'S PRIVACY AND PROTECTION
### 21.1 Age Restrictions
Services are NOT directed to children under 13 years of age. Rights Holder does not knowingly collect personal information from children under 13.
### 21.2 Parental Consent
If you are between 13 and 18 years of age (or the age of majority in your jurisdiction), you may use Services ONLY with:
- Parental or guardian consent
- Parental or guardian supervision
- Agreement by parent/guardian to be bound by these Terms
### 21.3 Discovery of Child Information
If Rights Holder discovers that personal information has been collected from a child under 13 without parental consent, Rights Holder will:
1. **Delete the information** immediately
2. **Terminate the account** (if applicable)
3. **Notify parents/guardians** if contact information is available
### 21.4 Reporting
If you believe a child under 13 has provided personal information to Rights Holder, please contact privacy@in-digi-nous.com immediately.
---
## 22. ACCESSIBILITY COMMITMENT
### 22.1 Accessibility Standards
Rights Holder is committed to making Services accessible to users with disabilities. We strive to comply with:
- **WCAG 2.1 Level AA** (Web Content Accessibility Guidelines)
- **Section 508** of the Rehabilitation Act
- **ADA Title III** (Americans with Disabilities Act)
### 22.2 Accessibility Features
Services may include:
- Keyboard navigation support
- Screen reader compatibility
- Alternative text for images
- Captioning for video content
- Adjustable font sizes and contrast
### 22.3 Reporting Accessibility Issues
If you encounter accessibility barriers, please contact:
**Accessibility Coordinator**
Email: accessibility@in-digi-nous.com
Phone: 402-431-2023
We will work with you to provide the information or functionality through an alternative method.
---
## 23. DMCA AND COPYRIGHT COMPLIANCE
### 23.1 DMCA Notice and Takedown
Rights Holder respects intellectual property rights and complies with the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512.
### 23.2 Filing a DMCA Notice
If you believe content on Services infringes your copyright, send a DMCA notice to our designated agent with:
1. **Identification of the copyrighted work** claimed to be infringed
2. **Identification of the infringing material** and its location on Services
3. **Your contact information** (name, address, phone, email)
4. **Statement of good faith belief** that use is unauthorized
5. **Statement under penalty of perjury** that information is accurate and you are the copyright owner or authorized agent
6. **Your physical or electronic signature**
**DMCA Designated Agent:**
ᓂᐲᔥ Nbiish-Justin Kenwabikise ᑭᓇᐙᐱᑭᓯ
Email: dmca@in-digi-nous.com
Address: 2605 N. West Bayshore Drive, Peshawbestown, MI 49682
### 23.3 Counter-Notice
If your content was removed pursuant to a DMCA notice and you believe the removal was erroneous, you may file a counter-notice containing:
1. **Identification of removed material** and its prior location
2. **Statement under penalty of perjury** that removal was a mistake or misidentification
3. **Consent to jurisdiction** of Tribal Court
4. **Your contact information and signature**
### 23.4 Repeat Infringer Policy
Rights Holder will terminate accounts of repeat copyright infringers in appropriate circumstances.
---
## 24. FORCE MAJEURE
Rights Holder shall NOT be liable for failure or delay in performance resulting from causes beyond reasonable control, including:
- **Acts of God:** Earthquakes, floods, fires, storms, natural disasters
- **Pandemic or epidemic:** Disease outbreaks, public health emergencies
- **War, terrorism, or civil unrest:** Armed conflict, riots, insurrection
- **Government action:** Laws, regulations, orders, embargoes, sanctions
- **Labor disputes:** Strikes, lockouts, labor shortages
- **Infrastructure failures:** Internet service provider outages, power failures, telecommunications disruptions
- **Cyberattacks:** DDoS attacks, ransomware, coordinated hacking
During force majeure events, Rights Holder's obligations are suspended for the duration of the event. If the event exceeds 60 days, either party may terminate affected Services.
