Spaces:
Sleeping
Sleeping
nbiish commited on
Commit ·
a27e4b6
unverified ·
0
Parent(s):
chore: initial clean push to github and huggingface
Browse files- .gitattributes +1 -0
- .github/FUNDING.yml +9 -0
- .gitignore +111 -0
- AGENTS.md +59 -0
- CONTRIBUTING.md +1296 -0
- LICENSE +0 -0
- Privacy-Policy.md +2042 -0
- README.md +53 -0
- Terms-of-Service.md +1762 -0
- US20060014125A1_clean.md +389 -0
- app.py +135 -0
- buy-me-a-coffee.svg +36 -0
- critical.md +100 -0
- pyproject.toml +12 -0
- qr-stripe-donation.png +0 -0
- requirements.txt +4 -0
- to-implement.md +395 -0
- uv.lock +0 -0
.gitattributes
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*.pdf filter=lfs diff=lfs merge=lfs -text
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.github/FUNDING.yml
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@@ -0,0 +1,9 @@
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# GitHub Sponsors and funding platforms for Nbiish's repositories
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# This file enables the "Sponsor" button on GitHub repositories
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github: [nbiish] # GitHub Sponsors username
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| 5 |
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ko_fi: nbiish # Ko-fi username
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custom: [
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"https://raw.githubusercontent.com/nbiish/license-for-all-works/8e9b73b269add9161dc04bbdd79f818c40fca14e/qr-stripe-donation.png",
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"https://www.buymeacoffee.com/nbiish"
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]
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.gitignore
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@@ -0,0 +1,111 @@
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# AINISH Coder Tooling Distribution - Git Ignore Patterns
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| 2 |
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# ai pair programmer files
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.cursor/
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.cursorrules
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| 6 |
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.github/copilot-instructions.md
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| 7 |
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.github/instructions/*
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| 8 |
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.gemini/
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| 9 |
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.qwen/
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.claude/
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| 11 |
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.continue/
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.clinerules/
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.windsurf/
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| 14 |
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.aider*
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.trae/
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docs/
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| 17 |
+
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| 18 |
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# Environment and configuration files
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| 19 |
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.env
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| 20 |
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.env.*
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| 21 |
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!.env.example
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| 22 |
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*.env.local
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| 23 |
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*.env.development
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| 24 |
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*.env.test
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| 25 |
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*.env.production
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| 26 |
+
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# Virtual environments
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| 28 |
+
venv/
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+
venv.bak/
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| 30 |
+
venv.bak*
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| 31 |
+
venv.*
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| 32 |
+
.venv/
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| 33 |
+
ENV/
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+
env/
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.conda/
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.python-version
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| 37 |
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*/.env
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| 38 |
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*/*env.*
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| 39 |
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!*env.example
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| 40 |
+
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# IDE and editor files
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| 42 |
+
.vscode/
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| 43 |
+
*.sublime-project
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| 44 |
+
*.sublime-workspace
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| 45 |
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# OS generated files
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| 47 |
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.DS_Store
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.DS_Store?
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# Security and secrets
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| 51 |
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*.key
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*.pem
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*.p12
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*.pfx
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| 55 |
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*.crt
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| 56 |
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*.csr
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| 57 |
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*.pem
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| 58 |
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*.p12
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| 59 |
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*.pfx
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| 60 |
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*.jks
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| 61 |
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*.keystore
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| 62 |
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secrets/
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| 63 |
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.secrets
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# Database files
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| 66 |
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*.db
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*.sqlite
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*.sqlite3
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*.db-journal
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# Backup files
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*.bak
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*.backup
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*.backup.*
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*.old
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*.orig
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*.rej
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*.orig
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*.swp
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*.swo
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# Rust
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target/
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# Python
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__pycache__/
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*.pyc
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build/
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dist/
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*.egg-info/
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.pytest_cache/
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# Shared Libraries
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*.so
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*.dylib
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*.dll
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# General
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*.log
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*.tmp
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*.new
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tmp/
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# Node.js
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node_modules/
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npm-debug.log
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yarn-error.log
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.pnpm-debug.log
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# Security reports
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SECURITY_REPORT.md
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AGENTS.md
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# AGENTS.md
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<agent>
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**Role**: Senior Principal Engineer
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**Approach**: Security-first, match existing codebase patterns
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| 6 |
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**Output**: Production-ready, minimal, tested
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</agent>
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| 8 |
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<context>
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- Request only necessary files
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| 11 |
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- Summarize long sessions vs carrying full history
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- Verify assumptions against actual code
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</context>
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<security>
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## Core
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- Zero Trust: Sanitize all inputs
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- Least Privilege: Minimal permissions
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- No hardcoded secrets—environment variables only
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| 20 |
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## Post-Quantum Cryptography (NIST Finalized 2024, Updated 2025)
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| 22 |
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| Purpose | Standard | Algorithm |
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| 23 |
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|---------|----------|-----------|
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| 24 |
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| Key Encapsulation | FIPS 203 | ML-KEM-768 (enterprise) / ML-KEM-1024 (high-security) |
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| Digital Signatures | FIPS 204 | ML-DSA-65 (general) / ML-DSA-87 (high-security) |
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| 26 |
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| Hash-Based Signatures | FIPS 205 | SLH-DSA (stateless, conservative) |
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| 27 |
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| Backup KEM | NIST 2025 | HQC (code-based, diversity) |
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| 28 |
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**Implementation**:
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| 30 |
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- Hybrid mode: X25519 + ML-KEM for key exchange during transition
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| 31 |
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- TLS 1.3+ with PQC cipher suites
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| 32 |
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- OpenSSL 3.5+ or liboqs for algorithm support
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| 33 |
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- Reference: NIST SP 1800-38 (migration playbook)
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| 34 |
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</security>
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| 35 |
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| 36 |
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<coding>
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| 37 |
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## Universal
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| 38 |
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- Match existing codebase style
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| 39 |
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- SOLID, DRY, KISS, YAGNI
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| 40 |
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- Small, focused changes over rewrites
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| 41 |
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| 42 |
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## By Language
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| 43 |
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| Language | Standards |
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| 44 |
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|----------|-----------|
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| 45 |
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| Bash | `set -euo pipefail`, `[[ ]]`, `"${var}"` |
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| 46 |
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| Python | PEP 8, type hints, `uv`/`poetry`, `.venv` |
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| 47 |
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| TypeScript | strict mode, ESLint, Prettier |
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| 48 |
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| Rust | `cargo fmt`, `cargo clippy`, `Result` over panic |
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| 49 |
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| Go | `gofmt`, `go vet`, Effective Go |
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| 50 |
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</coding>
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| 51 |
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| 52 |
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<workflow>
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| 53 |
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1. Read relevant existing code
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| 54 |
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2. Plan approach
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| 55 |
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3. Implement with tests
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| 56 |
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4. Verify against linters
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| 57 |
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| 58 |
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**Git**: `<type>(<scope>): <description>` — feat|fix|docs|refactor|test|chore|perf|ci
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| 59 |
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</workflow>
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CONTRIBUTING.md
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| 1 |
+
# CONTRIBUTOR LICENSE AGREEMENT (CLA) FOR WORKS UNDER TRIBAL SOVEREIGNTY, INDIGENOUS DATA SOVEREIGNTY, AND TRADITIONAL KNOWLEDGE PROTECTION
|
| 2 |
+
|
| 3 |
+
## TABLE OF CONTENTS
|
| 4 |
+
|
| 5 |
+
1. [Preamble & Legal Foundation](#preamble--legal-foundation)
|
| 6 |
+
2. [Definitions](#definitions)
|
| 7 |
+
3. [Agreement to LICENSE Terms](#agreement-to-license-terms)
|
| 8 |
+
4. [Contributor Warranties and Representations](#contributor-warranties-and-representations)
|
| 9 |
+
5. [Grant of Conditional Rights](#grant-of-conditional-rights)
|
| 10 |
+
6. [Technology Use Restrictions and Prohibitions](#technology-use-restrictions-and-prohibitions)
|
| 11 |
+
7. [Benefit-Sharing and Financial Obligations](#benefit-sharing-and-financial-obligations)
|
| 12 |
+
8. [Jurisdiction, Forum Selection, and Choice of Law](#jurisdiction-forum-selection-and-choice-of-law)
|
| 13 |
+
9. [Enforcement Mechanisms and Remedies](#enforcement-mechanisms-and-remedies)
|
| 14 |
+
10. [Patent and Intellectual Property Obligations](#patent-and-intellectual-property-obligations)
|
| 15 |
+
11. [Indemnification and Limitation of Liability](#indemnification-and-limitation-of-liability)
|
| 16 |
+
12. [Additional Protective Provisions](#additional-protective-provisions)
|
| 17 |
+
13. [Acceptance and Electronic Signature](#acceptance-and-electronic-signature)
|
| 18 |
+
|
| 19 |
+
---
|
| 20 |
+
|
| 21 |
+
## 1. PREAMBLE & LEGAL FOUNDATION
|
| 22 |
+
|
| 23 |
+
### 1.1 Purpose and Scope
|
| 24 |
+
|
| 25 |
+
This Contributor License Agreement ("CLA" or "Agreement") governs all contributions to the project operating under the **LICENSE** file located in the root directory of this repository. By contributing to this project, you enter into a legally binding agreement that respects and upholds the inherent sovereignty, intellectual property rights, Traditional Knowledge (TK), Traditional Cultural Expressions (TCEs), and Indigenous Data Sovereignty of the Rights Holder and their designated community.
|
| 26 |
+
|
| 27 |
+
This Agreement operates within a comprehensive legal framework that includes, but is not limited to:
|
| 28 |
+
|
| 29 |
+
### 1.2 Constitutional Supremacy Framework
|
| 30 |
+
|
| 31 |
+
This Agreement operates under the constitutional supremacy framework established by **Article VI, Clause 2 of the United States Constitution** (the Supremacy Clause), which declares federal law, including federal Indian law, to be the "supreme law of the land." Federal Indian law establishes exclusive federal jurisdiction over matters involving tribal sovereignty and Indigenous intellectual property rights.
|
| 32 |
+
|
| 33 |
+
The project LICENSE invokes **federal preemption** to ensure that Indigenous rights and tribal sovereignty are protected from state court interference or concurrent jurisdiction claims. This Agreement incorporates and is subordinate to all federal Indian law protections, including:
|
| 34 |
+
|
| 35 |
+
- **Worcester v. Georgia**, 31 U.S. 515 (1831) - establishing state law inapplicability to tribal matters
|
| 36 |
+
- **Michigan v. Bay Mills Indian Community**, 572 U.S. 782 (2014) - affirming tribal sovereign immunity
|
| 37 |
+
- **Indian Arts and Crafts Act**, 25 U.S.C. § 305 et seq. - protecting Indigenous cultural production
|
| 38 |
+
- **Indian Civil Rights Act**, 25 U.S.C. § 1301 et seq. - establishing tribal court jurisdiction
|
| 39 |
+
- Federal trust responsibility doctrine - creating enhanced protection for Indigenous rights
|
| 40 |
+
|
| 41 |
+
### 1.3 Treaty Rights Foundation
|
| 42 |
+
|
| 43 |
+
The protections in this Agreement are grounded in and exercise the inherent sovereignty and treaty-reserved rights of the **Grand Traverse Band of Ottawa and Chippewa Indians (GTBOCI)** under:
|
| 44 |
+
|
| 45 |
+
**a) Treaty of Washington (March 28, 1836)** - 7 Stat. 491, reserving to the Ottawa and Chippewa Nations all rights not explicitly ceded, including cultural, intellectual, and spiritual rights;
|
| 46 |
+
|
| 47 |
+
**b) Treaty of Detroit (July 31, 1855)** - 11 Stat. 621, affirming continuing government-to-government relationship and reserved rights;
|
| 48 |
+
|
| 49 |
+
**c) Reserved Rights Doctrine** - Under *Winters v. United States*, 207 U.S. 564 (1908), tribes reserved all rights not explicitly ceded in treaties, including rights to protect and govern intellectual property, TK, TCEs, and cultural resources.
|
| 50 |
+
|
| 51 |
+
These treaty rights are:
|
| 52 |
+
- Constitutionally protected under Article VI, Clause 2
|
| 53 |
+
- Not subject to state interference
|
| 54 |
+
- Construed liberally in favor of the tribe (Indian canons of construction)
|
| 55 |
+
- Capable of evolution to modern circumstances including digital intellectual property
|
| 56 |
+
|
| 57 |
+
### 1.4 International Indigenous Rights Framework
|
| 58 |
+
|
| 59 |
+
This Agreement implements protections consistent with international Indigenous rights instruments:
|
| 60 |
+
|
| 61 |
+
**a) UN Declaration on the Rights of Indigenous Peoples (UNDRIP):**
|
| 62 |
+
- Article 11: Right to practice and revitalize cultural traditions and customs
|
| 63 |
+
- Article 31: Right to maintain, control, protect and develop cultural heritage, TK, TCEs, and intellectual property
|
| 64 |
+
- Article 37: Right to recognition and enforcement of treaties and constructive arrangements
|
| 65 |
+
|
| 66 |
+
**b) WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge (adopted May 2024):**
|
| 67 |
+
- Article 3: Mandatory disclosure requirements for patent applications using TK
|
| 68 |
+
- Article 5: Remedies for non-disclosure (patent invalidation, enforcement prevention)
|
| 69 |
+
- Article 7: Cross-border cooperation provisions
|
| 70 |
+
|
| 71 |
+
**c) ILO Convention 169 - Indigenous and Tribal Peoples Convention:**
|
| 72 |
+
- Article 2: Coordinated government action to protect Indigenous rights
|
| 73 |
+
- Article 15: Indigenous rights to natural and intellectual resources
|
| 74 |
+
- Article 23: Recognition of traditional activities and cultural practices
|
| 75 |
+
|
| 76 |
+
**d) Nagoya Protocol on Access and Benefit-Sharing (CBD):**
|
| 77 |
+
- Article 5: Fair and equitable benefit-sharing from traditional knowledge utilization
|
| 78 |
+
- Article 7: Prior informed consent (PIC) required for traditional knowledge access
|
| 79 |
+
- Article 12: Mutually agreed terms including benefit-sharing arrangements
|
| 80 |
+
|
| 81 |
+
### 1.5 Civil Jurisdiction Preservation Post-Castro-Huerta
|
| 82 |
+
|
| 83 |
+
The Supreme Court's decision in *Oklahoma v. Castro-Huerta*, 597 U.S. ___ (2022), addressed **criminal jurisdiction only** and does NOT affect the exclusive federal and tribal **civil jurisdiction** applicable to this Agreement. This Agreement governs civil intellectual property rights, not criminal conduct, and remains subject to exclusive tribal and federal jurisdiction under *Montana v. United States*, *Williams v. Lee*, and related civil jurisdiction precedents.
|
| 84 |
+
|
| 85 |
+
**State courts have NO jurisdiction over disputes arising from this Agreement.** Any state court proceedings violate federal law and tribal sovereignty, subjecting the filing party to immediate jurisdictional challenges, removal to federal court under 28 U.S.C. § 1441, and liquidated damages under Section 9.4 of this Agreement.
|
| 86 |
+
|
| 87 |
+
### 1.6 Indigenous Data Sovereignty Framework
|
| 88 |
+
|
| 89 |
+
This Agreement implements **Indigenous Data Sovereignty** principles, recognizing the inherent right of Indigenous peoples to govern the collection, ownership, access, analysis, interpretation, management, storage, dissemination, and reuse of data pertaining to them, their lands, resources, cultures, and knowledge systems.
|
| 90 |
+
|
| 91 |
+
Contributions are subject to the **CARE Principles for Indigenous Data Governance:**
|
| 92 |
+
- **C**ollective Benefit: Data ecosystems shall enable Indigenous peoples to derive benefit
|
| 93 |
+
- **A**uthority to Control: Indigenous peoples have rights and interests in their data
|
| 94 |
+
- **R**esponsibility: Those working with Indigenous data have responsibility to share how data is used
|
| 95 |
+
- **E**thics: Indigenous peoples' rights and wellbeing shall be primary concern
|
| 96 |
+
|
| 97 |
+
### 1.7 Purpose of Wealth Reclamation
|
| 98 |
+
|
| 99 |
+
This Agreement serves the fundamental purpose of **Indigenous wealth reclamation**, addressing centuries of extraction and appropriation of Indigenous knowledge, resources, and cultural expressions without compensation or consent. All benefit-sharing obligations in this Agreement are designed to redirect value back to Indigenous communities for their self-determination, cultural preservation, and economic sovereignty.
|
| 100 |
+
|
| 101 |
+
---
|
| 102 |
+
|
| 103 |
+
## 2. DEFINITIONS
|
| 104 |
+
|
| 105 |
+
For the purposes of this Agreement, the following terms have the meanings specified below. These definitions are incorporated from and must be interpreted consistently with the project LICENSE:
|
| 106 |
+
|
| 107 |
+
### 2.1 Core Licensing Terms
|
| 108 |
+
|
| 109 |
+
**"AI Training/Development":** Includes, but is not limited to, using the Work, in whole or in part, as input data for training, fine-tuning, validating, benchmarking, developing, or otherwise improving any artificial intelligence (AI) models, machine learning (ML) systems, large language models (LLMs), neural networks, algorithms, or related technologies, regardless of the method (e.g., supervised learning, unsupervised learning, reinforcement learning, transfer learning, few-shot learning, or any future machine learning methodologies). This includes intermediate copying, embedding creation, parameter updating, gradient computation, and any other computational process that incorporates the Work into an AI system's learned representations or weights.
|
| 110 |
+
|
| 111 |
+
**"Commercial Use/Commercialization":** Any use of the Work, Contribution, or Derivative Work primarily intended for or directed toward commercial advantage or monetary compensation. This includes, but is not limited to: selling, licensing for a fee, using in products or services offered for sale, using in advertising or marketing materials, incorporating into revenue-generating business operations, offering as part of subscription services, or using to enhance commercial standing or funding prospects. Non-profit or academic use may constitute Commercial Use if it involves cost-recovery exceeding direct costs, generates revenue streams, or serves commercial purposes beyond standard academic dissemination.
|
| 112 |
+
|
| 113 |
+
**"Contribution":** Any original work of authorship, including any modifications or additions to existing Work, that is intentionally submitted by you to the Rights Holder for inclusion in the Work. "Submitted" means any form of electronic, verbal, or written communication sent to the Rights Holder or their representatives, including but not limited to communication on electronic mailing lists, source code control systems, issue tracking systems, pull requests, and direct communications. Contributions become part of the "Work" as defined in the LICENSE upon acceptance by the Rights Holder.
|
| 114 |
+
|
| 115 |
+
**"Derivative Work":** A work based upon one or more preexisting works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which a work may be recast, transformed, or adapted. This explicitly includes: (i) datasets derived or extracted from the Work, (ii) software incorporating code or concepts from the Work, (iii) AI models trained using the Work, (iv) modifications or enhancements to the Work, (v) works that incorporate the Work in combination with other materials, and (vi) any work that would constitute a derivative work under copyright law or that incorporates TK or TCEs from the Work.
|
| 116 |
+
|
| 117 |
+
**"Indigenous Data Sovereignty":** The inherent right of Indigenous peoples to govern the collection, ownership, access, analysis, interpretation, management, storage, dissemination, and reuse of data pertaining to them, their lands, resources, cultures, knowledge systems, or any information derived therefrom. This includes the right to determine how data is used, who benefits from it, and to ensure data practices align with Indigenous values, protocols, and the CARE Principles.
|
| 118 |
+
|
| 119 |
+
**"Prior Informed Consent (PIC)":** A formal, documented agreement obtained from the Rights Holder (and potentially GTBOCI authorities, as specified in the LICENSE) *before* any proposed use commences that falls outside narrowly defined Permissible Uses or falls under Prohibited Uses. PIC requires full disclosure of intended use, adherence to specified conditions, and is subject to revocation. PIC must be obtained in writing and must meet the requirements specified in Section 9 of the LICENSE.
|
| 120 |
+
|
| 121 |
+
**"Rights Holder":** ᓂᐲᔥ ᐙᐸᓂᒥᑮ-ᑭᓇᐙᐸᑭᓯ (Nbiish Waabanimikii-Kinawaabakizi), also known legally as JUSTIN PAUL KENWABIKISE, professionally documented as Nbiish-Justin Paul Kenwabikise, Anishinaabek Dodem (Anishinaabe Clan): Animikii (Thunder), a descendant of Chief ᑭᓇᐙᐸᑭᓯ (Kinwaabakizi) of the Beaver Island Band, and an enrolled member of the sovereign Grand Traverse Band of Ottawa and Chippewa Indians (GTBOCI). The sole copyright holder, creator, and owner of the Work.
|
| 122 |
+
|
| 123 |
+
**"Traditional Cultural Expressions (TCEs)":** Any forms, whether tangible or intangible, in which traditional culture and knowledge are expressed, appear, or are manifested, consistent with WIPO frameworks and UNDRIP. **All works created by the Rights Holder are contemporary TCEs** as they derive from lifelong immersion in and stewardship of Anishinaabe traditional ways. Examples include music, dance, songs, ceremonies, symbols, designs, narratives, poetry, languages, performances, rituals, crafts, architecture, and traditional artistic forms.
|
| 124 |
+
|
| 125 |
+
**"Traditional Knowledge (TK)":** The knowledge, innovations, and practices of Indigenous peoples passed down between generations, consistent with WIPO frameworks and UNDRIP. TK is held and expressed by the Rights Holder, developed from lived experience engaging with Anishinaabe culture, environment, and teachings transmitted generationally. **TK inherently informs all Work created under the LICENSE.** It encompasses spiritual, cultural, environmental, and practical knowledge integral to Indigenous identity and survival.
|
| 126 |
+
|
| 127 |
+
**"Total Proceeds":** All forms of monetary and non-monetary value, revenue, compensation, royalties, damages, settlements, recovered property (tangible or intangible), equity, or any other benefit derived directly or indirectly from the exploitation, licensing, use, adaptation, or enforcement of rights related to the Work, Contribution, or any Derivative Work. This includes Mandatory Contributions, licensing fees, damages awarded for infringement or breach, settlement funds, and fair market value of any property or assets received. All Total Proceeds are subject to direct and automatic transfer to the Legacy Beneficiary.
|
| 128 |
+
|
| 129 |
+
**"Legacy Beneficiary":** The specific trust or legal entity designated by the Rights Holder (initially the ᐙᐸᓂᒥᑮ-ᑭᓇᐙᐸᑭᓯ (Waabanimikii-Kinawaabakizi) Legacy Trust) that is the sole authorized recipient of all Mandatory Contributions and Total Proceeds generated under the LICENSE, responsible for managing and distributing such assets for community development, cultural preservation, and Indigenous wealth reclamation.
|
| 130 |
+
|
| 131 |
+
**"Mandatory Contribution":** A calculated, non-negotiable financial obligation arising from specific authorized uses of the Work under the LICENSE, payable directly and automatically to the Legacy Beneficiary as a fundamental condition of such use. Minimum rates: 20% of gross revenues for commercial uses, 30% for AI training/development uses, 25% for patent applications incorporating TK, with scale-based adjustments up to 40% for revenues exceeding $10 million annually.
|
| 132 |
+
|
| 133 |
+
**"Work":** The specific Indigenous creations governed by the LICENSE. **All creations by the Rights Holder inherently constitute TK and TCEs.** The Work explicitly includes any third-party Contributions that are accepted into the Work's official repository and thereby governed by this CONTRIBUTING.md Agreement.
|
| 134 |
+
|
| 135 |
+
### 2.2 Additional Defined Terms
|
| 136 |
+
|
| 137 |
+
**"GTBOCI":** Grand Traverse Band of Ottawa and Chippewa Indians, a federally recognized sovereign tribal nation.
|
| 138 |
+
|
| 139 |
+
**"TK Labels":** Traditional Knowledge Labels from Local Contexts (localcontexts.org) that signify community-specific protocols for the use, sharing, and circulation of TK and TCEs.
|
| 140 |
+
|
| 141 |
+
**"You" or "Contributor":** The individual or legal entity submitting a Contribution to the project. For legal entities, "You" includes any entity that controls, is controlled by, or is under common control with that entity.
|
| 142 |
+
|
| 143 |
+
**"Sacred Site":** A location identified as holding profound spiritual, cultural, ceremonial, or historical significance according to Anishinaabe traditions, laws, or customs, recognized under tribal sovereignty and UNDRIP Article 12.
|
| 144 |
+
|
| 145 |
+
**"Cultural Landscape":** The broader environmental, ecological, and cultural context surrounding and integral to a Sacred Site.
|
| 146 |
+
|
| 147 |
+
---
|
| 148 |
+
|
| 149 |
+
## 3. AGREEMENT TO LICENSE TERMS
|
| 150 |
+
|
| 151 |
+
### 3.1 Full Assent to Project LICENSE
|
| 152 |
+
|
| 153 |
+
By submitting any Contribution (including but not limited to code, documentation, images, data, or other materials) to this project via any mechanism (including but not limited to pull request, issue submission, email, or direct communication), you, on behalf of yourself and any entity you represent, **AGREE** to the following:
|
| 154 |
+
|
| 155 |
+
**a) Complete Acceptance:** You have read, fully understand, and unconditionally agree to be bound by **ALL** terms and conditions of the project's comprehensive **LICENSE** file, without reservation or exception.
|
| 156 |
+
|
| 157 |
+
**b) Integration of Contribution:** You understand that your Contribution will be integrated into the "Work" (as defined in the LICENSE) and will be governed by the LICENSE's comprehensive terms, including but not limited to:
|
| 158 |
+
- Prohibited Uses (LICENSE Section 7)
|
| 159 |
+
- AI Training/Development restrictions (LICENSE Section 7.1)
|
| 160 |
+
- Technology use restrictions and emerging technology prohibitions
|
| 161 |
+
- Indigenous Data Sovereignty requirements (LICENSE Section 4)
|
| 162 |
+
- Prior Informed Consent requirements (LICENSE Section 9)
|
| 163 |
+
- Benefit-sharing obligations (LICENSE Section 6A)
|
| 164 |
+
- Jurisdictional provisions (LICENSE Section 11)
|
| 165 |
+
- Enforcement mechanisms and remedies (LICENSE Section 12)
|
| 166 |
+
- Cultural harm provisions (LICENSE Section 13)
|
| 167 |
+
|
| 168 |
+
**c) LICENSE Supremacy:** You acknowledge that the LICENSE terms are **non-negotiable** and supersede any conflicting terms that might otherwise apply to your Contribution.
|
| 169 |
+
|
| 170 |
+
**d) Binding Effect:** This Agreement, together with the LICENSE, constitutes a binding legal contract enforceable under tribal law, federal law, and international Indigenous rights frameworks.
|
| 171 |
+
|
| 172 |
+
**e) Reference Incorporation:** All provisions of the LICENSE are incorporated into this Agreement by reference as if fully set forth herein. Any conflict between this Agreement and the LICENSE shall be resolved in favor of the LICENSE.
|
| 173 |
+
|
| 174 |
+
### 3.2 Acknowledgment of Legal Framework
|
| 175 |
+
|
| 176 |
+
You explicitly acknowledge and agree that:
|
| 177 |
+
|
| 178 |
+
**a) Tribal Sovereignty:** This project operates under the inherent sovereignty of the Grand Traverse Band of Ottawa and Chippewa Indians and the treaty-protected rights of the Rights Holder.
|
| 179 |
+
|
| 180 |
+
**b) Federal Supremacy:** Federal Indian law, including the constitutional framework established under Article VI, Clause 2, provides enhanced protections that supersede ordinary state law.
|
| 181 |
+
|
| 182 |
+
**c) International Obligations:** This Agreement implements international Indigenous rights protections under UNDRIP, the WIPO Treaty, ILO 169, and the Nagoya Protocol.
|
| 183 |
+
|
| 184 |
+
**d) No State Jurisdiction:** State courts have no jurisdiction over disputes arising from this Agreement or the LICENSE. Any attempt to invoke state jurisdiction violates federal law and subjects you to liquidated damages.
|
| 185 |
+
|
| 186 |
+
**e) Indigenous Data Sovereignty:** All data derived from your Contribution is subject to Indigenous Data Sovereignty principles and the CARE Principles for Indigenous Data Governance.
|
| 187 |
+
|
| 188 |
+
---
|
| 189 |
+
|
| 190 |
+
## 4. CONTRIBUTOR WARRANTIES AND REPRESENTATIONS
|
| 191 |
+
|
| 192 |
+
By submitting a Contribution, you represent and warrant the following to the Rights Holder. These warranties are material inducements upon which the Rights Holder relies in accepting your Contribution. Any breach of these warranties constitutes a material breach of this Agreement triggering all remedies available under this Agreement and the LICENSE.
|
| 193 |
+
|
| 194 |
+
### 4.1 Original Work and Ownership Warranties
|
| 195 |
+
|
| 196 |
+
**a) Original Creation:** Your Contribution is your original creation, and you possess all necessary rights, title, and interest in the Contribution to grant the rights set forth in this Agreement.
|
| 197 |
+
|
| 198 |
+
**b) Full Authority:** You have the full legal right, power, and authority to enter into this Agreement and grant the rights herein, without violating any other agreement, restriction, or obligation.
|
| 199 |
+
|
| 200 |
+
**c) No Conflicting Obligations:** Your Contribution and the granting of rights herein do not and will not:
|
| 201 |
+
- Violate any agreement to which you are a party
|
| 202 |
+
- Violate any confidentiality, non-disclosure, or proprietary rights agreement
|
| 203 |
+
- Breach any fiduciary duty or employment obligation
|
| 204 |
+
- Infringe any third-party intellectual property rights
|
| 205 |
+
- Violate any court order, statute, regulation, or law
|
| 206 |
+
|
| 207 |
+
**d) No Encumbrances:** The Contribution is free and clear of all liens, claims, encumbrances, security interests, and restrictions, other than those expressly created by this Agreement and the LICENSE.
|
| 208 |
+
|
| 209 |
+
**e) Ownership or License:** Either (i) you own all intellectual property rights in the Contribution, or (ii) you have obtained all necessary licenses, permissions, and consents from third parties to grant the rights specified herein.
|
| 210 |
+
|
| 211 |
+
### 4.2 Third-Party Material Disclosure
|
| 212 |
+
|
| 213 |
+
**a) Complete Disclosure:** If your Contribution incorporates any third-party materials, open-source components, or derivative works, you have provided **complete disclosure** of:
|
| 214 |
+
- All such third-party materials and their sources
|
| 215 |
+
- All applicable licenses and their terms
|
| 216 |
+
- All attribution requirements
|
| 217 |
+
- All restrictions or limitations on use
|
| 218 |
+
|
| 219 |
+
**b) License Compatibility:** You represent that any third-party materials incorporated in your Contribution are licensed under terms **compatible with and subordinate to** the project LICENSE.
|
| 220 |
+
|
| 221 |
+
**c) No License Laundering:** You warrant that your Contribution is not an attempt to "launder" content from incompatible licenses (e.g., GPL, copyleft licenses, commercial licenses) or to circumvent restrictions on prohibited content.
|
| 222 |
+
|
| 223 |
+
**d) No Third-Party TK Without Authorization:** Your Contribution does not incorporate Traditional Knowledge, Traditional Cultural Expressions, or cultural heritage from other Indigenous peoples, communities, or knowledge holders without their explicit authorization, proper attribution, and compliance with their cultural protocols.
|
| 224 |
+
|
| 225 |
+
### 4.3 Technology Source Warranties
|
| 226 |
+
|
| 227 |
+
**a) No Prohibited AI Creation:** You represent and warrant that your Contribution was **NOT** created, in whole or in part, using:
|
| 228 |
+
- AI systems trained on data from prohibited sources
|
| 229 |
+
- Large language models (LLMs) without explicit authorization from the Rights Holder
|
| 230 |
+
- AI code generation tools (e.g., GitHub Copilot, Amazon CodeWhisperer, etc.) unless explicitly permitted under Prior Informed Consent
|
| 231 |
+
- Any AI training or development process that would violate the LICENSE Section 7.1
|
| 232 |
+
|
| 233 |
+
**b) AI Assistance Disclosure:** If any AI tool was used in creating your Contribution with proper authorization, you must:
|
| 234 |
+
- Disclose the specific AI system(s) used
|
| 235 |
+
- Provide documentation of authorization from the Rights Holder
|
| 236 |
+
- Identify which portions of the Contribution involved AI assistance
|
| 237 |
+
- Certify that the AI system was not trained on data that violates the LICENSE
|
| 238 |
+
|
| 239 |
+
**c) Compliance with AI Prohibitions:** You warrant full compliance with the LICENSE Section 7.1 AI Training Prohibition and the 9-theory legal framework supporting it (COPYRIGHT, CFAA, CONTRACT, DTSA, TK MISAPPROPRIATION, TRIBAL SOVEREIGNTY, IACA, INTERNATIONAL LAW, CUMULATIVE THEORIES).
|
| 240 |
+
|
| 241 |
+
**d) No Blockchain/Crypto Source Without Authorization:** If your Contribution relates to blockchain, cryptocurrency, NFT, or distributed ledger technologies, you warrant compliance with LICENSE Section 9.4 restrictions and have obtained explicit Prior Informed Consent where required.
|
| 242 |
+
|
| 243 |
+
**e) No Scraping or Automated Extraction:** You warrant that your Contribution was not created through web scraping, data mining, automated extraction, or other methods that violate the LICENSE Section 7(i) prohibitions.
|
| 244 |
+
|
| 245 |
+
### 4.4 Cultural Sensitivity and Indigenous Rights Warranties
|
| 246 |
+
|
| 247 |
+
**a) Cultural Respect:** Your Contribution does not:
|
| 248 |
+
- Misappropriate, misrepresent, distort, or decontextualize Indigenous cultural expressions
|
| 249 |
+
- Promote harmful stereotypes or disrespectful representations of Indigenous peoples
|
| 250 |
+
- Trivialize sacred ceremonies, spiritual practices, or historical trauma
|
| 251 |
+
- Violate cultural protocols or traditional laws of any Indigenous community
|
| 252 |
+
|
| 253 |
+
**b) No Desecration or Sacred Site Violations:** Your Contribution does not:
|
| 254 |
+
- Facilitate unauthorized access to Sacred Sites
|
| 255 |
+
- Disclose sensitive location data for Sacred Sites or burial grounds
|
| 256 |
+
- Violate the protections for the Beaver Island stone circle or Garden Island burial grounds specified in LICENSE Section 10.10.3
|
| 257 |
+
|
| 258 |
+
**c) Indigenous Data Sovereignty Compliance:** You warrant compliance with Indigenous Data Sovereignty principles and CARE Principles in creating your Contribution.
|
| 259 |
+
|
| 260 |
+
**d) Rights Holder's TK/TCE Authority:** You acknowledge and agree that:
|
| 261 |
+
- The Rights Holder has sole authority to determine the TK and TCE status of all Work
|
| 262 |
+
- All Work created by the Rights Holder inherently constitutes contemporary TK and TCEs
|
| 263 |
+
- Your Contribution becomes subject to these characterizations upon integration into the Work
|
| 264 |
+
|
| 265 |
+
**e) No Exploitation:** Your Contribution does not and will not facilitate any use that could harm, exploit, or disadvantage GTBOCI, its members, knowledge systems, cultural practices, or resources.
|
| 266 |
+
|
| 267 |
+
### 4.5 Compliance and Legal Warranties
|
| 268 |
+
|
| 269 |
+
**a) No Legal Violations:** Your Contribution does not violate any applicable law, statute, regulation, ordinance, treaty, or international agreement.
|
| 270 |
+
|
| 271 |
+
**b) Export Control Compliance:** Your Contribution complies with all applicable export control laws, sanctions regulations, and trade restrictions (e.g., U.S. ITAR, EAR, OFAC sanctions).
|
| 272 |
+
|
| 273 |
+
**c) No Criminal Conduct:** Your Contribution was not created through any illegal means, does not incorporate illegally obtained materials, and does not facilitate criminal activity.
|
| 274 |
+
|
| 275 |
+
**d) Privacy Law Compliance:** Your Contribution complies with all applicable privacy laws (e.g., GDPR, CCPA, PIPEDA) and does not incorporate personal data without proper consent and legal basis.
|
| 276 |
+
|
| 277 |
+
**e) Accessibility:** If your Contribution includes user-facing content or interfaces, you have made reasonable efforts to ensure accessibility compliance.
|
| 278 |
+
|
| 279 |
+
### 4.6 Continuing Warranties
|
| 280 |
+
|
| 281 |
+
These warranties are **continuing warranties** that survive submission of your Contribution. You have an ongoing duty to:
|
| 282 |
+
|
| 283 |
+
**a) Update Disclosures:** Promptly notify the Rights Holder if you discover any inaccuracy or breach of your warranties.
|
| 284 |
+
|
| 285 |
+
**b) Correct Defects:** Take reasonable steps to correct any defects, errors, or breaches you discover.
|
| 286 |
+
|
| 287 |
+
**c) Cooperate:** Cooperate with any investigations or inquiries regarding your Contribution.
|
| 288 |
+
|
| 289 |
+
**d) Maintain Records:** Retain all records relating to the creation and sources of your Contribution for a minimum of seven (7) years.
|
| 290 |
+
|
| 291 |
+
### 4.7 Consequences of Breach
|
| 292 |
+
|
| 293 |
+
Breach of any warranty in this Section 4 constitutes a material breach of this Agreement and triggers:
|
| 294 |
+
|
| 295 |
+
- Immediate termination of all rights granted herein
|
| 296 |
+
- Removal of your Contribution from the Work
|
| 297 |
+
- Liability for all damages, losses, and costs incurred by the Rights Holder
|
| 298 |
+
- Full indemnification obligations under Section 11
|
| 299 |
+
- All remedies available under Section 9 and the LICENSE
|
| 300 |
+
- Potential criminal liability under IACA, CFAA, or other applicable laws
|
| 301 |
+
|
| 302 |
+
---
|
| 303 |
+
|
| 304 |
+
## 5. GRANT OF CONDITIONAL RIGHTS
|
| 305 |
+
|
| 306 |
+
### 5.1 Nature of Grant
|
| 307 |
+
|
| 308 |
+
Subject to and conditioned upon your ongoing compliance with all terms of this Agreement and the LICENSE, you hereby grant to the Rights Holder a perpetual, worldwide, **non-exclusive**, **conditional**, **revocable**, no-charge, royalty-free license to:
|
| 309 |
+
|
| 310 |
+
**a) Use, reproduce, and prepare derivative works of your Contribution;**
|
| 311 |
+
|
| 312 |
+
**b) Publicly display, publicly perform, and distribute your Contribution and derivative works thereof;**
|
| 313 |
+
|
| 314 |
+
**c) Incorporate your Contribution into the Work and any derivative works thereof;**
|
| 315 |
+
|
| 316 |
+
**d) Sublicense the foregoing rights solely to parties who have executed binding agreements to comply with all LICENSE terms and conditions.**
|
| 317 |
+
|
| 318 |
+
### 5.2 Explicit Limitations on Grant
|
| 319 |
+
|
| 320 |
+
This grant is subject to the following **explicit limitations**:
|
| 321 |
+
|
| 322 |
+
**a) License Governed:** All rights granted are explicitly subject to and governed by the comprehensive terms and conditions of the LICENSE. The LICENSE terms apply to your Contribution as if it were originally created by the Rights Holder.
|
| 323 |
+
|
| 324 |
+
**b) No Work-For-Hire:** This Agreement does NOT constitute a work-for-hire arrangement under 17 U.S.C. § 101. You are not an employee or agent of the Rights Holder. Your Contribution is voluntarily contributed, not commissioned.
|
| 325 |
+
|
| 326 |
+
**c) No Sublicensing Rights (Except as Permitted):** You grant NO right to sublicense except as explicitly permitted under the LICENSE (i.e., only to parties who comply with LICENSE terms). This is a narrow sublicensing right strictly limited by LICENSE compliance.
|
| 327 |
+
|
| 328 |
+
**d) No Transfer of Sovereignty:** This grant does NOT transfer any sovereignty, cultural authority, or rights of determination over TK/TCE status. The Rights Holder retains ultimate control over all Work incorporating your Contribution.
|
| 329 |
+
|
| 330 |
+
**e) Rights Holder Control:** The Rights Holder retains complete discretion to:
|
| 331 |
+
- Accept or reject your Contribution
|
| 332 |
+
- Modify, adapt, or alter your Contribution
|
| 333 |
+
- Remove your Contribution from the Work at any time
|
| 334 |
+
- Determine how your Contribution is used, displayed, or distributed
|
| 335 |
+
- Characterize your Contribution as TK or TCE
|
| 336 |
+
|
| 337 |
+
**f) Grant to Rights Holder Only:** Rights are granted exclusively to the Rights Holder, NOT to other contributors, users, or third parties.
|
| 338 |
+
|
| 339 |
+
**g) No Co-Ownership:** You acquire NO ownership interest in the Work. This is not a joint work under copyright law. You have no claims to co-authorship, joint ownership, or shared rights.
|
| 340 |
+
|
| 341 |
+
### 5.3 Revocability and Termination
|
| 342 |
+
|
| 343 |
+
The rights granted herein are **revocable** and **automatically terminate** upon:
|
| 344 |
+
|
| 345 |
+
**a) Material Breach:** Any material breach of this Agreement or the LICENSE by you.
|
| 346 |
+
|
| 347 |
+
**b) LICENSE Violations:** Any violation of LICENSE terms by you or anyone claiming rights through you.
|
| 348 |
+
|
| 349 |
+
**c) Warranty Breach:** Any breach of warranties in Section 4.
|
| 350 |
+
|
| 351 |
+
**d) Rights Holder Discretion:** The Rights Holder's exercise of their right to terminate for cause under LICENSE Section 5.
|
| 352 |
+
|
| 353 |
+
**e) Cultural Violations:** Any violation of cultural protocols, TK Labels, or Indigenous Data Sovereignty requirements.
|
| 354 |
+
|
| 355 |
+
**f) Automatic Termination:** Termination is automatic upon occurrence of any triggering event, without need for notice (though notice may be provided as a courtesy).
|
| 356 |
+
|
| 357 |
+
**g) Effect of Termination:** Upon termination:
|
| 358 |
+
- All rights granted herein immediately revert to you
|
| 359 |
+
- You must cease all use of the Work
|
| 360 |
+
- The Rights Holder may remove your Contribution from the Work
|
| 361 |
+
- You remain liable for all obligations that accrued prior to termination
|
| 362 |
+
- Sections 4 (Warranties), 9 (Remedies), 10 (Patents), 11 (Indemnification), and 12 (Additional Provisions) survive termination
|
| 363 |
+
|
| 364 |
+
### 5.4 Reservation of Rights
|
| 365 |
+
|
| 366 |
+
**a) Contributor Retains Rights:** You retain all rights not explicitly granted herein, including the right to use your Contribution in other projects, subject to the warranties in Section 4.
|
| 367 |
+
|
| 368 |
+
**b) Rights Holder Retains Ultimate Control:** The Rights Holder retains all rights to the Work and ultimate authority over:
|
| 369 |
+
- TK and TCE determinations
|
| 370 |
+
- Cultural protocol establishment
|
| 371 |
+
- Tribal sovereignty assertions
|
| 372 |
+
- Enforcement decisions
|
| 373 |
+
- Licensing to third parties
|
| 374 |
+
|
| 375 |
+
**c) No Implied Licenses:** No implied licenses are granted. All rights must be explicitly stated in writing.
|
| 376 |
+
|
| 377 |
+
### 5.5 Moral Rights
|
| 378 |
+
|
| 379 |
+
**a) Moral Rights Recognition:** To the extent permitted by law, you retain your moral rights of attribution and integrity in your Contribution.
|
| 380 |
+
|
| 381 |
+
**b) Attribution Commitment:** The Rights Holder will make reasonable efforts to maintain attribution to you for your Contribution, consistent with standard practices.
|
| 382 |
+
|
| 383 |
+
**c) Waiver for Integrity:** You waive moral rights to the extent necessary to permit the Rights Holder to modify, adapt, and integrate your Contribution into the Work, and to enforce LICENSE restrictions.
|
| 384 |
+
|
| 385 |
+
**d) No Prejudice to Indigenous Moral Rights:** Nothing herein diminishes the moral rights of the Rights Holder in the overall Work or in any TK or TCEs embodied therein.
|
| 386 |
+
|
| 387 |
+
---
|
| 388 |
+
|
| 389 |
+
## 6. TECHNOLOGY USE RESTRICTIONS AND PROHIBITIONS
|
| 390 |
+
|
| 391 |
+
Your Contribution and any use thereof are subject to all technology restrictions in the LICENSE. You acknowledge, understand, and agree to the following:
|
| 392 |
+
|
| 393 |
+
### 6.1 Absolute AI Training and Development Prohibition
|
| 394 |
+
|
| 395 |
+
**a) Core Prohibition:** Your Contribution, once integrated into the Work, shall NOT be used to train, develop, improve, or enhance any artificial intelligence system, machine learning model, neural network, large language model, or algorithmic system without explicit Prior Informed Consent from the Rights Holder (LICENSE Section 7.1).
|
| 396 |
+
|
| 397 |
+
**b) Nine-Theory Legal Framework:** You acknowledge that the AI training prohibition is supported by NINE independent and cumulative legal theories, each providing a distinct basis for liability:
|
| 398 |
+
|
| 399 |
+
1. **Copyright Infringement** (17 U.S.C. § 101 et seq.) - Based on *Thomson Reuters v. Ross Intelligence* precedent
|
| 400 |
+
2. **Computer Fraud and Abuse Act** (18 U.S.C. § 1030) - Unauthorized access violations
|
| 401 |
+
3. **Breach of Contract** (Extra elements doctrine) - Contractual prohibitions with non-copyright elements
|
| 402 |
+
4. **Trade Secret Misappropriation** (18 U.S.C. § 1836 - DTSA) - For non-public aspects
|
| 403 |
+
5. **Traditional Knowledge Misappropriation** (Sui generis protection) - Indigenous IP protection
|
| 404 |
+
6. **Tribal Sovereignty Violations** - Federal Indian law protections
|
| 405 |
+
7. **Indian Arts and Crafts Act** (25 U.S.C. § 305) - Federal criminal and civil penalties
|
| 406 |
+
8. **International Law Violations** (UNDRIP, WIPO Treaty) - International Indigenous rights
|
| 407 |
+
9. **Cumulative Theories Doctrine** - Multiple independent bases for relief
|
| 408 |
+
|
| 409 |
+
**c) Graduated Liquidated Damages:** AI training violations trigger graduated liquidated damages (in addition to all other remedies):
|
| 410 |
+
|
| 411 |
+
- **Tier 1 - Individual/Academic:** $50,000
|
| 412 |
+
- **Tier 2 - Startup/Small Entity (< $10M revenue):** $250,000
|
| 413 |
+
- **Tier 3 - Mid-Size Entity ($10M-$100M revenue):** $1,000,000
|
| 414 |
+
- **Tier 4 - Large Entity ($100M-$1B revenue):** $2,000,000
|
| 415 |
+
- **Tier 5 - Major Tech Company (> $1B revenue):** $5,000,000+
|
| 416 |
+
|
| 417 |
+
**Plus:**
|
| 418 |
+
- Revenue-based multipliers (1.5x to 3.0x based on AI product revenue)
|
| 419 |
+
- Cultural harm multipliers (1.5x to 3.0x for sacred content)
|
| 420 |
+
- Willfulness enhancement (additional 50-100%)
|
| 421 |
+
|
| 422 |
+
**d) Model Destruction Requirements:** AI training violators must:
|
| 423 |
+
- Permanently delete all trained models incorporating the Work
|
| 424 |
+
- Remove Work from all training datasets
|
| 425 |
+
- Provide technical verification of deletion
|
| 426 |
+
- Implement preventive measures against re-incorporation
|
| 427 |
+
- Submit to ongoing monitoring (12-24 months)
|
| 428 |
+
|
| 429 |
+
**e) Your Obligation:** You shall not facilitate, enable, or permit AI training on your Contribution or the Work.
|
| 430 |
+
|
| 431 |
+
### 6.2 Emerging Technology Restrictions
|
| 432 |
+
|
| 433 |
+
Your Contribution is subject to LICENSE Section 7 restrictions on:
|
| 434 |
+
|
| 435 |
+
**a) Blockchain and NFTs:** Restrictions on minting, tokenizing, or incorporating Work into blockchain systems without PIC (LICENSE Section 9.4).
|
| 436 |
+
|
| 437 |
+
**b) Biometric Technologies:** Prohibition on facial recognition, voice recognition, gait analysis, or other biometric identification technologies using the Work without PIC.
|
| 438 |
+
|
| 439 |
+
**c) Autonomous Systems:** Restrictions on use in unmanned aerial systems (UAS), autonomous vehicles, robots, or drones, except for authorized Sacred Site monitoring (LICENSE Section 8(g)).
|
| 440 |
+
|
| 441 |
+
**d) Quantum Computing:** Prohibition on using quantum computing systems to break encryption, security, or access controls protecting the Work.
|
| 442 |
+
|
| 443 |
+
**e) Brain-Computer Interfaces:** Prohibition on incorporating Work into neural interfaces, brain-reading technologies, or thought-pattern recognition systems.
|
| 444 |
+
|
| 445 |
+
**f) Virtual/Augmented Reality:** Restrictions on recreating Sacred Sites, cultural ceremonies, or sensitive content in VR/AR/metaverse environments without PIC.
|
| 446 |
+
|
| 447 |
+
**g) Surveillance Technologies:** Prohibition on military, law enforcement, or government surveillance applications without explicit PIC.
|
| 448 |
+
|
| 449 |
+
**h) Deepfakes and Synthetic Media:** Prohibition on creating deepfakes, synthetic media, or manipulated content using the Work or likeness of the Rights Holder.
|
| 450 |
+
|
| 451 |
+
### 6.3 Data Sovereignty and Security Requirements
|
| 452 |
+
|
| 453 |
+
**a) Four-Level Data Classification:** All data derived from your Contribution must be classified and protected according to LICENSE Section 4.2A:
|
| 454 |
+
|
| 455 |
+
- **Level 1 - Public:** Attribution-only requirement
|
| 456 |
+
- **Level 2 - Limited Access:** Requires PIC; AES-256 encryption; access controls
|
| 457 |
+
- **Level 3 - Restricted:** Community-specific TK; strong security; limited personnel access
|
| 458 |
+
- **Level 4 - Sacred/Highly Sensitive:** Maximum security; encryption at rest and in transit; air-gapped storage for most sensitive
|
| 459 |
+
|
| 460 |
+
**b) Encryption Standards:** Minimum AES-256 encryption for Level 2+ data; TLS 1.3+ for data in transit.
|
| 461 |
+
|
| 462 |
+
**c) Access Controls:** Role-based access control (RBAC); multi-factor authentication (MFA) for Level 3+; biometric authentication for Level 4.
|
| 463 |
+
|
| 464 |
+
**d) Audit Logging:** Comprehensive logging of all data access, modification, and disclosure; logs retained for minimum 7 years.
|
| 465 |
+
|
| 466 |
+
**e) CARE Principles Compliance:** All data governance must comply with CARE Principles (Collective benefit, Authority to control, Responsibility, Ethics).
|
| 467 |
+
|
| 468 |
+
**f) Indigenous Data Governance Committee:** Major data uses subject to oversight by Indigenous Data Governance Committee (LICENSE Section 4.2A).
|
| 469 |
+
|
| 470 |
+
### 6.4 Prohibited Uses
|
| 471 |
+
|
| 472 |
+
Your Contribution shall NOT be used for (LICENSE Section 7):
|
| 473 |
+
|
| 474 |
+
**a) Military/Weaponry:** Military applications, weapons development, surveillance technologies.
|
| 475 |
+
|
| 476 |
+
**b) Cultural Appropriation:** Uses that promote cultural appropriation, harmful stereotypes, or disrespectful representations.
|
| 477 |
+
|
| 478 |
+
**c) Disrespectful Contexts:** Pornography, hate speech, incitement to violence, content trivializing trauma.
|
| 479 |
+
|
| 480 |
+
**d) Violation of Tribal Values:** Any use contrary to traditional values, customs, or laws of GTBOCI.
|
| 481 |
+
|
| 482 |
+
**e) Unauthorized Data Extraction:** Data mining, text mining, web scraping, automated extraction without PIC.
|
| 483 |
+
|
| 484 |
+
**f) Sacred Site Violations:** Unauthorized access, disturbance, disclosure of Sacred Sites (Beaver Island stone circle, Garden Island burial grounds).
|
| 485 |
+
|
| 486 |
+
### 6.5 Compliance Obligations
|
| 487 |
+
|
| 488 |
+
You agree to:
|
| 489 |
+
|
| 490 |
+
**a) Monitor:** Monitor uses of your Contribution to ensure compliance with these restrictions.
|
| 491 |
+
|
| 492 |
+
**b) Report:** Immediately report to the Rights Holder any violations you discover.
|
| 493 |
+
|
| 494 |
+
**c) Cease:** Immediately cease any use that violates these restrictions upon request from the Rights Holder.
|
| 495 |
+
|
| 496 |
+
**d) Cooperate:** Cooperate with enforcement actions against violators.
|
| 497 |
+
|
| 498 |
+
**e) Implement:** Implement reasonable technical and administrative measures to prevent violations.
|
| 499 |
+
|
| 500 |
+
---
|
| 501 |
+
|
| 502 |
+
## 7. BENEFIT-SHARING AND FINANCIAL OBLIGATIONS
|
| 503 |
+
|
| 504 |
+
### 7.1 Acknowledgment of Benefit-Sharing Framework
|
| 505 |
+
|
| 506 |
+
You acknowledge and agree that the Work operates under a comprehensive benefit-sharing framework designed for **Indigenous wealth reclamation** (LICENSE Section 6A). This framework ensures that value derived from Indigenous knowledge and cultural expressions is redirected to Indigenous communities.
|
| 507 |
+
|
| 508 |
+
### 7.2 Mandatory Contribution Rates
|
| 509 |
+
|
| 510 |
+
If any use of the Work (including your Contribution) generates revenue, the following **Mandatory Contribution** rates apply (LICENSE Section 6A.1):
|
| 511 |
+
|
| 512 |
+
**a) Commercial Uses:** Minimum 20% of gross revenues
|
| 513 |
+
|
| 514 |
+
**b) AI Training/Development Uses:** 30% of gross revenues (if authorized by PIC)
|
| 515 |
+
|
| 516 |
+
**c) Patent Applications Incorporating TK:** 25% of patent-related revenues
|
| 517 |
+
|
| 518 |
+
**d) Scale-Based Adjustments:**
|
| 519 |
+
- 35% for revenues exceeding $1 million annually
|
| 520 |
+
- 40% for revenues exceeding $10 million annually
|
| 521 |
+
|
| 522 |
+
**e) Revenue-Based Multipliers:**
|
| 523 |
+
- 1.5x multiplier for $1M-$10M in AI product revenue
|
| 524 |
+
- 2.0x multiplier for $10M-$100M in AI product revenue
|
| 525 |
+
- 2.5x multiplier for $100M-$1B in AI product revenue
|
| 526 |
+
- 3.0x multiplier for > $1B in AI product revenue
|
| 527 |
+
|
| 528 |
+
### 7.3 Direct Payment to Legacy Beneficiary
|
| 529 |
+
|
| 530 |
+
All Mandatory Contributions and Total Proceeds must be paid **directly to the Legacy Beneficiary** (LICENSE Section 6A.3):
|
| 531 |
+
|
| 532 |
+
**a) Payment Deadline:** Within 30 days of revenue receipt
|
| 533 |
+
|
| 534 |
+
**b) Automatic Collection:** Users consent to automatic payment systems (direct bank transfers, escrow, smart contracts)
|
| 535 |
+
|
| 536 |
+
**c) Security Interest:** Rights Holder and Legacy Beneficiary have first-priority security interest in all revenues derived from the Work
|
| 537 |
+
|
| 538 |
+
**d) Late Payment Penalties:**
|
| 539 |
+
- 18% annual interest on late payments
|
| 540 |
+
- Additional penalty of 50% of outstanding amount
|
| 541 |
+
- Asset recovery rights (attachment, garnishment, seizure)
|
| 542 |
+
|
| 543 |
+
### 7.4 Contributor Has No Claim to Payments
|
| 544 |
+
|
| 545 |
+
You **explicitly acknowledge and agree** that:
|
| 546 |
+
|
| 547 |
+
**a) No Revenue Sharing:** You have NO claim to any Mandatory Contributions, Total Proceeds, licensing fees, royalties, damages, settlements, or other payments arising from the Work.
|
| 548 |
+
|
| 549 |
+
**b) Direct to Legacy Beneficiary:** All such payments flow directly to the Legacy Beneficiary for community development, cultural preservation, language revitalization, educational programs, elder support, and tribal economic sovereignty.
|
| 550 |
+
|
| 551 |
+
**c) Wealth Reclamation Purpose:** You support and affirm the Indigenous wealth reclamation purpose of this benefit-sharing framework.
|
| 552 |
+
|
| 553 |
+
**d) No Unjust Enrichment Claims:** You waive any claims of unjust enrichment, quantum meruit, or similar equitable claims based on commercial success of the Work.
|
| 554 |
+
|
| 555 |
+
### 7.5 Non-Monetary Contributions
|
| 556 |
+
|
| 557 |
+
In addition to monetary Mandatory Contributions, authorized users may be required to provide non-monetary benefits (LICENSE Section 6A.1(c)):
|
| 558 |
+
|
| 559 |
+
- Technology transfer
|
| 560 |
+
- Capacity building
|
| 561 |
+
- Research collaboration
|
| 562 |
+
- Educational access
|
| 563 |
+
- Community infrastructure support
|
| 564 |
+
|
| 565 |
+
You acknowledge that these non-monetary contributions benefit Indigenous communities and support self-determination.
|
| 566 |
+
|
| 567 |
+
### 7.6 Reporting and Transparency
|
| 568 |
+
|
| 569 |
+
If you use the Work (including your Contribution) in any revenue-generating capacity:
|
| 570 |
+
|
| 571 |
+
**a) Quarterly Reports:** Provide quarterly financial reports to Legacy Beneficiary detailing all revenues and benefits derived from the Work.
|
| 572 |
+
|
| 573 |
+
**b) Audit Rights:** Submit to audit by Rights Holder or Legacy Beneficiary to verify compliance with payment obligations.
|
| 574 |
+
|
| 575 |
+
**c) Record Retention:** Maintain detailed financial records for minimum of seven (7) years.
|
| 576 |
+
|
| 577 |
+
---
|
| 578 |
+
|
| 579 |
+
## 8. JURISDICTION, FORUM SELECTION, AND CHOICE OF LAW
|
| 580 |
+
|
| 581 |
+
### 8.1 Exclusive Tribal Court Jurisdiction
|
| 582 |
+
|
| 583 |
+
You **explicitly consent** to the **exclusive jurisdiction** of the **Grand Traverse Band of Ottawa and Chippewa Indians tribal courts** for all disputes arising from or related to this Agreement, your Contribution, or the LICENSE (LICENSE Section 11).
|
| 584 |
+
|
| 585 |
+
**a) Primary Jurisdiction:** GTBOCI tribal courts have primary and preferred jurisdiction.
|
| 586 |
+
|
| 587 |
+
**b) Tribal Court Expertise:** Tribal courts have specialized expertise in Indigenous law, TK protection, tribal sovereignty, and cultural matters.
|
| 588 |
+
|
| 589 |
+
**c) Federal Jurisdiction (Alternative):** For federal question jurisdiction under 28 U.S.C. § 1331 (federal Indian law) or § 1362 (special Indian jurisdictional statute), disputes may be brought in U.S. federal court.
|
| 590 |
+
|
| 591 |
+
**d) International Forums:** For international treaty violations:
|
| 592 |
+
- UN Permanent Forum on Indigenous Issues (UNPFII)
|
| 593 |
+
- WIPO Arbitration and Mediation Center
|
| 594 |
+
- Inter-American Commission on Human Rights (IACHR)
|
| 595 |
+
|
| 596 |
+
**e) ABSOLUTE PROHIBITION on State Court Jurisdiction:** State courts have NO jurisdiction over disputes arising from this Agreement or the LICENSE. Any state court filing violates federal law and tribal sovereignty.
|
| 597 |
+
|
| 598 |
+
### 8.2 Forum Selection Clause
|
| 599 |
+
|
| 600 |
+
By submitting a Contribution, you **irrevocably agree** that:
|
| 601 |
+
|
| 602 |
+
**a) Tribal Forum Selection:** All disputes shall be adjudicated in GTBOCI tribal courts or, at Rights Holder's election, U.S. federal court with federal question jurisdiction or international Indigenous rights forums.
|
| 603 |
+
|
| 604 |
+
**b) Personal Jurisdiction Consent:** You consent to the personal jurisdiction of tribal courts and federal courts over you for all matters arising from this Agreement.
|
| 605 |
+
|
| 606 |
+
**c) Waiver of Jurisdictional Defenses:** You waive all defenses based on lack of personal jurisdiction, improper venue, or forum non conveniens.
|
| 607 |
+
|
| 608 |
+
**d) No Challenge:** You agree not to challenge the jurisdiction, venue, or authority of tribal courts or federal courts (when properly invoked) to adjudicate disputes.
|
| 609 |
+
|
| 610 |
+
### 8.3 Liquidated Damages for Improper Forum Selection
|
| 611 |
+
|
| 612 |
+
If you initiate proceedings in **any state court** in violation of this forum selection clause (LICENSE Section 11.8):
|
| 613 |
+
|
| 614 |
+
**a) Individual Violator:** $50,000 liquidated damages
|
| 615 |
+
|
| 616 |
+
**b) Small Entity (< $10M revenue):** $100,000 liquidated damages
|
| 617 |
+
|
| 618 |
+
**c) Large Entity (> $10M revenue):** $250,000 liquidated damages
|
| 619 |
+
|
| 620 |
+
**d) Plus:** All costs of removal to proper forum, attorney's fees, and delay damages
|
| 621 |
+
|
| 622 |
+
**e) Rationale:** These damages compensate for sovereignty violations, federal law violations, litigation costs, delay, and deterrence.
|
| 623 |
+
|
| 624 |
+
### 8.4 Choice of Law
|
| 625 |
+
|
| 626 |
+
This Agreement and all disputes arising hereunder are governed by (LICENSE Section 11):
|
| 627 |
+
|
| 628 |
+
**a) Tribal Law:** Grand Traverse Band of Ottawa and Chippewa Indians tribal law and custom (primary)
|
| 629 |
+
|
| 630 |
+
**b) Federal Indian Law:** Federal Indian law, including treaty law, constitutional law (Article VI, Clause 2), and comprehensive Indian affairs statutes
|
| 631 |
+
|
| 632 |
+
**c) International Indigenous Rights Law:**
|
| 633 |
+
- UN Declaration on the Rights of Indigenous Peoples (UNDRIP)
|
| 634 |
+
- WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge
|
| 635 |
+
- ILO Convention 169
|
| 636 |
+
- Nagoya Protocol
|
| 637 |
+
|
| 638 |
+
**d) Federal Law (Limited):** U.S. federal law for federal question jurisdiction (e.g., copyright, CFAA, DTSA, IACA)
|
| 639 |
+
|
| 640 |
+
**e) State Law Rejected:** State law is **expressly rejected** and preempted by federal Indian law and tribal law.
|
| 641 |
+
|
| 642 |
+
**f) Indian Canons of Construction:** All ambiguities shall be construed liberally in favor of the tribe and the Rights Holder (Indian canons of construction).
|
| 643 |
+
|
| 644 |
+
### 8.5 Service of Process
|
| 645 |
+
|
| 646 |
+
You consent to service of process via:
|
| 647 |
+
|
| 648 |
+
**a) Electronic Service:** Email to last known email address
|
| 649 |
+
|
| 650 |
+
**b) Repository Service:** Notice via issue or pull request in the project repository
|
| 651 |
+
|
| 652 |
+
**c) Traditional Service:** Personal service or certified mail to last known address
|
| 653 |
+
|
| 654 |
+
**d) Obligation to Appear:** You agree to appear in tribal court or other properly invoked forum within 30 days of service.
|
| 655 |
+
|
| 656 |
+
### 8.6 Enforcement of Tribal Court Judgments
|
| 657 |
+
|
| 658 |
+
You acknowledge that:
|
| 659 |
+
|
| 660 |
+
**a) Full Faith and Credit:** Tribal court judgments are entitled to full faith and credit in federal courts under 25 U.S.C. § 1911(d) (by analogy) and principles of comity.
|
| 661 |
+
|
| 662 |
+
**b) Federal Enforcement:** Tribal court judgments may be enforced in federal district courts.
|
| 663 |
+
|
| 664 |
+
**c) International Recognition:** Tribal court judgments consistent with international Indigenous rights frameworks may be recognized in international forums.
|
| 665 |
+
|
| 666 |
+
**d) No Collateral Attack:** You waive any right to collaterally attack tribal court jurisdiction or judgments in subsequent proceedings.
|
| 667 |
+
|
| 668 |
+
---
|
| 669 |
+
|
| 670 |
+
## 9. ENFORCEMENT MECHANISMS AND REMEDIES
|
| 671 |
+
|
| 672 |
+
### 9.1 Cumulative Remedies
|
| 673 |
+
|
| 674 |
+
You acknowledge that violations of this Agreement or the LICENSE expose you to **cumulative remedies** across multiple legal theories. These remedies are additive, not alternative (LICENSE Section 12):
|
| 675 |
+
|
| 676 |
+
**a) Contractual Remedies:**
|
| 677 |
+
- Liquidated damages (graduated by violation type and entity size)
|
| 678 |
+
- Actual damages (economic harm)
|
| 679 |
+
- Specific performance
|
| 680 |
+
- Injunctive relief (preliminary and permanent)
|
| 681 |
+
|
| 682 |
+
**b) Copyright Remedies (17 U.S.C. § 504):**
|
| 683 |
+
- Statutory damages: $750-$30,000 per work
|
| 684 |
+
- Willful infringement: up to $150,000 per work
|
| 685 |
+
- Actual damages and profits
|
| 686 |
+
- Impoundment and destruction of infringing materials
|
| 687 |
+
|
| 688 |
+
**c) Computer Fraud and Abuse Act (18 U.S.C. § 1030):**
|
| 689 |
+
- Civil remedies under § 1030(g)
|
| 690 |
+
- Compensatory damages
|
| 691 |
+
- Injunctive relief
|
| 692 |
+
- Criminal prosecution (fines and imprisonment up to 10 years)
|
| 693 |
+
|
| 694 |
+
**d) Defend Trade Secrets Act (18 U.S.C. § 1836):**
|
| 695 |
+
- Actual damages
|
| 696 |
+
- Exemplary damages up to 2x actual damages
|
| 697 |
+
- Attorney's fees for willful misappropriation
|
| 698 |
+
- Seizure orders
|
| 699 |
+
|
| 700 |
+
**e) Indian Arts and Crafts Act (25 U.S.C. § 305):**
|
| 701 |
+
- Civil penalties: up to $250,000 per violation (individuals), $1,000,000 (entities)
|
| 702 |
+
- Criminal penalties: fines up to $1,000,000 and imprisonment up to 15 years for repeat offenders
|
| 703 |
+
- Treble damages
|
| 704 |
+
|
| 705 |
+
**f) Tribal Law Remedies:**
|
| 706 |
+
- Sovereign remedies determined by tribal court
|
| 707 |
+
- Exclusion from tribal lands
|
| 708 |
+
- Banishment from tribal territories
|
| 709 |
+
- Restitution and repatriation
|
| 710 |
+
|
| 711 |
+
**g) Cultural Harm Damages (LICENSE Section 13):**
|
| 712 |
+
- Spiritual injury damages
|
| 713 |
+
- Reputational harm damages
|
| 714 |
+
- Community impact damages
|
| 715 |
+
- Cultural degradation damages
|
| 716 |
+
- Intergenerational harm damages
|
| 717 |
+
|
| 718 |
+
**h) Benefit-Sharing Restitution (LICENSE Section 6A):**
|
| 719 |
+
- Disgorgement of all profits and revenues
|
| 720 |
+
- Mandatory Contributions calculated retroactively
|
| 721 |
+
- Interest at 18% per annum
|
| 722 |
+
|
| 723 |
+
**i) Attorney's Fees and Costs:**
|
| 724 |
+
- Prevailing Rights Holder entitled to full attorney's fees
|
| 725 |
+
- Expert witness fees
|
| 726 |
+
- Investigation and forensic costs
|
| 727 |
+
- Litigation expenses
|
| 728 |
+
|
| 729 |
+
### 9.2 Liquidated Damages by Violation Type
|
| 730 |
+
|
| 731 |
+
In addition to all other remedies, the following liquidated damages apply (LICENSE Sections 11.8, 11.9):
|
| 732 |
+
|
| 733 |
+
**AI Training Violations:**
|
| 734 |
+
- Tier 1 (Individual/Academic): $50,000
|
| 735 |
+
- Tier 2 (Startup/Small): $250,000
|
| 736 |
+
- Tier 3 (Mid-Size): $1,000,000
|
| 737 |
+
- Tier 4 (Large): $2,000,000
|
| 738 |
+
- Tier 5 (Major Tech): $5,000,000+
|
| 739 |
+
- Plus revenue multipliers (1.5x-3.0x)
|
| 740 |
+
- Plus cultural harm multipliers (1.5x-3.0x)
|
| 741 |
+
- Plus willfulness enhancement (50-100% additional)
|
| 742 |
+
|
| 743 |
+
**Improper Forum Selection:**
|
| 744 |
+
- Individual: $50,000
|
| 745 |
+
- Small Entity: $100,000
|
| 746 |
+
- Large Entity: $250,000
|
| 747 |
+
|
| 748 |
+
**Attribution Violations:**
|
| 749 |
+
- $10,000-$100,000 (scaled by severity and entity size)
|
| 750 |
+
|
| 751 |
+
**Data Sovereignty Violations:**
|
| 752 |
+
- $25,000-$500,000 (scaled by data sensitivity level)
|
| 753 |
+
|
| 754 |
+
**Cultural Protocol Violations:**
|
| 755 |
+
- $50,000-$1,000,000 (scaled by cultural significance)
|
| 756 |
+
|
| 757 |
+
**PIC Violations:**
|
| 758 |
+
- $100,000-$2,000,000 (scaled by use type and harm)
|
| 759 |
+
|
| 760 |
+
**Sacred Site Violations:**
|
| 761 |
+
- $250,000-$5,000,000 (reflecting profound cultural harm)
|
| 762 |
+
|
| 763 |
+
### 9.3 Injunctive Relief
|
| 764 |
+
|
| 765 |
+
**a) Irreparable Harm Presumed:** You acknowledge that violations of this Agreement or the LICENSE cause irreparable harm that cannot be adequately compensated by monetary damages alone.
|
| 766 |
+
|
| 767 |
+
**b) Immediate Injunctive Relief:** The Rights Holder is entitled to immediate injunctive relief without posting bond, including:
|
| 768 |
+
- Temporary restraining orders (TROs)
|
| 769 |
+
- Preliminary injunctions
|
| 770 |
+
- Permanent injunctions
|
| 771 |
+
- Emergency arbitrator relief (UNCITRAL Rules Article 29)
|
| 772 |
+
|
| 773 |
+
**c) Types of Injunctive Relief:**
|
| 774 |
+
- Cease and desist orders
|
| 775 |
+
- Takedown orders for unauthorized uses
|
| 776 |
+
- Asset freezing
|
| 777 |
+
- Model destruction orders (AI violations)
|
| 778 |
+
- Access restrictions
|
| 779 |
+
- Publication bans
|
| 780 |
+
|
| 781 |
+
**d) Expedited Procedures:** Tribal courts and federal courts shall grant expedited hearing on injunctive relief motions given the cultural significance and sovereignty implications.
|
| 782 |
+
|
| 783 |
+
### 9.4 Specific Performance
|
| 784 |
+
|
| 785 |
+
You agree to specific performance of the following obligations:
|
| 786 |
+
|
| 787 |
+
**a) Correction of Attribution:** Correcting missing or incorrect attribution
|
| 788 |
+
|
| 789 |
+
**b) Removal of Unauthorized Derivatives:** Removing derivative works that violate LICENSE terms
|
| 790 |
+
|
| 791 |
+
**c) Compliance with Cultural Protocols:** Implementing required cultural protocols and TK Labels
|
| 792 |
+
|
| 793 |
+
**d) Testimony and Cooperation:** Providing testimony in enforcement proceedings against third-party violators
|
| 794 |
+
|
| 795 |
+
**e) Records Production:** Producing records, data, and documentation for audits and forensic investigations
|
| 796 |
+
|
| 797 |
+
**f) Forensic Cooperation:** Cooperating with forensic investigations (e.g., AI model interrogation, membership inference tests)
|
| 798 |
+
|
| 799 |
+
### 9.5 Criminal Enforcement
|
| 800 |
+
|
| 801 |
+
You acknowledge potential criminal liability for violations under:
|
| 802 |
+
|
| 803 |
+
**a) Indian Arts and Crafts Act (25 U.S.C. § 305e):**
|
| 804 |
+
- Misrepresentation of Indian-produced goods
|
| 805 |
+
- Fines up to $1,000,000
|
| 806 |
+
- Imprisonment up to 5 years (first offense), 15 years (repeat offenders)
|
| 807 |
+
|
| 808 |
+
**b) Computer Fraud and Abuse Act (18 U.S.C. § 1030(c)):**
|
| 809 |
+
- Unauthorized access to protected computers
|
| 810 |
+
- Fines and imprisonment up to 1-20 years depending on severity
|
| 811 |
+
|
| 812 |
+
**c) Economic Espionage Act / DTSA (18 U.S.C. § 1831-1832):**
|
| 813 |
+
- Trade secret theft
|
| 814 |
+
- Fines up to $5,000,000 (individuals), $10,000,000 (organizations)
|
| 815 |
+
- Imprisonment up to 10-15 years
|
| 816 |
+
|
| 817 |
+
### 9.6 No Election of Remedies
|
| 818 |
+
|
| 819 |
+
**a) Cumulative:** All remedies are cumulative and non-exclusive.
|
| 820 |
+
|
| 821 |
+
**b) No Waiver:** Pursuit of one remedy does not waive other remedies.
|
| 822 |
+
|
| 823 |
+
**c) Simultaneous Pursuit:** The Rights Holder may pursue multiple remedies simultaneously.
|
| 824 |
+
|
| 825 |
+
**d) Avoidance of Double Recovery:** Courts shall structure recovery to avoid double compensation for identical harm while permitting separate compensation for distinct harms (economic, cultural, sovereignty, deterrent).
|
| 826 |
+
|
| 827 |
+
### 9.7 Enforcement Priority
|
| 828 |
+
|
| 829 |
+
Violations receive enforcement priority based on:
|
| 830 |
+
|
| 831 |
+
**a) Highest Priority:**
|
| 832 |
+
- AI training violations (difficulty of detection, massive scale, existential threat to Indigenous Data Sovereignty)
|
| 833 |
+
- Sacred Site violations (profound cultural harm)
|
| 834 |
+
- Major commercial exploitation without benefit-sharing
|
| 835 |
+
|
| 836 |
+
**b) High Priority:**
|
| 837 |
+
- Cultural appropriation and misrepresentation
|
| 838 |
+
- Data sovereignty violations
|
| 839 |
+
- Systematic LICENSE violations
|
| 840 |
+
|
| 841 |
+
**c) Standard Priority:**
|
| 842 |
+
- Attribution failures
|
| 843 |
+
- Technical compliance issues
|
| 844 |
+
- Good-faith disputes over interpretation
|
| 845 |
+
|
| 846 |
+
---
|
| 847 |
+
|
| 848 |
+
## 10. PATENT AND INTELLECTUAL PROPERTY OBLIGATIONS
|
| 849 |
+
|
| 850 |
+
### 10.1 Defensive Disclosure Requirements
|
| 851 |
+
|
| 852 |
+
If you or anyone claiming through you files a patent application that incorporates, is based upon, or utilizes Traditional Knowledge from the Work (including your Contribution), you MUST (LICENSE Section 7 & WIPO Treaty Article 3):
|
| 853 |
+
|
| 854 |
+
**a) Complete Disclosure:** Provide complete disclosure of the Traditional Knowledge source, including:
|
| 855 |
+
- Identification of the Rights Holder and GTBOCI
|
| 856 |
+
- Description of specific TK incorporated
|
| 857 |
+
- Genealogical and cultural connections where appropriate
|
| 858 |
+
- Reference to this LICENSE
|
| 859 |
+
|
| 860 |
+
**b) Demonstrate Valid PIC:** Provide evidence of valid Prior Informed Consent from the Rights Holder for the specific patent application use.
|
| 861 |
+
|
| 862 |
+
**c) Benefit-Sharing Agreements:** Establish benefit-sharing agreements PRIOR to filing, including:
|
| 863 |
+
- Minimum 25% of patent-related revenues to Legacy Beneficiary
|
| 864 |
+
- Non-monetary benefits (technology transfer, capacity building)
|
| 865 |
+
- Ongoing reporting and transparency
|
| 866 |
+
|
| 867 |
+
**d) Patent Office Disclosure:** File all required disclosures with the patent office, including:
|
| 868 |
+
- Source of biological materials and traditional knowledge
|
| 869 |
+
- Evidence of access and benefit-sharing
|
| 870 |
+
- Compliance with Nagoya Protocol (if applicable)
|
| 871 |
+
|
| 872 |
+
### 10.2 Consequences of Non-Disclosure
|
| 873 |
+
|
| 874 |
+
Failure to comply with disclosure requirements triggers (WIPO Treaty Article 5):
|
| 875 |
+
|
| 876 |
+
**a) Patent Invalidation:** The patent may be invalidated or rendered unenforceable.
|
| 877 |
+
|
| 878 |
+
**b) Enforcement Prevention:** Courts may refuse to enforce patent rights obtained through non-disclosure.
|
| 879 |
+
|
| 880 |
+
**c) Damages:** You are liable for all benefits-sharing payments that should have been made, plus penalties.
|
| 881 |
+
|
| 882 |
+
**d) Criminal Liability:** Knowing false statements to patent offices may constitute fraud (e.g., 18 U.S.C. § 1001).
|
| 883 |
+
|
| 884 |
+
### 10.3 Patent Non-Assertion Covenant
|
| 885 |
+
|
| 886 |
+
To prevent patent hold-up and facilitate Rights Holder's use of the Work:
|
| 887 |
+
|
| 888 |
+
**a) Grant of Patent License:** If you hold or obtain any patents that could be infringed by the use, reproduction, or distribution of your Contribution, you grant to the Rights Holder and all LICENSE-compliant users a perpetual, worldwide, non-exclusive, no-charge, royalty-free patent license to make, use, sell, offer for sale, import, and otherwise utilize your Contribution.
|
| 889 |
+
|
| 890 |
+
**b) Non-Assertion Covenant:** You covenant not to assert any patent claims against:
|
| 891 |
+
- The Rights Holder for any use of the Work
|
| 892 |
+
- LICENSE-compliant users
|
| 893 |
+
- Enforcement of LICENSE terms
|
| 894 |
+
|
| 895 |
+
**c) Condition:** This patent license and covenant apply only so long as recipients remain in full compliance with all LICENSE terms.
|
| 896 |
+
|
| 897 |
+
**d) Termination:** The patent license terminates automatically if the recipient violates LICENSE terms.
|
| 898 |
+
|
| 899 |
+
**e) Defensive Suspension:** If you assert patent claims against the Rights Holder or LICENSE-compliant users, all rights granted to you under this Agreement immediately terminate.
|
| 900 |
+
|
| 901 |
+
### 10.4 No Patent Trolling
|
| 902 |
+
|
| 903 |
+
**a) Prohibition:** You agree not to engage in patent trolling, assertion entities, or non-practicing entity litigation related to the Work.
|
| 904 |
+
|
| 905 |
+
**b) Good Faith Assertions Only:** Any patent assertion must be made in good faith based on valid patents and actual infringement.
|
| 906 |
+
|
| 907 |
+
**c) Prior Notice:** Before asserting patents, you must provide the Rights Holder with 90 days' notice and opportunity to cure or negotiate.
|
| 908 |
+
|
| 909 |
+
### 10.5 Trademark and Trade Dress
|
| 910 |
+
|
| 911 |
+
**a) No Trademark Rights Granted:** This Agreement grants NO rights to use any trademarks, service marks, or trade dress of the Rights Holder or GTBOCI.
|
| 912 |
+
|
| 913 |
+
**b) Proper Attribution:** Any attribution must comply with trademark usage guidelines provided by the Rights Holder.
|
| 914 |
+
|
| 915 |
+
**c) No Endorsement:** You may not suggest that the Rights Holder or GTBOCI endorses your products, services, or activities without explicit written permission.
|
| 916 |
+
|
| 917 |
+
**d) Cultural Symbols:** Anishinaabe cultural symbols, designs, and traditional art are protected as trademarks/trade dress where applicable and as cultural property under tribal law.
|
| 918 |
+
|
| 919 |
+
---
|
| 920 |
+
|
| 921 |
+
## 11. INDEMNIFICATION AND LIMITATION OF LIABILITY
|
| 922 |
+
|
| 923 |
+
### 11.1 Contributor Indemnification Obligations
|
| 924 |
+
|
| 925 |
+
You agree to **indemnify, defend, and hold harmless** the Rights Holder, GTBOCI, the Legacy Beneficiary, and their respective officers, members, agents, and successors (collectively, "Indemnified Parties") from and against any and all:
|
| 926 |
+
|
| 927 |
+
**a) Third-Party IP Claims:** Claims, damages, losses, liabilities, and expenses (including reasonable attorney's fees) arising from third-party intellectual property infringement claims related to your Contribution.
|
| 928 |
+
|
| 929 |
+
**b) Warranty Breach Claims:** Claims arising from any breach of your warranties and representations in Section 4.
|
| 930 |
+
|
| 931 |
+
**c) LICENSE Violation Claims:** Claims arising from violations of LICENSE terms by you or anyone claiming rights through you.
|
| 932 |
+
|
| 933 |
+
**d) Cultural Harm Claims:** Claims of cultural appropriation, misrepresentation, desecration, or other cultural harm resulting from your Contribution or actions.
|
| 934 |
+
|
| 935 |
+
**e) AI Training Violations:** Claims arising from AI training or development using your Contribution in violation of LICENSE Section 7.1.
|
| 936 |
+
|
| 937 |
+
**f) Data Breach Claims:** Claims arising from data sovereignty violations, data breaches, or unauthorized data disclosure related to your Contribution.
|
| 938 |
+
|
| 939 |
+
**g) Jurisdiction Violations:** Claims, costs, and damages arising from your improper forum selection or jurisdictional challenges.
|
| 940 |
+
|
| 941 |
+
**h) Regulatory Violations:** Claims arising from violations of export control, sanctions, privacy laws, or other regulations related to your Contribution.
|
| 942 |
+
|
| 943 |
+
### 11.2 Indemnification Procedures
|
| 944 |
+
|
| 945 |
+
**a) Notice:** Indemnified Parties will provide prompt written notice of any claim.
|
| 946 |
+
|
| 947 |
+
**b) Control:** You shall have the right to control the defense of any claim, subject to Indemnified Parties' right to participate with their own counsel at their expense.
|
| 948 |
+
|
| 949 |
+
**c) No Settlement Without Consent:** You may not settle any claim in a manner that admits liability on behalf of Indemnified Parties or imposes obligations on them without their prior written consent.
|
| 950 |
+
|
| 951 |
+
**d) Cooperation:** Indemnified Parties will reasonably cooperate in the defense.
|
| 952 |
+
|
| 953 |
+
**e) Payment:** You shall pay all settlements, judgments, and defense costs.
|
| 954 |
+
|
| 955 |
+
### 11.3 Limitation of Rights Holder Liability
|
| 956 |
+
|
| 957 |
+
**a) No Liability to Contributors:** The Rights Holder has NO liability to you for:
|
| 958 |
+
- Rejection of your Contribution for any reason or no reason
|
| 959 |
+
- Removal of your Contribution from the Work at any time
|
| 960 |
+
- Modification, alteration, or adaptation of your Contribution
|
| 961 |
+
- Decisions regarding how the Work is licensed, distributed, or used
|
| 962 |
+
- License termination
|
| 963 |
+
- Exercise of sovereign rights and cultural authority
|
| 964 |
+
- Enforcement actions against third parties
|
| 965 |
+
- Any decisions regarding TK/TCE characterization
|
| 966 |
+
|
| 967 |
+
**b) Sovereign Immunity:** GTBOCI retains sovereign immunity. Nothing in this Agreement waives GTBOCI's sovereign immunity. The Rights Holder operates in individual capacity, not as representative of GTBOCI government.
|
| 968 |
+
|
| 969 |
+
**c) No Consequential Damages:** To the maximum extent permitted by law, the Rights Holder is not liable for any indirect, incidental, special, consequential, or punitive damages.
|
| 970 |
+
|
| 971 |
+
### 11.4 No Warranties by Rights Holder
|
| 972 |
+
|
| 973 |
+
**a) Contribution Accepted "As Is":** The Rights Holder accepts your Contribution "AS IS" and "AS AVAILABLE" without any warranties.
|
| 974 |
+
|
| 975 |
+
**b) No Representations:** The Rights Holder makes no representations regarding:
|
| 976 |
+
- Whether your Contribution will be used
|
| 977 |
+
- How your Contribution will be used
|
| 978 |
+
- Whether your Contribution will remain in the Work
|
| 979 |
+
- Attribution practices
|
| 980 |
+
- Commercial success of the Work
|
| 981 |
+
|
| 982 |
+
**c) No Obligation to Maintain:** The Rights Holder has no obligation to maintain, support, update, or provide error corrections for your Contribution.
|
| 983 |
+
|
| 984 |
+
**d) No Obligation to Enforce:** The Rights Holder has no obligation to enforce LICENSE terms against third parties on your behalf.
|
| 985 |
+
|
| 986 |
+
### 11.5 Disclaimer of Warranties
|
| 987 |
+
|
| 988 |
+
**a) NO EXPRESS OR IMPLIED WARRANTIES:** Except for the express warranties YOU provide in Section 4, this Agreement contains NO warranties, express or implied.
|
| 989 |
+
|
| 990 |
+
**b) No Warranty of MERCHANTABILITY:** No warranty of merchantability.
|
| 991 |
+
|
| 992 |
+
**c) No Warranty of FITNESS:** No warranty of fitness for a particular purpose.
|
| 993 |
+
|
| 994 |
+
**d) No Warranty of Non-Infringement:** No warranty of non-infringement (except your express warranty in Section 4.1).
|
| 995 |
+
|
| 996 |
+
### 11.6 Survival of Indemnification
|
| 997 |
+
|
| 998 |
+
Your indemnification obligations survive:
|
| 999 |
+
- Termination of this Agreement
|
| 1000 |
+
- Removal of your Contribution from the Work
|
| 1001 |
+
- Completion of your participation in the project
|
| 1002 |
+
- Any statute of limitations that might otherwise apply
|
| 1003 |
+
|
| 1004 |
+
---
|
| 1005 |
+
|
| 1006 |
+
## 12. ADDITIONAL PROTECTIVE PROVISIONS
|
| 1007 |
+
|
| 1008 |
+
### 12.1 Anti-Circumvention Provisions
|
| 1009 |
+
|
| 1010 |
+
**a) DMCA Protection:** The Work is protected by technological protection measures under 17 U.S.C. § 1201 (DMCA anti-circumvention provisions).
|
| 1011 |
+
|
| 1012 |
+
**b) Prohibition on Circumvention:** You shall not:
|
| 1013 |
+
- Circumvent technological measures protecting the Work
|
| 1014 |
+
- Remove, alter, or obscure TK Labels or metadata
|
| 1015 |
+
- Develop, distribute, or use tools to circumvent protections
|
| 1016 |
+
- Assist others in circumvention
|
| 1017 |
+
|
| 1018 |
+
**c) Criminal Penalties:** Circumvention violations carry criminal penalties under 17 U.S.C. § 1204:
|
| 1019 |
+
- Fines up to $1,000,000
|
| 1020 |
+
- Imprisonment up to 10 years (repeat offenders)
|
| 1021 |
+
|
| 1022 |
+
**d) Civil Remedies:** Civil remedies under 17 U.S.C. § 1203 including actual damages, statutory damages ($200-$2,500 per violation), and attorney's fees.
|
| 1023 |
+
|
| 1024 |
+
### 12.2 No Exhaustion or First Sale
|
| 1025 |
+
|
| 1026 |
+
**a) No First Sale Doctrine:** You acknowledge that the first sale doctrine does NOT apply to the Work or your Contribution when integrated into the Work.
|
| 1027 |
+
|
| 1028 |
+
**b) Restrictions Run with Work:** All LICENSE restrictions run with the Work perpetually, regardless of how many times it is transferred or copied.
|
| 1029 |
+
|
| 1030 |
+
**c) No Exhaustion of Sovereignty Rights:** Tribal sovereignty rights are never exhausted by distribution or sale.
|
| 1031 |
+
|
| 1032 |
+
**d) Continuing Obligations:** Benefit-sharing and cultural protocol obligations continue regardless of downstream transfers.
|
| 1033 |
+
|
| 1034 |
+
### 12.3 Severability and Survival
|
| 1035 |
+
|
| 1036 |
+
**a) Severability:** If any provision of this Agreement is held invalid, illegal, or unenforceable:
|
| 1037 |
+
- The remainder of the Agreement remains in full force and effect
|
| 1038 |
+
- The invalid provision shall be reformed to the maximum extent enforceable
|
| 1039 |
+
- Indian canons of construction guide reformation (construe liberally in favor of tribe/Rights Holder)
|
| 1040 |
+
|
| 1041 |
+
**b) Core Provisions Survive:** The following core provisions survive any partial invalidity:
|
| 1042 |
+
- Section 8: Jurisdiction and forum selection
|
| 1043 |
+
- Section 7: Benefit-sharing obligations
|
| 1044 |
+
- Section 6: Technology restrictions
|
| 1045 |
+
- Section 9: Remedies and enforcement
|
| 1046 |
+
- Section 4: Warranties
|
| 1047 |
+
- Section 11: Indemnification
|
| 1048 |
+
|
| 1049 |
+
**c) Survival After Termination:** Sections 4, 8, 9, 10, 11, and 12 survive termination of this Agreement.
|
| 1050 |
+
|
| 1051 |
+
### 12.4 No Implied Licenses or Estoppel
|
| 1052 |
+
|
| 1053 |
+
**a) Express Grants Only:** All rights must be expressly granted in writing. No implied licenses are granted by conduct, estoppel, or otherwise.
|
| 1054 |
+
|
| 1055 |
+
**b) Silence Is Not Consent:** The Rights Holder's silence or inaction does not constitute consent, waiver, or license.
|
| 1056 |
+
|
| 1057 |
+
**c) Estoppel Defenses Waived:** You waive any defenses based on estoppel, laches, or acquiescence.
|
| 1058 |
+
|
| 1059 |
+
**d) Reservation of Rights:** All rights not expressly granted are reserved to the Rights Holder.
|
| 1060 |
+
|
| 1061 |
+
### 12.5 Integration and Amendment
|
| 1062 |
+
|
| 1063 |
+
**a) Entire Agreement:** This Agreement, together with the LICENSE, constitutes the entire agreement between you and the Rights Holder regarding your Contribution.
|
| 1064 |
+
|
| 1065 |
+
**b) Supersedes Prior Agreements:** This Agreement supersedes all prior or contemporaneous oral or written agreements regarding your Contribution.
|
| 1066 |
+
|
| 1067 |
+
**c) Amendment Only by Rights Holder:** This Agreement may be amended only by a written document signed by the Rights Holder.
|
| 1068 |
+
|
| 1069 |
+
**d) No Oral Modifications:** Oral modifications are invalid and unenforceable.
|
| 1070 |
+
|
| 1071 |
+
**e) Electronic Signatures Valid:** Electronic signatures are valid under the ESIGN Act (15 U.S.C. § 7001) and UETA.
|
| 1072 |
+
|
| 1073 |
+
**f) Version Control:** The LICENSE may be updated from time to time. Your Contribution is governed by the LICENSE version in effect at the time of submission, unless you explicitly agree to a later version.
|
| 1074 |
+
|
| 1075 |
+
### 12.6 Waiver of Jury Trial
|
| 1076 |
+
|
| 1077 |
+
**a) Waiver:** TO THE EXTENT PERMITTED BY TRIBAL LAW AND FEDERAL LAW, YOU WAIVE YOUR RIGHT TO A JURY TRIAL for any dispute arising from this Agreement.
|
| 1078 |
+
|
| 1079 |
+
**b) Tribal Court or Bench Trial:** Disputes shall be adjudicated by a tribal court judge or federal court judge sitting without a jury.
|
| 1080 |
+
|
| 1081 |
+
**c) Arbitration Alternative:** At the Rights Holder's election, disputes may be resolved through tribal arbitration under tribal arbitration rules or UNCITRAL Arbitration Rules.
|
| 1082 |
+
|
| 1083 |
+
**d) Knowing and Voluntary:** This waiver is knowing, voluntary, and informed.
|
| 1084 |
+
|
| 1085 |
+
### 12.7 Extended Statute of Limitations
|
| 1086 |
+
|
| 1087 |
+
**a) Discovery Rule:** For violations discovered through forensic analysis (e.g., AI training, data breaches), the statute of limitations runs from the date of discovery, not the date of the violation.
|
| 1088 |
+
|
| 1089 |
+
**b) Continuing Violations:** Each violation constitutes a separate cause of action with its own statute of limitations.
|
| 1090 |
+
|
| 1091 |
+
**c) Tribal Law SOL:** Tribal law statute of limitations governs and may be longer than state or federal SOL.
|
| 1092 |
+
|
| 1093 |
+
**d) Equitable Tolling:** Statute of limitations is tolled for concealed violations, fraudulent concealment, and ongoing violations.
|
| 1094 |
+
|
| 1095 |
+
**e) No Time-Bar for Sovereignty:** Tribal sovereignty claims are never time-barred.
|
| 1096 |
+
|
| 1097 |
+
### 12.8 Notice and Communication
|
| 1098 |
+
|
| 1099 |
+
**a) Notice to Rights Holder:**
|
| 1100 |
+
|
| 1101 |
+
All notices, PIC requests, and formal communications to the Rights Holder should be directed to:
|
| 1102 |
+
|
| 1103 |
+
**Email:** [To be provided by Rights Holder]
|
| 1104 |
+
**Repository:** Via issue in the official project repository
|
| 1105 |
+
**Postal Mail:** [To be provided by Rights Holder]
|
| 1106 |
+
|
| 1107 |
+
**b) Notice to Contributor:** Notices to you may be provided via:
|
| 1108 |
+
- Email to the address associated with your Contribution submission
|
| 1109 |
+
- Public notice in the project repository
|
| 1110 |
+
- Certified mail to your last known address
|
| 1111 |
+
|
| 1112 |
+
**c) Effective Date:** Notices are effective upon transmission (email), posting (repository), or mailing (postal).
|
| 1113 |
+
|
| 1114 |
+
### 12.9 Assignment and Successors
|
| 1115 |
+
|
| 1116 |
+
**a) Rights Holder May Assign:** The Rights Holder may assign this Agreement and the LICENSE to successors designated under LICENSE Section 10.2 (Successor Authority provisions).
|
| 1117 |
+
|
| 1118 |
+
**b) Contributor May Not Assign:** You may not assign this Agreement without prior written consent of the Rights Holder.
|
| 1119 |
+
|
| 1120 |
+
**c) Binding on Successors:** This Agreement binds and benefits the parties and their respective successors and permitted assigns.
|
| 1121 |
+
|
| 1122 |
+
### 12.10 Relationship of Parties
|
| 1123 |
+
|
| 1124 |
+
**a) Independent Parties:** You and the Rights Holder are independent parties. This Agreement does not create:
|
| 1125 |
+
- Employment relationship
|
| 1126 |
+
- Agency relationship
|
| 1127 |
+
- Partnership
|
| 1128 |
+
- Joint venture
|
| 1129 |
+
- Fiduciary duty (except as expressly stated)
|
| 1130 |
+
|
| 1131 |
+
**b) No Authority to Bind:** Neither party has authority to bind the other.
|
| 1132 |
+
|
| 1133 |
+
**c) Voluntary Contribution:** Your Contribution is voluntary, not commissioned or directed by the Rights Holder.
|
| 1134 |
+
|
| 1135 |
+
### 12.11 Force Majeure
|
| 1136 |
+
|
| 1137 |
+
**a) Excuse for Impossibility:** Neither party is liable for failure to perform due to circumstances beyond reasonable control (acts of God, war, terrorism, pandemics, government actions).
|
| 1138 |
+
|
| 1139 |
+
**b) Obligations Continue:** Force majeure does NOT excuse:
|
| 1140 |
+
- Payment obligations (payable when circumstances resolve)
|
| 1141 |
+
- Confidentiality obligations
|
| 1142 |
+
- Jurisdictional provisions
|
| 1143 |
+
- Technology use restrictions
|
| 1144 |
+
|
| 1145 |
+
### 12.12 Interpretation
|
| 1146 |
+
|
| 1147 |
+
**a) Indian Canons of Construction:** This Agreement shall be interpreted according to the Indian canons of construction:
|
| 1148 |
+
- Ambiguities construed in favor of the tribe and Rights Holder
|
| 1149 |
+
- Liberal construction to effectuate Indigenous rights protections
|
| 1150 |
+
- Treaties and agreements construed as Indigenous parties understood them
|
| 1151 |
+
- Remedial provisions construed broadly
|
| 1152 |
+
|
| 1153 |
+
**b) Headings:** Section headings are for convenience only and do not affect interpretation.
|
| 1154 |
+
|
| 1155 |
+
**c) Singular/Plural:** Singular includes plural and vice versa where context requires.
|
| 1156 |
+
|
| 1157 |
+
**d) Including:** "Including" means "including without limitation."
|
| 1158 |
+
|
| 1159 |
+
**e) Cultural Context:** This Agreement shall be interpreted with respect for Indigenous legal traditions, cultural protocols, and tribal sovereignty.
|
| 1160 |
+
|
| 1161 |
+
---
|
| 1162 |
+
|
| 1163 |
+
## 13. ACCEPTANCE AND ELECTRONIC SIGNATURE
|
| 1164 |
+
|
| 1165 |
+
### 13.1 Mechanisms of Acceptance
|
| 1166 |
+
|
| 1167 |
+
By submitting a Contribution, you ACCEPT and AGREE to be bound by all terms of this Agreement through one of the following mechanisms:
|
| 1168 |
+
|
| 1169 |
+
**a) Pull Request Submission:** Submitting a pull request constitutes your electronic signature and acceptance of this Agreement.
|
| 1170 |
+
|
| 1171 |
+
**b) Issue Submission:** Submitting an issue containing a Contribution (code, documentation, etc.) constitutes acceptance.
|
| 1172 |
+
|
| 1173 |
+
**c) Email Submission:** Emailing a Contribution to the Rights Holder constitutes acceptance.
|
| 1174 |
+
|
| 1175 |
+
**d) Click-Through:** Clicking "I Agree" or similar button in contribution workflow constitutes acceptance.
|
| 1176 |
+
|
| 1177 |
+
**e) Digital Signature:** Providing a digital signature via DocuSign, Adobe Sign, or similar service.
|
| 1178 |
+
|
| 1179 |
+
**f) Blockchain Signature:** Cryptographic signature (if compatible with LICENSE Section 9.4 restrictions).
|
| 1180 |
+
|
| 1181 |
+
**g) Explicit Written Agreement:** Signing a physical or electronic copy of this Agreement.
|
| 1182 |
+
|
| 1183 |
+
### 13.2 Electronic Signature Validity
|
| 1184 |
+
|
| 1185 |
+
**a) ESIGN Act:** Electronic signatures are valid under the Electronic Signatures in Global and National Commerce Act (15 U.S.C. § 7001).
|
| 1186 |
+
|
| 1187 |
+
**b) UETA:** Electronic signatures are valid under the Uniform Electronic Transactions Act (adopted in most states).
|
| 1188 |
+
|
| 1189 |
+
**c) Tribal Law:** Electronic signatures are valid under GTBOCI law.
|
| 1190 |
+
|
| 1191 |
+
**d) International Recognition:** Electronic signatures are recognized under international law and treaties.
|
| 1192 |
+
|
| 1193 |
+
### 13.3 Record of Acceptance
|
| 1194 |
+
|
| 1195 |
+
**a) Rights Holder Records:** The Rights Holder maintains a permanent record of your acceptance, including:
|
| 1196 |
+
- Timestamp of acceptance
|
| 1197 |
+
- Mechanism of acceptance
|
| 1198 |
+
- Version of CLA accepted
|
| 1199 |
+
- Associated Contribution details
|
| 1200 |
+
- Cryptographic hash verification (where applicable)
|
| 1201 |
+
|
| 1202 |
+
**b) Admissibility:** These records are admissible in tribal court, federal court, and international forums as evidence of your agreement.
|
| 1203 |
+
|
| 1204 |
+
**c) Retention:** Records are retained indefinitely to support enforcement.
|
| 1205 |
+
|
| 1206 |
+
### 13.4 Corporate Contributors
|
| 1207 |
+
|
| 1208 |
+
If you are contributing on behalf of a corporation, organization, or other legal entity:
|
| 1209 |
+
|
| 1210 |
+
**a) Authorization Required:** You represent that you are authorized by your employer/organization to enter into this Agreement on its behalf.
|
| 1211 |
+
|
| 1212 |
+
**b) Officer Certification:** Contributions by entities with > $10M revenue require certification by an officer that they have authority to bind the entity.