---
## 25. TERMINATION AND SUSPENSION
### 25.1 Termination by You
You may terminate these Terms at any time by:
1. **Closing your account** via account settings
2. **Canceling subscriptions** (access continues until end of billing period)
3. **Ceasing all use** of Services
4. **Contacting support** to request account deletion
### 25.2 Termination by Rights Holder
Rights Holder may terminate or suspend your access:
- **For Cause:** Violation of these Terms, illegal activity, fraud, abuse
- **Without Cause:** With 30 days' notice and pro-rata refund of pre-paid fees (at Rights Holder's discretion)
- **Immediately:** For security threats, legal compliance, or protection of Services
### 25.3 Effect of Termination
Upon termination:
1. All licenses granted to you terminate immediately
2. You must cease all use of Services
3. You must delete all downloaded or cached content
4. Data retention follows Section 11.3.4 (30-day grace period, then deletion)
5. Unpaid fees become immediately due
6. Survival provisions remain in effect
### 25.4 Survival
The following sections survive termination:
- Section 2 (Legal Framework and Jurisdiction)
- Section 7 (Intellectual Property Rights)
- Section 8 (Indigenous Data Sovereignty)
- Section 9 (Traditional Knowledge Protection)
- Section 15 (Limitation of Liability)
- Section 16 (Disclaimers)
- Section 17 (Dispute Resolution)
- Section 18 (Enforcement and Remedies)
- Section 19 (Indemnification)
- Section 27 (Severability)
- Section 28 (Entire Agreement)
---
## 26. CHANGES TO TERMS
### 26.1 Right to Modify
Rights Holder reserves the right to modify these Terms at any time.
### 26.2 Notice of Changes
For material changes, Rights Holder will provide notice via:
- **Email** to registered account address (minimum 30 days before effective date)
- **In-app notification** upon next login
- **Posting** on the website with updated "Last Updated" date
Non-material changes (typo corrections, clarifications, formatting) may be made without notice.
### 26.3 Acceptance of Changes
By continuing to use Services after the effective date of modified Terms, you accept the changes.
### 26.4 Rejection of Changes
If you do not accept modified Terms, you must:
1. **Discontinue use** of Services before the effective date
2. **Cancel subscriptions** (no refund for remainder of current billing period unless otherwise stated)
3. **Export your data** before termination
---
## 27. SEVERABILITY AND INTERPRETATION
### 27.1 Severability
If any provision of these Terms is found to be unenforceable, invalid, or contrary to applicable law:
1. The provision shall be **modified to the minimum extent necessary** to make it enforceable
2. If modification is not possible, the provision shall be **severed** from these Terms
3. The **remaining provisions** shall remain in full force and effect
4. The severed provision shall be **replaced** with a valid provision that most closely reflects the original intent
### 27.2 Interpretation Principles
These Terms shall be interpreted according to:
- **Tribal law principles** and GTBOCI interpretive frameworks
- **Federal Indian law** canons of construction
- **Plain meaning** of language used
- **Context and purpose** of each provision
### 27.3 No Waiver
Failure by Rights Holder to enforce any provision does NOT constitute a waiver of that provision or any other provision. Waivers must be in writing and signed by Rights Holder.
### 27.4 Headings
Section and subsection headings are for convenience only and do not limit or affect interpretation.
### 27.5 Entire Agreement (Reaffirmed)
See Section 28 for the entire agreement provision.
---
## 28. ENTIRE AGREEMENT
### 28.1 Integration Clause
These Terms, together with:
- The **Privacy Policy** (incorporated by reference)
- The **LICENSE** (incorporated by reference for Indigenous Data protections)
- Any **service-specific supplemental terms** presented at signup
constitute the **ENTIRE AGREEMENT** between you and Rights Holder regarding Services.
### 28.2 Supersession
These Terms supersede all prior or contemporaneous:
- Oral or written agreements
- Proposals or negotiations
- Communications or understandings
- Course of dealing or trade usage
### 28.3 Amendments
These Terms may be amended ONLY by:
1. Written modifications executed by both parties, OR
2. Modifications published by Rights Holder pursuant to Section 26
### 28.4 No Third-Party Beneficiaries
These Terms are for the benefit of you and Rights Holder only. No third party has any rights to enforce these Terms except:
- **GTBOCI** as the sovereign authority under which these Terms operate
- **Indigenous communities** asserting collective rights under Sections 8 and 9
- **Indemnified parties** under Section 19
---