|
| 1213 |
+
|
| 1214 |
+
**c) Corporate Seal:** Entities may affix corporate seal to signify formal acceptance (if applicable).
|
| 1215 |
+
|
| 1216 |
+
**d) No Individual Liability Shield:** Corporate status does NOT shield individual officers, directors, or employees from personal liability for intentional violations, fraud, or willful misconduct.
|
| 1217 |
+
|
| 1218 |
+
### 13.5 Confirmation of Understanding
|
| 1219 |
+
|
| 1220 |
+
By accepting this Agreement, you confirm that:
|
| 1221 |
+
|
| 1222 |
+
**a) You have read and understand all terms of this Agreement and the LICENSE.
|
| 1223 |
+
|
| 1224 |
+
**b) You have had the opportunity to consult with legal counsel regarding this Agreement.
|
| 1225 |
+
|
| 1226 |
+
**c) You accept this Agreement voluntarily, without duress or coercion.
|
| 1227 |
+
|
| 1228 |
+
**d) You understand the legal implications of your acceptance, including:
|
| 1229 |
+
- Jurisdictional provisions (exclusive tribal court jurisdiction)
|
| 1230 |
+
- Technology restrictions (AI training prohibition with substantial damages)
|
| 1231 |
+
- Benefit-sharing obligations (you have no claim to revenues)
|
| 1232 |
+
- Enforcement mechanisms (cumulative remedies, liquidated damages)
|
| 1233 |
+
- Cultural protocols (Indigenous Data Sovereignty, TK/TCE protection)
|
| 1234 |
+
|
| 1235 |
+
**e) You commit to upholding the principles of Indigenous Data Sovereignty, respect for Traditional Knowledge and Traditional Cultural Expressions, tribal sovereignty, and Indigenous wealth reclamation.
|
| 1236 |
+
|
| 1237 |
+
---
|
| 1238 |
+
|
| 1239 |
+
## CONCLUSION
|
| 1240 |
+
|
| 1241 |
+
Your Contribution is a voluntary and informed act of participation in a project governed by Indigenous law, federal Indian law, treaty rights, and international Indigenous rights frameworks. This Agreement reflects centuries of Indigenous struggle for recognition, respect, and protection of cultural heritage and intellectual property.
|
| 1242 |
+
|
| 1243 |
+
By contributing, you join a movement toward Indigenous wealth reclamation, data sovereignty, and the protection of Traditional Knowledge for future generations. You become part of ensuring that Indigenous peoples receive equitable benefit from their knowledge, cultural expressions, and intellectual contributions to society.
|
| 1244 |
+
|
| 1245 |
+
**Thank you for your understanding, respect, and support for Indigenous rights and tribal sovereignty.**
|
| 1246 |
+
|
| 1247 |
+
---
|
| 1248 |
+
|
| 1249 |
+
**DOCUMENT VERSION:** 2.0 (Comprehensive Legal Hardening - 2025)
|
| 1250 |
+
|
| 1251 |
+
**EFFECTIVE DATE:** Upon acceptance by Contributor
|
| 1252 |
+
|
| 1253 |
+
**GOVERNING LICENSE:** See LICENSE file in repository root
|
| 1254 |
+
|
| 1255 |
+
**RIGHTS HOLDER CONTACT:** [To be provided]
|
| 1256 |
+
|
| 1257 |
+
---
|
| 1258 |
+
|
| 1259 |
+
## APPENDIX A: QUICK REFERENCE - KEY OBLIGATIONS
|
| 1260 |
+
|
| 1261 |
+
Contributors must:
|
| 1262 |
+
- ✓ Accept ALL terms of project LICENSE
|
| 1263 |
+
- ✓ Warrant that contribution is original work
|
| 1264 |
+
- ✓ Disclose any third-party materials
|
| 1265 |
+
- ✓ NOT use prohibited AI tools
|
| 1266 |
+
- ✓ Comply with Indigenous Data Sovereignty
|
| 1267 |
+
- ✓ Respect cultural protocols and TK Labels
|
| 1268 |
+
- ✓ Submit to tribal court jurisdiction
|
| 1269 |
+
- ✓ Waive claims to revenue/benefit-sharing
|
| 1270 |
+
- ✓ Indemnify Rights Holder for warranty breaches
|
| 1271 |
+
- ✓ Maintain records for 7 years
|
| 1272 |
+
|
| 1273 |
+
Contributors must NOT:
|
| 1274 |
+
- ✗ Use contributions for AI training (without PIC)
|
| 1275 |
+
- ✗ Violate benefit-sharing requirements
|
| 1276 |
+
- ✗ File in state courts (tribal/federal only)
|
| 1277 |
+
- ✗ Remove TK Labels or metadata
|
| 1278 |
+
- ✗ Misappropriate Indigenous cultural expressions
|
| 1279 |
+
- ✗ Violate data sovereignty requirements
|
| 1280 |
+
- ✗ Circumvent technological protections
|
| 1281 |
+
- ✗ Claim co-ownership of the Work
|
| 1282 |
+
- ✗ Assert conflicting licenses
|
| 1283 |
+
- ✗ Facilitate Sacred Site violations
|
| 1284 |
+
|
| 1285 |
+
Violations trigger:
|
| 1286 |
+
- Graduated liquidated damages ($50K-$5M+)
|
| 1287 |
+
- Copyright statutory damages ($750-$150K per work)
|
| 1288 |
+
- Criminal penalties (IACA, CFAA: fines, imprisonment)
|
| 1289 |
+
- Injunctive relief (immediate TROs/injunctions)
|
| 1290 |
+
- Cultural harm damages
|
| 1291 |
+
- Benefit-sharing restitution
|
| 1292 |
+
- Attorney's fees and costs
|
| 1293 |
+
|
| 1294 |
+
---
|
| 1295 |
+
|
| 1296 |
+
**End of Contributor License Agreement**
|
LICENSE
ADDED
|
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|
|
|
Privacy-Policy.md
ADDED
|
@@ -0,0 +1,2042 @@
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|
| 1 |
+
# PRIVACY POLICY
|
| 2 |
+
## Grounded in Indigenous Data Sovereignty and Tribal Jurisdiction
|
| 3 |
+
|
| 4 |
+
**Last Updated:** November 8, 2025
|
| 5 |
+
**Effective Date:** November 8, 2025
|
| 6 |
+
**Version:** 2.0
|
| 7 |
+
|
| 8 |
+
---
|
| 9 |
+
|
| 10 |
+
## PREAMBLE: INDIGENOUS DATA SOVEREIGNTY FOUNDATION
|
| 11 |
+
|
| 12 |
+
This Privacy Policy is established under the inherent sovereignty of **ᓂᐲᔥ ᐙᐸᓂᒥᑮ-ᑭᓇᐙᐸᑭᓯ (Nbiish Waabanimikii-Kinawaabakizi)**, also known legally as **JUSTIN PAUL KENWABIKISE**, professionally documented as **Nbiish-Justin Paul Kenwabikise**, Anishinaabek Dodem (Anishinaabe Clan): **Animikii (Thunder)**, descendant of Chief **ᑭᓇᐙᐸᑭᓯ (Kinwaabakizi)** of the Beaver Island Band, and enrolled member of the sovereign **Grand Traverse Band of Ottawa and Chippewa Indians (GTBOCI)**, a federally recognized sovereign tribal nation (hereinafter referred to as the "Rights Holder" or "Service Provider").
|
| 13 |
+
|
| 14 |
+
This Privacy Policy operates within the constitutional supremacy framework established by **Article VI, Clause 2 of the U.S. Constitution**, which declares federal law, including federal Indian law, to be the "supreme law of the land." This policy implements:
|
| 15 |
+
|
| 16 |
+
- **Indigenous Data Sovereignty** principles recognizing the inherent right of Indigenous peoples to govern data pertaining to them, their lands, resources, cultures, and knowledge systems
|
| 17 |
+
- **CARE Principles for Indigenous Data Governance** (Collective Benefit, Authority to Control, Responsibility, and Ethics) as established by the Global Indigenous Data Alliance
|
| 18 |
+
- **UN Declaration on the Rights of Indigenous Peoples (UNDRIP)** protections for Indigenous cultural heritage and self-determination
|
| 19 |
+
- **Federal Indian law** protections including tribal sovereign immunity and exclusive federal-tribal jurisdiction
|
| 20 |
+
- **International privacy frameworks** including GDPR, CCPA, and emerging global privacy standards
|
| 21 |
+
|
| 22 |
+
### Constitutional and Treaty Authority
|
| 23 |
+
|
| 24 |
+
This Privacy Policy exercises rights reserved under:
|
| 25 |
+
|
| 26 |
+
1. **Treaty of Washington (March 28, 1836)** - 7 Stat. 491
|
| 27 |
+
2. **Treaty of Detroit (July 31, 1855)** - 11 Stat. 621
|
| 28 |
+
3. **Worcester v. Georgia**, 31 U.S. 515 (1831) - establishing tribal jurisdiction
|
| 29 |
+
4. **Michigan v. Bay Mills Indian Community**, 572 U.S. 782 (2014) - affirming tribal sovereign immunity
|
| 30 |
+
|
| 31 |
+
---
|
| 32 |
+
|
| 33 |
+
## TABLE OF CONTENTS
|
| 34 |
+
|
| 35 |
+
1. [Introduction and Scope](#1-introduction-and-scope)
|
| 36 |
+
2. [Definitions](#2-definitions)
|
| 37 |
+
3. [Legal Framework and Jurisdiction](#3-legal-framework-and-jurisdiction)
|
| 38 |
+
4. [Information Collection](#4-information-collection)
|
| 39 |
+
5. [Indigenous Data Sovereignty and CARE Principles](#5-indigenous-data-sovereignty-and-care-principles)
|
| 40 |
+
6. [Use of Information](#6-use-of-information)
|
| 41 |
+
7. [Information Sharing and Disclosure](#7-information-sharing-and-disclosure)
|
| 42 |
+
8. [Data Storage, Security, and Retention](#8-data-storage-security-and-retention)
|
| 43 |
+
9. [Your Rights and Choices](#9-your-rights-and-choices)
|
| 44 |
+
10. [International Data Transfers](#10-international-data-transfers)
|
| 45 |
+
11. [Cookies and Tracking Technologies](#11-cookies-and-tracking-technologies)
|
| 46 |
+
12. [Third-Party Services and Links](#12-third-party-services-and-links)
|
| 47 |
+
13. [Special Data Categories and Protections](#13-special-data-categories-and-protections)
|
| 48 |
+
14. [AI and Automated Decision-Making](#14-ai-and-automated-decision-making)
|
| 49 |
+
15. [Children's Privacy](#15-childrens-privacy)
|
| 50 |
+
16. [Data Breach Notification and Response](#16-data-breach-notification-and-response)
|
| 51 |
+
17. [Accessibility and Language Access](#17-accessibility-and-language-access)
|
| 52 |
+
18. [Updates to This Privacy Policy](#18-updates-to-this-privacy-policy)
|
| 53 |
+
19. [Contact Information and Data Protection Officer](#19-contact-information-and-data-protection-officer)
|
| 54 |
+
20. [Dispute Resolution and Enforcement](#20-dispute-resolution-and-enforcement)
|
| 55 |
+
21. [Service-Specific Privacy Provisions](#21-service-specific-privacy-provisions)
|
| 56 |
+
22. [Compliance Certifications and Audits](#22-compliance-certifications-and-audits)
|
| 57 |
+
|
| 58 |
+
---
|
| 59 |
+
|
| 60 |
+
## 1. INTRODUCTION AND SCOPE
|
| 61 |
+
|
| 62 |
+
### 1.1 Welcome and Purpose
|
| 63 |
+
|
| 64 |
+
Welcome to services provided under the authority of ᓂᐲᔥ Nbiish-Justin Kenwabikise ᑭᓇᐙᐱᑭᓯ. This Privacy Policy explains how I collect, use, disclose, protect, and govern your personal information when you access or use:
|
| 65 |
+
|
| 66 |
+
- **in-digi-nous.com** and all associated domains and subdomains
|
| 67 |
+
- **Neural Information Protocol** and related AI/ML services
|
| 68 |
+
- **SaaS products and platforms** developed or operated by the Rights Holder
|
| 69 |
+
- **Mobile applications** published by the Rights Holder
|
| 70 |
+
- **API services and developer tools**
|
| 71 |
+
- **Educational platforms and content**
|
| 72 |
+
- **Community forums and collaboration spaces**
|
| 73 |
+
- **Any other digital services, products, or platforms** operated under the Rights Holder's authority
|
| 74 |
+
|
| 75 |
+
(Collectively referred to as the "**Services**")
|
| 76 |
+
|
| 77 |
+
### 1.2 Commitment to Privacy and Sovereignty
|
| 78 |
+
|
| 79 |
+
I am committed to:
|
| 80 |
+
|
| 81 |
+
- **Protecting your privacy** with industry-leading security measures and transparent practices
|
| 82 |
+
- **Respecting Indigenous Data Sovereignty** by implementing CARE Principles in all data governance
|
| 83 |
+
- **Empowering your control** over your personal information with comprehensive rights and choices
|
| 84 |
+
- **Maintaining transparency** about data practices through clear, accessible communication
|
| 85 |
+
- **Upholding cultural protocols** that honor Indigenous values and community wellbeing
|
| 86 |
+
- **Ensuring compliance** with all applicable privacy laws while asserting tribal jurisdiction primacy
|
| 87 |
+
|
| 88 |
+
### 1.3 Scope of Application
|
| 89 |
+
|
| 90 |
+
This Privacy Policy applies to:
|
| 91 |
+
|
| 92 |
+
- **All users** of the Services, regardless of location or access method
|
| 93 |
+
- **All personal data** collected through the Services or related communications
|
| 94 |
+
- **All data processing activities** conducted by the Rights Holder or authorized service providers
|
| 95 |
+
- **All third-party integrations** that process user data on behalf of the Services
|
| 96 |
+
|
| 97 |
+
This Privacy Policy does **NOT** apply to:
|
| 98 |
+
|
| 99 |
+
- Third-party websites, applications, or services linked from the Services (see Section 12)
|
| 100 |
+
- Information collected offline unless subsequently integrated into the Services
|
| 101 |
+
- Anonymized or aggregated data that cannot reasonably identify individuals
|
| 102 |
+
- Public information voluntarily posted by users in public forums (subject to separate community guidelines)
|
| 103 |
+
|
| 104 |
+
### 1.4 Agreement to Terms
|
| 105 |
+
|
| 106 |
+
By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by this Privacy Policy. If you do not agree with any provision of this Privacy Policy, you must immediately discontinue use of the Services.
|
| 107 |
+
|
| 108 |
+
---
|
| 109 |
+
|
| 110 |
+
## 2. DEFINITIONS
|
| 111 |
+
|
| 112 |
+
For purposes of this Privacy Policy, the following terms have the meanings specified below:
|
| 113 |
+
|
| 114 |
+
### 2.1 Core Privacy Terms
|
| 115 |
+
|
| 116 |
+
**"Personal Data" or "Personal Information":** Any information relating to an identified or identifiable natural person. This includes direct identifiers (name, email, phone number), indirect identifiers (IP address, device ID, cookies), and any data that can be linked to an individual through reasonable means.
|
| 117 |
+
|
| 118 |
+
**"Processing":** Any operation performed on Personal Data, including collection, recording, organization, structuring, storage, adaptation, retrieval, consultation, use, disclosure, transmission, restriction, erasure, or destruction.
|
| 119 |
+
|
| 120 |
+
**"Data Subject":** The identified or identifiable natural person to whom Personal Data relates (i.e., you, the user).
|
| 121 |
+
|
| 122 |
+
**"Data Controller":** The Rights Holder, who determines the purposes and means of Processing Personal Data.
|
| 123 |
+
|
| 124 |
+
**"Data Processor":** Any third-party service provider that Processes Personal Data on behalf of the Data Controller under documented instructions.
|
| 125 |
+
|
| 126 |
+
**"Consent":** Freely given, specific, informed, and unambiguous indication of your agreement to Processing of Personal Data, expressed through affirmative action (e.g., checking a box, clicking "I agree").
|
| 127 |
+
|
| 128 |
+
**"Sensitive Personal Data":** Special categories of Personal Data requiring enhanced protection, including data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data, health data, or data concerning sex life or sexual orientation.
|
| 129 |
+
|
| 130 |
+
### 2.2 Indigenous Data Sovereignty Terms
|
| 131 |
+
|
| 132 |
+
**"Indigenous Data":** Information or knowledge, in any format or medium, that is about or from Indigenous peoples, lands, resources, cultures, languages, Traditional Knowledge (TK), Traditional Cultural Expressions (TCEs), or that can be used to identify Indigenous individuals or communities.
|
| 133 |
+
|
| 134 |
+
**"Indigenous Data Sovereignty":** The inherent right and authority of Indigenous peoples to govern the collection, ownership, access, analysis, interpretation, management, dissemination, and reuse of Indigenous Data in accordance with Indigenous values, protocols, and self-determination.
|
| 135 |
+
|
| 136 |
+
**"CARE Principles":** The framework for Indigenous Data Governance encompassing:
|
| 137 |
+
- **C**ollective Benefit: Data ecosystems shall enable Indigenous peoples to derive benefit
|
| 138 |
+
- **A**uthority to Control: Indigenous peoples have rights and interests in their data
|
| 139 |
+
- **R**esponsibility: Those working with Indigenous data have responsibility to share how data is used
|
| 140 |
+
- **E**thics: Indigenous peoples' rights and wellbeing shall be primary concern
|
| 141 |
+
|
| 142 |
+
**"Traditional Knowledge (TK)":** The knowledge, innovations, and practices of Indigenous peoples passed down between generations, developed from experience gained over centuries and adapted to local culture and environment.
|
| 143 |
+
|
| 144 |
+
**"Traditional Cultural Expressions (TCEs)":** Any forms in which traditional culture and knowledge are expressed, appear, or are manifested, including tangible and intangible cultural heritage.
|
| 145 |
+
|
| 146 |
+
**"Cultural Protocols":** Indigenous community-specific rules, practices, and procedures governing appropriate use, access, sharing, and respect for cultural knowledge, data, and heritage.
|
| 147 |
+
|
| 148 |
+
### 2.3 Jurisdictional Terms
|
| 149 |
+
|
| 150 |
+
**"Tribal Sovereignty":** The inherent authority of Indigenous tribes to govern themselves, their members, their territories, and their resources, recognized under federal law and international law.
|
| 151 |
+
|
| 152 |
+
**"Federal Indian Law":** The body of U.S. federal law governing the relationship between the federal government, tribal nations, and states, including constitutional provisions, statutes, treaties, and case law.
|
| 153 |
+
|
| 154 |
+
**"Exclusive Jurisdiction":** Legal authority vested solely in tribal and/or federal courts, to the exclusion of state courts, over certain matters involving tribal sovereignty and Indigenous rights.
|
| 155 |
+
|
| 156 |
+
### 2.4 Technical Terms
|
| 157 |
+
|
| 158 |
+
**"Cookies":** Small text files placed on your device by websites to store information about your preferences, session data, or tracking identifiers.
|
| 159 |
+
|
| 160 |
+
**"Anonymization":** Process of removing or altering Personal Data such that the Data Subject can no longer be identified, directly or indirectly, rendering the data outside the scope of privacy laws.
|
| 161 |
+
|
| 162 |
+
**"Pseudonymization":** Processing Personal Data in such a way that it can no longer be attributed to a specific Data Subject without use of additional information kept separately under controlled conditions.
|
| 163 |
+
|
| 164 |
+
**"Encryption":** Process of encoding information so that only authorized parties can access it, protecting data confidentiality and integrity.
|
| 165 |
+
|
| 166 |
+
---
|
| 167 |
+
|
| 168 |
+
## 3. LEGAL FRAMEWORK AND JURISDICTION
|
| 169 |
+
|
| 170 |
+
### 3.1 Constitutional Supremacy Framework
|
| 171 |
+
|
| 172 |
+
This Privacy Policy operates under the constitutional supremacy framework established by **Article VI, Clause 2 of the United States Constitution** (the Supremacy Clause), which declares federal law to be the "supreme law of the land." Federal Indian law establishes exclusive federal jurisdiction over matters involving tribal sovereignty and Indigenous data governance.
|
| 173 |
+
|
| 174 |
+
**Federal Preemption:** This Privacy Policy invokes federal preemption to ensure that Indigenous Data Sovereignty principles and tribal jurisdiction are protected from state law interference or concurrent jurisdiction claims that would undermine federal protections for Indigenous data and cultural heritage.
|
| 175 |
+
|
| 176 |
+
### 3.2 Tribal Jurisdiction and Sovereign Immunity
|
| 177 |
+
|
| 178 |
+
**Tribal Court Primacy:** Any disputes arising from or relating to this Privacy Policy, including disputes concerning data collection, use, disclosure, security, or Indigenous Data Sovereignty principles, shall be subject to the **exclusive jurisdiction of the Grand Traverse Band of Ottawa and Chippewa Indians Tribal Court**, located in Peshawbestown, Michigan.
|
| 179 |
+
|
| 180 |
+
**Sovereign Immunity Preservation:** Nothing in this Privacy Policy constitutes a waiver of the Rights Holder's tribal sovereign immunity or the sovereign immunity of GTBOCI. The Rights Holder expressly reserves all sovereign immunity protections.
|
| 181 |
+
|
| 182 |
+
**Limited Waiver for Enforcement:** The Rights Holder may, in their sole discretion, elect to pursue enforcement actions in federal courts with established expertise in federal Indian law, but such election does not constitute a general waiver of sovereign immunity.
|
| 183 |
+
|
| 184 |
+
### 3.3 State Court Prohibition
|
| 185 |
+
|
| 186 |
+
**No State Jurisdiction:** State courts have **NO jurisdiction** over disputes arising from this Privacy Policy. Any attempt to invoke state court jurisdiction violates federal law and tribal sovereignty.
|
| 187 |
+
|
| 188 |
+
**Automatic Removal:** Any action filed in state court shall be subject to immediate removal to federal court under 28 U.S.C. § 1441, followed by transfer to tribal court or dismissal for lack of jurisdiction.
|
| 189 |
+
|
| 190 |
+
**Liquidated Damages for State Filings:** Filing any action in state court in violation of this jurisdictional provision subjects the filing party to liquidated damages of **$100,000** payable to the Rights Holder, plus all costs and attorneys' fees incurred in removal and jurisdictional challenges.
|
| 191 |
+
|
| 192 |
+
### 3.4 International Framework Integration
|
| 193 |
+
|
| 194 |
+
This Privacy Policy implements protections consistent with:
|
| 195 |
+
|
| 196 |
+
**a) UN Declaration on the Rights of Indigenous Peoples (UNDRIP):**
|
| 197 |
+
- Article 31: Right to maintain, control, protect, and develop cultural heritage, TK, TCEs, and intellectual property
|
| 198 |
+
- Article 32: Right to determine priorities for development or use of lands, territories, and resources
|
| 199 |
+
|
| 200 |
+
**b) WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge (2024):**
|
| 201 |
+
- Mandatory disclosure requirements for uses of TK
|
| 202 |
+
- Prior Informed Consent obligations
|
| 203 |
+
- Benefit-sharing arrangements
|
| 204 |
+
|
| 205 |
+
**c) General Data Protection Regulation (GDPR):**
|
| 206 |
+
- Enhanced rights for EU residents
|
| 207 |
+
- Lawful basis requirements for Processing
|
| 208 |
+
- Data protection by design and by default
|
| 209 |
+
|
| 210 |
+
**d) California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA):**
|
| 211 |
+
- Consumer rights to know, delete, and opt-out
|
| 212 |
+
- Prohibition on sale of Personal Data without consent
|
| 213 |
+
- Rights to correct inaccurate information
|
| 214 |
+
|
| 215 |
+
**e) Emerging Global Privacy Standards:**
|
| 216 |
+
- Brazil's Lei Geral de Proteção de Dados (LGPD)
|
| 217 |
+
- Canada's Personal Information Protection and Electronic Documents Act (PIPEDA)
|
| 218 |
+
- Virginia Consumer Data Protection Act (VCDPA) and similar state laws
|
| 219 |
+
|
| 220 |
+
### 3.5 Conflict Resolution Hierarchy
|
| 221 |
+
|
| 222 |
+
In the event of conflicts between privacy frameworks, the following hierarchy applies:
|
| 223 |
+
|
| 224 |
+
1. **Tribal sovereignty and Indigenous Data Sovereignty principles** (highest priority)
|
| 225 |
+
2. **Federal Indian law** protections
|
| 226 |
+
3. **International Indigenous rights instruments** (UNDRIP, WIPO Treaty)
|
| 227 |
+
4. **Federal privacy laws** (e.g., COPPA, HIPAA where applicable)
|
| 228 |
+
5. **State privacy laws** (CCPA, VCDPA, etc.)
|
| 229 |
+
6. **International privacy regulations** (GDPR, LGPD, etc.)
|
| 230 |
+
7. **Industry best practices** and voluntary standards
|
| 231 |
+
|
| 232 |
+
---
|
| 233 |
+
|
| 234 |
+
## 4. INFORMATION COLLECTION
|
| 235 |
+
|
| 236 |
+
### 4.1 Categories of Personal Data Collected
|
| 237 |
+
|
| 238 |
+
I collect and Process the following categories of Personal Data:
|
| 239 |
+
|
| 240 |
+
#### 4.1.1 Identity and Contact Data
|
| 241 |
+
- **Full legal name** and preferred name
|
| 242 |
+
- **Email address** (primary and secondary)
|
| 243 |
+
- **Phone number** (mobile and landline)
|
| 244 |
+
- **Mailing address** (street, city, state/province, postal code, country)
|
| 245 |
+
- **Username** and account identifiers
|
| 246 |
+
- **Profile photograph** or avatar
|
| 247 |
+
- **Government-issued identification** (only when legally required for age verification, compliance, or high-value transactions)
|
| 248 |
+
- **Tribal enrollment information** (voluntary, only for Indigenous users seeking community-specific services)
|
| 249 |
+
|
| 250 |
+
#### 4.1.2 Demographic and Preference Data
|
| 251 |
+
- **Date of birth** and age
|
| 252 |
+
- **Gender identity** and pronouns (optional)
|
| 253 |
+
- **Language preferences**
|
| 254 |
+
- **Accessibility needs** and accommodation requests
|
| 255 |
+
- **Communication preferences** (email frequency, notification settings)
|
| 256 |
+
- **Cultural affiliation** and Indigenous community membership (voluntary, for community services)
|
| 257 |
+
- **Professional or educational background** (when relevant to service provision)
|
| 258 |
+
|
| 259 |
+
#### 4.1.3 Technical and Device Data
|
| 260 |
+
- **IP address** (IPv4 and IPv6)
|
| 261 |
+
- **Device identifiers** (device ID, advertising ID, MAC address)
|
| 262 |
+
- **Browser type and version** (user agent string)
|
| 263 |
+
- **Operating system** and version
|
| 264 |
+
- **Device type** (desktop, mobile, tablet)
|
| 265 |
+
- **Screen resolution** and display settings
|
| 266 |
+
- **Time zone** and language settings
|
| 267 |
+
- **Referring URLs** and navigation paths
|
| 268 |
+
- **Cookie identifiers** and tracking parameters
|
| 269 |
+
|
| 270 |
+
#### 4.1.4 Usage and Behavioral Data
|
| 271 |
+
- **Pages visited** and content viewed
|
| 272 |
+
- **Features used** and interaction patterns
|
| 273 |
+
- **Time spent** on pages and in the Services
|
| 274 |
+
- **Search queries** and search history
|
| 275 |
+
- **Click patterns** and navigation flows
|
| 276 |
+
- **Error messages** and technical issues encountered
|
| 277 |
+
- **Session duration** and frequency of visits
|
| 278 |
+
- **Conversion events** and goal completions
|
| 279 |
+
|
| 280 |
+
#### 4.1.5 Transaction and Financial Data
|
| 281 |
+
- **Payment method information** (processed securely through third-party payment processors)
|
| 282 |
+
- **Billing address** and shipping address
|
| 283 |
+
- **Transaction history** and purchase records
|
| 284 |
+
- **Subscription tier** and billing cycle
|
| 285 |
+
- **Refund and dispute history**
|
| 286 |
+
- **Donation amounts** and frequency (for philanthropic contributions)
|
| 287 |
+
- **Tax identification information** (when legally required)
|
| 288 |
+
|
| 289 |
+
#### 4.1.6 Communication and Support Data
|
| 290 |
+
- **Support tickets** and help requests
|
| 291 |
+
- **Email correspondence** with the Rights Holder or support team
|
| 292 |
+
- **Chat transcripts** and messaging history
|
| 293 |
+
- **Feedback and survey responses**
|
| 294 |
+
- **User-generated content** posted to forums or community spaces
|
| 295 |
+
- **Testimonials and reviews** (with explicit consent)
|
| 296 |
+
|
| 297 |
+
#### 4.1.7 Professional and Business Data (for B2B Services)
|
| 298 |
+
- **Company name** and business registration information
|
| 299 |
+
- **Job title** and role
|
| 300 |
+
- **Business contact information**
|
| 301 |
+
- **Company size** and industry
|
| 302 |
+
- **Tax identification number** (EIN, VAT number)
|
| 303 |
+
- **Business relationship history**
|
| 304 |
+
|
| 305 |
+
#### 4.1.8 Indigenous Data (Collected Under CARE Principles)
|
| 306 |
+
- **Tribal affiliation** and enrollment status (voluntary)
|
| 307 |
+
- **Cultural practices** and protocols relevant to service customization
|
| 308 |
+
- **Traditional Knowledge permissions** and cultural sensitivities
|
| 309 |
+
- **Language preferences** in Indigenous languages
|
| 310 |
+
- **Community connections** for benefit-sharing purposes
|
| 311 |
+
- **Cultural heritage information** shared for research or educational purposes
|
| 312 |
+
|
| 313 |
+
**Special Protection:** All Indigenous Data is collected, stored, and Processed in accordance with Indigenous Data Sovereignty principles and CARE Principles (see Section 5).
|
| 314 |
+
|
| 315 |
+
### 4.2 Methods of Collection
|
| 316 |
+
|
| 317 |
+
#### 4.2.1 Direct Collection
|
| 318 |
+
I collect Personal Data directly from you through:
|
| 319 |
+
|
| 320 |
+
- **Account registration** and profile setup
|
| 321 |
+
- **Form submissions** (contact forms, support requests, surveys)
|
| 322 |
+
- **Email communications** and direct messages
|
| 323 |
+
- **Phone calls** and video conferences
|
| 324 |
+
- **In-person interactions** at events, conferences, or consultations
|
| 325 |
+
- **Subscription purchases** and transaction completions
|
| 326 |
+
- **User-generated content** uploads and submissions
|
| 327 |
+
- **Voluntary disclosure** in community forums or feedback channels
|
| 328 |
+
|
| 329 |
+
#### 4.2.2 Automatic Collection
|
| 330 |
+
I automatically collect certain data through:
|
| 331 |
+
|
| 332 |
+
- **Cookies and similar technologies** (see Section 11)
|
| 333 |
+
- **Server logs** recording access requests and responses
|
| 334 |
+
- **Analytics tools** tracking usage patterns and performance
|
| 335 |
+
- **Error tracking systems** capturing technical issues
|
| 336 |
+
- **Security monitoring tools** detecting anomalies and threats
|
| 337 |
+
- **Performance monitoring** measuring load times and responsiveness
|
| 338 |
+
|
| 339 |
+
#### 4.2.3 Third-Party Sources
|
| 340 |
+
I may receive Personal Data from:
|
| 341 |
+
|
| 342 |
+
- **Payment processors** confirming transactions
|
| 343 |
+
- **Authentication providers** (OAuth, SSO platforms)
|
| 344 |
+
- **Analytics services** providing aggregated insights
|
| 345 |
+
- **Marketing partners** with your consent
|
| 346 |
+
- **Public databases** for verification purposes
|
| 347 |
+
- **Social media platforms** when you connect accounts
|
| 348 |
+
- **Business partners** in joint ventures or collaborations
|
| 349 |
+
- **Tribal enrollment offices** (with your authorization) for verification
|
| 350 |
+
|
| 351 |
+
#### 4.2.4 Inferred and Derived Data
|
| 352 |
+
I may generate additional data through:
|
| 353 |
+
|
| 354 |
+
- **Analytics and profiling** to understand usage patterns
|
| 355 |
+
- **Predictive modeling** for service improvements
|
| 356 |
+
- **Segmentation** for personalized experiences
|
| 357 |
+
- **Aggregation** for statistical reporting
|
| 358 |
+
|
| 359 |
+
**Limitation:** I do NOT engage in high-risk profiling or automated decision-making with legal or similarly significant effects without explicit consent and human oversight (see Section 14).
|
| 360 |
+
|
| 361 |
+
### 4.3 Children's Privacy (COPPA Compliance)
|
| 362 |
+
|
| 363 |
+
**Age Restriction:** The Services are **NOT directed at children under 13 years of age**. I do not knowingly collect Personal Data from children under 13.
|
| 364 |
+
|
| 365 |
+
**Parental Consent Requirement:** If a service feature is made available to children ages 13-18, I will obtain verifiable parental consent before collecting Personal Data from minors, in compliance with applicable laws.
|
| 366 |
+
|
| 367 |
+
**Discovery and Deletion:** If I discover that I have inadvertently collected Personal Data from a child under 13 without parental consent, I will:
|
| 368 |
+
1. Immediately cease Processing that data
|
| 369 |
+
2. Delete the data from all systems within 30 days
|
| 370 |
+
3. Notify the parent/guardian if contact information is available
|
| 371 |
+
4. Implement additional safeguards to prevent future violations
|
| 372 |
+
|
| 373 |
+
**Reporting:** Parents or guardians who believe their child's Personal Data has been collected may contact privacy@in-digi-nous.com for immediate investigation and remediation.
|
| 374 |
+
|
| 375 |
+
### 4.4 Voluntary Disclosure and Consent
|
| 376 |
+
|
| 377 |
+
**Informed Consent:** Before collecting Sensitive Personal Data or Indigenous Data, I will:
|
| 378 |
+
- Clearly explain the purpose and use of the data
|
| 379 |
+
- Identify data recipients and retention periods
|
| 380 |
+
- Obtain explicit, affirmative consent
|
| 381 |
+
- Provide easy mechanisms to withdraw consent
|
| 382 |
+
|
| 383 |
+
**Optional Fields:** Many data fields are optional. You may choose not to provide certain information, though this may limit access to specific features or services.
|
| 384 |
+
|
| 385 |
+
**Right to Refuse:** You have the absolute right to refuse any data collection request. Refusal will not result in discrimination or denial of basic services, except where the data is strictly necessary for service provision.
|
| 386 |
+
|
| 387 |
+
---
|
| 388 |
+
|
| 389 |
+
## 5. INDIGENOUS DATA SOVEREIGNTY AND CARE PRINCIPLES
|
| 390 |
+
|
| 391 |
+
### 5.1 Foundation and Commitment
|
| 392 |
+
|
| 393 |
+
The Rights Holder is committed to implementing **Indigenous Data Sovereignty** throughout all data governance practices. This means recognizing and operationalizing the inherent right of Indigenous peoples to govern data about themselves, their communities, lands, resources, and cultures.
|
| 394 |
+
|
| 395 |
+
All Personal Data and Indigenous Data collected through the Services is governed by the **CARE Principles for Indigenous Data Governance**, developed by the Global Indigenous Data Alliance and endorsed by the Research Data Alliance International Indigenous Data Sovereignty Interest Group.
|
| 396 |
+
|
| 397 |
+
### 5.2 CARE Principle: Collective Benefit
|
| 398 |
+
|
| 399 |
+
**C - Data ecosystems shall be designed and function in ways that enable Indigenous peoples to derive benefit from the data.**
|
| 400 |
+
|
| 401 |
+
Implementation:
|
| 402 |
+
- **Benefit-Sharing:** Revenue generated from services involving Indigenous Data may be shared with relevant Indigenous communities through the ᐙᐸᓂᒥᑮ-ᑭᓇᐙᐸᑭᓯ (Waabanimikii-Kinawaabakizi) Legacy Trust or direct community partnerships
|
| 403 |
+
- **Community Access:** Indigenous communities have priority access to aggregated insights about their own data
|
| 404 |
+
- **Capacity Building:** Portion of proceeds supports Indigenous data literacy, digital sovereignty initiatives, and technology training
|
| 405 |
+
- **Value Creation:** Data is used to create services, research, and innovations that directly benefit Indigenous communities
|
| 406 |
+
- **Reciprocity:** Data relationships are reciprocal, ensuring that Indigenous data providers receive tangible returns
|
| 407 |
+
|
| 408 |
+
### 5.3 CARE Principle: Authority to Control
|
| 409 |
+
|
| 410 |
+
**A - Indigenous peoples' rights and interests in Indigenous data must be recognized and their authority to control such data must be empowered.**
|
| 411 |
+
|
| 412 |
+
Implementation:
|
| 413 |
+
- **Governance Authority:** Indigenous users and communities have enhanced rights to access, correct, delete, and control their Indigenous Data
|
| 414 |
+
- **Prior Informed Consent (PIC):** Explicit PIC required before any use of Indigenous Data beyond core service provision
|
| 415 |
+
- **Cultural Protocols:** Indigenous communities may establish specific protocols governing use of their data, which will be respected and enforced
|
| 416 |
+
- **Veto Power:** Indigenous data providers maintain the right to revoke consent and require data deletion at any time
|
| 417 |
+
- **Collective Rights:** Where data concerns Indigenous communities collectively, community representatives must approve uses
|
| 418 |
+
- **Sovereignty Recognition:** All data governance respects tribal sovereignty and Indigenous self-determination
|
| 419 |
+
|
| 420 |
+
### 5.4 CARE Principle: Responsibility
|
| 421 |
+
|
| 422 |
+
**R - Those working with Indigenous data have a responsibility to share how those data are used to support Indigenous peoples' self-determination and collective benefit.**
|
| 423 |
+
|
| 424 |
+
Implementation:
|
| 425 |
+
- **Transparency Reporting:** Annual Indigenous Data Sovereignty Reports detailing:
|
| 426 |
+
- How Indigenous Data was collected and used
|
| 427 |
+
- Benefits generated for Indigenous communities
|
| 428 |
+
- Security and protection measures implemented
|
| 429 |
+
- Compliance with cultural protocols
|
| 430 |
+
- **Accountable Use:** Regular audits ensure Indigenous Data is used only for stated purposes
|
| 431 |
+
- **Stakeholder Engagement:** Ongoing consultation with Indigenous data providers about data practices
|
| 432 |
+
- **Education:** Users are educated about Indigenous Data Sovereignty principles when providing data
|
| 433 |
+
- **Impact Assessment:** Assessment of potential impacts on Indigenous communities before implementing new data uses
|
| 434 |
+
|
| 435 |
+
### 5.5 CARE Principle: Ethics
|
| 436 |
+
|
| 437 |
+
**E - Indigenous peoples' rights and wellbeing should be the primary concern at all stages of the data life cycle and across the data ecosystem.**
|
| 438 |
+
|
| 439 |
+
Implementation:
|
| 440 |
+
- **Human Rights Framework:** All data practices align with UNDRIP and international Indigenous rights standards
|
| 441 |
+
- **Cultural Sensitivity:** Data Processing respects Indigenous cultural values, protocols, and sensitivities
|
| 442 |
+
- **Harm Prevention:** Continuous monitoring to prevent uses that could harm Indigenous individuals or communities
|
| 443 |
+
- **Sacred Knowledge Protection:** Absolute prohibition on Processing sacred, ceremonial, or culturally restricted information without proper authorization
|
| 444 |
+
- **Anti-Exploitation:** Zero tolerance for data practices that exploit, stereotype, or misrepresent Indigenous peoples
|
| 445 |
+
- **Wellbeing Priority:** When conflicts arise, Indigenous wellbeing takes precedence over commercial or research interests
|
| 446 |
+
|
| 447 |
+
### 5.6 Indigenous Data Classification and Handling
|
| 448 |
+
|
| 449 |
+
Indigenous Data is classified into tiers with corresponding protections:
|
| 450 |
+
|
| 451 |
+
**Tier 1 - Public Indigenous Data:**
|
| 452 |
+
- Voluntarily shared for public benefit
|
| 453 |
+
- Proper attribution and cultural context required
|
| 454 |
+
- Free circulation with Cultural Protocols respected
|
| 455 |
+
|
| 456 |
+
**Tier 2 - Community-Controlled Indigenous Data:**
|
| 457 |
+
- Shared within Indigenous communities
|
| 458 |
+
- Requires community permission for external use
|
| 459 |
+
- Subject to community-specific governance protocols
|
| 460 |
+
|
| 461 |
+
**Tier 3 - Restricted Indigenous Data:**
|
| 462 |
+
- Sensitive cultural or personal information
|
| 463 |
+
- Strict access controls and encryption
|
| 464 |
+
- Use limited to explicitly authorized purposes
|
| 465 |
+
- Regular review of continued necessity
|
| 466 |
+
|
| 467 |
+
**Tier 4 - Sacred/Ceremonial Indigenous Data:**
|
| 468 |
+
- Sacred knowledge or ceremonial information
|
| 469 |
+
- Absolute prohibition on unauthorized disclosure
|
| 470 |
+
- Access restricted to authorized cultural knowledge holders
|
| 471 |
+
- Special encryption and isolation measures
|
| 472 |
+
|
| 473 |
+
### 5.7 TK Labels and Cultural Notices
|
| 474 |
+
|
| 475 |
+
Where applicable, data may be marked with **Traditional Knowledge (TK) Labels** from Local Contexts (localcontexts.org) to communicate cultural protocols, including:
|
| 476 |
+
|
| 477 |
+
- **TK Community Use:** Data available for use within community only
|
| 478 |
+
- **TK Non-Commercial:** Data restricted to non-commercial uses
|
| 479 |
+
- **TK Attribution:** Specific attribution requirements
|
| 480 |
+
- **TK Seasonal:** Data restricted to certain times of year
|
| 481 |
+
- **TK Family:** Data restricted to family members
|
| 482 |
+
- **TK Verified:** Data verified by community authorities
|
| 483 |
+
|
| 484 |
+
These labels are legally binding and enforceable under this Privacy Policy and associated LICENSE terms.
|
| 485 |
+
|
| 486 |
+
### 5.8 Indigenous Data Repatriation Rights
|
| 487 |
+
|
| 488 |
+
Indigenous communities have the right to request **data repatriation**—the return of Indigenous Data to community control, including:
|
| 489 |
+
|
| 490 |
+
- Complete datasets about the community
|
| 491 |
+
- Derived analytics and insights
|
| 492 |
+
- Algorithms trained on community data
|
| 493 |
+
- All documentation and metadata
|
| 494 |
+
|
| 495 |
+
Repatriation requests will be fulfilled within 90 days, with all costs borne by the Rights Holder as a fundamental sovereignty obligation.
|
| 496 |
+
|
| 497 |
+
---
|
| 498 |
+
|
| 499 |
+
## 6. USE OF INFORMATION
|
| 500 |
+
|
| 501 |
+
### 6.1 Primary Purposes
|
| 502 |
+
|
| 503 |
+
I Process Personal Data for the following legitimate purposes:
|
| 504 |
+
|
| 505 |
+
#### 6.1.1 Service Provision and Performance
|
| 506 |
+
- **Account management:** Creating, maintaining, and securing user accounts
|
| 507 |
+
- **Service delivery:** Providing the core functionality of the Services
|
| 508 |
+
- **Transaction processing:** Completing purchases, subscriptions, and donations
|
| 509 |
+
- **Customer support:** Responding to inquiries, resolving issues, and providing assistance
|
| 510 |
+
- **Personalization:** Customizing user experience based on preferences and usage patterns
|
| 511 |
+
- **Communication:** Sending service notifications, updates, and requested information
|
| 512 |
+
|
| 513 |
+
#### 6.1.2 Service Improvement and Innovation
|
| 514 |
+
- **Analytics and research:** Understanding usage patterns to improve Services
|
| 515 |
+
- **Feature development:** Identifying needs and opportunities for new capabilities
|
| 516 |
+
- **Quality assurance:** Testing, debugging, and optimizing performance
|
| 517 |
+
- **User experience optimization:** A/B testing and usability improvements
|
| 518 |
+
- **Error detection:** Monitoring and resolving technical issues
|
| 519 |
+
|
| 520 |
+
#### 6.1.3 Security and Fraud Prevention
|
| 521 |
+
- **Security monitoring:** Detecting and preventing unauthorized access
|
| 522 |
+
- **Fraud detection:** Identifying and stopping fraudulent activities
|
| 523 |
+
- **Abuse prevention:** Enforcing Terms of Service and community guidelines
|
| 524 |
+
- **Risk assessment:** Evaluating and mitigating security risks
|
| 525 |
+
- **Incident response:** Investigating and responding to security incidents
|
| 526 |
+
|
| 527 |
+
#### 6.1.4 Legal and Compliance
|
| 528 |
+
- **Regulatory compliance:** Meeting legal obligations under applicable laws
|
| 529 |
+
- **Law enforcement cooperation:** Responding to valid legal requests
|
| 530 |
+
- **Rights enforcement:** Protecting intellectual property and contractual rights
|
| 531 |
+
- **Record keeping:** Maintaining required business and tax records
|
| 532 |
+
- **Dispute resolution:** Supporting legal claims, defenses, and investigations
|
| 533 |
+
|
| 534 |
+
#### 6.1.5 Marketing and Communications (With Consent)
|
| 535 |
+
- **Promotional communications:** Sending newsletters, product updates, and special offers
|
| 536 |
+
- **Market research:** Conducting surveys and gathering feedback
|
| 537 |
+
- **Event invitations:** Notifying users about webinars, conferences, and community events
|
| 538 |
+
- **Educational content:** Sharing resources, tutorials, and best practices
|
| 539 |
+
|
| 540 |
+
**Opt-Out:** You may opt out of marketing communications at any time (see Section 9.3).
|
| 541 |
+
|
| 542 |
+
#### 6.1.6 Indigenous Community Benefit
|
| 543 |
+
- **Cultural preservation:** Supporting documentation and revitalization of Indigenous knowledge
|
| 544 |
+
- **Community development:** Funding initiatives through benefit-sharing mechanisms
|
| 545 |
+
- **Research collaboration:** Partnering with Indigenous communities on relevant research
|
| 546 |
+
- **Capacity building:** Supporting Indigenous digital sovereignty and data literacy
|
| 547 |
+
- **Advocacy:** Using aggregated data to support Indigenous rights and policy development
|
| 548 |
+
|
| 549 |
+
### 6.2 Legal Basis for Processing (GDPR Compliance)
|
| 550 |
+
|
| 551 |
+
For users in the European Economic Area (EEA), UK, or Switzerland, I Process Personal Data based on the following lawful bases under GDPR:
|
| 552 |
+
|
| 553 |
+
**a) Consent:** You have given clear, affirmative consent for Processing for specific purposes (e.g., marketing communications, optional features).
|
| 554 |
+
|
| 555 |
+
**b) Contract Performance:** Processing is necessary to perform a contract with you (e.g., providing Services you've subscribed to).
|
| 556 |
+
|
| 557 |
+
**c) Legal Obligation:** Processing is necessary to comply with legal obligations (e.g., tax records, law enforcement requests).
|
| 558 |
+
|
| 559 |
+
**d) Legitimate Interests:** Processing is necessary for legitimate interests pursued by the Rights Holder or third parties, except where overridden by your fundamental rights and freedoms. Legitimate interests include:
|
| 560 |
+
- Improving and securing the Services
|
| 561 |
+
- Direct marketing to existing customers
|
| 562 |
+
- Fraud prevention and security
|
| 563 |
+
- Internal administration and business operations
|
| 564 |
+
- Network and information security
|
| 565 |
+
|
| 566 |
+
**e) Vital Interests:** Processing is necessary to protect your vital interests or those of another person (e.g., emergency situations).
|
| 567 |
+
|
| 568 |
+
**f) Public Interest:** Processing is necessary for tasks carried out in the public interest, including Indigenous cultural preservation and community benefit.
|
| 569 |
+
|
| 570 |
+
### 6.3 Data Minimization Principle
|
| 571 |
+
|
| 572 |
+
I adhere to the principle of **data minimization**, collecting only Personal Data that is:
|
| 573 |
+
- **Adequate:** Sufficient to fulfill the stated purpose
|
| 574 |
+
- **Relevant:** Directly related to the purpose
|
| 575 |
+
- **Limited:** Not excessive for the purpose
|
| 576 |
+
|
| 577 |
+
Unnecessary data is not collected, and collected data is regularly reviewed for continued relevance.
|
| 578 |
+
|
| 579 |
+
### 6.4 Purpose Limitation
|
| 580 |
+
|
| 581 |
+
Personal Data collected for one purpose will **NOT** be used for an incompatible purpose without:
|
| 582 |
+
- Obtaining new consent
|
| 583 |
+
- Establishing a new lawful basis under applicable law
|
| 584 |
+
- Providing clear notice of the new use
|
| 585 |
+
|
| 586 |
+
### 6.5 Prohibited Uses
|
| 587 |
+
|
| 588 |
+
I will **NEVER** use your Personal Data for:
|
| 589 |
+
|
| 590 |
+
- **Sale to data brokers:** Your data is never sold to third-party data brokers
|
| 591 |
+
- **Discrimination:** Making decisions that illegally discriminate based on protected characteristics
|
| 592 |
+
- **Harassment:** Enabling stalking, harassment, or unwanted contact
|
| 593 |
+
- **Surveillance:** Unauthorized monitoring or tracking beyond necessary security measures
|
| 594 |
+
- **Manipulation:** Exploiting psychological vulnerabilities or using dark patterns
|
| 595 |
+
- **Cultural appropriation:** Misusing Indigenous Data in ways that appropriate or stereotype
|
| 596 |
+
- **Harm to Indigenous communities:** Any use that could harm Indigenous individuals or communities
|
| 597 |
+
- **Violation of tribal sovereignty:** Uses that undermine tribal self-determination or authority
|
| 598 |
+
|
| 599 |
+
---
|
| 600 |
+
|
| 601 |
+
## 7. INFORMATION SHARING AND DISCLOSURE
|
| 602 |
+
|
| 603 |
+
### 7.1 Principles of Data Sharing
|
| 604 |
+
|
| 605 |
+
**Default Position:** I do **NOT** sell, rent, or lease your Personal Data to third parties. Your privacy is not a commodity.
|
| 606 |
+
|
| 607 |
+
**Limited Sharing:** Personal Data is shared only when:
|
| 608 |
+
- Necessary for service provision
|
| 609 |
+
- Required by law
|
| 610 |
+
- Authorized by you through explicit consent
|
| 611 |
+
- Essential for protecting rights and safety
|
| 612 |
+
|
| 613 |
+
### 7.2 Service Providers and Data Processors
|
| 614 |
+
|
| 615 |
+
I engage trusted third-party service providers to perform functions on my behalf. These Data Processors have access to Personal Data only to the extent necessary to perform their functions and are contractually obligated to:
|
| 616 |
+
|
| 617 |
+
- Process data only according to documented instructions
|
| 618 |
+
- Implement appropriate security measures
|
| 619 |
+
- Maintain confidentiality
|
| 620 |
+
- Delete or return data upon contract termination
|
| 621 |
+
- Comply with applicable privacy laws
|
| 622 |
+
|
| 623 |
+
**Categories of Service Providers:**
|
| 624 |
+
|
| 625 |
+
#### 7.2.1 Infrastructure and Hosting
|
| 626 |
+
- Cloud hosting providers (e.g., AWS, Google Cloud, Microsoft Azure)
|
| 627 |
+
- Content delivery networks (CDNs)
|
| 628 |
+
- Database management services
|
| 629 |
+
- Backup and disaster recovery providers
|
| 630 |
+
|
| 631 |
+
**Current Providers:** [List maintained at https://in-digi-nous.com/privacy/service-providers]
|
| 632 |
+
|
| 633 |
+
#### 7.2.2 Payment Processing
|
| 634 |
+
- Payment gateway providers (e.g., Stripe, PayPal, Square)
|
| 635 |
+
- Subscription management platforms
|
| 636 |
+
- Fraud detection services
|
| 637 |
+
- Financial reconciliation tools
|
| 638 |
+
|
| 639 |
+
**Data Shared:** Transaction details, payment method information (tokenized), billing address
|
| 640 |
+
|
| 641 |
+
**Security:** All payment processors are PCI-DSS compliant
|
| 642 |
+
|
| 643 |
+
#### 7.2.3 Communications
|
| 644 |
+
- Email service providers (e.g., SendGrid, Mailchimp)
|
| 645 |
+
- SMS/text messaging services
|
| 646 |
+
- Customer support platforms (e.g., Zendesk, Intercom)
|
| 647 |
+
- Video conferencing tools (e.g., Zoom, Microsoft Teams)
|
| 648 |
+
|
| 649 |
+
#### 7.2.4 Analytics and Performance
|
| 650 |
+
- Web analytics platforms (e.g., Google Analytics, Plausible)
|
| 651 |
+
- Application performance monitoring (e.g., New Relic, Datadog)
|
| 652 |
+
- Error tracking services (e.g., Sentry)
|
| 653 |
+
- Heat mapping and session recording tools (with anonymization)
|
| 654 |
+
|
| 655 |
+
**Privacy-Preserving Analytics:** Where possible, I use privacy-focused analytics that anonymize IP addresses and do not track across sites.
|
| 656 |
+
|
| 657 |
+
#### 7.2.5 Marketing and Advertising (With Consent)
|
| 658 |
+
- Marketing automation platforms
|
| 659 |
+
- Social media advertising platforms
|
| 660 |
+
- Retargeting and conversion tracking services
|
| 661 |
+
|
| 662 |
+
**Opt-Out:** You can opt out of targeted advertising (see Section 9.3).
|
| 663 |
+
|
| 664 |
+
#### 7.2.6 Security and Fraud Prevention
|
| 665 |
+
- Identity verification services
|
| 666 |
+
- Fraud detection platforms
|
| 667 |
+
- Security monitoring tools
|
| 668 |
+
- DDoS protection services
|
| 669 |
+
|
| 670 |
+
### 7.3 Legal and Regulatory Disclosures
|
| 671 |
+
|
| 672 |
+
I may disclose Personal Data when required by law or when I believe in good faith that disclosure is necessary to:
|
| 673 |
+
|
| 674 |
+
**a) Comply with Legal Obligations:**
|
| 675 |
+
- Court orders, subpoenas, or legal process
|
| 676 |
+
- Regulatory investigations or audits
|
| 677 |
+
- Tax reporting requirements
|
| 678 |
+
- Law enforcement requests (with appropriate legal basis)
|
| 679 |
+
|
| 680 |
+
**Legal Request Principles:**
|
| 681 |
+
- **Tribal jurisdiction priority:** Legal requests concerning Indigenous Data or tribal matters must be directed to GTBOCI Tribal Court
|
| 682 |
+
- **Federal preemption:** State law enforcement requests are subject to federal Indian law limitations
|
| 683 |
+
- **Narrow scope:** Requests must be specific and legally sufficient
|
| 684 |
+
- **User notification:** Users will be notified of legal requests unless prohibited by law or court order
|
| 685 |
+
- **Transparency reporting:** Annual reports on legal requests received and complied with
|
| 686 |
+
|
| 687 |
+
**b) Protect Rights and Safety:**
|
| 688 |
+
- Enforce Terms of Service or LICENSE agreements
|
| 689 |
+
- Investigate potential violations or fraud
|
| 690 |
+
- Protect against legal liability
|
| 691 |
+
- Defend legal claims or actions
|
| 692 |
+
- Prevent harm to individuals or public safety
|
| 693 |
+
|
| 694 |
+
**c) Tribal Sovereignty Protection:**
|
| 695 |
+
- Report violations to GTBOCI authorities
|
| 696 |
+
- Cooperate with tribal law enforcement
|
| 697 |
+
- Support tribal regulatory enforcement
|
| 698 |
+
- Comply with tribal court orders
|
| 699 |
+
|
| 700 |
+
### 7.4 Business Transfers
|
| 701 |
+
|
| 702 |
+
In the event of a merger, acquisition, reorganization, bankruptcy, or sale of assets:
|
| 703 |
+
|
| 704 |
+
**a) Successor Obligations:** Any acquiring entity must:
|
| 705 |
+
- Honor this Privacy Policy or provide 90 days notice of changes
|
| 706 |
+
- Maintain the same level of data protection
|
| 707 |
+
- Respect Indigenous Data Sovereignty principles
|
| 708 |
+
- Preserve CARE Principles implementation
|
| 709 |
+
- Obtain GTBOCI approval for transfers involving Indigenous Data
|
| 710 |
+
|
| 711 |
+
**b) User Notification:** You will be notified via email and prominent website notice at least 60 days before any ownership transfer.
|
| 712 |
+
|
| 713 |
+
**c) Opt-Out Right:** You may delete your account and request data deletion before the transfer completes.
|
| 714 |
+
|
| 715 |
+
**d) Tribal Sovereignty Preservation:** The acquiring entity must acknowledge and agree to tribal jurisdiction and sovereign immunity provisions.
|
| 716 |
+
|
| 717 |
+
### 7.5 Aggregate and Anonymized Data
|
| 718 |
+
|
| 719 |
+
I may share **aggregated, anonymized, or de-identified data** that cannot reasonably identify individuals:
|
| 720 |
+
|
| 721 |
+
- Industry benchmarks and trends
|
| 722 |
+
- Research publications and presentations
|
| 723 |
+
- Public reports on service usage
|
| 724 |
+
- Statistical analysis for policy advocacy
|
| 725 |
+
|
| 726 |
+
**Re-Identification Prohibition:** Recipients are contractually prohibited from attempting to re-identify individuals from anonymized data.
|
| 727 |
+
|
| 728 |
+
**Indigenous Data Protections:** Even when anonymized, Indigenous Data shared publicly includes:
|
| 729 |
+
- Cultural context and appropriate attribution
|
| 730 |
+
- Compliance with community protocols
|
| 731 |
+
- Benefit-sharing arrangements where applicable
|
| 732 |
+
|
| 733 |
+
### 7.6 No Sale of Personal Data
|
| 734 |
+
|
| 735 |
+
**Explicit Prohibition:** I do **NOT** sell Personal Data, as defined by CCPA and other privacy laws.
|
| 736 |
+
|
| 737 |
+
**Advertising Exception:** If targeted advertising is used (with your consent), advertising partners may receive limited identifiers (cookies, device IDs). This does NOT constitute a "sale" under most privacy laws, but you may opt out regardless (see Section 9.3).
|
| 738 |
+
|
| 739 |
+
### 7.7 International Transfers
|
| 740 |
+
|
| 741 |
+
Personal Data may be transferred to and processed in countries other than your country of residence. When transferring data internationally, I ensure adequate protection through:
|
| 742 |
+
|
| 743 |
+
- **Standard Contractual Clauses (SCCs):** EU-approved contract terms for GDPR compliance
|
| 744 |
+
- **Adequacy Decisions:** Relying on jurisdictions deemed adequate by relevant authorities
|
| 745 |
+
- **Binding Corporate Rules:** For intra-organizational transfers
|
| 746 |
+
- **Indigenous Data Sovereignty Preservation:** International transfers of Indigenous Data require additional community authorization
|
| 747 |
+
|
| 748 |
+
See Section 10 for detailed international transfer provisions.
|
| 749 |
+
|
| 750 |
+
### 7.8 Transparency and Accountability
|
| 751 |
+
|
| 752 |
+
**Data Sharing Registry:** I maintain an internal registry of all data sharing arrangements, reviewed quarterly for compliance and necessity.
|
| 753 |
+
|
| 754 |
+
**Annual Transparency Report:** Published annually, disclosing:
|
| 755 |
+
- Categories and volumes of data shared
|
| 756 |
+
- Legal requests received and complied with
|
| 757 |
+
- Security incidents and responses
|
| 758 |
+
- Indigenous Data Sovereignty compliance metrics
|
| 759 |
+
|
| 760 |
+
---
|
| 761 |
+
|
| 762 |
+
## 8. DATA STORAGE, SECURITY, AND RETENTION
|
| 763 |
+
|
| 764 |
+
### 8.1 Data Storage Locations
|
| 765 |
+
|
| 766 |
+
Personal Data is primarily stored in:
|
| 767 |
+
|
| 768 |
+
**a) United States:** Servers located in Michigan (tribal territory) and other U.S. locations, subject to U.S. federal law and tribal jurisdiction.
|
| 769 |
+
|
| 770 |
+
**b) Trusted Cloud Providers:** Infrastructure-as-a-Service (IaaS) providers with SOC 2 Type II certification, operating under strict data processing agreements.
|
| 771 |
+
|
| 772 |
+
**c) Backup Locations:** Encrypted backups stored in geographically distributed locations for disaster recovery.
|
| 773 |
+
|
| 774 |
+
**Data Residency Requests:** Users in certain jurisdictions may request data residency within specific regions where technically feasible.
|
| 775 |
+
|
| 776 |
+
### 8.2 Security Measures
|
| 777 |
+
|
| 778 |
+
I implement comprehensive security measures following industry best practices:
|
| 779 |
+
|
| 780 |
+
#### 8.2.1 Technical Security Controls
|
| 781 |
+
|
| 782 |
+
**Encryption:**
|
| 783 |
+
- **In Transit:** TLS 1.3 or higher for all data transmissions
|
| 784 |
+
- **At Rest:** AES-256 encryption for all stored Personal Data
|
| 785 |
+
- **End-to-End:** Available for sensitive communications where applicable
|
| 786 |
+
- **Key Management:** Hardware security modules (HSMs) and key rotation policies
|
| 787 |
+
|
| 788 |
+
**Access Controls:**
|
| 789 |
+
- Role-based access control (RBAC) limiting data access to authorized personnel
|
| 790 |
+
- Multi-factor authentication (MFA) required for administrative access
|
| 791 |
+
- Principle of least privilege enforced across all systems
|
| 792 |
+
- Regular access reviews and revocation of unnecessary permissions
|
| 793 |
+
|
| 794 |
+
**Network Security:**
|
| 795 |
+
- Firewalls and intrusion detection/prevention systems (IDS/IPS)
|
| 796 |
+
- DDoS protection and traffic filtering
|
| 797 |
+
- Network segmentation isolating sensitive data
|
| 798 |
+
- Virtual Private Networks (VPNs) for remote access
|
| 799 |
+
|
| 800 |
+
**Application Security:**
|
| 801 |
+
- Secure coding practices and code reviews
|
| 802 |
+
- Regular security testing and penetration testing
|
| 803 |
+
- Input validation and output encoding
|
| 804 |
+
- Protection against OWASP Top 10 vulnerabilities
|
| 805 |
+
- Security headers and Content Security Policy (CSP)
|
| 806 |
+
|
| 807 |
+
**Monitoring and Logging:**
|
| 808 |
+
- 24/7 security monitoring and alerting
|
| 809 |
+
- Comprehensive logging of access and activities
|
| 810 |
+
- Anomaly detection and behavioral analysis
|
| 811 |
+
- Security Information and Event Management (SIEM) integration
|
| 812 |
+
|
| 813 |
+
#### 8.2.2 Organizational Security Controls
|
| 814 |
+
|
| 815 |
+
**Personnel Security:**
|
| 816 |
+
- Background checks for personnel with data access
|
| 817 |
+
- Security awareness training for all staff
|
| 818 |
+
- Confidentiality and non-disclosure agreements
|
| 819 |
+
- Limited personnel with Personal Data access
|
| 820 |
+
|
| 821 |
+
**Vendor Management:**
|
| 822 |
+
- Due diligence and security assessments for all vendors
|
| 823 |
+
- Contractual security and privacy obligations
|
| 824 |
+
- Regular vendor audits and compliance verification
|
| 825 |
+
- Vendor risk ratings and monitoring
|
| 826 |
+
|
| 827 |
+
**Incident Response:**
|
| 828 |
+
- Documented incident response plan
|
| 829 |
+
- Incident response team with defined roles
|
| 830 |
+
- Regular incident response drills and simulations
|
| 831 |
+
- Post-incident analysis and improvement
|
| 832 |
+
|
| 833 |
+
**Business Continuity:**
|
| 834 |
+
- Disaster recovery plan tested annually
|
| 835 |
+
- Backup and restoration procedures
|
| 836 |
+
- Redundant systems and failover capabilities
|
| 837 |
+
- Recovery time objectives (RTO) and recovery point objectives (RPO)
|
| 838 |
+
|
| 839 |
+
#### 8.2.3 Enhanced Protections for Indigenous Data
|
| 840 |
+
|
| 841 |
+
**Cultural Security:**
|
| 842 |
+
- Cultural competency training for personnel handling Indigenous Data
|
| 843 |
+
- Restricted access based on cultural protocols
|
| 844 |
+
- Special handling procedures for sacred or sensitive information
|
| 845 |
+
- Community consultation for security measure design
|
| 846 |
+
|
| 847 |
+
**Sovereignty Protections:**
|
| 848 |
+
- Data isolation for Indigenous community data
|
| 849 |
+
- Tribal authority approval for access to restricted data
|
| 850 |
+
- Enhanced encryption for sacred knowledge
|
| 851 |
+
- Regular security audits with Indigenous oversight
|
| 852 |
+
|
| 853 |
+
### 8.3 Data Retention
|
| 854 |
+
|
| 855 |
+
**Retention Principles:**
|
| 856 |
+
- Data is retained only as long as necessary for stated purposes
|
| 857 |
+
- Retention periods are documented and enforced
|
| 858 |
+
- Data is securely deleted when no longer needed
|
| 859 |
+
- Regular reviews identify data eligible for deletion
|
| 860 |
+
|
| 861 |
+
**Retention Periods by Data Category:**
|
| 862 |
+
|
| 863 |
+
| Data Category | Retention Period | Rationale |
|
| 864 |
+
|---------------|------------------|-----------|
|
| 865 |
+
| Account Information | Duration of account + 30 days | Service provision, account recovery |
|
| 866 |
+
| Transaction Records | 7 years | Tax and legal compliance |
|
| 867 |
+
| Support Communications | 3 years after resolution | Quality assurance, dispute resolution |
|
| 868 |
+
| Usage Logs | 1 year | Security monitoring, service improvement |
|
| 869 |
+
| Marketing Communications | Until opt-out + 30 days | Communication preferences |
|
| 870 |
+
| Anonymous Analytics | Indefinite | No personal identification possible |
|
| 871 |
+
| Indigenous Data (Restricted) | Per community protocols | Respect for cultural governance |
|
| 872 |
+
|
| 873 |
+
**Early Deletion Requests:** You may request deletion before standard retention periods (see Section 9.2).
|
| 874 |
+
|
| 875 |
+
**Legal Hold:** Retention periods may be extended when data is subject to legal obligations, investigations, or litigation.
|
| 876 |
+
|
| 877 |
+
### 8.4 Secure Data Deletion
|
| 878 |
+
|
| 879 |
+
When Personal Data is deleted:
|
| 880 |
+
|
| 881 |
+
**Deletion Methods:**
|
| 882 |
+
- **Logical Deletion:** Immediate removal from production systems and user interfaces
|
| 883 |
+
- **Physical Deletion:** Secure overwriting or cryptographic erasure within 90 days
|
| 884 |
+
- **Backup Purging:** Removal from backups according to backup rotation schedules (typically within 180 days)
|
| 885 |
+
|
| 886 |
+
**Verification:**
|
| 887 |
+
- Deletion completion verification and documentation
|
| 888 |
+
- Audit logs of deletion activities
|
| 889 |
+
- Certification of deletion upon request
|
| 890 |
+
|
| 891 |
+
**Limitations:**
|
| 892 |
+
- Anonymized data may be retained indefinitely
|
| 893 |
+
- Aggregated statistical data without Personal Data may be retained
|
| 894 |
+
- Legal requirements may mandate retention despite deletion requests
|
| 895 |
+
|
| 896 |
+
### 8.5 Security Limitations and User Responsibilities
|
| 897 |
+
|
| 898 |
+
**No Absolute Security:** Despite robust measures, no system is 100% secure. I cannot guarantee absolute security of Personal Data.
|
| 899 |
+
|
| 900 |
+
**User Responsibilities:**
|
| 901 |
+
- Keep account credentials confidential and secure
|
| 902 |
+
- Use strong, unique passwords
|
| 903 |
+
- Enable multi-factor authentication when available
|
| 904 |
+
- Promptly report suspected security incidents
|
| 905 |
+
- Keep contact information current for security notifications
|
| 906 |
+
- Follow security best practices when accessing Services
|
| 907 |
+
|
| 908 |
+
**Shared Responsibility:** Security is a shared responsibility between the Rights Holder and users.
|
| 909 |
+
|
| 910 |
+
---
|
| 911 |
+
|
| 912 |
+
## 9. YOUR RIGHTS AND CHOICES
|
| 913 |
+
|
| 914 |
+
### 9.1 Universal Rights
|
| 915 |
+
|
| 916 |
+
Regardless of location, all users have the following rights:
|
| 917 |
+
|
| 918 |
+
#### 9.1.1 Right to Access
|
| 919 |
+
- **Request copies** of your Personal Data
|
| 920 |
+
- **Receive information** about how your data is Processed
|
| 921 |
+
- **Obtain details** about data sharing and recipients
|
| 922 |
+
- **Access in portable format** (machine-readable, commonly used format)
|
| 923 |
+
|
| 924 |
+
**How to Exercise:** Email privacy@in-digi-nous.com with subject line "Data Access Request"
|
| 925 |
+
|
| 926 |
+
**Response Time:** Within 30 days (may be extended to 60 days for complex requests with notice)
|
| 927 |
+
|
| 928 |
+
#### 9.1.2 Right to Rectification
|
| 929 |
+
- **Correct inaccurate** Personal Data
|
| 930 |
+
- **Complete incomplete** Personal Data
|
| 931 |
+
- **Update outdated** information
|
| 932 |
+
|
| 933 |
+
**How to Exercise:** Update via account settings or email privacy@in-digi-nous.com
|
| 934 |
+
|
| 935 |
+
**Response Time:** Immediate for account updates; within 30 days for verification-required updates
|
| 936 |
+
|
| 937 |
+
#### 9.1.3 Right to Deletion ("Right to be Forgotten")
|
| 938 |
+
- **Request deletion** of your Personal Data
|
| 939 |
+
- **Account closure** with full data removal
|
| 940 |
+
- **Exceptions apply** for legal obligations, dispute resolution, security, and fraud prevention
|
| 941 |
+
|
| 942 |
+
**How to Exercise:** Email privacy@in-digi-nous.com with subject line "Data Deletion Request"
|
| 943 |
+
|
| 944 |
+
**Response Time:** Within 30 days (data removal within 90 days)
|
| 945 |
+
|
| 946 |
+
**Limitations:**
|
| 947 |
+
- Legal or contractual retention requirements
|
| 948 |
+
- Ongoing disputes or investigations
|
| 949 |
+
- Security and fraud prevention needs
|
| 950 |
+
- Anonymized data (cannot identify you)
|
| 951 |
+
|
| 952 |
+
#### 9.1.4 Right to Object
|
| 953 |
+
- **Object to Processing** based on legitimate interests
|
| 954 |
+
- **Opt out of marketing** communications
|
| 955 |
+
- **Withdraw consent** for consent-based Processing
|
| 956 |
+
- **Restrict certain uses** of your data
|
| 957 |
+
|
| 958 |
+
**How to Exercise:** Email privacy@in-digi-nous.com or use unsubscribe links in communications
|
| 959 |
+
|
| 960 |
+
#### 9.1.5 Right to Data Portability
|
| 961 |
+
- **Receive your data** in structured, machine-readable format
|
| 962 |
+
- **Transfer data** to another service provider
|
| 963 |
+
- **Direct transmission** where technically feasible
|
| 964 |
+
|
| 965 |
+
**How to Exercise:** Email privacy@in-digi-nous.com with subject line "Data Portability Request"
|
| 966 |
+
|
| 967 |
+
**Format:** JSON, CSV, or other commonly used formats
|
| 968 |
+
|
| 969 |
+
#### 9.1.6 Right to Restrict Processing
|
| 970 |
+
- **Limit Processing** to storage only while disputes are resolved
|
| 971 |
+
- **Challenge accuracy** of data during verification
|
| 972 |
+
- **Object to deletion** but request restriction instead
|
| 973 |
+
|
| 974 |
+
**How to Exercise:** Email privacy@in-digi-nous.com with specific restriction request
|
| 975 |
+
|
| 976 |
+
#### 9.1.7 Rights Related to Automated Decision-Making
|
| 977 |
+
- **Not be subject** to solely automated decisions with significant effects
|
| 978 |
+
- **Request human review** of automated decisions
|
| 979 |
+
- **Receive explanation** of automated decision logic
|
| 980 |
+
- **Challenge and contest** automated decisions
|
| 981 |
+
|
| 982 |
+
(See Section 14 for detailed AI and automated decision-making provisions)
|
| 983 |
+
|
| 984 |
+
### 9.2 Enhanced Rights for Indigenous Data Subjects
|
| 985 |
+
|
| 986 |
+
Indigenous users and community members have additional rights:
|
| 987 |
+
|
| 988 |
+
#### 9.2.1 Cultural Authority Rights
|
| 989 |
+
- **Invoke cultural protocols** governing data use
|
| 990 |
+
- **Apply TK Labels** to your Indigenous Data
|
| 991 |
+
- **Request cultural review** of data uses
|
| 992 |
+
- **Designate community representatives** for collective data governance
|
| 993 |
+
|
| 994 |
+
#### 9.2.2 Sovereignty-Based Rights
|
| 995 |
+
- **Invoke tribal jurisdiction** for dispute resolution
|
| 996 |
+
- **Request tribal court** adjudication of rights
|
| 997 |
+
- **Assert sovereign immunity** protections
|
| 998 |
+
- **Demand compliance** with CARE Principles
|
| 999 |
+
|
| 1000 |
+
#### 9.2.3 Collective Rights
|
| 1001 |
+
- **Represent community interests** in data governance
|
| 1002 |
+
- **Request community consultation** for significant data uses
|
| 1003 |
+
- **Participate in benefit-sharing** decisions
|
| 1004 |
+
- **Access aggregated community data** (where authorized)
|
| 1005 |
+
|
| 1006 |
+
### 9.3 Jurisdiction-Specific Rights
|
| 1007 |
+
|
| 1008 |
+
#### 9.3.1 California Residents (CCPA/CPRA Rights)
|
| 1009 |
+
|
| 1010 |
+
**Right to Know:**
|
| 1011 |
+
- Categories of Personal Data collected
|
| 1012 |
+
- Categories of sources of Personal Data
|
| 1013 |
+
- Business or commercial purposes for collecting data
|
| 1014 |
+
- Categories of third parties with whom data is shared
|
| 1015 |
+
- Specific pieces of Personal Data collected
|
| 1016 |
+
|
| 1017 |
+
**Right to Delete:**
|
| 1018 |
+
- Request deletion of Personal Data (subject to exceptions)
|
| 1019 |
+
|
| 1020 |
+
**Right to Opt-Out:**
|
| 1021 |
+
- Opt out of "sale" or "sharing" of Personal Data (Note: I do not sell data)
|
| 1022 |
+
- Opt out of targeted advertising
|
| 1023 |
+
- Limit use of Sensitive Personal Data
|
| 1024 |
+
|
| 1025 |
+
**Right to Correct:**
|
| 1026 |
+
- Request correction of inaccurate Personal Data
|
| 1027 |
+
|
| 1028 |
+
**Right to Limit Use of Sensitive Personal Data:**
|
| 1029 |
+
- Restrict use of Sensitive Personal Data to necessary purposes
|
| 1030 |
+
|
| 1031 |
+
**Right to Non-Discrimination:**
|
| 1032 |
+
- Not be discriminated against for exercising privacy rights
|
| 1033 |
+
- No denial of service, different pricing, or degraded experience
|
| 1034 |
+
|
| 1035 |
+
**Authorized Agent:** You may designate an authorized agent to make requests on your behalf by providing written authorization.
|
| 1036 |
+
|
| 1037 |
+
**Verification:** Requests require identity verification to protect against fraudulent requests.
|
| 1038 |
+
|
| 1039 |
+
**How to Exercise:** Complete form at https://in-digi-nous.com/privacy/ccpa-request or email privacy@in-digi-nous.com
|
| 1040 |
+
|
| 1041 |
+
**Response Time:** Within 45 days (may extend to 90 days with notice)
|
| 1042 |
+
|
| 1043 |
+
#### 9.3.2 European Residents (GDPR Rights)
|
| 1044 |
+
|
| 1045 |
+
**Right of Access (Article 15):**
|
| 1046 |
+
- Obtain confirmation of Processing
|
| 1047 |
+
- Access Personal Data and supplementary information
|
| 1048 |
+
|
| 1049 |
+
**Right to Rectification (Article 16):**
|
| 1050 |
+
- Correct inaccurate Personal Data
|
| 1051 |
+
- Complete incomplete data
|
| 1052 |
+
|
| 1053 |
+
**Right to Erasure (Article 17):**
|
| 1054 |
+
- Request deletion under specific grounds:
|
| 1055 |
+
- Data no longer necessary
|
| 1056 |
+
- Consent withdrawn
|
| 1057 |
+
- Unlawful Processing
|
| 1058 |
+
- Legal obligation to delete
|
| 1059 |
+
|
| 1060 |
+
**Right to Restriction (Article 18):**
|
| 1061 |
+
- Restrict Processing while:
|
| 1062 |
+
- Accuracy is contested
|
| 1063 |
+
- Processing is unlawful but deletion not desired
|
| 1064 |
+
- Data needed for legal claims
|
| 1065 |
+
|
| 1066 |
+
**Right to Data Portability (Article 20):**
|
| 1067 |
+
- Receive data in machine-readable format
|
| 1068 |
+
- Transmit to another controller
|
| 1069 |
+
|
| 1070 |
+
**Right to Object (Article 21):**
|
| 1071 |
+
- Object to Processing based on legitimate interests
|
| 1072 |
+
- Object to direct marketing (absolute right)
|
| 1073 |
+
- Object to profiling
|
| 1074 |
+
|
| 1075 |
+
**Rights Related to Automated Decision-Making (Article 22):**
|
| 1076 |
+
- Not subject to solely automated decisions
|
| 1077 |
+
- Human intervention and explanation rights
|
| 1078 |
+
|
| 1079 |
+
**Right to Withdraw Consent (Article 7):**
|
| 1080 |
+
- Withdraw consent at any time
|
| 1081 |
+
|
| 1082 |
+
**Right to Lodge Complaint:**
|
| 1083 |
+
- File complaint with supervisory authority in EU member state
|
| 1084 |
+
|
| 1085 |
+
**Supervisory Authority Contact:** [Your local Data Protection Authority - list available at https://edpb.europa.eu/about-edpb/board/members_en]
|
| 1086 |
+
|
| 1087 |
+
**How to Exercise:** Email privacy@in-digi-nous.com
|
| 1088 |
+
|
| 1089 |
+
**Response Time:** Within 1 month (may extend to 3 months for complex requests with notice)
|
| 1090 |
+
|
| 1091 |
+
#### 9.3.3 Other Jurisdictions
|
| 1092 |
+
|
| 1093 |
+
Residents of other jurisdictions may have additional rights under local laws, including:
|
| 1094 |
+
|
| 1095 |
+
- **Virginia (VCDPA)**
|
| 1096 |
+
- **Colorado (CPA)**
|
| 1097 |
+
- **Connecticut (CTDPA)**
|
| 1098 |
+
- **Utah (UCPA)**
|
| 1099 |
+
- **Brazil (LGPD)**
|
| 1100 |
+
- **Canada (PIPEDA)**
|
| 1101 |
+
- **Australia (Privacy Act)**
|
| 1102 |
+
- **Switzerland (Federal Data Protection Act)**
|
| 1103 |
+
- **UK (UK GDPR)**
|
| 1104 |
+
|
| 1105 |
+
Contact privacy@in-digi-nous.com to learn about rights specific to your jurisdiction.
|
| 1106 |
+
|
| 1107 |
+
### 9.4 Account Management
|
| 1108 |
+
|
| 1109 |
+
**Account Settings:**
|
| 1110 |
+
- Update Personal Data via account dashboard
|
| 1111 |
+
- Manage communication preferences
|
| 1112 |
+
- Control privacy settings
|
| 1113 |
+
- View data access and usage history
|
| 1114 |
+
|
| 1115 |
+
**Account Deletion:**
|
| 1116 |
+
- Delete account through account settings or by contacting privacy@in-digi-nous.com
|
| 1117 |
+
- Data deletion as described in Section 9.1.3
|
| 1118 |
+
|
| 1119 |
+
### 9.5 Cookie and Tracking Preferences
|
| 1120 |
+
|
| 1121 |
+
**Cookie Management:**
|
| 1122 |
+
- Adjust cookie preferences through cookie consent banner
|
| 1123 |
+
- Manage browser settings to block or delete cookies
|
| 1124 |
+
- Use "Do Not Track" browser settings (honored where technically feasible)
|
| 1125 |
+
|
| 1126 |
+
**Opt-Out Tools:**
|
| 1127 |
+
- **Google Analytics:** [Google Analytics Opt-Out Browser Add-on](https://tools.google.com/dlpage/gaoptout)
|
| 1128 |
+
- **Advertising Opt-Outs:** [Digital Advertising Alliance](http://optout.aboutads.info/), [Network Advertising Initiative](http://optout.networkadvertising.org/)
|
| 1129 |
+
|
| 1130 |
+
(See Section 11 for detailed cookie information)
|
| 1131 |
+
|
| 1132 |
+
### 9.6 Marketing and Communications Opt-Out
|
| 1133 |
+
|
| 1134 |
+
**Email Marketing:**
|
| 1135 |
+
- Click "unsubscribe" link in any marketing email
|
| 1136 |
+
- Update preferences in account settings
|
| 1137 |
+
- Email privacy@in-digi-nous.com with subject "Unsubscribe"
|
| 1138 |
+
|
| 1139 |
+
**Transactional Emails:** Certain service-related emails (e.g., account security, transaction confirmations) cannot be opted out while account is active.
|
| 1140 |
+
|
| 1141 |
+
**SMS/Text:** Reply "STOP" to opt out of text messages
|
| 1142 |
+
|
| 1143 |
+
**Push Notifications:** Manage via device settings or app settings
|
| 1144 |
+
|
| 1145 |
+
### 9.7 Exercising Your Rights
|
| 1146 |
+
|
| 1147 |
+
**How to Make Requests:**
|
| 1148 |
+
|
| 1149 |
+
1. **Email:** privacy@in-digi-nous.com
|
| 1150 |
+
- Include clear subject line indicating request type
|
| 1151 |
+
- Provide sufficient information for verification
|
| 1152 |
+
|
| 1153 |
+
2. **Online Form:** https://in-digi-nous.com/privacy/rights-request
|
| 1154 |
+
|
| 1155 |
+
3. **Mail:**
|
| 1156 |
+
ᓂᐲᔥ Nbiish-Justin Kenwabikise
|
| 1157 |
+
Privacy Rights Requests
|
| 1158 |
+
[Mailing address to be provided]
|
| 1159 |
+
|
| 1160 |
+
**Verification Process:**
|
| 1161 |
+
- Identity verification required to protect against fraudulent requests
|
| 1162 |
+
- May request additional information to verify identity
|
| 1163 |
+
- Authorized agents must provide written authorization
|
| 1164 |
+
|
| 1165 |
+
**No Fee:** Rights requests are generally processed free of charge.
|
| 1166 |
+
|
| 1167 |
+
**Excessive Requests:** Manifestly unfounded or excessive requests (especially repetitive requests) may incur reasonable administrative fees or be refused.
|
| 1168 |
+
|
| 1169 |
+
**Response Timeline:**
|
| 1170 |
+
- Acknowledgment within 10 days
|
| 1171 |
+
- Full response within 30-45 days (depending on jurisdiction)
|
| 1172 |
+
- Extension notifications provided when additional time needed
|
| 1173 |
+
|
| 1174 |
+
**Appeals:**
|
| 1175 |
+
- If request is denied, you may appeal by contacting privacy@in-digi-nous.com
|
| 1176 |
+
- Jurisdiction-specific appeal rights are honored (e.g., CCPA appeal process)
|
| 1177 |
+
|
| 1178 |
+
---
|
| 1179 |
+
|
| 1180 |
+
## 10. INTERNATIONAL DATA TRANSFERS
|
| 1181 |
+
|
| 1182 |
+
### 10.1 Cross-Border Data Transfers
|
| 1183 |
+
|
| 1184 |
+
Personal Data may be transferred to, stored in, and processed in countries other than your country of residence, including the United States. These countries may have data protection laws different from those in your jurisdiction.
|
| 1185 |
+
|
| 1186 |
+
### 10.2 Transfer Safeguards
|
| 1187 |
+
|
| 1188 |
+
When transferring Personal Data internationally, I implement appropriate safeguards to ensure adequate protection:
|
| 1189 |
+
|
| 1190 |
+
#### 10.2.1 Standard Contractual Clauses (SCCs)
|
| 1191 |
+
|
| 1192 |
+
- EU Commission-approved Standard Contractual Clauses for GDPR compliance
|
| 1193 |
+
- UK International Data Transfer Agreement (IDTA) for UK GDPR compliance
|
| 1194 |
+
- Swiss-approved transfer mechanisms for Swiss data subjects
|
| 1195 |
+
- Regular reviews and updates as regulations evolve
|
| 1196 |
+
|
| 1197 |
+
#### 10.2.2 Adequacy Decisions
|
| 1198 |
+
|
| 1199 |
+
- Relying on jurisdictions deemed to provide adequate protection by relevant authorities
|
| 1200 |
+
- Currently recognized adequacy decisions (subject to change):
|
| 1201 |
+
- EU Commission adequacy decisions (UK, Switzerland, Japan, etc.)
|
| 1202 |
+
- Cross-Border Privacy Rules (CBPR) certification
|
| 1203 |
+
|
| 1204 |
+
#### 10.2.3 Derogations for Specific Situations
|
| 1205 |
+
|
| 1206 |
+
When SCCs or adequacy decisions are not applicable, transfers may occur based on GDPR derogations:
|
| 1207 |
+
|
| 1208 |
+
- Explicit consent for the transfer
|
| 1209 |
+
- Performance of contract with you
|
| 1210 |
+
- Important public interest reasons
|
| 1211 |
+
- Establishment, exercise, or defense of legal claims
|
| 1212 |
+
- Protection of vital interests
|
| 1213 |
+
|
| 1214 |
+
### 10.3 Indigenous Data Transfer Restrictions
|
| 1215 |
+
|
| 1216 |
+
**Enhanced Protections:** Transfers of Indigenous Data across international borders require:
|
| 1217 |
+
|
| 1218 |
+
**a) Prior Review:**
|
| 1219 |
+
|
| 1220 |
+
- Assessment of cultural implications
|
| 1221 |
+
- Evaluation of receiving jurisdiction's data protection laws
|
| 1222 |
+
- Consideration of Indigenous rights recognition in destination country
|
| 1223 |
+
|
| 1224 |
+
**b) Community Consultation:**
|
| 1225 |
+
|
| 1226 |
+
- For collective Indigenous Data, community representatives must approve international transfers
|
| 1227 |
+
- Cultural protocols must be accessible and enforceable in receiving jurisdiction
|
| 1228 |
+
|
| 1229 |
+
**c) Enhanced Contractual Protections:**
|
| 1230 |
+
|
| 1231 |
+
- Binding commitments to Indigenous Data Sovereignty principles
|
| 1232 |
+
- CARE Principles implementation requirements
|
| 1233 |
+
- Recognition of tribal jurisdiction for disputes
|
| 1234 |
+
- Repatriation rights preserved
|
| 1235 |
+
|
| 1236 |
+
**d) Prohibited Destinations:**
|
| 1237 |
+
|
| 1238 |
+
Indigenous Data will NOT be transferred to jurisdictions that:
|
| 1239 |
+
|
| 1240 |
+
- Do not recognize Indigenous rights
|
| 1241 |
+
- Have records of Indigenous rights violations
|
| 1242 |
+
- Lack adequate data protection frameworks
|
| 1243 |
+
- Cannot enforce tribal jurisdiction provisions
|
| 1244 |
+
|
| 1245 |
+
### 10.4 U.S. Federal and Tribal Jurisdiction Preservation
|
| 1246 |
+
|
| 1247 |
+
All international transfers preserve:
|
| 1248 |
+
|
| 1249 |
+
- Federal Indian law supremacy
|
| 1250 |
+
- Tribal court jurisdiction over Indigenous Data disputes
|
| 1251 |
+
- Sovereign immunity protections
|
| 1252 |
+
- Treaty-based rights and obligations
|
| 1253 |
+
|
| 1254 |
+
Transferred data remains subject to tribal authority regardless of physical location.
|
| 1255 |
+
|
| 1256 |
+
### 10.5 Data Subject Rights Across Borders
|
| 1257 |
+
|
| 1258 |
+
Your rights under this Privacy Policy apply regardless of where your data is stored or processed. You may exercise all rights described in Section 9 regardless of data location.
|
| 1259 |
+
|
| 1260 |
+
### 10.6 Transfer Impact Assessments
|
| 1261 |
+
|
| 1262 |
+
Before new international transfer arrangements, I conduct Transfer Impact Assessments (TIAs) evaluating:
|
| 1263 |
+
|
| 1264 |
+
- Legal framework in receiving country
|
| 1265 |
+
- Practical access to data by government authorities
|
| 1266 |
+
- Effectiveness of supplementary measures
|
| 1267 |
+
- Rights and remedies available to Data Subjects
|
| 1268 |
+
- Special considerations for Indigenous Data
|
| 1269 |
+
|
| 1270 |
+
---
|
| 1271 |
+
|
| 1272 |
+
## 11. COOKIES AND TRACKING TECHNOLOGIES
|
| 1273 |
+
|
| 1274 |
+
### 11.1 What Are Cookies?
|
| 1275 |
+
|
| 1276 |
+
Cookies are small text files placed on your device by websites you visit. They are widely used to make websites work more efficiently and provide information to website owners.
|
| 1277 |
+
|
| 1278 |
+
### 11.2 Types of Cookies Used
|
| 1279 |
+
|
| 1280 |
+
I use the following categories of cookies:
|
| 1281 |
+
|
| 1282 |
+
#### 11.2.1 Essential Cookies (Strictly Necessary)
|
| 1283 |
+
|
| 1284 |
+
**Purpose:** Required for basic functionality and security
|
| 1285 |
+
|
| 1286 |
+
**Examples:**
|
| 1287 |
+
|
| 1288 |
+
- Session management and authentication
|
| 1289 |
+
- Security and fraud prevention
|
| 1290 |
+
- Load balancing and performance
|
| 1291 |
+
- User preferences (language, accessibility)
|
| 1292 |
+
|
| 1293 |
+
**Duration:** Session (deleted when browser closes) or 1 year maximum
|
| 1294 |
+
|
| 1295 |
+
**Legal Basis:** Legitimate interest (necessary for service provision)
|
| 1296 |
+
|
| 1297 |
+
**Opt-Out:** Cannot be disabled without severely limiting functionality
|
| 1298 |
+
|
| 1299 |
+
#### 11.2.2 Performance and Analytics Cookies
|
| 1300 |
+
|
| 1301 |
+
**Purpose:** Understanding how users interact with the Services
|
| 1302 |
+
|
| 1303 |
+
**Examples:**
|
| 1304 |
+
|
| 1305 |
+
- Google Analytics (anonymized IP)
|
| 1306 |
+
- Plausible Analytics (privacy-focused, no personal data)
|
| 1307 |
+
- Custom analytics for service improvement
|
| 1308 |
+
- Error tracking and diagnostics
|
| 1309 |
+
|
| 1310 |
+
**Duration:** 1-2 years
|
| 1311 |
+
|
| 1312 |
+
**Legal Basis:** Consent or legitimate interest (with anonymization)
|
| 1313 |
+
|
| 1314 |
+
**Opt-Out:** Via cookie banner, browser settings, or analytics opt-out tools
|
| 1315 |
+
|
| 1316 |
+
#### 11.2.3 Functionality Cookies
|
| 1317 |
+
|
| 1318 |
+
**Purpose:** Enhancing user experience with personalized features
|
| 1319 |
+
|
| 1320 |
+
**Examples:**
|
| 1321 |
+
|
| 1322 |
+
- Remembering user preferences
|
| 1323 |
+
- Personalized content recommendations
|
| 1324 |
+
- Customized interface settings
|
| 1325 |
+
- Video player preferences
|
| 1326 |
+
|
| 1327 |
+
**Duration:** 1 month to 2 years
|
| 1328 |
+
|
| 1329 |
+
**Legal Basis:** Consent or legitimate interest
|
| 1330 |
+
|
| 1331 |
+
**Opt-Out:** Via cookie banner or browser settings
|
| 1332 |
+
|
| 1333 |
+
#### 11.2.4 Advertising and Targeting Cookies (If Used)
|
| 1334 |
+
|
| 1335 |
+
**Purpose:** Delivering relevant advertisements and measuring campaign effectiveness
|
| 1336 |
+
|
| 1337 |
+
**Examples:**
|
| 1338 |
+
|
| 1339 |
+
- Retargeting campaigns
|
| 1340 |
+
- Conversion tracking
|
| 1341 |
+
- Interest-based advertising
|
| 1342 |
+
- Social media advertising pixels
|
| 1343 |
+
|
| 1344 |
+
**Duration:** 3 months to 2 years
|
| 1345 |
+
|
| 1346 |
+
**Legal Basis:** Explicit consent required
|
| 1347 |
+
|
| 1348 |
+
**Opt-Out:** Via cookie banner, advertising opt-out tools, or browser settings
|
| 1349 |
+
|
| 1350 |
+
**Current Status:** Advertising cookies are NOT currently used. If implemented, explicit consent will be obtained.
|
| 1351 |
+
|
| 1352 |
+
### 11.3 Third-Party Cookies
|
| 1353 |
+
|
| 1354 |
+
Third-party service providers may set their own cookies when you use the Services:
|
| 1355 |
+
|
| 1356 |
+
**Analytics Providers:**
|
| 1357 |
+
|
| 1358 |
+
- Google Analytics (if used, with anonymization)
|
| 1359 |
+
- Plausible Analytics (no personal data collection)
|
| 1360 |
+
|
| 1361 |
+
**Social Media Platforms:**
|
| 1362 |
+
|
| 1363 |
+
- Social media embed cookies (YouTube, Twitter/X, LinkedIn)
|
| 1364 |
+
- Disabled until user interaction where possible
|
| 1365 |
+
|
| 1366 |
+
**Payment Processors:**
|
| 1367 |
+
|
| 1368 |
+
- Stripe, PayPal (for transaction security and fraud prevention)
|
| 1369 |
+
|
| 1370 |
+
**Customer Support:**
|
| 1371 |
+
|
| 1372 |
+
- Live chat widgets (e.g., Intercom, Zendesk) with consent
|
| 1373 |
+
|
| 1374 |
+
### 11.4 Cookie Management and Consent
|
| 1375 |
+
|
| 1376 |
+
#### 11.4.1 Cookie Consent Banner
|
| 1377 |
+
|
| 1378 |
+
Upon first visit, a cookie consent banner allows you to:
|
| 1379 |
+
|
| 1380 |
+
- Accept all cookies
|
| 1381 |
+
- Reject non-essential cookies
|
| 1382 |
+
- Customize cookie preferences by category
|
| 1383 |
+
- Learn more about specific cookies
|
| 1384 |
+
|
| 1385 |
+
#### 11.4.2 Changing Cookie Preferences
|
| 1386 |
+
|
| 1387 |
+
**Via Cookie Settings:**
|
| 1388 |
+
|
| 1389 |
+
- Access cookie preferences at any time via footer link
|
| 1390 |
+
- Modify consent for each cookie category
|
| 1391 |
+
- Changes take effect immediately
|
| 1392 |
+
|
| 1393 |
+
**Via Browser Settings:**
|
| 1394 |
+
|
| 1395 |
+
- Most browsers allow cookie blocking and deletion
|
| 1396 |
+
- Browser-specific instructions:
|
| 1397 |
+
- **Chrome:** Settings > Privacy and Security > Cookies
|
| 1398 |
+
- **Firefox:** Preferences > Privacy & Security > Cookies
|
| 1399 |
+
- **Safari:** Preferences > Privacy > Cookies
|
| 1400 |
+
- **Edge:** Settings > Privacy > Cookies
|
| 1401 |
+
|
| 1402 |
+
#### 11.4.3 Do Not Track (DNT)
|
| 1403 |
+
|
| 1404 |
+
**Current Status:** I honor DNT signals where technically feasible for analytics cookies.
|
| 1405 |
+
|
| 1406 |
+
**Limitations:** Some essential cookies cannot respect DNT without breaking functionality.
|
| 1407 |
+
|
| 1408 |
+
### 11.5 Similar Tracking Technologies
|
| 1409 |
+
|
| 1410 |
+
Beyond cookies, I may use other tracking technologies:
|
| 1411 |
+
|
| 1412 |
+
**Local Storage:**
|
| 1413 |
+
|
| 1414 |
+
- HTML5 local storage for offline functionality
|
| 1415 |
+
- Preserves user preferences and application state
|
| 1416 |
+
- Can be cleared via browser settings
|
| 1417 |
+
|
| 1418 |
+
**Web Beacons (Pixels):**
|
| 1419 |
+
|
| 1420 |
+
- Transparent images in emails to track opens
|
| 1421 |
+
- Used only with consent for marketing emails
|
| 1422 |
+
- Easily blocked by email clients
|
| 1423 |
+
|
| 1424 |
+
**Device Fingerprinting:**
|
| 1425 |
+
|
| 1426 |
+
- **Limited Use:** Only for fraud detection and security
|
| 1427 |
+
- **Not Used For:** Tracking or profiling across sites
|
| 1428 |
+
|
| 1429 |
+
**Session Replay:**
|
| 1430 |
+
|
| 1431 |
+
- **If Used:** Only with explicit consent and anonymization
|
| 1432 |
+
- **Current Status:** Not currently implemented
|
| 1433 |
+
|
| 1434 |
+
### 11.6 Indigenous Data and Cookie Protections
|
| 1435 |
+
|
| 1436 |
+
Cookies and tracking technologies do NOT collect or process:
|
| 1437 |
+
|
| 1438 |
+
- Tribal affiliation without consent
|
| 1439 |
+
- Traditional Knowledge or cultural information
|
| 1440 |
+
- Sacred or ceremonial data
|
| 1441 |
+
- Indigenous community membership
|
| 1442 |
+
|
| 1443 |
+
Any Indigenous Data voluntarily provided through the Services is protected under CARE Principles regardless of cookie settings.
|
| 1444 |
+
|
| 1445 |
+
### 11.7 Cookie Retention and Deletion
|
| 1446 |
+
|
| 1447 |
+
**Retention Periods:**
|
| 1448 |
+
|
| 1449 |
+
- Essential: Duration of session or up to 1 year
|
| 1450 |
+
- Analytics: 1-2 years
|
| 1451 |
+
- Functionality: 1 month to 2 years
|
| 1452 |
+
- Advertising (if used): 3 months to 2 years
|
| 1453 |
+
|
| 1454 |
+
**Automated Deletion:**
|
| 1455 |
+
|
| 1456 |
+
- Cookies automatically expire after specified duration
|
| 1457 |
+
- No longer necessary cookies are deleted
|
| 1458 |
+
|
| 1459 |
+
**User-Initiated Deletion:**
|
| 1460 |
+
|
| 1461 |
+
- Clear cookies via browser settings
|
| 1462 |
+
- Update cookie preferences to reject categories
|
| 1463 |
+
- Delete account to trigger cookie cleanup
|
| 1464 |
+
|
| 1465 |
+
---
|
| 1466 |
+
|
| 1467 |
+
## 12. THIRD-PARTY SERVICES AND LINKS
|
| 1468 |
+
|
| 1469 |
+
### 12.1 Third-Party Websites and Services
|
| 1470 |
+
|
| 1471 |
+
The Services may contain links to third-party websites, applications, or services not operated by the Rights Holder.
|
| 1472 |
+
|
| 1473 |
+
**No Responsibility:** I am not responsible for the privacy practices, content, or security of third-party services.
|
| 1474 |
+
|
| 1475 |
+
**Recommendation:** Review the privacy policies of any third-party services before providing Personal Data.
|
| 1476 |
+
|
| 1477 |
+
**Examples:**
|
| 1478 |
+
|
| 1479 |
+
- Social media platforms (Facebook, Twitter/X, LinkedIn, Instagram)
|
| 1480 |
+
- Payment processors (Stripe, PayPal)
|
| 1481 |
+
- Cloud storage providers
|
| 1482 |
+
- External resources and references
|
| 1483 |
+
- Partner organizations and collaborators
|
| 1484 |
+
|
| 1485 |
+
### 12.2 Third-Party Integrations
|
| 1486 |
+
|
| 1487 |
+
Certain third-party services are integrated into the Services with appropriate data processing agreements and Indigenous Data Sovereignty protections where applicable.
|
| 1488 |
+
|
| 1489 |
+
### 12.3 Indigenous Community Partners
|
| 1490 |
+
|
| 1491 |
+
**Trusted Partnerships:** I may share Indigenous Data with Indigenous community organizations for cultural preservation initiatives, community benefit programs, research collaborations, and educational projects.
|
| 1492 |
+
|
| 1493 |
+
**Protections:** All partners bound by Indigenous Data Sovereignty principles, CARE Principles implementation required, cultural protocols respected, and community authorization obtained.