## 29. CONTACT INFORMATION
### 29.1 General Inquiries
For questions about these Terms or Services:
**Email:** support@in-digi-nous.com
**Phone:** 402-431-2023
**Mail:**
ᓂᐲᔥ Nbiish-Justin Kenwabikise ᑭᓇᐙᐱᑭᓯ
c/o Grand Traverse Band of Ottawa and Chippewa Indians
2605 N. West Bayshore Drive
Peshawbestown, MI 49682
### 29.2 Legal Notices
For legal notices, dispute notifications, or DMCA takedowns:
**Email:** legal@in-digi-nous.com
**DMCA Agent:** dmca@in-digi-nous.com
### 29.3 Privacy and Data Protection
For privacy inquiries, data subject access requests, or CARE Principles questions:
**Email:** privacy@in-digi-nous.com
### 29.4 Accessibility
For accessibility assistance or to report barriers:
**Email:** accessibility@in-digi-nous.com
**Phone:** 402-431-2023
### 29.5 Traditional Knowledge and Indigenous Rights
For inquiries about Traditional Knowledge protections, CARE Principles implementation, or Indigenous Data Sovereignty:
**Email:** indigenous-rights@in-digi-nous.com
### 29.6 Response Times
Rights Holder strives to respond to inquiries within:
- **Support requests:** 2-3 business days
- **Legal notices:** 5-7 business days
- **Privacy/data requests:** 30 days (as required by GDPR/CCPA)
- **Emergency security issues:** 24 hours
---
## 30. ACKNOWLEDGMENT AND ACCEPTANCE
### 30.1 Acknowledgment
By using Services, you acknowledge that you have:
1. **Read and understood** these Terms in their entirety
2. **Had opportunity to review** with legal counsel if desired
3. **Understood** the tribal sovereignty and jurisdictional framework
4. **Agreed** to be bound by all provisions including dispute resolution and liability limitations
5. **Consented** to exclusive Tribal Court jurisdiction
6. **Committed** to respecting Indigenous Data Sovereignty and Traditional Knowledge protections
### 30.2 Capacity Confirmation
You confirm that you:
- Are at least 18 years of age OR have parental/guardian consent
- Have legal capacity to enter binding contracts
- Are not prohibited from using Services under applicable law
- Will comply with all Terms and applicable laws
### 30.3 Anishinaabemowin Acknowledgment
**Aaniin. Miigwech gidaabadjitooying gidanokiiwinaan.** (*Hello. Thank you for using our Services.*)
We honor the Anishinaabemowin language and the traditional territories of the Anishinaabeg. By using Services, you join us in respecting Indigenous knowledge systems and contributing to a more just and equitable digital future.
**Giga-waabamin naagaj.** (*We will see you later.*)
---
## APPENDIX A: QUICK REFERENCE FOR JURISDICTION
**Where can disputes be filed?**
1. **FIRST:** Grand Traverse Band Tribal Court (exclusive jurisdiction)
2. **SECOND:** U.S. District Court for the Western District of Michigan (only after exhausting Tribal Court remedies OR if Tribal Court declines jurisdiction)
3. **PROHIBITED:** State courts (any state court filing results in $100,000 liquidated damages)
**Legal notices should be sent to:**
ᓂᐲᔥ Nbiish-Justin Kenwabikise ᑭᓇᐙᐱᑭᓯ
c/o Grand Traverse Band of Ottawa and Chippewa Indians
2605 N. West Bayshore Drive
Peshawbestown, MI 49682
Email: legal@in-digi-nous.com
---
## APPENDIX B: QUICK REFERENCE FOR INDIGENOUS DATA RIGHTS
**CARE Principles:**
- **C**ollective Benefit: Benefits accrue to Indigenous communities
- **A**uthority to Control: Communities govern their data
- **R**esponsibility: Transparent reporting and accountability
- **E**thics: Indigenous wellbeing is primary concern
**Traditional Knowledge Labels:** Respect restrictions indicated by TK Labels from Local Contexts
**Liquidated Damages:** Violations result in minimum $250,000 USD damages per incident
**Sacred Knowledge:** Extra protections for ceremonial/spiritual information
---
## APPENDIX C: QUICK REFERENCE FOR SUBSCRIPTIONS AND PAYMENTS
| Topic | Key Point |
|-------|-----------|
| **Billing** | Automatic recurring charges on your selected cycle |
| **Free Trials** | Automatically convert to paid unless canceled |
| **Price Changes** | 30 days' notice for subscription price increases |
| **Cancellation** | Access continues until end of current billing period |
| **Refunds** | Generally non-refundable except for service failures or legal requirements |
| **Currency** | All prices in USD |
| **Late Fees** | 1.5% per month on overdue amounts |
---
**END OF TERMS OF SERVICE**
**Document Version:** 2.0
**Effective Date:** November 8, 2025
**Last Updated:** November 8, 2025
**Copyright © 2025 ᓂᐲᔥ Nbiish-Justin Kenwabikise ᑭᓇᐙᐱᑭᓯ. All rights reserved.**
**Governed by the sovereign authority of the Grand Traverse Band of Ottawa and Chippewa Indians.**
*This document incorporates principles from UNDRIP, WIPO Traditional Knowledge frameworks, ILO Convention 169, the Nagoya Protocol, CARE Principles for Indigenous Data Governance, and federal Indian law.*