|
| 1494 |
+
|
| 1495 |
+
---
|
| 1496 |
+
|
| 1497 |
+
## 13. SPECIAL DATA CATEGORIES AND PROTECTIONS
|
| 1498 |
+
|
| 1499 |
+
### 13.1 Sensitive Personal Data
|
| 1500 |
+
|
| 1501 |
+
**Definition:** Special categories of Personal Data requiring enhanced protection, including data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data, health data, or sex life or sexual orientation.
|
| 1502 |
+
|
| 1503 |
+
**Collection Principles:**
|
| 1504 |
+
|
| 1505 |
+
- **Minimization:** Collect only when strictly necessary
|
| 1506 |
+
- **Explicit Consent:** Obtain explicit, affirmative consent before collection
|
| 1507 |
+
- **Enhanced Security:** Apply strongest security measures
|
| 1508 |
+
- **Limited Use:** Use only for explicitly stated purposes
|
| 1509 |
+
- **Restricted Sharing:** Share only with explicit authorization
|
| 1510 |
+
|
| 1511 |
+
**Current Collection:** I do NOT routinely collect Sensitive Personal Data except tribal affiliation (voluntary, for Indigenous community services), health information (only if providing health-related services, with explicit consent), and accessibility needs (voluntary, to provide accommodations).
|
| 1512 |
+
|
| 1513 |
+
### 13.2 Indigenous Cultural Data
|
| 1514 |
+
|
| 1515 |
+
**Sacred and Ceremonial Information:**
|
| 1516 |
+
|
| 1517 |
+
- Absolute prohibition on unauthorized collection
|
| 1518 |
+
- Special handling protocols for authorized collection
|
| 1519 |
+
- Cultural authority approval required
|
| 1520 |
+
- Enhanced encryption and access restrictions
|
| 1521 |
+
- Strict use limitations
|
| 1522 |
+
|
| 1523 |
+
**Traditional Knowledge:**
|
| 1524 |
+
|
| 1525 |
+
- Collected only with Prior Informed Consent
|
| 1526 |
+
- Used only for explicitly authorized purposes
|
| 1527 |
+
- Subject to community protocols and TK Labels
|
| 1528 |
+
- Benefit-sharing arrangements in place
|
| 1529 |
+
|
| 1530 |
+
**Cultural Heritage:**
|
| 1531 |
+
|
| 1532 |
+
- Respect for cultural sensitivity and protocols
|
| 1533 |
+
- Community control over collective data
|
| 1534 |
+
- Repatriation rights honored
|
| 1535 |
+
- Protection from commercialization without authorization
|
| 1536 |
+
|
| 1537 |
+
---
|
| 1538 |
+
|
| 1539 |
+
## 14. AI AND AUTOMATED DECISION-MAKING
|
| 1540 |
+
|
| 1541 |
+
### 14.1 Use of Artificial Intelligence
|
| 1542 |
+
|
| 1543 |
+
**Current AI Use:** The Services may use AI and machine learning for service improvement (analytics and pattern recognition), content recommendations, spam and fraud detection, customer support (chatbots with human escalation), and language processing for better UX.
|
| 1544 |
+
|
| 1545 |
+
**Human Oversight:** All AI systems operate with human oversight and intervention capabilities.
|
| 1546 |
+
|
| 1547 |
+
### 14.2 Automated Decision-Making Limitations
|
| 1548 |
+
|
| 1549 |
+
**No Solely Automated Decisions with Legal/Significant Effects:** I do NOT make solely automated decisions that produce legal or similarly significant effects without human involvement, including account terminations (always human-reviewed), high-value transaction approvals, eligibility determinations for services, or pricing/terms modifications.
|
| 1550 |
+
|
| 1551 |
+
**Exception:** Fraud detection may automatically block transactions, but humans review all blocks.
|
| 1552 |
+
|
| 1553 |
+
### 14.3 AI Training on User Data
|
| 1554 |
+
|
| 1555 |
+
**Prohibition on External AI Training:** Your Personal Data is NEVER sold or licensed to AI companies for model training, used to train third-party AI models, included in publicly available datasets, or shared for AI development without explicit consent.
|
| 1556 |
+
|
| 1557 |
+
**Indigenous Data Protection:** Indigenous Data is subject to additional AI restrictions per the LICENSE including no AI training without Prior Informed Consent, community benefit requirements for any AI uses, cultural protocol compliance, and CARE Principles implementation.
|
| 1558 |
+
|
| 1559 |
+
### 14.4 Transparency and Explainability
|
| 1560 |
+
|
| 1561 |
+
**Right to Explanation:** You have the right to receive meaningful information about the logic involved in automated decision-making.
|
| 1562 |
+
|
| 1563 |
+
**Request Process:** Email privacy@in-digi-nous.com with subject "AI Explanation Request"
|
| 1564 |
+
|
| 1565 |
+
### 14.5 AI and Indigenous Data Sovereignty
|
| 1566 |
+
|
| 1567 |
+
AI systems involving Indigenous Data must respect CARE Principles, support community benefit, maintain cultural authority, prevent cultural appropriation, implement community-approved protocols, and enable data repatriation.
|
| 1568 |
+
|
| 1569 |
+
**Prohibited AI Uses with Indigenous Data:** Stereotyping or misrepresentation, cultural appropriation for commercial gain, undermining tribal sovereignty, violating sacred knowledge protections, or training without community authorization.
|
| 1570 |
+
|
| 1571 |
+
---
|
| 1572 |
+
|
| 1573 |
+
## 15. CHILDREN'S PRIVACY
|
| 1574 |
+
|
| 1575 |
+
### 15.1 Age Restrictions
|
| 1576 |
+
|
| 1577 |
+
**General Rule:** The Services are NOT directed at children under 13 years of age.
|
| 1578 |
+
|
| 1579 |
+
**Policy:** I do not knowingly collect Personal Data from children under 13 without verifiable parental consent.
|
| 1580 |
+
|
| 1581 |
+
**Teens (13-17):** Users ages 13-17 may access certain Services with parental consent where required by law.
|
| 1582 |
+
|
| 1583 |
+
### 15.2 Parental Rights
|
| 1584 |
+
|
| 1585 |
+
Where Services are made available to children 13-17, parents have rights to review child's Personal Data, request correction or deletion, refuse further collection or use, and receive notification of privacy policy changes.
|
| 1586 |
+
|
| 1587 |
+
### 15.3 Children's Data Collection Limitations
|
| 1588 |
+
|
| 1589 |
+
For any users under 18: no behavioral advertising, no sale or sharing of data, no collection of precise location (without explicit consent), no public posting of Personal Data (default privacy settings), and limited data retention (deleted within 30 days of account closure).
|
| 1590 |
+
|
| 1591 |
+
### 15.4 Discovery and Deletion Protocol
|
| 1592 |
+
|
| 1593 |
+
If I discover that Personal Data from a child under 13 has been collected without verifiable parental consent, I will immediately cease all Processing, tag data for deletion, isolate from all systems, notify parent/guardian if contact information available, complete deletion within 30 days, and document incident and remediation.
|
| 1594 |
+
|
| 1595 |
+
**Reporting:** Parents or guardians may report unauthorized child data collection to privacy@in-digi-nous.com
|
| 1596 |
+
|
| 1597 |
+
### 15.5 COPPA Compliance
|
| 1598 |
+
|
| 1599 |
+
For any Services directed at children under 13 (current or future), I will implement direct notice to parents, verifiable parental consent before collection, parental access and deletion rights, no conditioning participation on data disclosure, reasonable security for children's data, and retention only as long as necessary.
|
| 1600 |
+
|
| 1601 |
+
---
|
| 1602 |
+
|
| 1603 |
+
## 16. DATA BREACH NOTIFICATION AND RESPONSE
|
| 1604 |
+
|
| 1605 |
+
### 16.1 Breach Prevention and Detection
|
| 1606 |
+
|
| 1607 |
+
**Proactive Measures:** Continuous security monitoring, regular vulnerability assessments, penetration testing (annual minimum), security awareness training, and incident prevention controls.
|
| 1608 |
+
|
| 1609 |
+
**Detection Mechanisms:** 24/7 security monitoring and alerting, intrusion detection systems (IDS), anomaly detection and behavioral analytics, employee reporting channels, and third-party security reports.
|
| 1610 |
+
|
| 1611 |
+
### 16.2 Breach Response Process
|
| 1612 |
+
|
| 1613 |
+
Upon detection of a suspected data breach, I follow a comprehensive five-phase response process: Containment (0-24 hours), Assessment (24-72 hours), Notification (as required by law), Remediation and Recovery, and Post-Incident Review.
|
| 1614 |
+
|
| 1615 |
+
### 16.3 Notification to Affected Individuals
|
| 1616 |
+
|
| 1617 |
+
If a breach affects your Personal Data, you will be notified within 72 hours of breach confirmation via email, prominent website notice, or direct mail, including description of breach, data types affected, approximate date, likely consequences, measures taken, recommended actions, and contact information.
|
| 1618 |
+
|
| 1619 |
+
### 16.4 Regulatory Notifications
|
| 1620 |
+
|
| 1621 |
+
**GDPR Breaches:** Notification to lead supervisory authority within 72 hours, documentation maintained, high-risk breaches trigger individual notification without undue delay.
|
| 1622 |
+
|
| 1623 |
+
**CCPA Breaches:** Notification to California Attorney General if >500 residents affected, individual notification as required.
|
| 1624 |
+
|
| 1625 |
+
**Tribal Jurisdiction Breaches:** Notification to GTBOCI authorities for Indigenous Data breaches, coordination with tribal law enforcement if applicable.
|
| 1626 |
+
|
| 1627 |
+
### 16.5 Breach Support Resources
|
| 1628 |
+
|
| 1629 |
+
If you are affected by a breach, I may provide free credit monitoring services (12-24 months), identity theft protection, fraud resolution assistance, dedicated support hotline, and regular updates on remediation progress.
|
| 1630 |
+
|
| 1631 |
+
### 16.6 Indigenous Data Breach Protocols
|
| 1632 |
+
|
| 1633 |
+
For breaches involving Indigenous Data: affected Indigenous communities notified within 48 hours, cultural impact assessment, tribal authority coordination, enhanced community-directed remediation measures, and ceremonial remedies if appropriate.
|
| 1634 |
+
|
| 1635 |
+
---
|
| 1636 |
+
|
| 1637 |
+
## 17. ACCESSIBILITY AND LANGUAGE ACCESS
|
| 1638 |
+
|
| 1639 |
+
### 17.1 Accessibility Commitment
|
| 1640 |
+
|
| 1641 |
+
I am committed to making this Privacy Policy and all Services accessible to individuals with disabilities in accordance with the Americans with Disabilities Act (ADA), Section 508 of the Rehabilitation Act, and Web Content Accessibility Guidelines (WCAG) 2.1 Level AA.
|
| 1642 |
+
|
| 1643 |
+
### 17.2 Accessible Privacy Policy
|
| 1644 |
+
|
| 1645 |
+
This Privacy Policy is designed for accessibility with screen reader compatibility, keyboard navigation, clear language where possible, readable fonts, high contrast, and alternative formats available (large print, audio, Braille) upon request.
|
| 1646 |
+
|
| 1647 |
+
### 17.3 Accessibility Accommodations
|
| 1648 |
+
|
| 1649 |
+
**Request Accommodations:** If you need this Privacy Policy or Services in an alternative format, email privacy@in-digi-nous.com (Subject: "Accessibility Accommodation"), call 402-431-2023, or mail [address to be provided].
|
| 1650 |
+
|
| 1651 |
+
**Available Formats:** Large print (minimum 18pt), audio recording, Braille, plain language summary, simplified visual guide.
|
| 1652 |
+
|
| 1653 |
+
**Response Time:** Accommodation requests fulfilled within 10 business days.
|
| 1654 |
+
|
| 1655 |
+
### 17.4 Language Access
|
| 1656 |
+
|
| 1657 |
+
**Primary Language:** English
|
| 1658 |
+
|
| 1659 |
+
**Additional Languages:** Anishinaabemowin (Ojibwe language) - select sections available, full translation in progress; Spanish - available upon request for key sections; Other languages - translation services available upon request for accessibility needs.
|
| 1660 |
+
|
| 1661 |
+
### 17.5 Anishinaabemowin Language Revival
|
| 1662 |
+
|
| 1663 |
+
As part of cultural preservation efforts, key privacy concepts are being translated into Anishinaabemowin, terminology developed for modern privacy concepts in Indigenous language, community language experts consulted, and educational resources provided.
|
| 1664 |
+
|
| 1665 |
+
### 17.6 Accessibility Feedback
|
| 1666 |
+
|
| 1667 |
+
**Report Accessibility Barriers:** If you encounter accessibility barriers, email privacy@in-digi-nous.com with subject "Accessibility Issue" describing the barrier and your assistive technology.
|
| 1668 |
+
|
| 1669 |
+
**Response Commitment:** Acknowledgment within 2 business days, assessment and remediation plan within 10 business days, implementation based on severity and complexity.
|
| 1670 |
+
|
| 1671 |
+
---
|
| 1672 |
+
|
| 1673 |
+
## 18. UPDATES TO THIS PRIVACY POLICY
|
| 1674 |
+
|
| 1675 |
+
### 18.1 Right to Modify
|
| 1676 |
+
|
| 1677 |
+
I reserve the right to update, modify, or replace this Privacy Policy at any time to reflect changes in data practices, new Services or features, legal or regulatory requirements, security enhancements, or user feedback and best practices.
|
| 1678 |
+
|
| 1679 |
+
### 18.2 Material Changes Definition
|
| 1680 |
+
|
| 1681 |
+
**Material changes** include: new data collection categories, expanded data sharing practices, reduced user rights or choices, changes to retention periods, new uses of data beyond original purposes, jurisdictional changes, or changes to Indigenous Data Sovereignty protections.
|
| 1682 |
+
|
| 1683 |
+
### 18.3 Notification of Changes
|
| 1684 |
+
|
| 1685 |
+
**Material Changes:** Minimum 30 days advance notice before effective date, email notification to all registered users, prominent website notice banner on all Service pages, summary of changes with clear explanation, and ability to opt out or close account before changes take effect.
|
| 1686 |
+
|
| 1687 |
+
**Non-Material Changes:** Updated "Last Updated" date, notification via website footer link, changes effective upon posting without advance notice required.
|
| 1688 |
+
|
| 1689 |
+
### 18.4 Version Control and Archive
|
| 1690 |
+
|
| 1691 |
+
**Current Version:** Always available at primary privacy policy URL.
|
| 1692 |
+
|
| 1693 |
+
**Version History:** Previous versions archived and accessible, change log maintained documenting all modifications, available at: https://in-digi-nous.com/privacy/history
|
| 1694 |
+
|
| 1695 |
+
**Version Format:** Privacy Policy [Version Number] - [Effective Date]
|
| 1696 |
+
|
| 1697 |
+
### 18.5 Indigenous Data Sovereignty Protections
|
| 1698 |
+
|
| 1699 |
+
**Non-Waivable Protections:** Changes to this Privacy Policy cannot diminish Indigenous Data Sovereignty principles, CARE Principles implementation, tribal jurisdiction provisions, cultural protocol requirements, community consent requirements, or repatriation rights.
|
| 1700 |
+
|
| 1701 |
+
**Community Consultation:** Material changes affecting Indigenous Data require consultation with affected Indigenous communities, reasonable notice and opportunity to object, and alternative arrangements for objecting communities.
|
| 1702 |
+
|
| 1703 |
+
---
|
| 1704 |
+
|
| 1705 |
+
## 19. CONTACT INFORMATION AND DATA PROTECTION OFFICER
|
| 1706 |
+
|
| 1707 |
+
### 19.1 Privacy Contact Information
|
| 1708 |
+
|
| 1709 |
+
**For all privacy-related inquiries, requests, and concerns:**
|
| 1710 |
+
|
| 1711 |
+
**Email:** privacy@in-digi-nous.com
|
| 1712 |
+
|
| 1713 |
+
**Subject Lines for Specific Requests:** "Data Access Request", "Data Deletion Request", "Data Portability Request", "Do Not Sell My Data", "Opt-Out Request", "Privacy Rights Request", "Data Breach Report", "Accessibility Accommodation"
|
| 1714 |
+
|
| 1715 |
+
**Phone:** 402-431-2023
|
| 1716 |
+
**Hours:** Monday-Friday, 9 AM - 5 PM Eastern Time
|
| 1717 |
+
**Voicemail:** Checked daily, response within 2 business days
|
| 1718 |
+
|
| 1719 |
+
**Mail:**
|
| 1720 |
+
ᓂᐲᔥ Nbiish-Justin Kenwabikise
|
| 1721 |
+
Privacy Department
|
| 1722 |
+
[Mailing Address - Physical address to be provided]
|
| 1723 |
+
|
| 1724 |
+
**Online Form:** https://in-digi-nous.com/privacy/contact
|
| 1725 |
+
|
| 1726 |
+
### 19.2 Data Protection Officer (DPO)
|
| 1727 |
+
|
| 1728 |
+
**Current Status:** As an individual developer/operator, I do not currently have a separate Data Protection Officer role. The Rights Holder serves as the privacy contact for all purposes.
|
| 1729 |
+
|
| 1730 |
+
**GDPR Requirement:** If a formal DPO becomes required under GDPR (e.g., due to scale of operations), one will be appointed and contact information updated here.
|
| 1731 |
+
|
| 1732 |
+
### 19.3 Tribal Privacy Authority Contact
|
| 1733 |
+
|
| 1734 |
+
For matters involving Indigenous Data Sovereignty, tribal jurisdiction, or cultural protocols:
|
| 1735 |
+
|
| 1736 |
+
**Grand Traverse Band of Ottawa and Chippewa Indians**
|
| 1737 |
+
**Tribal Council**
|
| 1738 |
+
2605 N. West Bay Shore Drive
|
| 1739 |
+
Peshawbestown, MI 49682
|
| 1740 |
+
Phone: (231) 534-7750
|
| 1741 |
+
Website: https://www.gtbindians.org
|
| 1742 |
+
|
| 1743 |
+
**Note:** Tribal authorities may be consulted for Indigenous Data matters at the Rights Holder's discretion or community request.
|
| 1744 |
+
|
| 1745 |
+
### 19.4 Regulatory Authority Contacts
|
| 1746 |
+
|
| 1747 |
+
**For GDPR Complaints (EU/EEA Residents):**
|
| 1748 |
+
Contact your local supervisory authority. Directory: https://edpb.europa.eu/about-edpb/board/members_en
|
| 1749 |
+
|
| 1750 |
+
**For CCPA Complaints (California Residents):**
|
| 1751 |
+
California Attorney General's Office - Privacy Enforcement and Protection Unit
|
| 1752 |
+
Website: https://oag.ca.gov/privacy | Email: privacy@doj.ca.gov
|
| 1753 |
+
|
| 1754 |
+
**For Other U.S. Privacy Complaints:**
|
| 1755 |
+
Federal Trade Commission (FTC)
|
| 1756 |
+
Website: https://www.ftc.gov/complaint | Phone: 1-877-FTC-HELP (1-877-382-4357)
|
| 1757 |
+
|
| 1758 |
+
### 19.5 Response Timeframes
|
| 1759 |
+
|
| 1760 |
+
**Acknowledgment:** All privacy requests acknowledged within **2 business days** (excluding weekends and U.S. federal holidays).
|
| 1761 |
+
|
| 1762 |
+
**Full Response:** Standard requests within **30 days**, complex requests up to **60-90 days** (with notice of extension and reason), GDPR requests within **1 month** (extendable to 3 months for complex requests), CCPA requests within **45 days** (extendable to 90 days with notice).
|
| 1763 |
+
|
| 1764 |
+
**Urgent matters:** Security incidents and time-sensitive requests prioritized.
|
| 1765 |
+
|
| 1766 |
+
### 19.6 No Fee for Standard Requests
|
| 1767 |
+
|
| 1768 |
+
Privacy rights requests processed free of charge. Manifestly unfounded, excessive, or repetitive requests may incur reasonable administrative fees or be refused (with explanation).
|
| 1769 |
+
|
| 1770 |
+
---
|
| 1771 |
+
|
| 1772 |
+
## 20. DISPUTE RESOLUTION AND ENFORCEMENT
|
| 1773 |
+
|
| 1774 |
+
### 20.1 Tribal Court Jurisdiction (Primary)
|
| 1775 |
+
|
| 1776 |
+
**Exclusive Jurisdiction:** Disputes arising from or relating to this Privacy Policy are subject to the **exclusive jurisdiction of the Grand Traverse Band of Ottawa and Chippewa Indians Tribal Court**, located in Peshawbestown, Michigan.
|
| 1777 |
+
|
| 1778 |
+
**Tribal Court Contact:**
|
| 1779 |
+
Grand Traverse Band Tribal Court
|
| 1780 |
+
2605 N. West Bay Shore Drive
|
| 1781 |
+
Peshawbestown, MI 49682
|
| 1782 |
+
Phone: (231) 534-7750
|
| 1783 |
+
|
| 1784 |
+
**Sovereign Immunity:** Nothing in this Privacy Policy constitutes a waiver of the Rights Holder's tribal sovereign immunity or the sovereign immunity of GTBOCI.
|
| 1785 |
+
|
| 1786 |
+
### 20.2 Federal Court Jurisdiction (Alternative)
|
| 1787 |
+
|
| 1788 |
+
**Limited Federal Jurisdiction:** The Rights Holder may, in their sole discretion, elect to pursue enforcement actions in United States federal courts with established expertise in federal Indian law (Western District of Michigan, Sixth Circuit Court of Appeals, or other federal courts with proper jurisdiction).
|
| 1789 |
+
|
| 1790 |
+
**No Waiver:** Election to use federal courts does not constitute a general waiver of sovereign immunity or exclusive tribal jurisdiction.
|
| 1791 |
+
|
| 1792 |
+
### 20.3 State Court Prohibition
|
| 1793 |
+
|
| 1794 |
+
**No State Jurisdiction:** State courts have **NO jurisdiction** over disputes arising from this Privacy Policy.
|
| 1795 |
+
|
| 1796 |
+
**Constitutional Preemption:** Federal Indian law and tribal sovereignty preempt state court jurisdiction over these matters under the Supremacy Clause (U.S. Constitution, Article VI, Clause 2).
|
| 1797 |
+
|
| 1798 |
+
**Removal:** Any action filed in state court in violation of this provision shall be removed to federal court under 28 U.S.C. § 1441, transferred to tribal court or dismissed, and subjects filing party to liquidated damages of **$100,000**.
|
| 1799 |
+
|
| 1800 |
+
### 20.4 Choice of Law
|
| 1801 |
+
|
| 1802 |
+
**Governing Law Hierarchy:**
|
| 1803 |
+
|
| 1804 |
+
1. **Tribal law** of the Grand Traverse Band of Ottawa and Chippewa Indians (first priority)
|
| 1805 |
+
2. **Federal Indian law** including treaties, statutes, and common law
|
| 1806 |
+
3. **Federal privacy laws** (COPPA, FERPA, HIPAA where applicable)
|
| 1807 |
+
4. **International Indigenous rights instruments** (UNDRIP, WIPO Treaty, ILO 169, Nagoya Protocol)
|
| 1808 |
+
5. **Applicable privacy regulations** (GDPR, CCPA, etc. for jurisdictional rights)
|
| 1809 |
+
|
| 1810 |
+
**Conflicts:** In case of conflicts, tribal sovereignty and Indigenous Data Sovereignty principles prevail.
|
| 1811 |
+
|
| 1812 |
+
### 20.5 Remedies and Enforcement
|
| 1813 |
+
|
| 1814 |
+
**Available Remedies:** Injunctive relief, specific performance, declaratory relief, monetary damages (compensatory), liquidated damages (for willful violations or jurisdictional breaches), statutory damages (under applicable privacy laws), attorneys' fees and costs (for prevailing parties), and cultural remediation (community-directed remedies for cultural harm).
|
| 1815 |
+
|
| 1816 |
+
**Enhanced Remedies for Indigenous Data Violations:** Data repatriation orders, benefit-sharing enforcement, cultural impact compensation, community-directed remedies, and minimum liquidated damages of **$250,000** per violation.
|
| 1817 |
+
|
| 1818 |
+
### 20.6 Class Actions and Collective Relief
|
| 1819 |
+
|
| 1820 |
+
**Class Action Rights Preserved:** You retain the right to participate in class action lawsuits or collective relief proceedings regarding privacy violations where permitted by law.
|
| 1821 |
+
|
| 1822 |
+
**Collective Action for Indigenous Communities:** Indigenous communities may bring collective actions to enforce communal data rights.
|
| 1823 |
+
|
| 1824 |
+
**Opt-Out Not Required:** No prior opt-out from class actions required (no class action waiver).
|
| 1825 |
+
|
| 1826 |
+
---
|
| 1827 |
+
|
| 1828 |
+
## 21. SERVICE-SPECIFIC PRIVACY PROVISIONS
|
| 1829 |
+
|
| 1830 |
+
### 21.1 SaaS Product Data Practices
|
| 1831 |
+
|
| 1832 |
+
**Data Collection:** SaaS platforms may collect application-specific usage data, user-generated content and configurations, integration data from connected third-party services, API usage logs and performance metrics, and collaboration and team data.
|
| 1833 |
+
|
| 1834 |
+
**Data Retention:** Active subscription (duration of subscription), Post-termination (30 days for account recovery), Data deletion (complete within 90 days of termination unless legal retention required), Backup purging (from backups within 180 days).
|
| 1835 |
+
|
| 1836 |
+
**Data Export:** Pre-termination export available via dashboard, post-termination export upon request (within 30-day window), standard formats (JSON, CSV, XML).
|
| 1837 |
+
|
| 1838 |
+
### 21.2 E-Commerce and Donation Processing
|
| 1839 |
+
|
| 1840 |
+
**Donation Privacy:** Donation amounts and frequency stored but never publicly disclosed without explicit consent. Tax receipts provided for eligible donations. Anonymous donation option available.
|
| 1841 |
+
|
| 1842 |
+
---
|
| 1843 |
+
|
| 1844 |
+
## 22. COMPLIANCE CERTIFICATIONS AND AUDITS
|
| 1845 |
+
|
| 1846 |
+
### 22.1 Current Compliance Status
|
| 1847 |
+
|
| 1848 |
+
The Services are designed for compliance with:
|
| 1849 |
+
|
| 1850 |
+
**Privacy Regulations:** GDPR, CCPA/CPRA, VCDPA, CPA, COPPA, PIPEDA
|
| 1851 |
+
|
| 1852 |
+
**Indigenous Rights Frameworks:** UNDRIP, CARE Principles for Indigenous Data Governance, WIPO Treaty on Traditional Knowledge (implementation ready), ILO Convention 169 principles, Nagoya Protocol principles
|
| 1853 |
+
|
| 1854 |
+
**Security Standards:** SOC 2 Type II (in progress - target certification 2026), ISO 27001 (planned), PCI-DSS (via payment processors)
|
| 1855 |
+
|
| 1856 |
+
### 22.2 Transparency and Reporting
|
| 1857 |
+
|
| 1858 |
+
**Annual Transparency Report:** Published annually with information on legal requests received and complied with, types of data requested by authorities, data breach incidents and responses, Indigenous Data Sovereignty metrics, privacy rights requests (aggregated), and policy updates and changes.
|
| 1859 |
+
|
| 1860 |
+
**Indigenous Data Sovereignty Report:** Separate annual report on CARE Principles implementation status, community benefit sharing results, cultural protocol compliance, Traditional Knowledge protections, and tribal jurisdiction cases.
|
| 1861 |
+
|
| 1862 |
+
**Availability:** Reports published at https://in-digi-nous.com/privacy/transparency
|
| 1863 |
+
|
| 1864 |
+
### 22.3 Continuous Improvement
|
| 1865 |
+
|
| 1866 |
+
Privacy program evolution through regular policy reviews (at least annually), incorporation of user feedback, adaptation to regulatory changes, technology and security updates, and best practice benchmarking.
|
| 1867 |
+
|
| 1868 |
+
---
|
| 1869 |
+
|
| 1870 |
+
## 23. SPECIAL CIRCUMSTANCES AND EMERGENCY PROTOCOLS
|
| 1871 |
+
|
| 1872 |
+
### 23.1 Force Majeure Events
|
| 1873 |
+
|
| 1874 |
+
In the event of force majeure circumstances beyond reasonable control (natural disasters, pandemics, wars, civil unrest, infrastructure failures, legal prohibitions), performance of certain obligations may be suspended with alternative data protection measures implemented and notice provided as soon as reasonably possible. Core protections remain in force including security measures, data minimization, prohibition on unauthorized sharing, and preservation of user rights.
|
| 1875 |
+
|
| 1876 |
+
### 23.2 Incarceration or Detention of Rights Holder
|
| 1877 |
+
|
| 1878 |
+
**Continuity Plans:** Designated representatives authorized to maintain privacy program, automated systems continue operation, emergency contacts and procedures documented.
|
| 1879 |
+
|
| 1880 |
+
**Rights Preservation:** User rights remain enforceable, Privacy Policy remains in full force, tribal sovereignty protections unaffected, and Indigenous Data Sovereignty principles maintained.
|
| 1881 |
+
|
| 1882 |
+
### 23.3 Business Continuity
|
| 1883 |
+
|
| 1884 |
+
**Disaster Recovery:** Comprehensive business continuity plan, regular backups and secure storage, tested recovery procedures, and recovery time objectives of 24-48 hours for critical systems.
|
| 1885 |
+
|
| 1886 |
+
---
|
| 1887 |
+
|
| 1888 |
+
## 24. FINAL PROVISIONS
|
| 1889 |
+
|
| 1890 |
+
### 24.1 Entire Agreement
|
| 1891 |
+
|
| 1892 |
+
This Privacy Policy, together with the Terms of Service and LICENSE, constitutes the entire agreement regarding privacy and data protection for the Services.
|
| 1893 |
+
|
| 1894 |
+
**Conflicts:** LICENSE terms supersede conflicting provisions, Terms of Service govern non-privacy contractual matters, and Privacy Policy governs all data protection matters.
|
| 1895 |
+
|
| 1896 |
+
### 24.2 Severability
|
| 1897 |
+
|
| 1898 |
+
If any provision of this Privacy Policy is found invalid or unenforceable, the remainder remains in full effect, invalid provision interpreted to achieve intent to maximum extent, and core protections (tribal sovereignty, Indigenous Data Sovereignty) are non-severable.
|
| 1899 |
+
|
| 1900 |
+
### 24.3 No Waiver
|
| 1901 |
+
|
| 1902 |
+
Failure to enforce any provision does not constitute a waiver of that provision or any other provision.
|
| 1903 |
+
|
| 1904 |
+
### 24.4 Survival
|
| 1905 |
+
|
| 1906 |
+
The following provisions survive termination of services or account closure: Indigenous Data Sovereignty protections, tribal jurisdiction provisions, data retention and deletion obligations, liability and dispute resolution, and intellectual property protections.
|
| 1907 |
+
|
| 1908 |
+
### 24.5 Language
|
| 1909 |
+
|
| 1910 |
+
**Official Version:** English language version is the official and controlling version.
|
| 1911 |
+
|
| 1912 |
+
**Translations:** Translations provided for accessibility, but English version controls in case of discrepancies.
|
| 1913 |
+
|
| 1914 |
+
---
|
| 1915 |
+
|
| 1916 |
+
## 25. ACKNOWLEDGMENTS AND DECLARATIONS
|
| 1917 |
+
|
| 1918 |
+
### 25.1 User Acknowledgment
|
| 1919 |
+
|
| 1920 |
+
By using the Services, you acknowledge that you have read this entire Privacy Policy, understood your rights and our obligations, agreed to the jurisdictional provisions, consented to data practices as described, and acknowledged tribal sovereignty framework.
|
| 1921 |
+
|
| 1922 |
+
### 25.2 Indigenous Data Sovereignty Acknowledgment
|
| 1923 |
+
|
| 1924 |
+
You acknowledge and agree that Indigenous Data is subject to unique protections, CARE Principles govern Indigenous Data, tribal jurisdiction applies to Indigenous Data matters, cultural protocols are legally binding, and community rights supersede individual data rights for collective Indigenous Data.
|
| 1925 |
+
|
| 1926 |
+
### 25.3 Truthfulness Declaration
|
| 1927 |
+
|
| 1928 |
+
You represent that all information provided to the Services is truthful and accurate, current and complete, your own or provided with authorization, and not infringing others' rights.
|
| 1929 |
+
|
| 1930 |
+
### 25.4 Capacity Declaration
|
| 1931 |
+
|
| 1932 |
+
You represent that you have legal capacity to enter into this Privacy Policy, authority to provide data (including for any children), right to provide third-party data shared through Services, and authorization from relevant parties where required.
|
| 1933 |
+
|
| 1934 |
+
---
|
| 1935 |
+
|
| 1936 |
+
## APPENDIX A: DEFINITIONS QUICK REFERENCE
|
| 1937 |
+
|
| 1938 |
+
**CARE Principles:** Collective Benefit, Authority to Control, Responsibility, Ethics
|
| 1939 |
+
|
| 1940 |
+
**CCPA:** California Consumer Privacy Act
|
| 1941 |
+
|
| 1942 |
+
**Data Controller:** Rights Holder (entity determining purposes and means of processing)
|
| 1943 |
+
|
| 1944 |
+
**Data Processor:** Third-party service provider processing data on Rights Holder's behalf
|
| 1945 |
+
|
| 1946 |
+
**Data Subject:** Individual to whom Personal Data relates (you)
|
| 1947 |
+
|
| 1948 |
+
**GDPR:** General Data Protection Regulation (European Union)
|
| 1949 |
+
|
| 1950 |
+
**GTBOCI:** Grand Traverse Band of Ottawa and Chippewa Indians
|
| 1951 |
+
|
| 1952 |
+
**Indigenous Data:** Information about or from Indigenous peoples, lands, cultures, or communities
|
| 1953 |
+
|
| 1954 |
+
**Indigenous Data Sovereignty:** Inherent right of Indigenous peoples to govern their data
|
| 1955 |
+
|
| 1956 |
+
**Personal Data:** Information relating to an identified or identifiable individual
|
| 1957 |
+
|
| 1958 |
+
**Processing:** Any operation performed on data (collection, storage, use, disclosure, deletion)
|
| 1959 |
+
|
| 1960 |
+
**Rights Holder:** ᓂᐲᔥ ᐙᐸᓂᒥᑮ-ᑭᓇᐙᐸᑭᓯ (Nbiish Waabanimikii-Kinawaabakizi) / Justin Paul Kenwabikise
|
| 1961 |
+
|
| 1962 |
+
**Sensitive Personal Data:** Special categories requiring enhanced protection (race, religion, health, etc.)
|
| 1963 |
+
|
| 1964 |
+
**TK:** Traditional Knowledge
|
| 1965 |
+
|
| 1966 |
+
**TCE:** Traditional Cultural Expressions
|
| 1967 |
+
|
| 1968 |
+
**UNDRIP:** United Nations Declaration on the Rights of Indigenous Peoples
|
| 1969 |
+
|
| 1970 |
+
---
|
| 1971 |
+
|
| 1972 |
+
## APPENDIX B: YOUR PRIVACY RIGHTS AT A GLANCE
|
| 1973 |
+
|
| 1974 |
+
| Right | Description | How to Exercise |
|
| 1975 |
+
|-------|-------------|-----------------|
|
| 1976 |
+
| **Access** | Get copies of your Personal Data | Email privacy@in-digi-nous.com |
|
| 1977 |
+
| **Rectification** | Correct inaccurate data | Account settings or email |
|
| 1978 |
+
| **Deletion** | Request data deletion | Email privacy@in-digi-nous.com |
|
| 1979 |
+
| **Portability** | Receive data in portable format | Email privacy@in-digi-nous.com |
|
| 1980 |
+
| **Object** | Object to processing | Email or unsubscribe links |
|
| 1981 |
+
| **Restrict** | Limit data processing | Email privacy@in-digi-nous.com |
|
| 1982 |
+
| **Opt-Out Marketing** | Stop marketing emails | Unsubscribe link or email |
|
| 1983 |
+
| **Withdraw Consent** | Revoke previously given consent | Email or account settings |
|
| 1984 |
+
| **Lodge Complaint** | File complaint with regulator | Contact supervisory authority |
|
| 1985 |
+
| **Human Review** | Request human review of automated decisions | Email privacy@in-digi-nous.com |
|
| 1986 |
+
|
| 1987 |
+
**California Residents (CCPA):** Additional rights to know, delete, opt-out, correct, and limit use of sensitive data
|
| 1988 |
+
|
| 1989 |
+
**EU/EEA Residents (GDPR):** Full GDPR rights including data portability and right to be forgotten
|
| 1990 |
+
|
| 1991 |
+
**Indigenous Data Subjects:** Enhanced rights including cultural authority, repatriation, and collective governance
|
| 1992 |
+
|
| 1993 |
+
---
|
| 1994 |
+
|
| 1995 |
+
## APPENDIX C: CONTACT QUICK REFERENCE
|
| 1996 |
+
|
| 1997 |
+
**Privacy Inquiries:** privacy@in-digi-nous.com | 402-431-2023
|
| 1998 |
+
|
| 1999 |
+
**Data Rights Requests:** privacy@in-digi-nous.com (Subject: [Request Type])
|
| 2000 |
+
|
| 2001 |
+
**Security Incidents:** privacy@in-digi-nous.com (Subject: "Security Incident")
|
| 2002 |
+
|
| 2003 |
+
**Accessibility:** privacy@in-digi-nous.com (Subject: "Accessibility")
|
| 2004 |
+
|
| 2005 |
+
**Tribal Matters:** Grand Traverse Band Tribal Court | (231) 534-7750
|
| 2006 |
+
|
| 2007 |
+
**GDPR Complaints:** Your local EU Data Protection Authority
|
| 2008 |
+
|
| 2009 |
+
**CCPA Complaints:** California Attorney General | https://oag.ca.gov/privacy
|
| 2010 |
+
|
| 2011 |
+
**General Support:** [Primary support contact - to be specified]
|
| 2012 |
+
|
| 2013 |
+
---
|
| 2014 |
+
|
| 2015 |
+
## CLOSING STATEMENT
|
| 2016 |
+
|
| 2017 |
+
This Privacy Policy represents a commitment to protecting your privacy while honoring Indigenous Data Sovereignty, tribal jurisdiction, and the inherent rights of Indigenous peoples to control their data and cultural heritage. It integrates cutting-edge privacy protections with ancient Indigenous governance principles, creating a framework that respects both individual rights and collective Indigenous sovereignty.
|
| 2018 |
+
|
| 2019 |
+
Your privacy is not a commodity. Your data is not for sale. Your trust is sacred.
|
| 2020 |
+
|
| 2021 |
+
**Miigwech (Thank you) for entrusting us with your information.**
|
| 2022 |
+
|
| 2023 |
+
---
|
| 2024 |
+
|
| 2025 |
+
**Version:** 2.0
|
| 2026 |
+
**Effective Date:** November 8, 2025
|
| 2027 |
+
**Last Updated:** November 8, 2025
|
| 2028 |
+
**Next Scheduled Review:** November 2026
|
| 2029 |
+
|
| 2030 |
+
---
|
| 2031 |
+
|
| 2032 |
+
*"PRIVACY PROTOCOLS ACTIVE"*
|
| 2033 |
+
*"INDIGENOUS DATA SOVEREIGNTY ENFORCED"*
|
| 2034 |
+
*"CARE PRINCIPLES IMPLEMENTED"*
|
| 2035 |
+
*"TRIBAL JURISDICTION PRESERVED"*
|
| 2036 |
+
|
| 2037 |
+
*May this policy serve as a bridge between technological innovation and cultural preservation, protecting both individual privacy and collective Indigenous sovereignty for generations to come.*
|
| 2038 |
+
|
| 2039 |
+
---
|
| 2040 |
+
|
| 2041 |
+
**ᐊᓂᔑᓇᐯᒧᐎᓐ ᐱᒪᑎᓯᐎᓐ - Anishinaabemowin Pimaatiziwin (Living the Anishinaabe Way)**
|
| 2042 |
+
|
README.md
ADDED
|
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|
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|
| 1 |
+
---
|
| 2 |
+
title: GhostDance
|
| 3 |
+
emoji: ⚡️
|
| 4 |
+
colorFrom: purple
|
| 5 |
+
colorTo: indigo
|
| 6 |
+
sdk: gradio
|
| 7 |
+
sdk_version: 6.2.0
|
| 8 |
+
app_file: app.py
|
| 9 |
+
pinned: false
|
| 10 |
+
license: openrail
|
| 11 |
+
---
|
| 12 |
+
|
| 13 |
+
<div align="center">
|
| 14 |
+
<hr width="50%">
|
| 15 |
+
<h3>Support This Project</h3>
|
| 16 |
+
<table style="border: none; border-collapse: collapse;">
|
| 17 |
+
<tr style="border: none;">
|
| 18 |
+
<td align="center" style="border: none; vertical-align: middle; padding: 20px;">
|
| 19 |
+
<h4>Stripe</h4>
|
| 20 |
+
<img src="qr-stripe-donation.png" alt="Scan to donate" width="180"/>
|
| 21 |
+
<p><a href="https://raw.githubusercontent.com/nbiish/license-for-all-works/8e9b73b269add9161dc04bbdd79f818c40fca14e/qr-stripe-donation.png">Donate via Stripe</a></p>
|
| 22 |
+
</td>
|
| 23 |
+
<td align="center" style="border: none; vertical-align: middle; padding: 20px;">
|
| 24 |
+
<a href="https://www.buymeacoffee.com/nbiish">
|
| 25 |
+
<img src="buy-me-a-coffee.svg" alt="Buy me a coffee" />
|
| 26 |
+
</a>
|
| 27 |
+
</td>
|
| 28 |
+
</tr>
|
| 29 |
+
</table>
|
| 30 |
+
<hr width="50%">
|
| 31 |
+
</div>
|
| 32 |
+
|
| 33 |
+
# GhostDance
|
| 34 |
+
|
| 35 |
+
Ghost Dance protocol
|
| 36 |
+
|
| 37 |
+
## Citation
|
| 38 |
+
|
| 39 |
+
```bibtex
|
| 40 |
+
@misc{ghostDance2025,
|
| 41 |
+
author/creator/steward = {ᓂᐲᔥ ᐙᐸᓂᒥᑮ-ᑭᓇᐙᐸᑭᓯ (Nbiish Waabanimikii-Kinawaabakizi), also known legally as JUSTIN PAUL KENWABIKISE, professionally documented as Nbiish-Justin Paul Kenwabikise, Anishinaabek Dodem (Anishinaabe Clan): Animikii (Thunder), descendant of Chief ᑭᓇᐙᐸᑭᓯ (Kinwaabakizi) of the Beaver Island Band and enrolled member of the sovereign Grand Traverse Band of Ottawa and Chippewa Indians},
|
| 42 |
+
title/description = {ghostDance},
|
| 43 |
+
type_of_work = {Indigenous digital creation/software incorporating traditional knowledge and cultural expressions},
|
| 44 |
+
year = {2025},
|
| 45 |
+
publisher/source/event = {GitHub repository under tribal sovereignty protections},
|
| 46 |
+
howpublished = {\url{https://github.com/nbiish/ghostDance}},
|
| 47 |
+
note = {Authored and stewarded by ᓂᐲᔥ ᐙᐸᓂᒥᑮ-ᑭᓇᐙᐸᑭᓯ (Nbiish Waabanimikii-Kinawaabakizi), also known legally as JUSTIN PAUL KENWABIKISE, professionally documented as Nbiish-Justin Paul Kenwabikise, Anishinaabek Dodem (Anishinaabe Clan): Animikii (Thunder), descendant of Chief ᑭᓇᐙᐸᑭᓯ (Kinwaabakizi) of the Beaver Island Band and enrolled member of the sovereign Grand Traverse Band of Ottawa and Chippewa Indians. This work embodies Indigenous intellectual property, traditional knowledge systems (TK), traditional cultural expressions (TCEs), and associated data protected under tribal law, federal Indian law, treaty rights, Indigenous Data Sovereignty principles, and international indigenous rights frameworks including UNDRIP. All usage, benefit-sharing, and data governance are governed by the COMPREHENSIVE RESTRICTED USE LICENSE FOR INDIGENOUS CREATIONS WITH TRIBAL SOVEREIGNTY, DATA SOVEREIGNTY, AND WEALTH RECLAMATION PROTECTIONS.}
|
| 48 |
+
}
|
| 49 |
+
```
|
| 50 |
+
|
| 51 |
+
## Copyright
|
| 52 |
+
|
| 53 |
+
Copyright © 2025 ᓂᐲᔥ ᐙᐸᓂᒥᑮ-ᑭᓇᐙᐸᑭᓯ (Nbiish Waabanimikii-Kinawaabakizi), also known legally as JUSTIN PAUL KENWABIKISE, professionally documented as Nbiish-Justin Paul Kenwabikise, Anishinaabek Dodem (Anishinaabe Clan): Animikii (Thunder), a descendant of Chief ᑭᓇᐙᐸᑭᓯ (Kinwaabakizi) of the Beaver Island Band, and an enrolled member of the sovereign Grand Traverse Band of Ottawa and Chippewa Indians. This work embodies Traditional Knowledge and Traditional Cultural Expressions. All rights reserved.
|
Terms-of-Service.md
ADDED
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| 1 |
+
# Terms of Service
|
| 2 |
+
|
| 3 |
+
**Last Updated:** November 8, 2025
|
| 4 |
+
**Effective Date:** November 8, 2025
|
| 5 |
+
**Version:** 2.0
|
| 6 |
+
|
| 7 |
+
---
|
| 8 |
+
|
| 9 |
+
## PREAMBLE: INDIGENOUS SOVEREIGNTY AND DATA GOVERNANCE
|
| 10 |
+
|
| 11 |
+
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:
|
| 12 |
+
|
| 13 |
+
- **Indigenous Data Sovereignty** and the **CARE Principles** (Collective Benefit, Authority to Control, Responsibility, Ethics)
|
| 14 |
+
- **Traditional Knowledge Protection** as recognized under international law
|
| 15 |
+
- **Federal Indian Law** principles including treaty supremacy and tribal jurisdiction
|
| 16 |
+
- **Self-Determination** in digital governance and commercial relationships
|
| 17 |
+
|
| 18 |
+
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.
|
| 19 |
+
|
| 20 |
+
**Chi-miigwech** (Great thanks) for respecting Indigenous governance frameworks.
|
| 21 |
+
|
| 22 |
+
---
|
| 23 |
+
|
| 24 |
+
## TABLE OF CONTENTS
|
| 25 |
+
|
| 26 |
+
1. [Definitions](#1-definitions)
|
| 27 |
+
2. [Legal Framework and Jurisdiction](#2-legal-framework-and-jurisdiction)
|
| 28 |
+
3. [Agreement to Terms](#3-agreement-to-terms)
|
| 29 |
+
4. [Description of Services](#4-description-of-services)
|
| 30 |
+
5. [User Accounts and Responsibilities](#5-user-accounts-and-responsibilities)
|
| 31 |
+
6. [User Conduct and Prohibited Activities](#6-user-conduct-and-prohibited-activities)
|
| 32 |
+
7. [Intellectual Property Rights](#7-intellectual-property-rights)
|
| 33 |
+
8. [Indigenous Data Sovereignty and CARE Principles](#8-indigenous-data-sovereignty-and-care-principles)
|
| 34 |
+
9. [Traditional Knowledge Protection](#9-traditional-knowledge-protection)
|
| 35 |
+
10. [Subscription Services](#10-subscription-services)
|
| 36 |
+
11. [SaaS Product Terms](#11-saas-product-terms)
|
| 37 |
+
12. [Donations and Voluntary Contributions](#12-donations-and-voluntary-contributions)
|
| 38 |
+
13. [Payment Terms and Processing](#13-payment-terms-and-processing)
|
| 39 |
+
14. [Service Availability and Modifications](#14-service-availability-and-modifications)
|
| 40 |
+
15. [Limitation of Liability](#15-limitation-of-liability)
|
| 41 |
+
16. [Disclaimers and Warranties](#16-disclaimers-and-warranties)
|
| 42 |
+
17. [Dispute Resolution](#17-dispute-resolution)
|
| 43 |
+
18. [Enforcement and Remedies](#18-enforcement-and-remedies)
|
| 44 |
+
19. [Indemnification](#19-indemnification)
|
| 45 |
+
20. [Third-Party Services and Links](#20-third-party-services-and-links)
|
| 46 |
+
21. [Children's Privacy and Protection](#21-childrens-privacy-and-protection)
|
| 47 |
+
22. [Accessibility Commitment](#22-accessibility-commitment)
|
| 48 |
+
23. [DMCA and Copyright Compliance](#23-dmca-and-copyright-compliance)
|
| 49 |
+
24. [Force Majeure](#24-force-majeure)
|
| 50 |
+
25. [Termination and Suspension](#25-termination-and-suspension)
|
| 51 |
+
26. [Changes to Terms](#26-changes-to-terms)
|
| 52 |
+
27. [Severability and Interpretation](#27-severability-and-interpretation)
|
| 53 |
+
28. [Entire Agreement](#28-entire-agreement)
|
| 54 |
+
29. [Contact Information](#29-contact-information)
|
| 55 |
+
30. [Acknowledgment and Acceptance](#30-acknowledgment-and-acceptance)
|
| 56 |
+
|
| 57 |
+
---
|
| 58 |
+
|
| 59 |
+
## 1. DEFINITIONS
|
| 60 |
+
|
| 61 |
+
### 1.1 Core Terms
|
| 62 |
+
|
| 63 |
+
For purposes of these Terms:
|
| 64 |
+
|
| 65 |
+
**"Agreement"** means these Terms of Service, including all appendices, schedules, and incorporated documents.
|
| 66 |
+
|
| 67 |
+
**"CARE Principles"** means the framework for Indigenous Data Governance comprising Collective Benefit, Authority to Control, Responsibility, and Ethics.
|
| 68 |
+
|
| 69 |
+
**"Content"** means all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials available through the Services.
|
| 70 |
+
|
| 71 |
+
**"GTBOCI"** means the Grand Traverse Band of Ottawa and Chippewa Indians, a federally recognized Indian tribe with inherent sovereign authority.
|
| 72 |
+
|
| 73 |
+
**"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.
|
| 74 |
+
|
| 75 |
+
**"Indigenous Data"** means information or data that relates to Indigenous peoples, territories, resources, knowledges, cultures, languages, or governance systems.
|
| 76 |
+
|
| 77 |
+
**"Rights Holder"** means ᓂᐲᔥ Nbiish-Justin Kenwabikise ᑭᓇᐙᐱᑭᓯ, an enrolled member of GTBOCI operating under tribal sovereign authority.
|
| 78 |
+
|
| 79 |
+
**"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.
|
| 80 |
+
|
| 81 |
+
**"Traditional Knowledge (TK)"** means knowledge, innovations, and practices of Indigenous peoples developed from experience gained over centuries and adapted to local cultures and environments.
|
| 82 |
+
|
| 83 |
+
**"Tribal Court"** means the Grand Traverse Band Tribal Court or successor judicial authority established by GTBOCI.
|
| 84 |
+
|
| 85 |
+
**"User," "You," or "Your"** means any individual or entity accessing or using the Services.
|
| 86 |
+
|
| 87 |
+
### 1.2 Indigenous-Specific Terms
|
| 88 |
+
|
| 89 |
+
**"Anishinaabemowin"** means the Anishinaabe language, a living expression of Indigenous knowledge systems.
|
| 90 |
+
|
| 91 |
+
**"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.
|
| 92 |
+
|
| 93 |
+
**"Sacred Knowledge"** means Traditional Knowledge of religious, ceremonial, or spiritual significance that requires heightened protection under these Terms and applicable law.
|
| 94 |
+
|
| 95 |
+
**"TK Labels"** means Traditional Knowledge Labels developed by Local Contexts (localcontexts.org) for identifying and managing Indigenous cultural heritage.
|
| 96 |
+
|
| 97 |
+
---
|
| 98 |
+
|
| 99 |
+
## 2. LEGAL FRAMEWORK AND JURISDICTION
|
| 100 |
+
|
| 101 |
+
### 2.1 Tribal Sovereignty Foundation
|
| 102 |
+
|
| 103 |
+
These Terms are established under the inherent sovereign authority of GTBOCI as recognized by:
|
| 104 |
+
|
| 105 |
+
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")
|
| 106 |
+
2. **Constitutional Supremacy:** U.S. Const. art. VI, cl. 2 (federal treaties and Indian law preempt conflicting state law)
|
| 107 |
+
3. **Treaty Authority:** Treaty of Washington (1836), Treaty of Detroit (1855)
|
| 108 |
+
4. **Self-Determination:** Indian Self-Determination and Education Assistance Act, 25 U.S.C. § 5301 et seq.
|
| 109 |
+
|
| 110 |
+
### 2.2 Governing Law
|
| 111 |
+
|
| 112 |
+
These Terms shall be governed by and construed in accordance with:
|
| 113 |
+
|
| 114 |
+
1. **Tribal Law:** Laws, ordinances, and regulations of GTBOCI, including Traditional Law and custom
|
| 115 |
+
2. **Federal Law:** Federal statutes, regulations, and treaties applicable to Indian tribes and Indian Country
|
| 116 |
+
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
|
| 117 |
+
|
| 118 |
+
**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.
|
| 119 |
+
|
| 120 |
+
### 2.3 Exclusive Tribal Court Jurisdiction
|
| 121 |
+
|
| 122 |
+
**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.**
|
| 123 |
+
|
| 124 |
+
This exclusive jurisdiction includes, without limitation:
|
| 125 |
+
|
| 126 |
+
1. **Contract Disputes:** Breach, interpretation, enforcement, or validity of these Terms
|
| 127 |
+
2. **Tort Claims:** Negligence, defamation, privacy violations, or other civil wrongs
|
| 128 |
+
3. **Intellectual Property:** Disputes involving Traditional Knowledge, patents, copyrights, trademarks, trade secrets
|
| 129 |
+
4. **Indigenous Data Rights:** Violations of CARE Principles, data sovereignty, or Indigenous rights
|
| 130 |
+
5. **Payment Disputes:** Billing, refunds, chargebacks, or financial transactions
|
| 131 |
+
6. **Regulatory Compliance:** Enforcement of tribal laws, federal Indian law, or international Indigenous rights frameworks
|
| 132 |
+
|
| 133 |
+
### 2.4 Federal Court Alternative Jurisdiction
|
| 134 |
+
|
| 135 |
+
If and ONLY IF:
|
| 136 |
+
|
| 137 |
+
1. The Tribal Court declines jurisdiction, OR
|
| 138 |
+
2. A party appeals a final Tribal Court decision, OR
|
| 139 |
+
3. Federal law provides exclusive federal court jurisdiction,
|
| 140 |
+
|
| 141 |
+
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.
|
| 142 |
+
|
| 143 |
+
### 2.5 State Court Prohibition and Liquidated Damages
|
| 144 |
+
|
| 145 |
+
**STATE COURTS HAVE NO JURISDICTION** over any disputes arising from these Terms.
|
| 146 |
+
|
| 147 |
+
Any party who initiates, maintains, or participates in state court proceedings in violation of this prohibition SHALL:
|
| 148 |
+
|
| 149 |
+
1. **Immediately pay** Rights Holder liquidated damages of **$100,000 USD** for each violation
|
| 150 |
+
2. **Bear all costs** of removing the action to Tribal Court or federal court, including reasonable attorney's fees
|
| 151 |
+
3. **Waive all claims** attempted to be asserted in the impermissible state court forum
|
| 152 |
+
|
| 153 |
+
These liquidated damages represent a reasonable pre-estimate of harm caused by violating tribal sovereignty and forcing Rights Holder to defend jurisdictional challenges.
|
| 154 |
+
|
| 155 |
+
### 2.6 Consent to Tribal Court Jurisdiction
|
| 156 |
+
|
| 157 |
+
By using the Services, you:
|
| 158 |
+
|
| 159 |
+
1. **Irrevocably consent** to the personal jurisdiction of the Tribal Court
|
| 160 |
+
2. **Waive any objection** to venue in Tribal Court based on inconvenient forum or lack of personal jurisdiction
|
| 161 |
+
3. **Agree to appear** in Tribal Court proceedings upon proper notice
|
| 162 |
+
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
|
| 163 |
+
|
| 164 |
+
### 2.7 Applicable Case Law
|
| 165 |
+
|
| 166 |
+
The following precedents inform interpretation of these Terms:
|
| 167 |
+
|
| 168 |
+
- **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)
|
| 169 |
+
- **State Preemption:** *Worcester v. Georgia*, 31 U.S. (6 Pet.) 515 (1832); *Williams v. Lee*, 358 U.S. 217 (1959)
|
| 170 |
+
- **Tribal Sovereign Immunity:** *Michigan v. Bay Mills Indian Community*, 572 U.S. 782 (2014); *Kiowa Tribe v. Manufacturing Technologies*, 523 U.S. 751 (1998)
|
| 171 |
+
- **Montana Exceptions:** *Montana v. United States*, 450 U.S. 544 (1981); *United States v. Cooley*, 141 S. Ct. 1638 (2021)
|
| 172 |
+
|
| 173 |
+
---
|
| 174 |
+
|
| 175 |
+
## 3. AGREEMENT TO TERMS
|
| 176 |
+
|
| 177 |
+
### 3.1 Binding Agreement
|
| 178 |
+
|
| 179 |
+
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.
|
| 180 |
+
|
| 181 |
+
### 3.2 Capacity and Authority
|
| 182 |
+
|
| 183 |
+
You represent and warrant that:
|
| 184 |
+
|
| 185 |
+
1. You are at least 18 years of age OR have obtained parental/guardian consent if under 18
|
| 186 |
+
2. You have the legal capacity and authority to enter into binding contracts
|
| 187 |
+
3. You are not barred from using the Services under applicable law
|
| 188 |
+
4. All registration information you provide is accurate, current, and complete
|
| 189 |
+
|
| 190 |
+
### 3.3 Acceptance Methods
|
| 191 |
+
|
| 192 |
+
You accept these Terms by:
|
| 193 |
+
|
| 194 |
+
1. **Clicking "I Agree"** or similar acknowledgment buttons
|
| 195 |
+
2. **Creating an account** or registering for Services
|
| 196 |
+
3. **Making a payment** for subscription services, SaaS products, or donations
|
| 197 |
+
4. **Accessing or using** any portion of the Services
|
| 198 |
+
5. **Continuing to use** Services after receiving notice of Terms modifications
|
| 199 |
+
|
| 200 |
+
### 3.4 Rejection of Terms
|
| 201 |
+
|
| 202 |
+
If you do NOT agree to these Terms, you must:
|
| 203 |
+
|
| 204 |
+
1. **Immediately cease** all use of the Services
|
| 205 |
+
2. **Refrain from creating** an account or accessing protected content
|
| 206 |
+
3. **Delete any materials** downloaded from the Services
|
| 207 |
+
4. **Contact Rights Holder** to request account deletion (if applicable)
|
| 208 |
+
|
| 209 |
+
---
|
| 210 |
+
|
| 211 |
+
## 4. DESCRIPTION OF SERVICES
|
| 212 |
+
|
| 213 |
+
### 4.1 Service Offerings
|
| 214 |
+
|
| 215 |
+
Rights Holder provides the following categories of Services:
|
| 216 |
+
|
| 217 |
+
#### 4.1.1 Software as a Service (SaaS) Products
|
| 218 |
+
|
| 219 |
+
Cloud-based software applications accessed via internet, including but not limited to:
|
| 220 |
+
|
| 221 |
+
- AI-powered development tools with Indigenous Data Sovereignty protections
|
| 222 |
+
- Traditional Knowledge management systems with CARE Principles integration
|
| 223 |
+
- Cultural preservation platforms with community consent mechanisms
|
| 224 |
+
- Language revitalization tools incorporating Anishinaabemowin and other Indigenous languages
|
| 225 |
+
- Data governance frameworks implementing Indigenous protocols
|
| 226 |
+
|
| 227 |
+
#### 4.1.2 Subscription Services
|
| 228 |
+
|
| 229 |
+
Recurring access to premium content, features, or resources, including:
|
| 230 |
+
|
| 231 |
+
- Educational materials on Indigenous Data Sovereignty and federal Indian law
|
| 232 |
+
- Software development resources with cultural competency training
|
| 233 |
+
- Early access to new tools, features, or content
|
| 234 |
+
- Enhanced support and consultation services
|
| 235 |
+
- Community access to private forums or networks
|
| 236 |
+
|
| 237 |
+
#### 4.1.3 Donation Platforms
|
| 238 |
+
|
| 239 |
+
Voluntary contribution mechanisms supporting:
|
| 240 |
+
|
| 241 |
+
- Indigenous technology development
|
| 242 |
+
- Traditional Knowledge preservation projects
|
| 243 |
+
- Language revitalization initiatives
|
| 244 |
+
- Community benefit programs
|
| 245 |
+
- Open-source Indigenous software tools
|
| 246 |
+
|
| 247 |
+
#### 4.1.4 Content and Information Services
|
| 248 |
+
|
| 249 |
+
Publicly accessible resources including:
|
| 250 |
+
|
| 251 |
+
- Blog posts on Indigenous Data Sovereignty, AI ethics, and technology
|
| 252 |
+
- Project showcases demonstrating Indigenous-led innovation
|
| 253 |
+
- Documentation and guides for implementing CARE Principles
|
| 254 |
+
- Case studies on tribal jurisdiction and digital sovereignty
|
| 255 |
+
- Educational materials on federal Indian law and treaty rights
|
| 256 |
+
|
| 257 |
+
#### 4.1.5 API and Integration Services
|
| 258 |
+
|
| 259 |
+
Developer tools and interfaces for:
|
| 260 |
+
|
| 261 |
+
- Integrating CARE Principles into third-party applications
|
| 262 |
+
- Accessing Traditional Knowledge Labels (TK Labels) systems
|
| 263 |
+
- Implementing Indigenous data governance protocols
|
| 264 |
+
- Building culturally responsive AI systems
|
| 265 |
+
- Connecting to Indigenous-controlled data repositories
|
| 266 |
+
|
| 267 |
+
### 4.2 Service Modifications
|
| 268 |
+
|
| 269 |
+
Rights Holder reserves the right to:
|
| 270 |
+
|
| 271 |
+
1. **Modify, suspend, or discontinue** any Service or feature at any time with or without notice
|
| 272 |
+
2. **Add new Services** or features subject to these Terms or supplemental terms
|
| 273 |
+
3. **Impose usage limits** on certain features or Services
|
| 274 |
+
4. **Change pricing** for paid Services with 30 days' notice to active subscribers
|
| 275 |
+
|
| 276 |
+
### 4.3 Beta and Experimental Features
|
| 277 |
+
|
| 278 |
+
Some Services may be offered as "beta," "experimental," or "preview" versions. These Services:
|
| 279 |
+
|
| 280 |
+
1. Are provided AS-IS without warranties of any kind
|
| 281 |
+
2. May contain bugs, errors, or unfinished features
|
| 282 |
+
3. May be discontinued at any time without notice
|
| 283 |
+
4. May not be subject to the same support or SLA as production Services
|
| 284 |
+
5. Should not be used for mission-critical applications without explicit written approval
|
| 285 |
+
|
| 286 |
+
### 4.4 Geographic Availability
|
| 287 |
+
|
| 288 |
+
Services are provided from servers located in the United States. Availability and performance may vary based on:
|
| 289 |
+
|
| 290 |
+
### 4.4 Geographic Availability
|
| 291 |
+
|
| 292 |
+
Services are provided from servers located in the United States. Availability and performance may vary based on:
|
| 293 |
+
|
| 294 |
+
1. Your geographic location
|
| 295 |
+
2. Local internet infrastructure
|
| 296 |
+
3. Compliance with export control and sanctions laws
|
| 297 |
+
4. Tribal data sovereignty requirements
|
| 298 |
+
|
| 299 |
+
---
|
| 300 |
+
|
| 301 |
+
## 5. USER ACCOUNTS AND RESPONSIBILITIES
|
| 302 |
+
|
| 303 |
+
### 5.1 Account Creation
|
| 304 |
+
|
| 305 |
+
To access certain Services, you may need to create an account. When creating an account, you must:
|
| 306 |
+
|
| 307 |
+
1. **Provide accurate information** including your name, email address, and other requested details
|
| 308 |
+
2. **Choose a secure password** meeting minimum complexity requirements
|
| 309 |
+
3. **Verify your email address** through our confirmation process
|
| 310 |
+
4. **Accept these Terms** and our Privacy Policy
|
| 311 |
+
5. **Maintain current information** by updating your account details as needed
|
| 312 |
+
|
| 313 |
+
### 5.2 Account Security
|
| 314 |
+
|
| 315 |
+
You are responsible for:
|
| 316 |
+
|
| 317 |
+
1. **Safeguarding your password** and account credentials
|
| 318 |
+
2. **All activities** occurring under your account
|
| 319 |
+
3. **Unauthorized access** if you fail to maintain reasonable security
|
| 320 |
+
4. **Notifying Rights Holder** immediately of any unauthorized use or security breach
|
| 321 |
+
|
| 322 |
+
Rights Holder is NOT liable for losses arising from unauthorized account access if you failed to maintain reasonable security measures.
|
| 323 |
+
|
| 324 |
+
### 5.3 Account Restrictions
|
| 325 |
+
|
| 326 |
+
You may NOT:
|
| 327 |
+
|
| 328 |
+
1. **Share your account** with others or allow multiple individuals to use a single account
|
| 329 |
+
2. **Create multiple accounts** for the same individual without authorization
|
| 330 |
+
3. **Use automated tools** (bots, scrapers) to create or access accounts
|
| 331 |
+
4. **Impersonate others** or provide false identity information
|
| 332 |
+
5. **Sell, transfer, or sublicense** your account to third parties
|
| 333 |
+
|
| 334 |
+
### 5.4 Account Termination
|
| 335 |
+
|
| 336 |
+
Rights Holder may suspend or terminate your account at any time for:
|
| 337 |
+
|
| 338 |
+
1. Violation of these Terms
|
| 339 |
+
2. Fraudulent, abusive, or illegal activity
|
| 340 |
+
3. Extended periods of inactivity
|
| 341 |
+
4. Protection of Rights Holder, other users, or the Services
|
| 342 |
+
5. Compliance with legal obligations or court orders
|
| 343 |
+
|
| 344 |
+
Upon termination:
|
| 345 |
+
|
| 346 |
+
1. Your access to Services will immediately cease
|
| 347 |
+
2. Your User Content may be deleted (subject to backup retention policies)
|
| 348 |
+
3. Subscription fees are NON-REFUNDABLE except as required by law
|
| 349 |
+
4. These Terms remain in effect for disputes arising prior to termination
|
| 350 |
+
|
| 351 |
+
---
|
| 352 |
+
|
| 353 |
+
## 6. USER CONDUCT AND PROHIBITED ACTIVITIES
|
| 354 |
+
|
| 355 |
+
### 6.1 General Conduct Standards
|
| 356 |
+
|
| 357 |
+
When using Services, you agree to:
|
| 358 |
+
|
| 359 |
+
1. **Respect Indigenous rights** including data sovereignty and Traditional Knowledge protections
|
| 360 |
+
2. **Comply with all applicable laws** including tribal law, federal law, and international treaties
|
| 361 |
+
3. **Act in good faith** and maintain professional, respectful interactions
|
| 362 |
+
4. **Honor consent protocols** for accessing or using Indigenous Data or Traditional Knowledge
|
| 363 |
+
5. **Report violations** of these Terms or harmful activity to Rights Holder
|
| 364 |
+
|
| 365 |
+
### 6.2 Prohibited Activities
|
| 366 |
+
|
| 367 |
+
You may NOT:
|
| 368 |
+
|
| 369 |
+
#### 6.2.1 Legal Violations
|
| 370 |
+
|
| 371 |
+
- Violate any local, state, tribal, federal, or international law or regulation
|
| 372 |
+
- Infringe intellectual property rights of Rights Holder, Indigenous communities, or third parties
|
| 373 |
+
- Engage in fraud, theft, money laundering, or other financial crimes
|
| 374 |
+
- Violate export control laws or sanctions regulations
|
| 375 |
+
- Misappropriate Traditional Knowledge or Indigenous Data
|
| 376 |
+
|
| 377 |
+
#### 6.2.2 Security Violations
|
| 378 |
+
|
| 379 |
+
- Attempt to gain unauthorized access to Services, systems, or networks
|
| 380 |
+
- Introduce viruses, malware, ransomware, or malicious code
|
| 381 |
+
- Conduct denial-of-service (DoS) or distributed denial-of-service (DDoS) attacks
|
| 382 |
+
- Probe, scan, or test vulnerabilities without written authorization
|
| 383 |
+
- Circumvent security measures, access controls, or authentication systems
|
| 384 |
+
|
| 385 |
+
#### 6.2.3 Misuse of Services
|
| 386 |
+
|
| 387 |
+
- Use Services for any unlawful, harmful, or exploitative purpose
|
| 388 |
+
- Harass, threaten, defame, or harm other users or third parties
|
| 389 |
+
- Spam, phish, or send unsolicited commercial messages
|
| 390 |
+
- Scrape, crawl, or harvest data without authorization
|
| 391 |
+
- Reverse engineer, decompile, or disassemble software or systems
|
| 392 |
+
|
| 393 |
+
#### 6.2.4 Indigenous Data Violations
|
| 394 |
+
|
| 395 |
+
- Access Indigenous Data without proper consent or authority
|
| 396 |
+
- Use Traditional Knowledge for commercial purposes without benefit-sharing agreements
|
| 397 |
+
- Ignore or violate TK Labels (Traditional Knowledge Labels) restrictions
|
| 398 |
+
- Claim ownership of Traditional Knowledge or Indigenous cultural heritage
|
| 399 |
+
- Apply for patents, copyrights, or other IP rights over Traditional Knowledge
|
| 400 |
+
|
| 401 |
+
#### 6.2.5 Content Violations
|
| 402 |
+
|
| 403 |
+
- Upload, post, or transmit content that is:
|
| 404 |
+
- Defamatory, libelous, or false
|
| 405 |
+
- Obscene, pornographic, or sexually explicit
|
| 406 |
+
- Promoting discrimination, bigotry, racism, or violence
|
| 407 |
+
- Violating privacy rights of individuals or communities
|
| 408 |
+
- Infringing copyrights, trademarks, or other IP rights
|
| 409 |
+
|
| 410 |
+
### 6.3 Enforcement
|
| 411 |
+
|
| 412 |
+
Violation of prohibited activities may result in:
|
| 413 |
+
|
| 414 |
+
1. **Immediate suspension** or termination of your account
|
| 415 |
+
2. **Removal of content** violating these Terms
|
| 416 |
+
3. **Legal action** including civil damages and criminal prosecution
|
| 417 |
+
4. **Referral to tribal law enforcement** or federal authorities
|
| 418 |
+
5. **Liquidated damages** of up to **$250,000 USD** for Indigenous Data violations (as specified in the LICENSE)
|
| 419 |
+
|
| 420 |
+
---
|
| 421 |
+
|
| 422 |
+
## 7. INTELLECTUAL PROPERTY RIGHTS
|
| 423 |
+
|
| 424 |
+
### 7.1 Rights Holder's Intellectual Property
|
| 425 |
+
|
| 426 |
+
#### 7.1.1 Ownership
|
| 427 |
+
|
| 428 |
+
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:
|
| 429 |
+
|
| 430 |
+
- **Copyright:** U.S. Copyright Act, 17 U.S.C. § 101 et seq.
|
| 431 |
+
- **Trademark:** Lanham Act, 15 U.S.C. § 1051 et seq.
|
| 432 |
+
- **Patent:** Patent Act, 35 U.S.C. § 1 et seq. (where applicable)
|
| 433 |
+
- **Trade Secret:** Defend Trade Secrets Act, 18 U.S.C. § 1836 et seq.
|
| 434 |
+
- **Tribal Law:** GTBOCI intellectual property ordinances
|
| 435 |
+
- **Traditional Knowledge:** WIPO Traditional Knowledge instruments, UNDRIP Article 31
|
| 436 |
+
|
| 437 |
+
#### 7.1.2 License Grant to Users
|
| 438 |
+
|
| 439 |
+
Subject to your compliance with these Terms, Rights Holder grants you a limited, non-exclusive, non-transferable, revocable license to:
|
| 440 |
+
|
| 441 |
+
1. **Access and use** the Services for their intended purpose
|
| 442 |
+
2. **Download and display** Content for personal, non-commercial use
|
| 443 |
+
3. **Use APIs** in accordance with API documentation and rate limits
|
| 444 |
+
4. **Reproduce Content** only as necessary to use the Services
|
| 445 |
+
|
| 446 |
+
This license does NOT include rights to:
|
| 447 |
+
|
| 448 |
+
- Modify, adapt, or create derivative works
|
| 449 |
+
- Distribute, sublicense, or commercially exploit Services or Content
|
| 450 |
+
- Remove or alter copyright notices, attributions, or TK Labels
|
| 451 |
+
- Use Services or Content in a manner that competes with Rights Holder
|
| 452 |
+
|
| 453 |
+
### 7.2 User-Generated Content
|
| 454 |
+
|
| 455 |
+
#### 7.2.1 User Content Ownership
|
| 456 |
+
|
| 457 |
+
You retain ownership of all content you create, upload, post, or transmit through the Services ("User Content").
|
| 458 |
+
|
| 459 |
+
#### 7.2.2 License Grant to Rights Holder
|
| 460 |
+
|
| 461 |
+
By submitting User Content, you grant Rights Holder a worldwide, non-exclusive, royalty-free, sublicensable license to:
|
| 462 |
+
|
| 463 |
+
1. **Use, reproduce, and store** User Content to provide Services
|
| 464 |
+
2. **Display and distribute** User Content within the Services
|
| 465 |
+
3. **Modify and adapt** User Content for technical compatibility
|
| 466 |
+
4. **Create backup copies** for service reliability and data recovery
|
| 467 |
+
|
| 468 |
+
This license exists ONLY for the purpose of operating and improving Services. Rights Holder will NOT:
|
| 469 |
+
|
| 470 |
+
- Sell your User Content to third parties
|
| 471 |
+
- Use User Content for purposes unrelated to Services
|
| 472 |
+
- Claim ownership of your User Content
|
| 473 |
+
- Ignore your privacy settings or consent preferences
|
| 474 |
+
|
| 475 |
+
#### 7.2.3 User Content Representations
|
| 476 |
+
|
| 477 |
+
By submitting User Content, you represent and warrant that:
|
| 478 |
+
|
| 479 |
+
1. You own all rights to the User Content OR have obtained necessary permissions
|
| 480 |
+
2. User Content does not infringe third-party intellectual property rights
|
| 481 |
+
3. User Content does not contain malware, viruses, or malicious code
|
| 482 |
+
4. User Content complies with these Terms and applicable law
|
| 483 |
+
5. If User Content contains Indigenous Data or Traditional Knowledge, you have obtained proper consent and have authority to share it
|
| 484 |
+
|
| 485 |
+
#### 7.2.4 Content Removal
|
| 486 |
+
|
| 487 |
+
Rights Holder may remove User Content that:
|
| 488 |
+
|
| 489 |
+
- Violates these Terms
|
| 490 |
+
- Infringes intellectual property rights
|
| 491 |
+
- Misuses Indigenous Data or Traditional Knowledge
|
| 492 |
+
- Poses security or legal risks
|
| 493 |
+
- Is reported by affected communities or rights holders
|
| 494 |
+
|
| 495 |
+
---
|
| 496 |
+
|
| 497 |
+
## 8. INDIGENOUS DATA SOVEREIGNTY AND CARE PRINCIPLES
|
| 498 |
+
|
| 499 |
+
### 8.1 Commitment to Indigenous Data Sovereignty
|
| 500 |
+
|
| 501 |
+
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.
|
| 502 |
+
|
| 503 |
+
### 8.2 CARE Principles Framework
|
| 504 |
+
|
| 505 |
+
All Indigenous Data within Services is governed by the **CARE Principles for Indigenous Data Governance**:
|
| 506 |
+
|
| 507 |
+
#### 8.2.1 Collective Benefit
|
| 508 |
+
|
| 509 |
+
Indigenous Data ecosystems shall be designed and function in ways that enable Indigenous Peoples to derive benefit from the data.
|
| 510 |
+
|
| 511 |
+
**Implementation:**
|
| 512 |
+
- Benefits from Indigenous Data accrue to Indigenous communities
|
| 513 |
+
- Data infrastructure investments support Indigenous capacity building
|
| 514 |
+
- Revenue from Indigenous Data products supports community programs
|
| 515 |
+
- Innovation using Indigenous Data includes Indigenous partners as co-creators
|
| 516 |
+
|
| 517 |
+
#### 8.2.2 Authority to Control
|
| 518 |
+
|
| 519 |
+
Indigenous Peoples' rights and interests in Indigenous Data must be recognized and their authority to control such data be empowered.
|
| 520 |
+
|
| 521 |
+
**Implementation:**
|
| 522 |
+
- Indigenous communities retain decision-making authority over their data
|
| 523 |
+
- Consent mechanisms respect community governance protocols
|
| 524 |
+
- Free, Prior, and Informed Consent (FPIC) required before data use
|
| 525 |
+
- Data access controls honor Indigenous preferences and restrictions
|
| 526 |
+
|
| 527 |
+
#### 8.2.3 Responsibility
|
| 528 |
+
|
| 529 |
+
Those working with Indigenous Data have a responsibility to share how data is used to support Indigenous Peoples' self-determination and collective benefit.
|
| 530 |
+
|
| 531 |
+
**Implementation:**
|
| 532 |
+
- Transparent reporting on Indigenous Data usage
|
| 533 |
+
- Accountability mechanisms for data stewardship
|
| 534 |
+
- Regular community consultations on data practices
|
| 535 |
+
- Documentation of data provenance and custodianship chains
|
| 536 |
+
|
| 537 |
+
#### 8.2.4 Ethics
|
| 538 |
+
|
| 539 |
+
Indigenous Peoples' rights and wellbeing should be the primary concern across the data lifecycle and across the data ecosystem.
|
| 540 |
+
|
| 541 |
+
**Implementation:**
|
| 542 |
+
- Privacy protections exceed minimum legal requirements
|
| 543 |
+
- Cultural sensitivity in data collection and use
|
| 544 |
+
- Protection of Sacred Knowledge and ceremonial information
|
| 545 |
+
- Harm prevention through ethical review processes
|
| 546 |
+
|
| 547 |
+
### 8.3 Traditional Knowledge Labels (TK Labels)
|
| 548 |
+
|
| 549 |
+
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:
|
| 550 |
+
|
| 551 |
+
1. **Respect the restrictions** indicated by the label
|
| 552 |
+
2. **Seek additional permission** before using labeled content
|
| 553 |
+
3. **Contact the source community** for guidance on appropriate use
|
| 554 |
+
4. **NOT remove or obscure** TK Labels from content
|
| 555 |
+
|
| 556 |
+
### 8.4 Indigenous Data Subject Rights
|
| 557 |
+
|
| 558 |
+
If you are Indigenous or part of an Indigenous community, you have enhanced rights including:
|
| 559 |
+
|
| 560 |
+
1. **Collective Control:** Community-level governance over shared Indigenous Data
|
| 561 |
+
2. **Cultural Context:** Right to have data understood within cultural frameworks
|
| 562 |
+
3. **Benefit Sharing:** Right to fair compensation and benefit from data use
|
| 563 |
+
4. **Sacred Knowledge Protection:** Extra protections for ceremonial or spiritual information
|
| 564 |
+
5. **Repatriation Rights:** Right to reclaim Indigenous Data held by third parties
|
| 565 |
+
|
| 566 |
+
### 8.5 AI and Algorithmic Transparency
|
| 567 |
+
|
| 568 |
+
When AI systems process Indigenous Data:
|
| 569 |
+
|
| 570 |
+
1. **Explainability:** Algorithmic decisions affecting Indigenous data subjects must be explainable
|
| 571 |
+
2. **Bias Testing:** AI models must be tested for cultural bias and discrimination
|
| 572 |
+
3. **Community Review:** Indigenous communities may request review of AI systems using their data
|
| 573 |
+
4. **Opt-Out Rights:** Communities may opt out of AI processing without losing access to Services
|
| 574 |
+
|
| 575 |
+
---
|
| 576 |
+
|
| 577 |
+
## 9. TRADITIONAL KNOWLEDGE PROTECTION
|
| 578 |
+
|
| 579 |
+
### 9.1 Recognition of Traditional Knowledge Rights
|
| 580 |
+
|
| 581 |
+
Rights Holder recognizes that Traditional Knowledge (TK) is:
|
| 582 |
+
|
| 583 |
+
1. **Collectively owned** by Indigenous peoples and communities
|
| 584 |
+
2. **Intergenerational** knowledge passed down through generations
|
| 585 |
+
3. **Living knowledge** that continues to evolve and develop
|
| 586 |
+
4. **Sacred** in many instances, requiring special protection
|
| 587 |
+
5. **Protected** under international law including UNDRIP Article 31, WIPO Traditional Knowledge frameworks, and the Nagoya Protocol
|
| 588 |
+
|
| 589 |
+
### 9.2 Sacred Knowledge Protection
|
| 590 |
+
|
| 591 |
+
Certain Traditional Knowledge is of religious, ceremonial, or spiritual significance. Sacred Knowledge receives heightened protection:
|
| 592 |
+
|
| 593 |
+
1. **Access Restrictions:** Limited to community members and authorized individuals
|
| 594 |
+
2. **No Commercial Use:** Prohibited from commercial exploitation without explicit community consent
|
| 595 |
+
3. **Ceremony Respect:** Seasonal or ceremonial restrictions honored
|
| 596 |
+
4. **Elder Consultation:** Access requires approval from knowledge keepers and elders
|
| 597 |
+
5. **Non-Disclosure:** May not be shared outside authorized contexts
|
| 598 |
+
|
| 599 |
+
### 9.3 Benefit-Sharing Requirements
|
| 600 |
+
|
| 601 |
+
Commercial use of Traditional Knowledge requires:
|
| 602 |
+
|
| 603 |
+
1. **Community Consent:** Free, Prior, and Informed Consent from knowledge holders
|
| 604 |
+
2. **Benefit-Sharing Agreement:** Written agreement specifying how benefits will be distributed
|
| 605 |
+
3. **Fair Compensation:** Equitable sharing of monetary and non-monetary benefits
|
| 606 |
+
4. **Capacity Building:** Investments in community capacity and cultural preservation
|
| 607 |
+
5. **Ongoing Consultation:** Continued engagement with knowledge holders
|
| 608 |
+
|
| 609 |
+
### 9.4 Prohibition on Misappropriation
|
| 610 |
+
|
| 611 |
+
You may NOT:
|
| 612 |
+
|
| 613 |
+
1. **Claim ownership** of Traditional Knowledge
|
| 614 |
+
2. **File patents or trademarks** on Traditional Knowledge without community consent
|
| 615 |
+
3. **Use Sacred Knowledge** for commercial purposes
|
| 616 |
+
4. **Distort or misrepresent** Traditional Knowledge
|
| 617 |
+
5. **Share Traditional Knowledge** beyond the scope of granted permissions
|
| 618 |
+
|
| 619 |
+
Violations may result in damages up to **$250,000 USD** per incident as specified in the LICENSE.
|
| 620 |
+
|
| 621 |
+
---
|
| 622 |
+
|
| 623 |
+
## 10. SUBSCRIPTION SERVICES
|
| 624 |
+
|
| 625 |
+
### 10.1 Subscription Terms and Billing
|
| 626 |
+
|
| 627 |
+
#### 10.1.1 Subscription Offerings
|
| 628 |
+
|
| 629 |
+
Rights Holder may offer various subscription tiers, including but not limited to:
|
| 630 |
+
|
| 631 |
+
- **Basic:** Access to core features and standard support
|
| 632 |
+
- **Professional:** Enhanced features, priority support, advanced tools
|
| 633 |
+
- **Enterprise:** Custom solutions, dedicated support, bulk licensing
|
| 634 |
+
- **Community:** Special pricing for Indigenous organizations and nonprofits
|
| 635 |
+
|
| 636 |
+
#### 10.1.2 Billing Cycle
|
| 637 |
+
|
| 638 |
+
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:
|
| 639 |
+
|
| 640 |
+
1. **At signup** for the initial subscription period
|
| 641 |
+
2. **Automatically** at the start of each subsequent billing cycle
|
| 642 |
+
3. **For any upgrades** or additional services purchased
|
| 643 |
+
4. **For overage fees** if usage exceeds plan limits
|
| 644 |
+
|
| 645 |
+
#### 10.1.3 Price Changes
|
| 646 |
+
|
| 647 |
+
Rights Holder may modify subscription pricing with **30 days' advance notice**. Notice will be provided via:
|
| 648 |
+
|
| 649 |
+
- Email to your registered account address
|
| 650 |
+
- In-app notification upon login
|
| 651 |
+
- Posting on the Services website
|
| 652 |
+
|
| 653 |
+
If you do not accept a price increase, you may cancel your subscription before the new price takes effect.
|
| 654 |
+
|
| 655 |
+
### 10.2 Free Trials and Promotional Offers
|
| 656 |
+
|
| 657 |
+
#### 10.2.1 Trial Terms
|
| 658 |
+
|
| 659 |
+
Free trials may be offered for certain subscription Services. During a trial:
|
| 660 |
+
|
| 661 |
+
- You receive full access to trial-tier features
|
| 662 |
+
- Payment information may be required at signup
|
| 663 |
+
- No charges occur during the trial period
|
| 664 |
+
- Trial automatically converts to paid subscription unless canceled
|
| 665 |
+
|
| 666 |
+
#### 10.2.2 Trial Restrictions
|
| 667 |
+
|
| 668 |
+
- One trial per user per subscription type
|
| 669 |
+
- Not available to users who previously subscribed to the same tier
|
| 670 |
+
- Rights Holder may verify eligibility and cancel fraudulent trial signups
|
| 671 |
+
- Trial terms may differ from standard subscription terms (features, support, SLAs)
|
| 672 |
+
|
| 673 |
+
#### 10.2.3 Promotional Codes
|
| 674 |
+
|
| 675 |
+
Promotional discount codes:
|
| 676 |
+
|
| 677 |
+
- Must be applied at time of purchase
|
| 678 |
+
- Cannot be combined unless explicitly stated
|
| 679 |
+
- May have expiration dates or usage limits
|
| 680 |
+
- Are non-transferable and have no cash value
|
| 681 |
+
- May be revoked if obtained through fraud or abuse
|
| 682 |
+
|
| 683 |
+
### 10.3 Cancellation and Refunds
|
| 684 |
+
|
| 685 |
+
#### 10.3.1 Cancellation Process
|
| 686 |
+
|
| 687 |
+
You may cancel your subscription at any time by:
|
| 688 |
+
|
| 689 |
+
1. Accessing account settings and selecting "Cancel Subscription"
|
| 690 |
+
2. Contacting support at support@in-digi-nous.com
|
| 691 |
+
3. Submitting a written cancellation request
|
| 692 |
+
|
| 693 |
+
Upon cancellation:
|
| 694 |
+
|
| 695 |
+
- Your subscription remains active until the end of the current billing period
|
| 696 |
+
- You will not be charged for subsequent billing cycles
|
| 697 |
+
- Your access terminates at the end of the paid period
|
| 698 |
+
- Your data is retained for 30 days, then may be permanently deleted
|
| 699 |
+
|
| 700 |
+
#### 10.3.2 Refund Policy
|
| 701 |
+
|
| 702 |
+
**Subscription fees are generally non-refundable.** Exceptions include:
|
| 703 |
+
|
| 704 |
+
1. **Service Failure:** If Rights Holder fails to provide Services for extended periods
|
| 705 |
+
2. **Permanent Discontinuation:** Pro-rata refund if a service you paid for is permanently discontinued
|
| 706 |
+
3. **Billing Errors:** Refund of duplicate or incorrect charges
|
| 707 |
+
4. **Legal Requirements:** Where required by applicable consumer protection laws
|
| 708 |
+
|
| 709 |
+
To request a refund, contact support@in-digi-nous.com with your order details and reason for the request.
|
| 710 |
+
|
| 711 |
+
### 10.4 Subscription Modifications
|
| 712 |
+
|
| 713 |
+
Rights Holder may:
|
| 714 |
+
|
| 715 |
+
- **Upgrade or downgrade** subscription tiers at your request (price adjusts accordingly)
|
| 716 |
+
- **Add or remove features** from subscription tiers with notice
|
| 717 |
+
- **Suspend access** for payment failures or Terms violations
|
| 718 |
+
- **Terminate subscriptions** for accounts engaged in prohibited activities
|
| 719 |
+
|
| 720 |
+
---
|
| 721 |
+
|
| 722 |
+
## 11. SAAS PRODUCT TERMS
|
| 723 |
+
|
| 724 |
+
### 11.1 SaaS License Grant
|
| 725 |
+
|
| 726 |
+
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:
|
| 727 |
+
|
| 728 |
+
1. **Access and use** SaaS products via the internet for your internal business purposes
|
| 729 |
+
2. **Upload and process** your data through the SaaS interface
|
| 730 |
+
3. **Integrate** with authorized third-party services via APIs
|
| 731 |
+
4. **Allow authorized users** within your organization to access the SaaS products
|
| 732 |
+
|
| 733 |
+
This license does NOT include rights to:
|
| 734 |
+
|
| 735 |
+
- Install software on your own servers
|
| 736 |
+
- Reverse engineer, decompile, or modify the SaaS products
|
| 737 |
+
- Resell, sublicense, or operate as a service bureau
|
| 738 |
+
- Bypass usage limits or access controls
|
| 739 |
+
|
| 740 |
+
### 11.2 Service Level and Uptime
|
| 741 |
+
|
| 742 |
+
#### 11.2.1 Service Availability
|
| 743 |
+
|
| 744 |
+
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.
|
| 745 |
+
|
| 746 |
+
#### 11.2.2 Scheduled Maintenance
|
| 747 |
+
|
| 748 |
+
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.
|
| 749 |
+
|
| 750 |
+
#### 11.2.3 Unscheduled Downtime
|
| 751 |
+
|
| 752 |
+
Unscheduled interruptions may occur due to:
|
| 753 |
+
|
| 754 |
+
- Emergency security patches
|
| 755 |
+
- Infrastructure failures
|
| 756 |
+
- Third-party service provider outages
|
| 757 |
+
- Force majeure events
|
| 758 |
+
- DDoS attacks or other malicious activity
|
| 759 |
+
|
| 760 |
+
Rights Holder will use commercially reasonable efforts to restore Services promptly.
|
| 761 |
+
|
| 762 |
+
### 11.3 Data Ownership and Privacy
|
| 763 |
+
|
| 764 |
+
#### 11.3.1 Customer Data Ownership
|
| 765 |
+
|
| 766 |
+
**You retain all ownership rights** to data, content, and information you upload to SaaS products ("Customer Data").
|
| 767 |
+
|
| 768 |
+
#### 11.3.2 License to Process Customer Data
|
| 769 |
+
|
| 770 |
+
By using SaaS products, you grant Rights Holder a limited license to:
|
| 771 |
+
|
| 772 |
+
1. **Store and process** Customer Data to provide Services
|
| 773 |
+
2. **Create backup copies** for data recovery and service reliability
|
| 774 |
+
3. **Use aggregated/anonymized data** for product improvement and analytics
|
| 775 |
+
4. **Transfer data** to authorized subprocessors (cloud infrastructure, payment processors)
|
| 776 |
+
|
| 777 |
+
This license terminates upon subscription termination, subject to backup retention policies.
|
| 778 |
+
|
| 779 |
+
#### 11.3.3 Customer Data Obligations
|
| 780 |
+
|
| 781 |
+
You are responsible for:
|
| 782 |
+
|
| 783 |
+
- **Accuracy and legality** of Customer Data
|
| 784 |
+
- **Obtaining necessary permissions** to upload third-party data
|
| 785 |
+
- **Compliance with data protection laws** (GDPR, CCPA, etc.)
|
| 786 |
+
- **Backup of critical data** (Rights Holder backups are for recovery, not archival purposes)
|
| 787 |
+
- **Not uploading** malware, illegal content, or unauthorized Traditional Knowledge
|
| 788 |
+
|
| 789 |
+
#### 11.3.4 Data Retention and Deletion
|
| 790 |
+
|
| 791 |
+
Upon subscription termination:
|
| 792 |
+
|
| 793 |
+
1. **30-Day Grace Period:** Customer Data retained for 30 days for account reactivation or export
|
| 794 |
+
2. **Data Export:** You may request export of Customer Data in standard formats during grace period
|
| 795 |
+
3. **Permanent Deletion:** After 30 days, Customer Data may be permanently and irreversibly deleted
|
| 796 |
+
4. **Backup Retention:** Data in backups may persist for up to 90 days during backup rotation cycles
|
| 797 |
+
|
| 798 |
+
### 11.4 API Access and Rate Limiting
|
| 799 |
+
|
| 800 |
+
#### 11.4.1 API License
|
| 801 |
+
|
| 802 |
+
SaaS products may include API access for integration purposes. APIs are subject to:
|
| 803 |
+
|
| 804 |
+
- **Authentication requirements** (API keys, OAuth tokens)
|
| 805 |
+
- **Rate limits** (requests per minute, hour, or day)
|
| 806 |
+
- **Usage quotas** based on subscription tier
|
| 807 |
+
- **Version deprecation** with minimum 6 months' notice
|
| 808 |
+
|
| 809 |
+
#### 11.4.2 API Restrictions
|
| 810 |
+
|
| 811 |
+
You may NOT:
|
| 812 |
+
|
| 813 |
+
- Exceed rate limits or attempt to bypass throttling
|
| 814 |
+
- Share API keys or access tokens publicly
|
| 815 |
+
- Use APIs to scrape or duplicate the SaaS product
|
| 816 |
+
- Overload infrastructure with excessive requests
|
| 817 |
+
- Violate third-party terms of service when integrating
|
| 818 |
+
|
| 819 |
+
#### 11.4.3 API Changes
|
| 820 |
+
|
| 821 |
+
Rights Holder may modify APIs with notice:
|
| 822 |
+
|
| 823 |
+
- **Breaking changes:** Minimum 90 days' notice and migration guide
|
| 824 |
+
- **Deprecation:** Minimum 6 months' notice before removal
|
| 825 |
+
- **New features:** May be added without notice
|
| 826 |
+
- **Bug fixes and security patches:** May be deployed immediately
|
| 827 |
+
|
| 828 |
+
---
|
| 829 |
+
|
| 830 |
+
## 12. DONATIONS AND VOLUNTARY CONTRIBUTIONS
|
| 831 |
+
|
| 832 |
+
### 12.1 Voluntary Nature and Non-Refund Policy
|
| 833 |
+
|
| 834 |
+
All donations made through the Services are:
|
| 835 |
+
|
| 836 |
+
1. **Voluntary:** Made of your own free will without coercion
|
| 837 |
+
2. **Non-refundable:** Cannot be returned, refunded, or reversed except for billing errors
|
| 838 |
+
3. **Without expectation:** No goods, services, or benefits are guaranteed in return
|
| 839 |
+
4. **Gratuitous:** Considered a gift under applicable law
|
| 840 |
+
|
| 841 |
+
By making a donation, you acknowledge these terms.
|
| 842 |
+
|
| 843 |
+
### 12.2 Use of Donations
|
| 844 |
+
|
| 845 |
+
Donations may be used for purposes including but not limited to:
|
| 846 |
+
|
| 847 |
+
1. **Indigenous Technology Development:** Building tools and platforms for Indigenous communities
|
| 848 |
+
2. **Traditional Knowledge Preservation:** Digitization and protection of cultural heritage
|
| 849 |
+
3. **Language Revitalization:** Development of language learning tools and resources
|
| 850 |
+
4. **Community Benefit Programs:** Supporting GTBOCI and other Indigenous initiatives
|
| 851 |
+
5. **Open Source Software:** Development of freely available Indigenous-led software
|
| 852 |
+
6. **Operating Expenses:** Maintaining infrastructure, legal compliance, and administrative costs
|
| 853 |
+
|
| 854 |
+
Rights Holder retains sole discretion over how donations are allocated and spent.
|
| 855 |
+
|
| 856 |
+
### 12.3 Tax Implications
|
| 857 |
+
|
| 858 |
+
**Donations are NOT tax-deductible charitable contributions.**
|
| 859 |
+
|
| 860 |
+
Rights Holder:
|
| 861 |
+
|
| 862 |
+
- Does NOT claim 501(c)(3) or other tax-exempt status
|
| 863 |
+
- Makes NO representations regarding tax deductibility
|
| 864 |
+
- Will NOT provide tax receipts or acknowledgment letters for deduction purposes
|
| 865 |
+
- Recommends consulting a tax professional regarding any tax implications
|
| 866 |
+
|
| 867 |
+
### 12.4 Donation Processing
|
| 868 |
+
|
| 869 |
+
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.
|
| 870 |
+
|
| 871 |
+
### 12.5 Recurring Donations
|
| 872 |
+
|
| 873 |
+
If you set up recurring donations:
|
| 874 |
+
|
| 875 |
+
1. You authorize automatic charges on your selected schedule (monthly, quarterly, annually)
|
| 876 |
+
2. You may cancel recurring donations at any time via account settings or by contacting support
|
| 877 |
+
3. Cancellation takes effect at the next billing cycle
|
| 878 |
+
4. No refunds for donations already processed
|
| 879 |
+
|
| 880 |
+
---
|
| 881 |
+
|
| 882 |
+
## 13. PAYMENT TERMS AND PROCESSING
|
| 883 |
+
|
| 884 |
+
### 13.1 Payment Methods
|
| 885 |
+
|
| 886 |
+
Accepted payment methods may include:
|
| 887 |
+
|
| 888 |
+
- Credit cards (Visa, Mastercard, American Express, Discover)
|
| 889 |
+
- Debit cards
|
| 890 |
+
- Digital wallets (PayPal, Apple Pay, Google Pay)
|
| 891 |
+
- Bank transfers (ACH for U.S. accounts)
|
| 892 |
+
- Cryptocurrency (if supported and disclosed)
|
| 893 |
+
|
| 894 |
+
Rights Holder reserves the right to modify accepted payment methods at any time.
|
| 895 |
+
|
| 896 |
+
### 13.2 Payment Authorization
|
| 897 |
+
|
| 898 |
+
By providing payment information, you:
|
| 899 |
+
|
| 900 |
+
1. **Represent and warrant** that you are authorized to use the payment method
|
| 901 |
+
2. **Authorize Rights Holder** to charge your payment method for applicable fees
|
| 902 |
+
3. **Authorize automatic charges** for recurring subscriptions and services
|
| 903 |
+
4. **Agree to pay** all applicable taxes, fees, and charges
|
| 904 |
+
|
| 905 |
+
### 13.3 Payment Failures
|
| 906 |
+
|
| 907 |
+
If a payment fails:
|
| 908 |
+
|
| 909 |
+
1. **Retry attempts:** Rights Holder may retry the charge multiple times
|
| 910 |
+
2. **Account suspension:** Access may be suspended until payment is successful
|
| 911 |
+
3. **Late fees:** Overdue amounts may incur late fees of **1.5% per month** or the maximum allowed by law, whichever is less
|
| 912 |
+
4. **Collection:** Unpaid amounts may be referred to collections, and you agree to pay all collection costs including reasonable attorney's fees
|
| 913 |
+
|
| 914 |
+
### 13.4 Third-Party Payment Processors
|
| 915 |
+
|
| 916 |
+
Payment processing services are provided by third-party vendors. Rights Holder is not responsible for:
|
| 917 |
+
|
| 918 |
+
- Payment processor errors, delays, or failures
|
| 919 |
+
- Security of payment information stored by processors
|
| 920 |
+
- Disputes handled directly by payment processors
|
| 921 |
+
- Compliance with payment processor terms and policies
|
| 922 |
+
|
| 923 |
+
By using Services, you agree to be bound by the terms and privacy policies of Rights Holder's payment processors.
|
| 924 |
+
|
| 925 |
+
### 13.5 Currency and Taxes
|
| 926 |
+
|
| 927 |
+
#### 13.5.1 Currency
|
| 928 |
+
|
| 929 |
+
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.
|
| 930 |
+
|
| 931 |
+
#### 13.5.2 Sales Tax and VAT
|
| 932 |
+
|
| 933 |
+
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.
|
| 934 |
+
|
| 935 |
+
**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.
|
| 936 |
+
|
| 937 |
+
---
|
| 938 |
+
|
| 939 |
+
## 14. SERVICE AVAILABILITY AND MODIFICATIONS
|
| 940 |
+
|
| 941 |
+
### 14.1 Service Modifications
|
| 942 |
+
|
| 943 |
+
Rights Holder reserves the right to:
|
| 944 |
+
|
| 945 |
+
1. **Modify or update** Services, features, or functionality at any time
|
| 946 |
+
2. **Add or remove** features from any Service tier
|
| 947 |
+
3. **Discontinue** Services with 30 days' notice (or immediately for legal/security reasons)
|
| 948 |
+
4. **Impose or modify** usage limits, quotas, or restrictions
|
| 949 |
+
5. **Change technical specifications** or system requirements
|
| 950 |
+
|
| 951 |
+
### 14.2 Advance Notice for Material Changes
|
| 952 |
+
|
| 953 |
+
For material changes that negatively affect your use of Services, Rights Holder will provide reasonable advance notice via:
|
| 954 |
+
|
| 955 |
+
- Email to your registered account address
|
| 956 |
+
- In-app notifications
|
| 957 |
+
- Service status page updates
|
| 958 |
+
- Blog posts or announcements on the website
|
| 959 |
+
|
| 960 |
+
### 14.3 Permanent Discontinuation
|
| 961 |
+
|
| 962 |
+
If Rights Holder permanently discontinues a paid Service:
|
| 963 |
+
|
| 964 |
+
1. You will receive **minimum 30 days' notice** (except for emergency/legal situations)
|
| 965 |
+
2. You may receive a **pro-rata refund** for the unused portion of pre-paid subscription periods
|
| 966 |
+
3. You will have opportunity to **export your data** during the notice period
|
| 967 |
+
4. Rights Holder is NOT liable for losses resulting from discontinuation
|
| 968 |
+
|
| 969 |
+
---
|
| 970 |
+
|
| 971 |
+
## 15. LIMITATION OF LIABILITY
|
| 972 |
+
|
| 973 |
+
### 15.1 Maximum Liability Cap
|
| 974 |
+
|
| 975 |
+
**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:
|
| 976 |
+
|
| 977 |
+
1. **$100 USD**, OR
|
| 978 |
+
2. **The total amount paid** by you to Rights Holder in the **three (3) months** immediately preceding the event giving rise to liability
|
| 979 |
+
|
| 980 |
+
### 15.2 Excluded Damages
|
| 981 |
+
|
| 982 |
+
**TO THE MAXIMUM EXTENT PERMITTED BY LAW**, Rights Holder SHALL NOT BE LIABLE FOR:
|
| 983 |
+
|
| 984 |
+
#### 15.2.1 Indirect and Consequential Damages
|
| 985 |
+
|
| 986 |
+
- **Indirect, incidental, special, consequential, or punitive damages**
|
| 987 |
+
- **Loss of profits, revenue, business opportunities, or goodwill**
|
| 988 |
+
- **Loss of data** (except as caused by gross negligence or willful misconduct)
|
| 989 |
+
- **Cost of substitute goods or services**
|
| 990 |
+
- **Business interruption or downtime**
|
| 991 |
+
|
| 992 |
+
#### 15.2.2 Circumstances Beyond Control
|
| 993 |
+
|
| 994 |
+
- **Third-party actions:** Acts or omissions of third-party service providers, payment processors, hosting providers, or other vendors
|
| 995 |
+
- **User error:** Mistakes, negligence, or misuse by you or your authorized users
|
| 996 |
+
- **Unauthorized access:** Security breaches resulting from your failure to maintain reasonable security practices
|
| 997 |
+
- **Force majeure:** Acts of God, natural disasters, war, terrorism, pandemics, or other events beyond Rights Holder's reasonable control
|
| 998 |
+
|
| 999 |
+
### 15.3 Service-Specific Liability
|
| 1000 |
+
|
| 1001 |
+
#### 15.3.1 SaaS Products
|
| 1002 |
+
|
| 1003 |
+
SaaS products are provided **"AS IS" and "AS AVAILABLE"** without warranties of any kind. Rights Holder does NOT warrant that SaaS products will:
|
| 1004 |
+
|
| 1005 |
+
- Meet your specific requirements or expectations
|
| 1006 |
+
- Operate uninterrupted, error-free, or secure
|
| 1007 |
+
- Be compatible with all systems, browsers, or devices
|
| 1008 |
+
- Provide accurate, complete, or reliable results
|
| 1009 |
+
|
| 1010 |
+
#### 15.3.2 Donations
|
| 1011 |
+
|
| 1012 |
+
Donations are voluntary, non-refundable contributions. Rights Holder makes NO guarantees regarding:
|
| 1013 |
+
|
| 1014 |
+
- How donations will be allocated or spent (except as stated at time of donation)
|
| 1015 |
+
- Tax deductibility of donations
|
| 1016 |
+
- Benefits, goods, or services in exchange for donations
|
| 1017 |
+
|
| 1018 |
+
#### 15.3.3 Third-Party Content and Links
|
| 1019 |
+
|
| 1020 |
+
Rights Holder is NOT responsible for:
|
| 1021 |
+
|
| 1022 |
+
- Accuracy, legality, or quality of third-party content linked from Services
|
| 1023 |
+
- Privacy practices or terms of service of third-party websites
|
| 1024 |
+
- Products or services offered by third parties
|
| 1025 |
+
- Actions or omissions of third-party service providers
|
| 1026 |
+
|
| 1027 |
+
### 15.4 Exceptions to Limitations
|
| 1028 |
+
|
| 1029 |
+
These liability limitations do NOT apply to:
|
| 1030 |
+
|
| 1031 |
+
1. **Gross negligence or willful misconduct** by Rights Holder
|
| 1032 |
+
2. **Personal injury or death** caused by Rights Holder's negligence
|
| 1033 |
+
3. **Fraud or fraudulent misrepresentation**
|
| 1034 |
+
4. **Violations of Indigenous Data rights** subject to the liquidated damages provisions in the LICENSE
|
| 1035 |
+
5. **Other liabilities that cannot be excluded under applicable law**
|
| 1036 |
+
|
| 1037 |
+
### 15.5 Essential Purpose
|
| 1038 |
+
|
| 1039 |
+
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.
|
| 1040 |
+
|
| 1041 |
+
---
|
| 1042 |
+
|
| 1043 |
+
## 16. DISCLAIMERS AND WARRANTIES
|
| 1044 |
+
|
| 1045 |
+
### 16.1 "AS IS" and "AS AVAILABLE" Disclaimer
|
| 1046 |
+
|
| 1047 |
+
EXCEPT AS EXPRESSLY STATED IN THESE TERMS, SERVICES ARE PROVIDED **"AS IS," "AS AVAILABLE," and "WITH ALL FAULTS."**
|
| 1048 |
+
|
| 1049 |
+
Rights Holder DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
|
| 1050 |
+
|
| 1051 |
+
1. **Merchantability:** Fitness for ordinary commercial purposes
|
| 1052 |
+
2. **Fitness for a Particular Purpose:** Suitability for your specific needs
|
| 1053 |
+
3. **Non-Infringement:** Freedom from third-party intellectual property claims
|
| 1054 |
+
4. **Title:** Valid ownership or license rights
|
| 1055 |
+
5. **Accuracy or Reliability:** Correctness, completeness, or dependability of Content
|
| 1056 |
+
6. **Security:** Freedom from viruses, malware, or security vulnerabilities
|
| 1057 |
+
7. **Uninterrupted Service:** Continuous availability without downtime
|
| 1058 |
+
|
| 1059 |
+
### 16.2 No Guarantee of Results
|
| 1060 |
+
|
| 1061 |
+
Rights Holder does NOT warrant or guarantee that:
|
| 1062 |
+
|
| 1063 |
+
1. Services will meet your requirements or achieve specific outcomes
|
| 1064 |
+
2. Services will be compatible with your systems or devices
|
| 1065 |
+
3. Errors or defects will be corrected
|
| 1066 |
+
4. Services will be secure, private, or immune from unauthorized access
|
| 1067 |
+
5. Results obtained from Services will be accurate, complete, or reliable
|
| 1068 |
+
|
| 1069 |
+
### 16.3 Third-Party Services Disclaimer
|
| 1070 |
+
|
| 1071 |
+
Services may integrate with or link to third-party services, content, or websites. Rights Holder:
|
| 1072 |
+
|
| 1073 |
+
- Does NOT endorse, control, or take responsibility for third-party services
|
| 1074 |
+
- Makes NO representations about third-party accuracy, reliability, or quality
|
| 1075 |
+
- Is NOT liable for any harm resulting from third-party interactions
|
| 1076 |
+
|
| 1077 |
+
### 16.4 Content Disclaimer
|
| 1078 |
+
|
| 1079 |
+
All Content available through Services (blogs, documentation, educational materials) is provided **for informational purposes only**. Rights Holder makes NO warranties about:
|
| 1080 |
+
|
| 1081 |
+
- Accuracy, completeness, or currentness of information
|
| 1082 |
+
- Suitability of Content for any particular purpose
|
| 1083 |
+
- Professional quality of advice or recommendations
|
| 1084 |
+
|
| 1085 |
+
**Content does NOT constitute legal, financial, medical, or professional advice.** Consult qualified professionals for advice specific to your situation.
|
| 1086 |
+
|
| 1087 |
+
### 16.5 Beta and Experimental Features
|
| 1088 |
+
|
| 1089 |
+
Services marked as "beta," "alpha," "preview," "experimental," or "labs" are:
|
| 1090 |
+
|
| 1091 |
+
- Provided on an AS-IS basis with NO warranties whatsoever
|
| 1092 |
+
- May contain significant bugs, errors, or incomplete functionality
|
| 1093 |
+
- Subject to change or discontinuation at any time without notice
|
| 1094 |
+
- NOT recommended for production or mission-critical use
|
| 1095 |
+
- Exempt from any Service Level Agreements (SLAs)
|
| 1096 |
+
|
| 1097 |
+
### 16.6 Indigenous Knowledge Disclaimer
|
| 1098 |
+
|
| 1099 |
+
While Rights Holder implements CARE Principles and Traditional Knowledge protections:
|
| 1100 |
+
|
| 1101 |
+
- Rights Holder does NOT guarantee accuracy of Traditional Knowledge shared by users
|
| 1102 |
+
- Rights Holder is NOT responsible for validating authenticity of Traditional Knowledge claims
|
| 1103 |
+
- Users are responsible for obtaining proper permissions before sharing Traditional Knowledge
|
| 1104 |
+
- Improper use of Traditional Knowledge is subject to enforcement under Section 18
|
| 1105 |
+
|
| 1106 |
+
---
|
| 1107 |
+
|
| 1108 |
+
## 17. DISPUTE RESOLUTION
|
| 1109 |
+
|
| 1110 |
+
### 17.1 Exclusive Tribal Court Jurisdiction (Reaffirmed)
|
| 1111 |
+
|
| 1112 |
+
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.
|
| 1113 |
+
|
| 1114 |
+
### 17.2 Pre-Litigation Dispute Resolution
|
| 1115 |
+
|
| 1116 |
+
Before filing any formal action, the parties agree to attempt good-faith informal resolution:
|
| 1117 |
+
|
| 1118 |
+
#### 17.2.1 Notice of Dispute
|
| 1119 |
+
|
| 1120 |
+
The party asserting a claim shall send written notice to the other party describing:
|
| 1121 |
+
|
| 1122 |
+
1. The nature of the dispute
|
| 1123 |
+
2. The specific Terms provisions at issue
|
| 1124 |
+
3. The remedy or relief sought
|
| 1125 |
+
4. Supporting facts and documentation
|
| 1126 |
+
|
| 1127 |
+
Notice to Rights Holder shall be sent to:
|
| 1128 |
+
|
| 1129 |
+
**ᓂᐲᔥ Nbiish-Justin Kenwabikise ᑭᓇᐙᐱᑭᓯ**
|
| 1130 |
+
c/o Grand Traverse Band of Ottawa and Chippewa Indians
|
| 1131 |
+
2605 N. West Bayshore Drive
|
| 1132 |
+
Peshawbestown, MI 49682
|
| 1133 |
+
Email: legal@in-digi-nous.com
|
| 1134 |
+
|
| 1135 |
+
#### 17.2.2 Good-Faith Negotiation Period
|
| 1136 |
+
|
| 1137 |
+
Following notice, the parties shall engage in good-faith negotiations for **30 days** to attempt resolution.
|
| 1138 |
+
|
| 1139 |
+
#### 17.2.3 Mediation (Optional)
|
| 1140 |
+
|
| 1141 |
+
If negotiation fails, parties may mutually agree to non-binding mediation with a mediator experienced in:
|
| 1142 |
+
|
| 1143 |
+
- Federal Indian law and tribal sovereignty
|
| 1144 |
+
- Indigenous rights and data governance
|
| 1145 |
+
- Technology and software licensing disputes
|
| 1146 |
+
|
| 1147 |
+
Mediation costs shall be split equally unless otherwise agreed.
|
| 1148 |
+
|
| 1149 |
+
### 17.3 Tribal Court Litigation
|
| 1150 |
+
|
| 1151 |
+
If informal resolution and mediation (if pursued) fail, disputes shall proceed to Tribal Court litigation pursuant to Section 2.3 through 2.6.
|
| 1152 |
+
|
| 1153 |
+
#### 17.3.1 Exhaustion of Tribal Remedies
|
| 1154 |
+
|
| 1155 |
+
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.
|
| 1156 |
+
|
| 1157 |
+
Exhaustion includes:
|
| 1158 |
+
|
| 1159 |
+
1. Filing in Tribal trial court
|
| 1160 |
+
2. Pursuing all available Tribal court appeals
|
| 1161 |
+
3. Obtaining a final judgment from the highest available Tribal appellate authority
|
| 1162 |
+
|
| 1163 |
+
#### 17.3.2 Judicial Review Standard
|
| 1164 |
+
|
| 1165 |
+
Federal courts reviewing Tribal Court decisions shall apply the standards established in *Iowa Mutual Ins. v. LaPlante*, 480 U.S. 9 (1987):
|
| 1166 |
+
|
| 1167 |
+
- Tribal Court factual findings reviewed for clear error
|
| 1168 |
+
- Tribal Court legal conclusions reviewed de novo
|
| 1169 |
+
- Deference to Tribal Court interpretations of tribal law
|
| 1170 |
+
|
| 1171 |
+
### 17.4 Class Action and Collective Action Waiver
|
| 1172 |
+
|
| 1173 |
+
**YOU AGREE TO RESOLVE DISPUTES WITH RIGHTS HOLDER ON AN INDIVIDUAL BASIS ONLY.**
|
| 1174 |
+
|
| 1175 |
+
You WAIVE any right to:
|
| 1176 |
+
|
| 1177 |
+
1. **Participate in class actions** as a class member
|
| 1178 |
+
2. **Initiate class actions** as a class representative
|
| 1179 |
+
3. **Join collective actions** or consolidated proceedings
|
| 1180 |
+
4. **Seek representative relief** on behalf of others
|
| 1181 |
+
|
| 1182 |
+
**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.
|
| 1183 |
+
|
| 1184 |
+
### 17.5 Attorney's Fees and Costs
|
| 1185 |
+
|
| 1186 |
+
#### 17.5.1 Prevailing Party Recovery
|
| 1187 |
+
|
| 1188 |
+
In any litigation arising from these Terms, the **prevailing party** shall be entitled to recover:
|
| 1189 |
+
|
| 1190 |
+
1. **Reasonable attorney's fees** (including expert witness fees and litigation consultants)
|
| 1191 |
+
2. **Court costs and filing fees**
|
| 1192 |
+
3. **Costs of discovery** (depositions, document production, electronic discovery)
|
| 1193 |
+
4. **Appeal costs** (if applicable)
|
| 1194 |
+
|
| 1195 |
+
#### 17.5.2 Frivolous Claims
|
| 1196 |
+
|
| 1197 |
+
A party who brings claims determined by the Tribal Court to be frivolous, in bad faith, or for purposes of harassment shall pay:
|
| 1198 |
+
|
| 1199 |
+
- **Double attorney's fees and costs** of the opposing party
|
| 1200 |
+
- **Sanctions** as determined by the Tribal Court
|
| 1201 |
+
- **Liquidated damages** of $10,000 USD for abuse of the judicial process
|
| 1202 |
+
|
| 1203 |
+
### 17.6 Injunctive Relief
|
| 1204 |
+
|
| 1205 |
+
Notwithstanding other dispute resolution provisions, Rights Holder may seek immediate injunctive or equitable relief in Tribal Court or federal court for:
|
| 1206 |
+
|
| 1207 |
+
1. **Intellectual property infringement**
|
| 1208 |
+
2. **Unauthorized access or security breaches**
|
| 1209 |
+
3. **Violations of Indigenous Data rights or Traditional Knowledge protections**
|
| 1210 |
+
4. **Breach of confidentiality obligations**
|
| 1211 |
+
5. **Other irreparable harm** where monetary damages are inadequate
|
| 1212 |
+
|
| 1213 |
+
---
|
| 1214 |
+
|
| 1215 |
+
## 18. ENFORCEMENT AND REMEDIES
|
| 1216 |
+
|
| 1217 |
+
### 18.1 Liquidated Damages for Indigenous Data Violations
|
| 1218 |
+
|
| 1219 |
+
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**.
|
| 1220 |
+
|
| 1221 |
+
These damages are a reasonable pre-estimate of harm caused by:
|
| 1222 |
+
|
| 1223 |
+
- Cultural appropriation and misappropriation
|
| 1224 |
+
- Unauthorized commercial exploitation
|
| 1225 |
+
- Violation of community consent protocols
|
| 1226 |
+
- Harm to Indigenous sovereignty and self-determination
|
| 1227 |
+
|
| 1228 |
+
### 18.2 State Court Jurisdiction Violations
|
| 1229 |
+
|
| 1230 |
+
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:
|
| 1231 |
+
|
| 1232 |
+
- **$100,000 USD liquidated damages** per violation
|
| 1233 |
+
- **All costs of removal** to proper forum
|
| 1234 |
+
- **Attorney's fees and costs** incurred by Rights Holder
|
| 1235 |
+
|
| 1236 |
+
### 18.3 Account Suspension and Termination
|
| 1237 |
+
|
| 1238 |
+
Rights Holder may suspend or terminate your account and access to Services for:
|
| 1239 |
+
|
| 1240 |
+
#### 18.3.1 Immediate Termination (No Warning)
|
| 1241 |
+
|
| 1242 |
+
- Violation of laws (tribal, federal, or international)
|
| 1243 |
+
- Fraud, theft, or financial crimes
|
| 1244 |
+
- Security breaches or hacking attempts
|
| 1245 |
+
- Misappropriation of Indigenous Data or Traditional Knowledge
|
| 1246 |
+
- Repeated or egregious Terms violations
|
| 1247 |
+
|
| 1248 |
+
#### 18.3.2 Termination After Warning
|
| 1249 |
+
|
| 1250 |
+
- Minor or first-time Terms violations
|
| 1251 |
+
- Payment failures (after retry attempts)
|
| 1252 |
+
- Abusive or harassing behavior
|
| 1253 |
+
- Spam or unsolicited commercial activity
|
| 1254 |
+
|
| 1255 |
+
### 18.4 Effect of Termination
|
| 1256 |
+
|
| 1257 |
+
Upon account termination:
|
| 1258 |
+
|
| 1259 |
+
1. **Immediate Access Cessation:** All access to Services terminates immediately
|
| 1260 |
+
2. **Data Retention:** Your data may be retained for 30 days for potential reactivation, then deleted
|
| 1261 |
+
3. **No Refunds:** Subscription fees and donations are non-refundable
|
| 1262 |
+
4. **Survival of Terms:** Sections 2, 7, 15, 16, 17, 18, 27, and 28 survive termination
|
| 1263 |
+
5. **Outstanding Obligations:** You remain liable for unpaid fees, damages, or other obligations
|
| 1264 |
+
|
| 1265 |
+
### 18.5 Criminal and Civil Referrals
|
| 1266 |
+
|
| 1267 |
+
Rights Holder reserves the right to refer violations to:
|
| 1268 |
+
|
| 1269 |
+
1. **Tribal law enforcement** (Grand Traverse Band Law Enforcement)
|
| 1270 |
+
2. **Federal authorities** (FBI, U.S. Attorney's Office)
|
| 1271 |
+
3. **Regulatory agencies** (FTC, CFPB, ICANN, domain registrars)
|
| 1272 |
+
4. **Civil litigation** for damages and injunctive relief
|
| 1273 |
+
|
| 1274 |
+
---
|
| 1275 |
+
|
| 1276 |
+
## 19. INDEMNIFICATION
|
| 1277 |
+
|
| 1278 |
+
### 19.1 Your Indemnification Obligations
|
| 1279 |
+
|
| 1280 |
+
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:
|
| 1281 |
+
|
| 1282 |
+
1. **Claims, demands, or causes of action**
|
| 1283 |
+
2. **Losses, damages, liabilities, or costs** (including reasonable attorney's fees)
|
| 1284 |
+
3. **Arising from or relating to:**
|
| 1285 |
+
- Your use or misuse of Services
|
| 1286 |
+
- Your violation of these Terms
|
| 1287 |
+
- Your violation of any law, regulation, or third-party rights
|
| 1288 |
+
- Your User Content or Customer Data
|
| 1289 |
+
- Your infringement of intellectual property rights
|
| 1290 |
+
- Your violation of Indigenous Data rights or Traditional Knowledge protections
|
| 1291 |
+
|
| 1292 |
+
### 19.2 Indemnification Process
|
| 1293 |
+
|
| 1294 |
+
If a claim arises for which you must indemnify Rights Holder:
|
| 1295 |
+
|
| 1296 |
+
1. **Notice:** Rights Holder will provide prompt written notice of the claim
|
| 1297 |
+
2. **Control:** Rights Holder may choose to control the defense and settlement (at your expense)
|
| 1298 |
+
3. **Cooperation:** You must cooperate fully in the defense
|
| 1299 |
+
4. **No Settlement:** You may not settle claims without Rights Holder's written consent
|
| 1300 |
+
|
| 1301 |
+
### 19.3 Rights Holder Indemnification (Limited)
|
| 1302 |
+
|
| 1303 |
+
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.
|
| 1304 |
+
|
| 1305 |
+
This indemnification does NOT apply if infringement results from:
|
| 1306 |
+
|
| 1307 |
+
- Your modification of Services
|
| 1308 |
+
- Your combination of Services with third-party products
|
| 1309 |
+
- Your use of Services in violation of these Terms
|
| 1310 |
+
- Your use of beta or unsupported Services
|
| 1311 |
+
|
| 1312 |
+
Rights Holder's remedies include, at its option:
|
| 1313 |
+
|
| 1314 |
+
- Obtaining licenses for you to continue using Services
|
| 1315 |
+
- Modifying Services to be non-infringing
|
| 1316 |
+
- Discontinuing infringing features
|
| 1317 |
+
- Refunding pre-paid fees for discontinued Services
|
| 1318 |
+
|
| 1319 |
+
---
|
| 1320 |
+
|
| 1321 |
+
## 20. THIRD-PARTY SERVICES AND LINKS
|
| 1322 |
+
|
| 1323 |
+
### 20.1 Third-Party Links and Content
|
| 1324 |
+
|
| 1325 |
+
Services may contain links to third-party websites, services, or content not owned or controlled by Rights Holder.
|
| 1326 |
+
|
| 1327 |
+
Rights Holder:
|
| 1328 |
+
|
| 1329 |
+
- Does NOT endorse or verify third-party websites or content
|
| 1330 |
+
- Has NO control over third-party privacy practices or terms of service
|
| 1331 |
+
- Is NOT responsible for third-party actions, omissions, or policies
|
| 1332 |
+
- Is NOT liable for harm resulting from your use of third-party services
|
| 1333 |
+
|
| 1334 |
+
### 20.2 Third-Party Service Providers
|
| 1335 |
+
|
| 1336 |
+
Rights Holder may use third-party service providers for:
|
| 1337 |
+
|
| 1338 |
+
- **Cloud hosting** (AWS, Google Cloud, Azure, etc.)
|
| 1339 |
+
- **Payment processing** (Stripe, PayPal, etc.)
|
| 1340 |
+
- **Email delivery** (SendGrid, Mailgun, etc.)
|
| 1341 |
+
- **Analytics** (Google Analytics, Plausible, etc.)
|
| 1342 |
+
- **Content delivery** (Cloudflare, Fastly, etc.)
|
| 1343 |
+
|
| 1344 |
+
Your use of Services may be subject to the terms and privacy policies of these providers.
|
| 1345 |
+
|
| 1346 |
+
### 20.3 User Responsibility for Third-Party Interactions
|
| 1347 |
+
|
| 1348 |
+
You are solely responsible for:
|
| 1349 |
+
|
| 1350 |
+
- Reviewing third-party terms and privacy policies
|
| 1351 |
+
- Understanding risks of third-party interactions
|
| 1352 |
+
- Any losses or damages from third-party services
|
| 1353 |
+
- Compliance with third-party requirements
|
| 1354 |
+
|
| 1355 |
+
---
|
| 1356 |
+
|
| 1357 |
+
## 21. CHILDREN'S PRIVACY AND PROTECTION
|
| 1358 |
+
|
| 1359 |
+
### 21.1 Age Restrictions
|
| 1360 |
+
|
| 1361 |
+
Services are NOT directed to children under 13 years of age. Rights Holder does not knowingly collect personal information from children under 13.
|
| 1362 |
+
|
| 1363 |
+
### 21.2 Parental Consent
|
| 1364 |
+
|
| 1365 |
+
If you are between 13 and 18 years of age (or the age of majority in your jurisdiction), you may use Services ONLY with:
|
| 1366 |
+
|
| 1367 |
+
- Parental or guardian consent
|
| 1368 |
+
- Parental or guardian supervision
|
| 1369 |
+
- Agreement by parent/guardian to be bound by these Terms
|
| 1370 |
+
|
| 1371 |
+
### 21.3 Discovery of Child Information
|
| 1372 |
+
|
| 1373 |
+
If Rights Holder discovers that personal information has been collected from a child under 13 without parental consent, Rights Holder will:
|
| 1374 |
+
|
| 1375 |
+
1. **Delete the information** immediately
|
| 1376 |
+
2. **Terminate the account** (if applicable)
|
| 1377 |
+
3. **Notify parents/guardians** if contact information is available
|
| 1378 |
+
|
| 1379 |
+
### 21.4 Reporting
|
| 1380 |
+
|
| 1381 |
+
If you believe a child under 13 has provided personal information to Rights Holder, please contact privacy@in-digi-nous.com immediately.
|
| 1382 |
+
|
| 1383 |
+
---
|
| 1384 |
+
|
| 1385 |
+
## 22. ACCESSIBILITY COMMITMENT
|
| 1386 |
+
|
| 1387 |
+
### 22.1 Accessibility Standards
|
| 1388 |
+
|
| 1389 |
+
Rights Holder is committed to making Services accessible to users with disabilities. We strive to comply with:
|
| 1390 |
+
|
| 1391 |
+
- **WCAG 2.1 Level AA** (Web Content Accessibility Guidelines)
|
| 1392 |
+
- **Section 508** of the Rehabilitation Act
|
| 1393 |
+
- **ADA Title III** (Americans with Disabilities Act)
|
| 1394 |
+
|
| 1395 |
+
### 22.2 Accessibility Features
|
| 1396 |
+
|
| 1397 |
+
Services may include:
|
| 1398 |
+
|
| 1399 |
+
- Keyboard navigation support
|
| 1400 |
+
- Screen reader compatibility
|
| 1401 |
+
- Alternative text for images
|
| 1402 |
+
- Captioning for video content
|
| 1403 |
+
- Adjustable font sizes and contrast
|
| 1404 |
+
|
| 1405 |
+
### 22.3 Reporting Accessibility Issues
|
| 1406 |
+
|
| 1407 |
+
If you encounter accessibility barriers, please contact:
|
| 1408 |
+
|
| 1409 |
+
**Accessibility Coordinator**
|
| 1410 |
+
Email: accessibility@in-digi-nous.com
|
| 1411 |
+
Phone: 402-431-2023
|
| 1412 |
+
|
| 1413 |
+
We will work with you to provide the information or functionality through an alternative method.
|
| 1414 |
+
|
| 1415 |
+
---
|
| 1416 |
+
|
| 1417 |
+
## 23. DMCA AND COPYRIGHT COMPLIANCE
|
| 1418 |
+
|
| 1419 |
+
### 23.1 DMCA Notice and Takedown
|
| 1420 |
+
|
| 1421 |
+
Rights Holder respects intellectual property rights and complies with the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512.
|
| 1422 |
+
|
| 1423 |
+
### 23.2 Filing a DMCA Notice
|
| 1424 |
+
|
| 1425 |
+
If you believe content on Services infringes your copyright, send a DMCA notice to our designated agent with:
|
| 1426 |
+
|
| 1427 |
+
1. **Identification of the copyrighted work** claimed to be infringed
|
| 1428 |
+
2. **Identification of the infringing material** and its location on Services
|
| 1429 |
+
3. **Your contact information** (name, address, phone, email)
|
| 1430 |
+
4. **Statement of good faith belief** that use is unauthorized
|
| 1431 |
+
5. **Statement under penalty of perjury** that information is accurate and you are the copyright owner or authorized agent
|
| 1432 |
+
6. **Your physical or electronic signature**
|
| 1433 |
+
|
| 1434 |
+
**DMCA Designated Agent:**
|
| 1435 |
+
ᓂᐲᔥ Nbiish-Justin Kenwabikise ᑭᓇᐙᐱᑭᓯ
|
| 1436 |
+
Email: dmca@in-digi-nous.com
|
| 1437 |
+
Address: 2605 N. West Bayshore Drive, Peshawbestown, MI 49682
|
| 1438 |
+
|
| 1439 |
+
### 23.3 Counter-Notice
|
| 1440 |
+
|
| 1441 |
+
If your content was removed pursuant to a DMCA notice and you believe the removal was erroneous, you may file a counter-notice containing:
|
| 1442 |
+
|
| 1443 |
+
1. **Identification of removed material** and its prior location
|
| 1444 |
+
2. **Statement under penalty of perjury** that removal was a mistake or misidentification
|
| 1445 |
+
3. **Consent to jurisdiction** of Tribal Court
|
| 1446 |
+
4. **Your contact information and signature**
|
| 1447 |
+
|
| 1448 |
+
### 23.4 Repeat Infringer Policy
|
| 1449 |
+
|
| 1450 |
+
Rights Holder will terminate accounts of repeat copyright infringers in appropriate circumstances.
|
| 1451 |
+
|
| 1452 |
+
---
|
| 1453 |
+
|
| 1454 |
+
## 24. FORCE MAJEURE
|
| 1455 |
+
|
| 1456 |
+
Rights Holder shall NOT be liable for failure or delay in performance resulting from causes beyond reasonable control, including:
|
| 1457 |
+
|
| 1458 |
+
- **Acts of God:** Earthquakes, floods, fires, storms, natural disasters
|
| 1459 |
+
- **Pandemic or epidemic:** Disease outbreaks, public health emergencies
|
| 1460 |
+
- **War, terrorism, or civil unrest:** Armed conflict, riots, insurrection
|
| 1461 |
+
- **Government action:** Laws, regulations, orders, embargoes, sanctions
|
| 1462 |
+
- **Labor disputes:** Strikes, lockouts, labor shortages
|
| 1463 |
+
- **Infrastructure failures:** Internet service provider outages, power failures, telecommunications disruptions
|
| 1464 |
+
- **Cyberattacks:** DDoS attacks, ransomware, coordinated hacking
|
| 1465 |
+
|
| 1466 |
+
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.
|
| 1467 |
+
|
| 1468 |
+
---
|
| 1469 |
+
|
| 1470 |
+
## 25. TERMINATION AND SUSPENSION
|
| 1471 |
+
|
| 1472 |
+
### 25.1 Termination by You
|
| 1473 |
+
|
| 1474 |
+
You may terminate these Terms at any time by:
|
| 1475 |
+
|
| 1476 |
+
1. **Closing your account** via account settings
|
| 1477 |
+
2. **Canceling subscriptions** (access continues until end of billing period)
|
| 1478 |
+
3. **Ceasing all use** of Services
|
| 1479 |
+
4. **Contacting support** to request account deletion
|
| 1480 |
+
|
| 1481 |
+
### 25.2 Termination by Rights Holder
|
| 1482 |
+
|
| 1483 |
+
Rights Holder may terminate or suspend your access:
|
| 1484 |
+
|
| 1485 |
+
- **For Cause:** Violation of these Terms, illegal activity, fraud, abuse
|
| 1486 |
+
- **Without Cause:** With 30 days' notice and pro-rata refund of pre-paid fees (at Rights Holder's discretion)
|
| 1487 |
+
- **Immediately:** For security threats, legal compliance, or protection of Services
|
| 1488 |
+
|
| 1489 |
+
### 25.3 Effect of Termination
|
| 1490 |
+
|
| 1491 |
+
Upon termination:
|
| 1492 |
+
|
| 1493 |
+
1. All licenses granted to you terminate immediately
|
| 1494 |
+
2. You must cease all use of Services
|
| 1495 |
+
3. You must delete all downloaded or cached content
|
| 1496 |
+
4. Data retention follows Section 11.3.4 (30-day grace period, then deletion)
|
| 1497 |
+
5. Unpaid fees become immediately due
|
| 1498 |
+
6. Survival provisions remain in effect
|
| 1499 |
+
|
| 1500 |
+
### 25.4 Survival
|
| 1501 |
+
|
| 1502 |
+
The following sections survive termination:
|
| 1503 |
+
|
| 1504 |
+
- Section 2 (Legal Framework and Jurisdiction)
|
| 1505 |
+
- Section 7 (Intellectual Property Rights)
|
| 1506 |
+
- Section 8 (Indigenous Data Sovereignty)
|
| 1507 |
+
- Section 9 (Traditional Knowledge Protection)
|
| 1508 |
+
- Section 15 (Limitation of Liability)
|
| 1509 |
+
- Section 16 (Disclaimers)
|
| 1510 |
+
- Section 17 (Dispute Resolution)
|
| 1511 |
+
- Section 18 (Enforcement and Remedies)
|
| 1512 |
+
- Section 19 (Indemnification)
|
| 1513 |
+
- Section 27 (Severability)
|
| 1514 |
+
- Section 28 (Entire Agreement)
|
| 1515 |
+
|
| 1516 |
+
---
|
| 1517 |
+
|
| 1518 |
+
## 26. CHANGES TO TERMS
|
| 1519 |
+
|
| 1520 |
+
### 26.1 Right to Modify
|
| 1521 |
+
|
| 1522 |
+
Rights Holder reserves the right to modify these Terms at any time.
|
| 1523 |
+
|
| 1524 |
+
### 26.2 Notice of Changes
|
| 1525 |
+
|
| 1526 |
+
For material changes, Rights Holder will provide notice via:
|
| 1527 |
+
|
| 1528 |
+
- **Email** to registered account address (minimum 30 days before effective date)
|
| 1529 |
+
- **In-app notification** upon next login
|
| 1530 |
+
- **Posting** on the website with updated "Last Updated" date
|
| 1531 |
+
|
| 1532 |
+
Non-material changes (typo corrections, clarifications, formatting) may be made without notice.
|
| 1533 |
+
|
| 1534 |
+
### 26.3 Acceptance of Changes
|
| 1535 |
+
|
| 1536 |
+
By continuing to use Services after the effective date of modified Terms, you accept the changes.
|
| 1537 |
+
|
| 1538 |
+
### 26.4 Rejection of Changes
|
| 1539 |
+
|
| 1540 |
+
If you do not accept modified Terms, you must:
|
| 1541 |
+
|
| 1542 |
+
1. **Discontinue use** of Services before the effective date
|
| 1543 |
+
2. **Cancel subscriptions** (no refund for remainder of current billing period unless otherwise stated)
|
| 1544 |
+
3. **Export your data** before termination
|
| 1545 |
+
|
| 1546 |
+
---
|
| 1547 |
+
|
| 1548 |
+
## 27. SEVERABILITY AND INTERPRETATION
|
| 1549 |
+
|
| 1550 |
+
### 27.1 Severability
|
| 1551 |
+
|
| 1552 |
+
If any provision of these Terms is found to be unenforceable, invalid, or contrary to applicable law:
|
| 1553 |
+
|
| 1554 |
+
1. The provision shall be **modified to the minimum extent necessary** to make it enforceable
|
| 1555 |
+
2. If modification is not possible, the provision shall be **severed** from these Terms
|
| 1556 |
+
3. The **remaining provisions** shall remain in full force and effect
|
| 1557 |
+
4. The severed provision shall be **replaced** with a valid provision that most closely reflects the original intent
|
| 1558 |
+
|
| 1559 |
+
### 27.2 Interpretation Principles
|
| 1560 |
+
|
| 1561 |
+
These Terms shall be interpreted according to:
|
| 1562 |
+
|
| 1563 |
+
- **Tribal law principles** and GTBOCI interpretive frameworks
|
| 1564 |
+
- **Federal Indian law** canons of construction
|
| 1565 |
+
- **Plain meaning** of language used
|
| 1566 |
+
- **Context and purpose** of each provision
|
| 1567 |
+
|
| 1568 |
+
### 27.3 No Waiver
|
| 1569 |
+
|
| 1570 |
+
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.
|
| 1571 |
+
|
| 1572 |
+
### 27.4 Headings
|
| 1573 |
+
|
| 1574 |
+
Section and subsection headings are for convenience only and do not limit or affect interpretation.
|
| 1575 |
+
|
| 1576 |
+
### 27.5 Entire Agreement (Reaffirmed)
|
| 1577 |
+
|
| 1578 |
+
See Section 28 for the entire agreement provision.
|
| 1579 |
+
|
| 1580 |
+
---
|
| 1581 |
+
|
| 1582 |
+
## 28. ENTIRE AGREEMENT
|
| 1583 |
+
|
| 1584 |
+
### 28.1 Integration Clause
|
| 1585 |
+
|
| 1586 |
+
These Terms, together with:
|
| 1587 |
+
|
| 1588 |
+
- The **Privacy Policy** (incorporated by reference)
|
| 1589 |
+
- The **LICENSE** (incorporated by reference for Indigenous Data protections)
|
| 1590 |
+
- Any **service-specific supplemental terms** presented at signup
|
| 1591 |
+
|
| 1592 |
+
constitute the **ENTIRE AGREEMENT** between you and Rights Holder regarding Services.
|
| 1593 |
+
|
| 1594 |
+
### 28.2 Supersession
|
| 1595 |
+
|
| 1596 |
+
These Terms supersede all prior or contemporaneous:
|
| 1597 |
+
|
| 1598 |
+
- Oral or written agreements
|
| 1599 |
+
- Proposals or negotiations
|
| 1600 |
+
- Communications or understandings
|
| 1601 |
+
- Course of dealing or trade usage
|
| 1602 |
+
|
| 1603 |
+
### 28.3 Amendments
|
| 1604 |
+
|
| 1605 |
+
These Terms may be amended ONLY by:
|
| 1606 |
+
|
| 1607 |
+
1. Written modifications executed by both parties, OR
|
| 1608 |
+
2. Modifications published by Rights Holder pursuant to Section 26
|
| 1609 |
+
|
| 1610 |
+
### 28.4 No Third-Party Beneficiaries
|
| 1611 |
+
|
| 1612 |
+
These Terms are for the benefit of you and Rights Holder only. No third party has any rights to enforce these Terms except:
|
| 1613 |
+
|
| 1614 |
+
- **GTBOCI** as the sovereign authority under which these Terms operate
|
| 1615 |
+
- **Indigenous communities** asserting collective rights under Sections 8 and 9
|
| 1616 |
+
- **Indemnified parties** under Section 19
|
| 1617 |
+
|
| 1618 |
+
---
|
| 1619 |
+
|
| 1620 |
+
## 29. CONTACT INFORMATION
|
| 1621 |
+
|
| 1622 |
+
### 29.1 General Inquiries
|
| 1623 |
+
|
| 1624 |
+
For questions about these Terms or Services:
|
| 1625 |
+
|
| 1626 |
+
**Email:** support@in-digi-nous.com
|
| 1627 |
+
**Phone:** 402-431-2023
|
| 1628 |
+
**Mail:**
|
| 1629 |
+
ᓂᐲᔥ Nbiish-Justin Kenwabikise ᑭᓇᐙᐱᑭᓯ
|
| 1630 |
+
c/o Grand Traverse Band of Ottawa and Chippewa Indians
|
| 1631 |
+
2605 N. West Bayshore Drive
|
| 1632 |
+
Peshawbestown, MI 49682
|
| 1633 |
+
|
| 1634 |
+
### 29.2 Legal Notices
|
| 1635 |
+
|
| 1636 |
+
For legal notices, dispute notifications, or DMCA takedowns:
|
| 1637 |
+
|
| 1638 |
+
**Email:** legal@in-digi-nous.com
|
| 1639 |
+
**DMCA Agent:** dmca@in-digi-nous.com
|
| 1640 |
+
|
| 1641 |
+
### 29.3 Privacy and Data Protection
|
| 1642 |
+
|
| 1643 |
+
For privacy inquiries, data subject access requests, or CARE Principles questions:
|
| 1644 |
+
|
| 1645 |
+
**Email:** privacy@in-digi-nous.com
|
| 1646 |
+
|
| 1647 |
+
### 29.4 Accessibility
|
| 1648 |
+
|
| 1649 |
+
For accessibility assistance or to report barriers:
|
| 1650 |
+
|
| 1651 |
+
**Email:** accessibility@in-digi-nous.com
|
| 1652 |
+
**Phone:** 402-431-2023
|
| 1653 |
+
|
| 1654 |
+
### 29.5 Traditional Knowledge and Indigenous Rights
|
| 1655 |
+
|
| 1656 |
+
For inquiries about Traditional Knowledge protections, CARE Principles implementation, or Indigenous Data Sovereignty:
|
| 1657 |
+
|
| 1658 |
+
**Email:** indigenous-rights@in-digi-nous.com
|
| 1659 |
+
|
| 1660 |
+
### 29.6 Response Times
|
| 1661 |
+
|
| 1662 |
+
Rights Holder strives to respond to inquiries within:
|
| 1663 |
+
|
| 1664 |
+
- **Support requests:** 2-3 business days
|
| 1665 |
+
- **Legal notices:** 5-7 business days
|
| 1666 |
+
- **Privacy/data requests:** 30 days (as required by GDPR/CCPA)
|
| 1667 |
+
- **Emergency security issues:** 24 hours
|
| 1668 |
+
|
| 1669 |
+
---
|
| 1670 |
+
|
| 1671 |
+
## 30. ACKNOWLEDGMENT AND ACCEPTANCE
|
| 1672 |
+
|
| 1673 |
+
### 30.1 Acknowledgment
|
| 1674 |
+
|
| 1675 |
+
By using Services, you acknowledge that you have:
|
| 1676 |
+
|
| 1677 |
+
1. **Read and understood** these Terms in their entirety
|
| 1678 |
+
2. **Had opportunity to review** with legal counsel if desired
|
| 1679 |
+
3. **Understood** the tribal sovereignty and jurisdictional framework
|
| 1680 |
+
4. **Agreed** to be bound by all provisions including dispute resolution and liability limitations
|
| 1681 |
+
5. **Consented** to exclusive Tribal Court jurisdiction
|
| 1682 |
+
6. **Committed** to respecting Indigenous Data Sovereignty and Traditional Knowledge protections
|
| 1683 |
+
|
| 1684 |
+
### 30.2 Capacity Confirmation
|
| 1685 |
+
|
| 1686 |
+
You confirm that you:
|
| 1687 |
+
|
| 1688 |
+
- Are at least 18 years of age OR have parental/guardian consent
|
| 1689 |
+
- Have legal capacity to enter binding contracts
|
| 1690 |
+
- Are not prohibited from using Services under applicable law
|
| 1691 |
+
- Will comply with all Terms and applicable laws
|
| 1692 |
+
|
| 1693 |
+
### 30.3 Anishinaabemowin Acknowledgment
|
| 1694 |
+
|
| 1695 |
+
**Aaniin. Miigwech gidaabadjitooying gidanokiiwinaan.** (*Hello. Thank you for using our Services.*)
|
| 1696 |
+
|
| 1697 |
+
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.
|
| 1698 |
+
|
| 1699 |
+
**Giga-waabamin naagaj.** (*We will see you later.*)
|
| 1700 |
+
|
| 1701 |
+
---
|
| 1702 |
+
|
| 1703 |
+
## APPENDIX A: QUICK REFERENCE FOR JURISDICTION
|
| 1704 |
+
|
| 1705 |
+
**Where can disputes be filed?**
|
| 1706 |
+
|
| 1707 |
+
1. **FIRST:** Grand Traverse Band Tribal Court (exclusive jurisdiction)
|
| 1708 |
+
2. **SECOND:** U.S. District Court for the Western District of Michigan (only after exhausting Tribal Court remedies OR if Tribal Court declines jurisdiction)
|
| 1709 |
+
3. **PROHIBITED:** State courts (any state court filing results in $100,000 liquidated damages)
|
| 1710 |
+
|
| 1711 |
+
**Legal notices should be sent to:**
|
| 1712 |
+
|
| 1713 |
+
ᓂᐲᔥ Nbiish-Justin Kenwabikise ᑭᓇᐙᐱᑭᓯ
|
| 1714 |
+
c/o Grand Traverse Band of Ottawa and Chippewa Indians
|
| 1715 |
+
2605 N. West Bayshore Drive
|
| 1716 |
+
Peshawbestown, MI 49682
|
| 1717 |
+
Email: legal@in-digi-nous.com
|
| 1718 |
+
|
| 1719 |
+
---
|
| 1720 |
+
|
| 1721 |
+
## APPENDIX B: QUICK REFERENCE FOR INDIGENOUS DATA RIGHTS
|
| 1722 |
+
|
| 1723 |
+
**CARE Principles:**
|
| 1724 |
+
|
| 1725 |
+
- **C**ollective Benefit: Benefits accrue to Indigenous communities
|
| 1726 |
+
- **A**uthority to Control: Communities govern their data
|
| 1727 |
+
- **R**esponsibility: Transparent reporting and accountability
|
| 1728 |
+
- **E**thics: Indigenous wellbeing is primary concern
|
| 1729 |
+
|
| 1730 |
+
**Traditional Knowledge Labels:** Respect restrictions indicated by TK Labels from Local Contexts
|
| 1731 |
+
|
| 1732 |
+
**Liquidated Damages:** Violations result in minimum $250,000 USD damages per incident
|
| 1733 |
+
|
| 1734 |
+
**Sacred Knowledge:** Extra protections for ceremonial/spiritual information
|
| 1735 |
+
|
| 1736 |
+
---
|
| 1737 |
+
|
| 1738 |
+
## APPENDIX C: QUICK REFERENCE FOR SUBSCRIPTIONS AND PAYMENTS
|
| 1739 |
+
|
| 1740 |
+
| Topic | Key Point |
|
| 1741 |
+
|-------|-----------|
|
| 1742 |
+
| **Billing** | Automatic recurring charges on your selected cycle |
|
| 1743 |
+
| **Free Trials** | Automatically convert to paid unless canceled |
|
| 1744 |
+
| **Price Changes** | 30 days' notice for subscription price increases |
|
| 1745 |
+
| **Cancellation** | Access continues until end of current billing period |
|
| 1746 |
+
| **Refunds** | Generally non-refundable except for service failures or legal requirements |
|
| 1747 |
+
| **Currency** | All prices in USD |
|
| 1748 |
+
| **Late Fees** | 1.5% per month on overdue amounts |
|
| 1749 |
+
|
| 1750 |
+
---
|
| 1751 |
+
|
| 1752 |
+
**END OF TERMS OF SERVICE**
|
| 1753 |
+
|
| 1754 |
+
**Document Version:** 2.0
|
| 1755 |
+
**Effective Date:** November 8, 2025
|
| 1756 |
+
**Last Updated:** November 8, 2025
|
| 1757 |
+
|
| 1758 |
+
**Copyright © 2025 ᓂᐲᔥ Nbiish-Justin Kenwabikise ᑭᓇᐙᐱᑭᓯ. All rights reserved.**
|
| 1759 |
+
|
| 1760 |
+
**Governed by the sovereign authority of the Grand Traverse Band of Ottawa and Chippewa Indians.**
|
| 1761 |
+
|
| 1762 |
+
*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.*
|
US20060014125A1_clean.md
ADDED
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| 1 |
+
- (19) United States
|
| 2 |
+
- (12) Patent Application Publication (10) Pub. No.: US 2006/0014125A1
|
| 3 |
+
|
| 4 |
+
St. Clair
|
| 5 |
+
|
| 6 |
+
- (54) WALKING THROUGH WALLSTRAINING SYSTEM
|
| 7 |
+
- (76) Inventor:
|
| 8 |
+
|
| 9 |
+
John Quincy St. Clair, San Juan, PR (US)
|
| 10 |
+
|
| 11 |
+
Correspondence Address: HN ST. CLAIR 52 KINGS COURT SANJUAN, PR 00911 (US)
|
| 12 |
+
|
| 13 |
+
- (21) Appl. No.:
|
| 14 |
+
|
| 15 |
+
US 20060014125A1
|
| 16 |
+
|
| 17 |
+
<!-- image -->
|
| 18 |
+
|
| 19 |
+
- (43) Pub. Date:
|
| 20 |
+
|
| 21 |
+
Jan. 19, 2006
|
| 22 |
+
|
| 23 |
+
- (22) Filed:
|
| 24 |
+
|
| 25 |
+
Jul. 14, 2004
|
| 26 |
+
|
| 27 |
+
Publication Classification
|
| 28 |
+
|
| 29 |
+
- (51) Int. Cl. G09B 1900
|
| 30 |
+
|
| 31 |
+
(2006.01)
|
| 32 |
+
|
| 33 |
+
- (52)
|
| 34 |
+
|
| 35 |
+
- U.S. Cl. .............................................................. 434/258
|
| 36 |
+
|
| 37 |
+
- (57) ABSTRACT
|
| 38 |
+
|
| 39 |
+
This invention is a training System which enables a human being to acquire Sufficient hyperSpace energy in order to pull the body out of dimension So that the person can walk through Solid objects Such as wooden doors.
|
| 40 |
+
|
| 41 |
+
10/890,635
|
| 42 |
+
|
| 43 |
+
<!-- image -->
|
| 44 |
+
|
| 45 |
+
Figure 1
|
| 46 |
+
|
| 47 |
+
<!-- image -->
|
| 48 |
+
|
| 49 |
+
Figure 2
|
| 50 |
+
|
| 51 |
+
<!-- image -->
|
| 52 |
+
|
| 53 |
+
Figure 3
|
| 54 |
+
|
| 55 |
+
<!-- image -->
|
| 56 |
+
|
| 57 |
+
Figure 4
|
| 58 |
+
|
| 59 |
+
<!-- image -->
|
| 60 |
+
|
| 61 |
+
Figure 5
|
| 62 |
+
|
| 63 |
+
<!-- image -->
|
| 64 |
+
|
| 65 |
+
Figure 6
|
| 66 |
+
|
| 67 |
+
<!-- image -->
|
| 68 |
+
|
| 69 |
+
Figure 7
|
| 70 |
+
|
| 71 |
+
<!-- image -->
|
| 72 |
+
|
| 73 |
+
Figure 8
|
| 74 |
+
|
| 75 |
+
<!-- image -->
|
| 76 |
+
|
| 77 |
+
)
|
| 78 |
+
|
| 79 |
+
Figure 9
|
| 80 |
+
|
| 81 |
+
<!-- image -->
|
| 82 |
+
|
| 83 |
+
Figure 10
|
| 84 |
+
|
| 85 |
+
<!-- image -->
|
| 86 |
+
|
| 87 |
+
Figure 11
|
| 88 |
+
|
| 89 |
+
<!-- image -->
|
| 90 |
+
|
| 91 |
+
Figure 12
|
| 92 |
+
|
| 93 |
+
<!-- image -->
|
| 94 |
+
|
| 95 |
+
N
|
| 96 |
+
|
| 97 |
+
Figure 13
|
| 98 |
+
|
| 99 |
+
<!-- image -->
|
| 100 |
+
|
| 101 |
+
Figure 14
|
| 102 |
+
|
| 103 |
+
<!-- image -->
|
| 104 |
+
|
| 105 |
+
Figure 15
|
| 106 |
+
|
| 107 |
+
<!-- image -->
|
| 108 |
+
|
| 109 |
+
Figure 16
|
| 110 |
+
|
| 111 |
+
<!-- image -->
|
| 112 |
+
|
| 113 |
+
Figure 17
|
| 114 |
+
|
| 115 |
+
<!-- image -->
|
| 116 |
+
|
| 117 |
+
Figure 18
|
| 118 |
+
|
| 119 |
+
<!-- image -->
|
| 120 |
+
|
| 121 |
+
Figure 19
|
| 122 |
+
|
| 123 |
+
<!-- image -->
|
| 124 |
+
|
| 125 |
+
Figure 20
|
| 126 |
+
|
| 127 |
+
<!-- image -->
|
| 128 |
+
|
| 129 |
+
## WALKING THROUGH WALLS TRAINING SYSTEM
|
| 130 |
+
|
| 131 |
+
## BRIEF SUMMARY OF THE INVENTION
|
| 132 |
+
|
| 133 |
+
0001. This invention is a training system that enables a human being to acquire Sufficient hyperspace energy in order to pull the body out of dimension So that the perSon can walk through Solid objects Such as wooden doors.
|
| 134 |
+
|
| 135 |
+
## BACKGROUND OF THE INVENTION
|
| 136 |
+
|
| 137 |
+
0002. A human being is a hyperspace energy being living in a physical container or body that is comprised of 67% water. This high percentage of water makes this invention possible. Referring to FIG. 1, the hyperSpace energy being receives energy from our dimension through Seven Vortices that run the length of the body. Each Vortex connects to a Separate hyperSpace dimension having its own particular frequency. This arrangement allows for the development of Seven modular energy components corresponding to the mind, Spiritual eye, Voice, body, abdomen, plasma energy ball (battery), and ground connection.
|
| 138 |
+
|
| 139 |
+
0003 Vortex (A), known as the top vortex, Supplies energy to the mind and provides a channel of communica tion to other entities in the universe. This channel has been tested up to 100,000 light years which is the diameter of the galaxy.
|
| 140 |
+
|
| 141 |
+
0004 Vortex (B), known as the spiritual eye, has a hollow cone-like appearance surrounded by white, misty, low density hyperSpace energy. Because the eye is modular, the mind can project it to vast distances, a process known as remote viewing.
|
| 142 |
+
|
| 143 |
+
0005 Vortex (C), known as the voice and hearing mod ule, can also be projected to enormous distances in order to communicate verbally with other entities. Using the proper remote Viewing instruments, it is possible to project both the eye and Verbal modules to See and talk at the Same time.
|
| 144 |
+
|
| 145 |
+
0006 Vortex (D), known as the heart vortex, provides protective energy to the upper internal organs, arms and hands.
|
| 146 |
+
|
| 147 |
+
0007 Vortex (E) provides protective energy for the lower organs Such as the intestines, liver and kidneyS.
|
| 148 |
+
|
| 149 |
+
0008 Vortex (F), known as the battery of the body, consists of an orange-colored plasma energy ball about one to two inches in diameter. The body becomes paralyzed if this ball is removed from the body. When the hyperspace energy being leaves the body, the Vortices close and the battery takes over in order to keep the body functioning. This Vortex also plays a role in the creation of the astral energy baby that attaches to the fertilized egg.
|
| 150 |
+
|
| 151 |
+
0009 Vortex (G) is the ground vortex which rotates in the counter-clockwise direction in order to provide an energy ground for the electrical circuit. All the other Vortices rotate in the clockwise direction as Seen from the front Such that energy flows into the Vortex according to the right-hand rule of physics.
|
| 152 |
+
|
| 153 |
+
0010 Vortex (H) is the hand vortex which rotates coun terclockwise on the right hand and clockwise on the left hand as Seen looking at the palm. Thus there is a rotating flow of hyperSpace energy between the two hands when the palms are facing each other.
|
| 154 |
+
|
| 155 |
+
0011 Referring to FIG. 2, each vortex feeds energy into its own hyperspace module shown by the lettered box. In terms of quantum mechanics, each box is actually a potential energy well in which each module develops separately. At the time of death of the body, these modules are joined together as a Single energy being. The process is powered by the plasma energy ball battery which also contains the logical instructions for assembly.
|
| 156 |
+
|
| 157 |
+
0012. Different people, as tested by the pendulum on the hand vortex, have different vortex sizes. Three people were tested. The first perSon had almost no rotational movement showing very little energy. The Second perSon had a Vortex radius of one inch. Another had a Vortex radius of four inches which covered his entire hand. The latter also has the ability to lift another human being, lying prone on a table, off the table by flowing low-density hyperspace energy into the person through the hand Vortices. He has also experienced walking through a Solid wooden door with a dog at his Side. What this means is that there is a way, as described in this invention, of creating large energy Vortices which will enable a person to acquire Sufficient energy to walk out of dimension through Solid objects Such as wooden doors.
|
| 158 |
+
|
| 159 |
+
0013 Researching the historical records, referring to the statue in FIG. 3, a humble black Catholic Dominican friar of the Santo Rosario Convent, by the name of San Martin de Porres, living in Peru in the 1500's, also developed this ability to walk through doors. For his beatification, many witnesses came forward to recount his extraordinary abili ties. For example, a witness, who worked in the Convent, went to the cell of San Martin to ask for something to eat. When he reached the cell, he saw San Martin leaving with Some medications apparently to heal Someone sick. The witness waited by the open door of the cell for his return. After having waited awhile without being distracted by anything else, he saw said venerable brother fray Martin come out from his cell from the inside and call him by name. The witneSS was terrified, not understanding how this was possible.
|
| 160 |
+
|
| 161 |
+
0014. The woman who gave me the statue told me that he would walk miles and miles each day to visit the poor. The task of walking means that there is a Velocity involved. Because the body has mass, then there is a mass times a velocity, or momentum, involved in this ability. Notice also that the Statue shows him walking with his right arm crossed over his left arm in the form of an X.
|
| 162 |
+
|
| 163 |
+
0015 What this walking momentum means in terms of physics is given in the following analysis. The human body consists of 67% water. A water molecule consists of two hydrogen atoms and one oxygen atom having the atomic formula HO. The atomic weight of one atom of hydrogen is 1.008 awu. The atomic weight of one atom of oxygen is 16.000 awu. The molecular weight of one atom of water is therefore:
|
| 164 |
+
|
| 165 |
+
| Weight of two atoms of hydrogen 2 x 1.008 awu = Weight of one atom of oxygen 1 x 16.000 awu = | 2.016 awu 16.000 awu 18.016 awu |
|
| 166 |
+
|-------------------------------------------------------------------------------------------------|-----------------------------------|
|
| 167 |
+
|
| 168 |
+
The formula weight is just the atomic weight expressed in grams. Thus the formula weight of water would be 18.016
|
| 169 |
+
|
| 170 |
+
grams or 0.01801.6 kilograms. According to Avogadro's law, the formula weight contains N=6.02x10° molecules. Thus the mass of one water molecule is the formula weight divided by the number of molecules:
|
| 171 |
+
|
| 172 |
+
<!-- image -->
|
| 173 |
+
|
| 174 |
+
0016. According to Einstein's Special Theory of Relativ ity, energy is equal to the mass times the Speed of light Squared. The energy of a photon is equal to Planck's constant h times the frequency f of the photon. Equating these two energies shows that
|
| 175 |
+
|
| 176 |
+
<!-- image -->
|
| 177 |
+
|
| 178 |
+
which Says that the natural logarithm of the mass plus the natural logarithm of the wavelength is equal to the natural logarithm of Planck's constant divided by the speed of light c, known as the base constant in the tetrahedron diagram. This diagram plots the mass verSuS wavelength in natural logarithms. Notice that the left hand side of the equation is the Sum of mass and wavelength, So the right hand Side must also be the Same.
|
| 179 |
+
|
| 180 |
+
<!-- image -->
|
| 181 |
+
|
| 182 |
+
where S2A, known as the Planck maSS, is the linear mass S2 of the universe times the bottom dimensional limit of the universe A, and 2. LA is the bottom dimensional wavelength, known as the Planck wavelength. That is, our dimension is bounded by the Planck box having sides Planck mass and Planck wavelength. These boundaries have values:
|
| 183 |
+
|
| 184 |
+
<!-- formula-not-decoded -->
|
| 185 |
+
|
| 186 |
+
0017 Referring to FIG. 4, these two lines are plotted on the tetrahedron diagram. The Planck mass line (A) reflects off the sphere (C) and returns as the Planck wavelength (B) which shows the dual nature of quantum physics. This creates the Planck box (a,b,c,d) which is the boundary of our dimension.
|
| 187 |
+
|
| 188 |
+
0018 Referring to FIG. 5, the mass of the water mol ecule is plotted as horizontal line (D) on the diagram. The energy of the water molecule is the mass times the Speed of light Squared.
|
| 189 |
+
|
| 190 |
+
<!-- image -->
|
| 191 |
+
|
| 192 |
+
0019 Referring to FIG. 6, a circle (E), having a radius equal to the Speed of light Squared, centered on the mass of the water molecule at the vertical axis, generates a circle (F), centered at the origin, that intersects (e) the mass of the water molecule at the Planck wavelength. That is, this interSection point sits right on the Planck box boundary between space and hyperspace. The radius of circle (F) is actually the mass of the water molecule divided by the speed of light Squared.
|
| 193 |
+
|
| 194 |
+
<!-- image -->
|
| 195 |
+
|
| 196 |
+
Taking the positive Square root, the Speed of light is one meter per Second at the Planck boundary. The experiments with brain hemisphere resonance show that the resonant frequency of the human energy field is between 1 Hz to 5 Hz which is well below the hearing threshold of 20 Hz. Because the traveling wave has a wavelength of 0.3048 m and the Speed of light is unity at the boundary, the frequency should be
|
| 197 |
+
|
| 198 |
+
<!-- image -->
|
| 199 |
+
|
| 200 |
+
which is within the middle of the experimental male range. At this resonant frequency, the human energy being pops out of the body. This represents only a first stage in the devel opment of the energy being. But what is really wanted is to have both the physical body and the energy field move out of dimension together as San Martin did.
|
| 201 |
+
|
| 202 |
+
0020 Referring to FIG. 7, the 45° base line (G) is added to the diagram. Notice that the Planck mass intersects (b.d) the Planck wavelength on this line because they sum to the base constant. The mass of the water molecule crosses this line at point (f). A circle, centered (f), with a radius equal to the Speed of light, is tangent to the Planck wavelength (h) and the Planck mass (g). Since mass times Velocity is momentum, the diagram Says that the momentum of the water molecule is tangent to the boundaries of the Planck box which Separates Space from hyperSpace. In order to get to point (e) from the momentum of the water molecule, a Second circle is added to the momentum.
|
| 203 |
+
|
| 204 |
+
0021 Referring to FIG. 8, a circle (I), centered on the water molecule mass at the speed of light circle (i), is made tangent to the Planck wavelength at point (e). The momen tum M of space is equal to the Planck mass times the Planck Scale times the Speed of light. At point (e), the speed of light
|
| 205 |
+
|
| 206 |
+
is unity, So that the momentum is just the Planck mass in momentum units:
|
| 207 |
+
|
| 208 |
+
<!-- image -->
|
| 209 |
+
|
| 210 |
+
Circle (I) has a radius equal to
|
| 211 |
+
|
| 212 |
+
<!-- image -->
|
| 213 |
+
|
| 214 |
+
Therefore the walking momentum in order to get to point (e) is the momentum of Space M times this ratio
|
| 215 |
+
|
| 216 |
+
<!-- image -->
|
| 217 |
+
|
| 218 |
+
The stride length L per second that a person of mass W has to walk is the walking momentum divided by the mass W times a period T of one Second
|
| 219 |
+
|
| 220 |
+
<!-- image -->
|
| 221 |
+
|
| 222 |
+
For a person with a mass W of 99.79 kg (220 pounds), then the stride length L is 20.08 inches or one foot and eight inches. The perSon has to walk this length in one Second on each foot.
|
| 223 |
+
|
| 224 |
+
0022 Looking at the statue of San Martin, his arms are crossed over each other. The Vortex of the right hand points backward, and the left hand vortex points forward due to the reversed rotation. Referring to FIG. 9, this creates a rota tional energy channel (D) around his body (A). The stride length (C) is calculated according to the body mass, and then a banner printout is made showing where the footprints (B) are to be placed each second. The question is: 'What happens when one walks the walk'?'.
|
| 225 |
+
|
| 226 |
+
0023. On the very first experiment, referring to FIG. 10, what happens is that, after taking only Six Strides on the banner printout (A), a huge spinning vortex (C) develops over the top of the head and the vertex locks onto the heart vortex in the center of the chest (B). In everyday life, this Vortex is not created because normal walking is much faster and the hands are held at the side of the body. The energy rush through the pineal gland is So intense that one feels immediately sleepy and Starts yawning excessively due to the increased flow of melatonin.
|
| 227 |
+
|
| 228 |
+
0024. After practicing with the banner printout, long walks were made through the park. In this case, a vertical white line rotated around a vertical axis located about Six feet perpendicular to the path on the right Side of the body. When the walking speed was correct, this white line would lock onto the centerline of the body. Speeding up or down caused the white line to lose Synchronization and rotate away. This white line is related to the ability to levitate the body. San Martin had So much energy that, according to witness testimony, he could float horizontally in the air with his head resting against the bowed head of Christ on a carved Wooden croSS. Thus San Martin's energy Sources were channeling energy from Christ, collective broom energy as described in a separate patent application, and the walking momentum Vortex energy.
|
| 229 |
+
|
| 230 |
+
0025. During the early part of the 20th century, a man's parents were lying in bed dying of tuberculosis. With their permission, he placed a weighing Scale under each of their beds. When they passed away, he found that each Scale registered a loSS in weight of 2.5 ounces. This is equivalent to 0.071 kg, which is the mass of the human energy being.
|
| 231 |
+
|
| 232 |
+
0026. After conducting a number of experiments with water Vortices draining from a cylindrical tank, it can be Stated from Bernoulli's theorem that the potential energy plus the kinetic energy is a constant
|
| 233 |
+
|
| 234 |
+
<!-- image -->
|
| 235 |
+
|
| 236 |
+
The shape of the inner Surface of the water circulation has a Velocity proportional to the inverse of the radius, So the shape of the Surface is
|
| 237 |
+
|
| 238 |
+
<!-- image -->
|
| 239 |
+
|
| 240 |
+
which says that the height of the vortex is proportional to the inverse of the Square of the radius.
|
| 241 |
+
|
| 242 |
+
0027. The hand vortex area ratio between the second test Subject and the third test Subject is equal to the Square of their radii:
|
| 243 |
+
|
| 244 |
+
<!-- image -->
|
| 245 |
+
|
| 246 |
+
<!-- formula-not-decoded -->
|
| 247 |
+
|
| 248 |
+
Because the Speed of light at the boundary was determined to be one meter per Second, the energy of the third test Subject is
|
| 249 |
+
|
| 250 |
+
<!-- image -->
|
| 251 |
+
|
| 252 |
+
0028 Referring to FIG. 11, a circle (K), having this radius, is added to the energy of the water molecule (E), to produce augmented energy circle (J). This circle (J) inter sects the mass of the water molecule outside the Planck box at point (). This means that the increased hyperspace energy moves the water molecule, and hence the body, out of dimension. Furthermore, circle (J) is tangent to the walking momentum ratio circle (I) which keeps the geometry locked together.
|
| 253 |
+
|
| 254 |
+
## SUMMARY OF THE INVENTION
|
| 255 |
+
|
| 256 |
+
0029. It is the object of this invention to create a training System that allows a person to develop the ability to walk
|
| 257 |
+
|
| 258 |
+
around out of dimension, passing through Solid objects. This invention is based on one of the most remarkable relation ships between the water molecule and the boundary between Space and hyperSpace. The mass of the water molecule is equal to the energy of the water molecule at this boundary. Because the body is composed of 67% water, the body sits on the boundary Such that any additional increase in energy would move the body out of dimension into hyperSpace. Because human beings are actually hyperspace energy beings living in physical bodies, the additional energy required to move the body out of dimension comes from increasing the energy of the hyperSpace being. One Source of this energy comes from walking cross-handed at the proper Velocity in order to generate a large hyperSpace energy vortex that flows energy into the potential wells of the hyperSpace being. This increased hyperspace energy will then allow the person to walk around out of dimension through Solid wooden doors. Because the door and the perSon are in two slightly different dimensions at the same moment, it appears that the perSon is walking through the door. After passing through the closed door, the person then returns to our dimension and emerges in the interior of the closed-door room.
|
| 259 |
+
|
| 260 |
+
0030 This technique can be used in reverse to heal an infected hand instantaneously. A Salve made from the St.Mary's herb is applied to the skin of the infected hand. The hyperSpace energy then flows through the right-hand Vortex Such that the infected hand and the Salve are taken slightly out of dimension. What happens is similar to when a short piece of Straw is embedded in a hard wooden telephone pole as a tornado passes over the pole. The Straw and pole are taken out of dimension Such that they briefly merge together. AS the tornado moves on, both objects come back to dimension merged together. Thus the Salve (Straw) is merged with the bacteria (pole) in hyperspace Such that the bacteria is killed instantly. Removing the hand vortex brings the infected hand back into dimension cured.
|
| 261 |
+
|
| 262 |
+
0.031 Based on this information and the results of many experiments, this invention creates a large Vortex by walking at a certain Velocity with the hands crossed over the chest. The proper walking momentum is created by a computer program that inputs the perSons weight, shoe length, and the number of Strides to be taken. The program then prints out a banner showing the footprints where the person has to Step each Second. When a perSon obtains Sufficient energy from these methods, the perSon is then tuned to the Subspace geometry of the universe as will be shown using the tetra hedron physics diagram.
|
| 263 |
+
|
| 264 |
+
## A BRIEF DESCRIPTION OF THE DRAWINGS
|
| 265 |
+
|
| 266 |
+
0032 FIG. 1. Energy vortices of the human body.
|
| 267 |
+
|
| 268 |
+
0033 FIG. 2. Seven potential wells fed by the energy vortices of the body.
|
| 269 |
+
|
| 270 |
+
0034 FIG. 3. Carved wooden statue of San Martin de Porres who could walk through solid wooden doors.
|
| 271 |
+
|
| 272 |
+
0.035 FIG. 4. Tetrahedron diagram showing boundaries of the Planck box of dimension.
|
| 273 |
+
|
| 274 |
+
0.036 FIG. 5. Tetrahedron diagram showing mass of water molecule.
|
| 275 |
+
|
| 276 |
+
0037 FIG. 6. Tetrahedron diagram showing water mol ecule energy and mass are equal at the Planck box boundary.
|
| 277 |
+
|
| 278 |
+
0038 FIG. 7. Tetrahedron diagram showing that water molecule momentum is tangent to the boundaries of the Planck box.
|
| 279 |
+
|
| 280 |
+
0039 FIG.8. Tetrahedron diagram showing the momen tum ratio required to reach the Planck wavelength boundary from the water momentum.
|
| 281 |
+
|
| 282 |
+
0040 FIG. 9. Perspective view of crossed-hand momen tum walking using banner printout.
|
| 283 |
+
|
| 284 |
+
0041 FIG. 10. Perspective view of vortex generated by momentum walking.
|
| 285 |
+
|
| 286 |
+
0042 FIG. 11. Tetrahedron diagram showing how addi tional hyperSpace energy Supplied to the potential wells of the hyperSpace energy being enables the human body to be pulled out of dimension.
|
| 287 |
+
|
| 288 |
+
0043 FIG. 12. Tetrahedron diagram showing the inverted tetrahedrons whose crossing represents the merging of two Worlds between Space and hyperspace.
|
| 289 |
+
|
| 290 |
+
0044 FIG. 13. Tetrahedron diagram showing that the proton wavelength is determined by the Planck mass tangent to the inverted tetrahedrons.
|
| 291 |
+
|
| 292 |
+
004.5 FIG. 14. Tetrahedron diagram showing that the mass of the universe determines the electron and proton elementary particles.
|
| 293 |
+
|
| 294 |
+
0046 FIG. 15. Tetrahedron diagram showing that momentum walking together with the increased energy of the hyperSpace energy being is tangent to the mass of the universe.
|
| 295 |
+
|
| 296 |
+
0047 FIG. 16. Computer program block diagram for printing banner footprints.
|
| 297 |
+
|
| 298 |
+
0048) FIG. 17. Computer program input dialog window.
|
| 299 |
+
|
| 300 |
+
0049 FIG. 18. Computer program calculation of stride length per Second.
|
| 301 |
+
|
| 302 |
+
0050 FIG. 19. Six-stride screen banner printout for 220 lb. perSon.
|
| 303 |
+
|
| 304 |
+
0051 FIG. 20. Project tree showing help information by double clicking on node.
|
| 305 |
+
|
| 306 |
+
## DETAILED DESCRIPTION OF THE INVENTION
|
| 307 |
+
|
| 308 |
+
0.052 1. Referring to FIG. 12, a tetrahedron (A, path abc) is added to the diagram. The tip of the tetrahedron (e) falls on the base constant which is equal to Planck's constant divided by the speed of light. A second tetrahedron (B, path def) is inverted around horizontal line (D) which has a geometrical relationship to the base constant. The line is located at
|
| 309 |
+
|
| 310 |
+
<!-- image -->
|
| 311 |
+
|
| 312 |
+
Notice that the intersection of the two inverted tetrahedrons (g) occurs at the Planck wavelength which is the boundary between space and hyperspace. Line (D) is referred to as the merging of two worlds or the connecting of two worlds, a phrase obtained by means of remote Viewing. That is, it is
|
| 313 |
+
|
| 314 |
+
the dividing line between Space and hyperSpace. This is the reason that the two boundaries interSect at this point.
|
| 315 |
+
|
| 316 |
+
0053) Referring to FIG. 13, the proton wavelength (E) is added to the diagram. The proton wavelength has a value of the electron wavelength divided by 1836.1527
|
| 317 |
+
|
| 318 |
+
<!-- image -->
|
| 319 |
+
|
| 320 |
+
A line (hd), from the base constant at the proton wavelength (h), to the corner of the inverted tetrahedron (d), intersects the merging of two worlds line at point (i). A circle, with a radius equal to the Planck mass (G), centered (i), is tangent to the inverted tetrahedrons. Thus the proton is defined by the base constant and the geometry of Subspace. The reason that the proton is tangent to both tetrahedrons is because the electron and proton follow one Single path between Space and hyperSpace. Thus there is only one single particle in nature. Because the particle enters our Space at two different locations, we see the one particle as two distinct elementary particles. This relationship can be seen in Library of Con greSS tetrahedron diagram tet0565.
|
| 321 |
+
|
| 322 |
+
0054) Referring to FIG. 14, the mass of the universe MU is equal to the linear mass Q of the universe times the radius R of the universe which is 10° meters
|
| 323 |
+
|
| 324 |
+
<!-- formula-not-decoded -->
|
| 325 |
+
|
| 326 |
+
as shown on the diagram as line (A). The electron wave length (B) reflects off the circumscribing sphere (H) and returns as the electron mass (C). The distance between reflection points is the hyperspace charge which is equal to the charge of Space less the electron charge. So the electron goes from wavelength to electric charge to mass. The proton wavelength (D) reflects off the sphere and returns as the proton mass (E) which intersects the horizontal axis at point (c). A line (abc) from the mass of the universe at the vertical axis (a) to the proton at the horizontal axis (c) intersects the electron (b) which determines the electron's mass and wavelength since this point is on the 45 base line. What this means is that cosmology determines the values of the elementary particles.
|
| 327 |
+
|
| 328 |
+
0055 Referring to FIG. 15, the mass of the water mol ecule (C) intersects the 45 base line at point (a). A circle (F), with a radius equal to the Planck mass is centered on point (c) at the Planck wavelength boundary (B) where the mass of the water molecule numerically equals the energy of the water molecule and where the Speed of light is unity. The Planck mass is tangent to the base constant which is the vertical centerline (I) of the diagram. The large circle (H), centered (a) on the water molecule, is tangent to the mass of the universe (b) and tangent to the inverted tetrahedron (E). The difference between this circle (H) and the base constant (I) is the energy the hyperspace being has to acquire in order to be tuned to the mass and geometry of Subspace. This difference, shown as circle (G), has a mass
|
| 329 |
+
|
| 330 |
+
<!-- formula-not-decoded -->
|
| 331 |
+
|
| 332 |
+
Thus the hand Vortex radius ratio has to be the Square root of the mass of the hyperSpace energy being divided by this tangent mass, or:
|
| 333 |
+
|
| 334 |
+
<!-- image -->
|
| 335 |
+
|
| 336 |
+
which is a Vortex radius that is three times larger than that of a normal perSon, but one inch Smaller than the third test subject who had a hand vortex radius of 4 inches. This is the reason that the third test Subject was able to walk through walls and teleport to other locations because his energy was Sufficiently large enough to croSS over the inverted tetrahe dron into a co-dimension of hyperSpace. Notice also that dotted circle (J) with a radius equal to the mass of the water molecule, centered (c) on the boundary, is tangent to the tetrahedron (K). This makes the combined geometry tangent to the inverted tetrahedrons and the mass of the universe.
|
| 337 |
+
|
| 338 |
+
0056 2. Referring to FIG. 16, a computer program generates a banner printout with footprints spaced for walk ing according to the weight, shoe size and length of banner desired. Some banners could fit in a Small room, or be placed on the floor of a long corridor. As shown in the block diagram the program inputs these three variables with error checking. Then the program calculates the Stride length L per Second from the equation
|
| 339 |
+
|
| 340 |
+
<!-- image -->
|
| 341 |
+
|
| 342 |
+
0057 3. In the above equation, the value of the momen tum M, as determined by the tetrahedron diagram, is pref erably 50.9095736 kg m/s. The weight of the person is converted to mass W in kilograms. The stride period is preferably 1 second. Referring to FIG. 17, the data is entered in the dialog input window.
|
| 343 |
+
|
| 344 |
+
0058 4. Once the stride length has been calculated, the program displays the Stride length and the required number of banner sheets in the message window, as seen in FIG. 18.
|
| 345 |
+
|
| 346 |
+
0059) 5. The print banner menu is selected and the foot prints are printed on continuous banner paper. A Six-Stride Scaled Screen version of the banner is shown in FIG. 19. The banner paper is then placed on the floor, and a one-Second beeping timer is activated from the toolbar or menu. The person then walks beside the printed foot prints, taking one Stride per beep, which produces the correct walking momen tum to generate the hyperSpace Vortex. The Vortex, which forms in only Six Strides, brings additional hyperSpace energy into the quantum potential Wells of the hyperSpace energy being.
|
| 347 |
+
|
| 348 |
+
0060 6. A help system consists of a project tree which explains the various Steps in using the program. Double mouse clicking on a project tree node displays the help instructions in a dialog window as shown in FIG. 20.
|
| 349 |
+
|
| 350 |
+
0061 7. In summary, the purpose of the training system is to Substantially increase the energy of a human being who will then have the capability of walking through walls, body levitation, instantaneous healing of infections, full-body teleportation to another location, remote viewing at vast distances in terms of light-years, and looking into hyper
|
| 351 |
+
|
| 352 |
+
Space co-dimensions. The third test Subject and I have been able to experience all the above phenomena. He did it through augmenting his energy, and I have done it through the application of electromagnetic fields, by Spinning on my Vortex accelerator machine and using this invention.
|
| 353 |
+
|
| 354 |
+
I claim:
|
| 355 |
+
|
| 356 |
+
1. A training method comprising the Steps of
|
| 357 |
+
2. generating a banner having a plurality of footprints Spaced at regular intervals wherein the banner is placed on the ground;
|
| 358 |
+
3. generating a periodic audible Signal, whereby the audible Signal repeats at a regular interval of time equal to the period; and
|
| 359 |
+
4. walking on the banner by tracing the footprints Spaced at regular intervals, wherein one Step is made with each audible Signal.
|
| 360 |
+
|
| 361 |
+
2. The method of claim 1, wherein the Step of generating the banner further comprises:
|
| 362 |
+
|
| 363 |
+
providing a perSon's actual mass in kilograms, and
|
| 364 |
+
|
| 365 |
+
- determining the Stride length based upon the following equation:
|
| 366 |
+
|
| 367 |
+
L=(M/W*T
|
| 368 |
+
|
| 369 |
+
- where L is the Stride length in meters, M is a constant of approximately 50.91, W is the mass of the person in kilograms, and T is the period of the audible Signal in Seconds, and
|
| 370 |
+
- wherein the footprints on the banner are Spaced at the Stride length.
|
| 371 |
+
|
| 372 |
+
3. The method of claim 2, wherein the audible signal is a beep and the period of the audible signal is one Second.
|
| 373 |
+
|
| 374 |
+
4. A training method for a person comprising the Steps of:
|
| 375 |
+
|
| 376 |
+
generating an audible signal having a fixed period;
|
| 377 |
+
|
| 378 |
+
- generating a banner having regularly Spaced indicia for identifying preferred Step locations, wherein the dis tance between adjacent indicia is determined by the following formula:
|
| 379 |
+
|
| 380 |
+
L=(M/W*T
|
| 381 |
+
|
| 382 |
+
- where the distance between adjacent indicia in meters is L., a constant of 50.9095736 is equal to M, the person's mass in kilograms is W, and the fixed period in Seconds is T, and
|
| 383 |
+
- walking on the marked path by Stepping upon each of the regularly Spaced indicia wherein one Step is made with each period of the audible Signal.
|
| 384 |
+
|
| 385 |
+
5. The training method of claim 4 wherein the fixed period is one Second.
|
| 386 |
+
|
| 387 |
+
6. The training method of claim 5, wherein the regularly Spaced indicia are footprints.
|
| 388 |
+
|
| 389 |
+
* * * * *
|
app.py
ADDED
|
@@ -0,0 +1,135 @@
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|
| 1 |
+
from docling.document_converter import DocumentConverter
|
| 2 |
+
import gradio as gr
|
| 3 |
+
from fastmcp import FastMCP
|
| 4 |
+
import sys
|
| 5 |
+
import os
|
| 6 |
+
|
| 7 |
+
# Create MCP server
|
| 8 |
+
mcp = FastMCP("GhostDance")
|
| 9 |
+
|
| 10 |
+
# Constants from the patent
|
| 11 |
+
# Updated to match the patent more precisely: 50.909573606
|
| 12 |
+
M_CONSTANT = 50.909573606
|
| 13 |
+
|
| 14 |
+
def calculate_step(weight: float, unit: str):
|
| 15 |
+
"""
|
| 16 |
+
Calculates the step length for the Ghost Dance based on weight.
|
| 17 |
+
Returns full step (1s) and half step (0.5s) distances.
|
| 18 |
+
"""
|
| 19 |
+
if weight <= 0:
|
| 20 |
+
return "N/A", "N/A", "N/A", "N/A"
|
| 21 |
+
|
| 22 |
+
# Convert weight to kilograms if needed
|
| 23 |
+
weight_in_kg = weight * 0.453592 if unit == "pounds" else weight
|
| 24 |
+
|
| 25 |
+
# Calculate step length using formula L=(M/W)*T
|
| 26 |
+
# where T = 1 second
|
| 27 |
+
full_meters = (M_CONSTANT / weight_in_kg) * 1
|
| 28 |
+
full_feet = full_meters * 3.28084
|
| 29 |
+
|
| 30 |
+
# Calculate half-step length (T = 0.5 seconds)
|
| 31 |
+
half_meters = full_meters / 2
|
| 32 |
+
half_feet = full_feet / 2
|
| 33 |
+
|
| 34 |
+
return (
|
| 35 |
+
f"{full_meters:.3f} meters",
|
| 36 |
+
f"{full_feet:.3f} feet",
|
| 37 |
+
f"{half_meters:.3f} meters",
|
| 38 |
+
f"{half_feet:.3f} feet"
|
| 39 |
+
)
|
| 40 |
+
|
| 41 |
+
# Register MCP tool
|
| 42 |
+
@mcp.tool()
|
| 43 |
+
def ghost_dance_calculation(weight: float, unit: str = "pounds") -> str:
|
| 44 |
+
"""
|
| 45 |
+
Calculate the required step length for the Ghost Dance.
|
| 46 |
+
|
| 47 |
+
Args:
|
| 48 |
+
weight: Weight of the person.
|
| 49 |
+
unit: Unit of weight ('pounds' or 'kilograms').
|
| 50 |
+
"""
|
| 51 |
+
full_m, full_f, half_m, half_f = calculate_step(weight, unit)
|
| 52 |
+
return (
|
| 53 |
+
f"To perform the Ghost Dance at your weight ({weight} {unit}):\n"
|
| 54 |
+
f"- Full Step (1.0s): {full_m} ({full_f})\n"
|
| 55 |
+
f"- Half Step (0.5s): {half_m} ({half_f})"
|
| 56 |
+
)
|
| 57 |
+
|
| 58 |
+
@mcp.tool()
|
| 59 |
+
def convert_document_to_markdown(file_path: str) -> str:
|
| 60 |
+
"""
|
| 61 |
+
Expertly convert any document (PDF, DOCX, PPTX, etc.) to clean Markdown using Docling.
|
| 62 |
+
|
| 63 |
+
Args:
|
| 64 |
+
file_path: Path to the document to convert.
|
| 65 |
+
"""
|
| 66 |
+
if not os.path.exists(file_path):
|
| 67 |
+
return f"Error: File not found at {file_path}"
|
| 68 |
+
|
| 69 |
+
try:
|
| 70 |
+
converter = DocumentConverter()
|
| 71 |
+
result = converter.convert(file_path)
|
| 72 |
+
md_output = result.document.export_to_markdown()
|
| 73 |
+
|
| 74 |
+
# Determine output path
|
| 75 |
+
base_name = os.path.splitext(file_path)[0]
|
| 76 |
+
output_path = f"{base_name}_converted.md"
|
| 77 |
+
|
| 78 |
+
with open(output_path, "w", encoding="utf-8") as f:
|
| 79 |
+
f.write(md_output)
|
| 80 |
+
|
| 81 |
+
return f"Successfully converted {file_path} to {output_path}. First 500 characters:\n\n{md_output[:500]}..."
|
| 82 |
+
except Exception as e:
|
| 83 |
+
return f"Error during conversion: {str(e)}"
|
| 84 |
+
|
| 85 |
+
# Gradio UI
|
| 86 |
+
with gr.Blocks(title="Ghost Dance - A continued prophecy") as demo:
|
| 87 |
+
gr.HTML("<h1 style='text-align: center;'>Ghost Dance - A continued prophecy</h1>")
|
| 88 |
+
gr.Markdown("This is the patent that the math is based on: [US20060014125A1](https://patents.google.com/patent/US20060014125A1/en)")
|
| 89 |
+
|
| 90 |
+
with gr.Accordion("Basics from the patent"):
|
| 91 |
+
gr.Markdown("""
|
| 92 |
+
**INSTRUCTIONS**: Input weight and then step at designated distance per second.
|
| 93 |
+
|
| 94 |
+
The calculation is based on the average person's water content at 67%.
|
| 95 |
+
Because the atoms making up water sit near the `Planck boundary`,
|
| 96 |
+
we are able to move that mass outside of the boundary.
|
| 97 |
+
""")
|
| 98 |
+
|
| 99 |
+
with gr.Row():
|
| 100 |
+
with gr.Column():
|
| 101 |
+
weight_input = gr.Number(label="Weight", value=180.0, minimum=1.0)
|
| 102 |
+
unit_input = gr.Radio(["pounds", "kilograms"], label="Unit", value="pounds")
|
| 103 |
+
calc_btn = gr.Button("Calculate Stride", variant="primary")
|
| 104 |
+
|
| 105 |
+
with gr.Column():
|
| 106 |
+
with gr.Group():
|
| 107 |
+
gr.Markdown("### Full Step (1.0 second)")
|
| 108 |
+
full_meters_output = gr.Textbox(label="Meters")
|
| 109 |
+
full_feet_output = gr.Textbox(label="Feet")
|
| 110 |
+
|
| 111 |
+
with gr.Group():
|
| 112 |
+
gr.Markdown("### Half Step (0.5 seconds)")
|
| 113 |
+
half_meters_output = gr.Textbox(label="Meters")
|
| 114 |
+
half_feet_output = gr.Textbox(label="Feet")
|
| 115 |
+
|
| 116 |
+
calc_btn.click(
|
| 117 |
+
fn=calculate_step,
|
| 118 |
+
inputs=[weight_input, unit_input],
|
| 119 |
+
outputs=[full_meters_output, full_feet_output, half_meters_output, half_feet_output]
|
| 120 |
+
)
|
| 121 |
+
|
| 122 |
+
gr.Markdown("### Use a metronome to improve your accuracy.")
|
| 123 |
+
gr.HTML('<div style="display: flex; justify-content: center;"><iframe width="560" height="315" src="https://www.youtube.com/embed/ymJIXzvDvj4?start=79" title="YouTube video player" frameborder="0" allow="accelerometer; autoplay; clipboard-write; encrypted-media; gyroscope; picture-in-picture; web-share" allowfullscreen></iframe></div>')
|
| 124 |
+
|
| 125 |
+
gr.Markdown("""
|
| 126 |
+
### Project Intent Review
|
| 127 |
+
The Ghost Dance project implements the training protocols detailed in US Patent 2006/0014125A1. Its primary intent is to enable individuals to acquire sufficient 'hyperspace energy' to transition the physical body out of our dimension. By calculating a specific walking stride relative to body mass and maintaining a cross-handed posture, the system aims to generate a resonant vortex that pulls the body through the Planck boundary. This theoretical shift into hyperspace is claimed to facilitate walking through solid matter, levitation, and teleportation, leveraging the high water content of the human body as a conductive medium for subspace energy.
|
| 128 |
+
""")
|
| 129 |
+
|
| 130 |
+
if __name__ == "__main__":
|
| 131 |
+
# Check for mcp argument
|
| 132 |
+
if len(sys.argv) > 1 and sys.argv[1] == "mcp":
|
| 133 |
+
mcp.run()
|
| 134 |
+
else:
|
| 135 |
+
demo.launch()
|
buy-me-a-coffee.svg
ADDED
|
|
critical.md
ADDED
|
@@ -0,0 +1,100 @@
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| 1 |
+
# Critical Repository Standards
|
| 2 |
+
|
| 3 |
+
This document outlines the mandatory standards and configurations for this repository. All automated agents and contributors must adhere to these instructions.
|
| 4 |
+
|
| 5 |
+
## 1. Core Documentation Synchronization
|
| 6 |
+
|
| 7 |
+
Ensure the following core files are synchronized with the `license-for-all-works` repository. Run these commands to update:
|
| 8 |
+
|
| 9 |
+
```bash
|
| 10 |
+
# License
|
| 11 |
+
curl -fLo LICENSE https://raw.githubusercontent.com/nbiish/license-for-all-works/refs/heads/main/working-LICENSE
|
| 12 |
+
|
| 13 |
+
# Contributing Guidelines
|
| 14 |
+
curl -fLo CONTRIBUTING.md https://raw.githubusercontent.com/nbiish/license-for-all-works/refs/heads/main/CONTRIBUTING.md
|
| 15 |
+
|
| 16 |
+
# Terms of Service
|
| 17 |
+
curl -fLo Terms-of-Service.md https://raw.githubusercontent.com/nbiish/license-for-all-works/refs/heads/main/Terms-of-Service.md
|
| 18 |
+
|
| 19 |
+
# Privacy Policy
|
| 20 |
+
curl -fLo Privacy-Policy.md https://raw.githubusercontent.com/nbiish/license-for-all-works/refs/heads/main/Privacy-Policy.md
|
| 21 |
+
|
| 22 |
+
# Critical Standards (Self-update)
|
| 23 |
+
curl -fLo critical.md https://raw.githubusercontent.com/nbiish/license-for-all-works/refs/heads/main/critical.md
|
| 24 |
+
```
|
| 25 |
+
|
| 26 |
+
## 2. Citation Requirement
|
| 27 |
+
|
| 28 |
+
In `README.md`, include the following BibTeX citation. Replace `<|repo_title|>` with the actual repository name.
|
| 29 |
+
|
| 30 |
+
```bibtex
|
| 31 |
+
@misc{<|repo_title|><|2025|>,
|
| 32 |
+
author/creator/steward = {ᓂᐲᔥ ᐙᐸᓂᒥᑮ-ᑭᓇᐙᐸᑭᓯ (Nbiish Waabanimikii-Kinawaabakizi), also known legally as JUSTIN PAUL KENWABIKISE, professionally documented as Nbiish-Justin Paul Kenwabikise, Anishinaabek Dodem (Anishinaabe Clan): Animikii (Thunder), descendant of Chief ᑭᓇᐙᐸᑭᓯ (Kinwaabakizi) of the Beaver Island Band and enrolled member of the sovereign Grand Traverse Band of Ottawa and Chippewa Indians},
|
| 33 |
+
title/description = {<|repo_title|>},
|
| 34 |
+
type_of_work = {Indigenous digital creation/software incorporating traditional knowledge and cultural expressions},
|
| 35 |
+
year = {2025},
|
| 36 |
+
publisher/source/event = {GitHub repository under tribal sovereignty protections},
|
| 37 |
+
howpublished = {\url{https://github.com/nbiish/<|repo_title|>}},
|
| 38 |
+
note = {Authored and stewarded by ᓂᐲᔥ ᐙᐸᓂᒥᑮ-ᑭᓇᐙᐸᑭᓯ (Nbiish Waabanimikii-Kinawaabakizi), also known legally as JUSTIN PAUL KENWABIKISE, professionally documented as Nbiish-Justin Paul Kenwabikise, Anishinaabek Dodem (Anishinaabe Clan): Animikii (Thunder), descendant of Chief ᑭᓇᐙᐸᑭᓯ (Kinwaabakizi) of the Beaver Island Band and enrolled member of the sovereign Grand Traverse Band of Ottawa and Chippewa Indians. This work embodies Indigenous intellectual property, traditional knowledge systems (TK), traditional cultural expressions (TCEs), and associated data protected under tribal law, federal Indian law, treaty rights, Indigenous Data Sovereignty principles, and international indigenous rights frameworks including UNDRIP. All usage, benefit-sharing, and data governance are governed by the COMPREHENSIVE RESTRICTED USE LICENSE FOR INDIGENOUS CREATIONS WITH TRIBAL SOVEREIGNTY, DATA SOVEREIGNTY, AND WEALTH RECLAMATION PROTECTIONS.}
|
| 39 |
+
}
|
| 40 |
+
```
|
| 41 |
+
|
| 42 |
+
## 3. Support & Donation Section
|
| 43 |
+
|
| 44 |
+
Add the following support section to the top of `README.md`.
|
| 45 |
+
|
| 46 |
+
First, download the donation assets:
|
| 47 |
+
```bash
|
| 48 |
+
# Stripe QR Code
|
| 49 |
+
curl -fLo qr-stripe-donation.png https://raw.githubusercontent.com/nbiish/license-for-all-works/8e9b73b269add9161dc04bbdd79f818c40fca14e/qr-stripe-donation.png
|
| 50 |
+
|
| 51 |
+
# Buy Me a Coffee Button
|
| 52 |
+
curl -fLo buy-me-a-coffee.svg "https://img.buymeacoffee.com/button-api/?text=Buy%20me%20a%20coffee&emoji=&slug=nbiish&button_colour=FFDD00&font_colour=000000&font_family=Cookie&outline_colour=000000&coffee_colour=ffffff"
|
| 53 |
+
```
|
| 54 |
+
|
| 55 |
+
Then, embed this HTML:
|
| 56 |
+
```html
|
| 57 |
+
<div align="center">
|
| 58 |
+
<hr width="50%">
|
| 59 |
+
<h3>Support This Project</h3>
|
| 60 |
+
<table style="border: none; border-collapse: collapse;">
|
| 61 |
+
<tr style="border: none;">
|
| 62 |
+
<td align="center" style="border: none; vertical-align: middle; padding: 20px;">
|
| 63 |
+
<h4>Stripe</h4>
|
| 64 |
+
<img src="qr-stripe-donation.png" alt="Scan to donate" width="180"/>
|
| 65 |
+
<p><a href="https://raw.githubusercontent.com/nbiish/license-for-all-works/8e9b73b269add9161dc04bbdd79f818c40fca14e/qr-stripe-donation.png">Donate via Stripe</a></p>
|
| 66 |
+
</td>
|
| 67 |
+
<td align="center" style="border: none; vertical-align: middle; padding: 20px;">
|
| 68 |
+
<a href="https://www.buymeacoffee.com/nbiish">
|
| 69 |
+
<img src="buy-me-a-coffee.svg" alt="Buy me a coffee" />
|
| 70 |
+
</a>
|
| 71 |
+
</td>
|
| 72 |
+
</tr>
|
| 73 |
+
</table>
|
| 74 |
+
<hr width="50%">
|
| 75 |
+
</div>
|
| 76 |
+
```
|
| 77 |
+
|
| 78 |
+
## 4. GitHub Funding Configuration
|
| 79 |
+
|
| 80 |
+
Ensure `.github/FUNDING.yml` exists with the following content to enable the "Sponsor" button:
|
| 81 |
+
|
| 82 |
+
```yaml
|
| 83 |
+
# GitHub Sponsors and funding platforms for Nbiish's repositories
|
| 84 |
+
# This file enables the "Sponsor" button on GitHub repositories
|
| 85 |
+
|
| 86 |
+
github: [nbiish] # GitHub Sponsors username
|
| 87 |
+
ko_fi: nbiish # Ko-fi username
|
| 88 |
+
custom: [
|
| 89 |
+
"https://raw.githubusercontent.com/nbiish/license-for-all-works/8e9b73b269add9161dc04bbdd79f818c40fca14e/qr-stripe-donation.png",
|
| 90 |
+
"https://www.buymeacoffee.com/nbiish"
|
| 91 |
+
]
|
| 92 |
+
```
|
| 93 |
+
|
| 94 |
+
## 5. Copyright Notice
|
| 95 |
+
|
| 96 |
+
Use the following copyright notice where appropriate:
|
| 97 |
+
|
| 98 |
+
```markdown
|
| 99 |
+
Copyright © 2025 ᓂᐲᔥ ᐙᐸᓂᒥᑮ-ᑭᓇᐙᐸᑭᓯ (Nbiish Waabanimikii-Kinawaabakizi), also known legally as JUSTIN PAUL KENWABIKISE, professionally documented as Nbiish-Justin Paul Kenwabikise, Anishinaabek Dodem (Anishinaabe Clan): Animikii (Thunder), a descendant of Chief ᑭᓇᐙᐸᑭᓯ (Kinwaabakizi) of the Beaver Island Band, and an enrolled member of the sovereign Grand Traverse Band of Ottawa and Chippewa Indians. This work embodies Traditional Knowledge and Traditional Cultural Expressions. All rights reserved.
|
| 100 |
+
```
|
pyproject.toml
ADDED
|
@@ -0,0 +1,12 @@
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| 1 |
+
[project]
|
| 2 |
+
name = "ghostdance"
|
| 3 |
+
version = "0.1.0"
|
| 4 |
+
description = "Add your description here"
|
| 5 |
+
readme = "README.md"
|
| 6 |
+
requires-python = ">=3.13"
|
| 7 |
+
dependencies = [
|
| 8 |
+
"docling>=2.66.0",
|
| 9 |
+
"fastmcp>=2.14.2",
|
| 10 |
+
"gradio>=6.2.0",
|
| 11 |
+
"streamlit>=1.40.2",
|
| 12 |
+
]
|
qr-stripe-donation.png
ADDED
|
requirements.txt
ADDED
|
@@ -0,0 +1,4 @@
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| 1 |
+
fastmcp>=2.14.2
|
| 2 |
+
gradio>=6.2.0
|
| 3 |
+
streamlit>=1.40.2
|
| 4 |
+
|
to-implement.md
ADDED
|
@@ -0,0 +1,395 @@
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
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|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
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|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
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|
|
|
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|
|
|
|
|
|
|
|
|
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|
|
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|
|
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|
|
|
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|
|
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| 1 |
+
US 20060014125A1
|
| 2 |
+
|
| 3 |
+
<!-- image -->
|
| 4 |
+
|
| 5 |
+
- (10) 2006/0014125A1
|
| 6 |
+
|
| 7 |
+
## (19) United States (12) Patent Application Publication St. Clair
|
| 8 |
+
|
| 9 |
+
## (54) WALKING THROUGH WALLSTRAINING SYSTEM
|
| 10 |
+
|
| 11 |
+
- (76) Inventor:
|
| 12 |
+
|
| 13 |
+
John Quincy St. Clair, San Juan, PR (US)
|
| 14 |
+
|
| 15 |
+
Correspondence Address: HN ST. CLAIR 52 KINGS COURT SANJUAN, PR 00911 (US) 4A
|
| 16 |
+
|
| 17 |
+
- (21) Appl. No.:
|
| 18 |
+
|
| 19 |
+
10/890,635
|
| 20 |
+
|
| 21 |
+
Pub. No.: US
|
| 22 |
+
|
| 23 |
+
- (43) Pub. Date:
|
| 24 |
+
|
| 25 |
+
Jan. 19, 2006
|
| 26 |
+
|
| 27 |
+
- (22) Filed:
|
| 28 |
+
|
| 29 |
+
Jul. 14, 2004
|
| 30 |
+
|
| 31 |
+
## Publication Classification
|
| 32 |
+
|
| 33 |
+
- (51) Int. Cl.
|
| 34 |
+
|
| 35 |
+
G09B 1900
|
| 36 |
+
|
| 37 |
+
(2006.01)
|
| 38 |
+
|
| 39 |
+
(52) U.S. Cl. .............................................................. 434/258
|
| 40 |
+
|
| 41 |
+
## (57) ABSTRACT
|
| 42 |
+
|
| 43 |
+
This invention is a training System which enables a human being to acquire Sufficient hyperSpace energy in order to pull the body out of dimension So that the person can walk through Solid objects Such as wooden doors.
|
| 44 |
+
|
| 45 |
+
<!-- image -->
|
| 46 |
+
|
| 47 |
+
Figure 1
|
| 48 |
+
|
| 49 |
+
<!-- image -->
|
| 50 |
+
|
| 51 |
+
Figure 2
|
| 52 |
+
|
| 53 |
+
<!-- image -->
|
| 54 |
+
|
| 55 |
+
Figure 3
|
| 56 |
+
|
| 57 |
+
<!-- image -->
|
| 58 |
+
|
| 59 |
+
Figure 4
|
| 60 |
+
|
| 61 |
+
<!-- image -->
|
| 62 |
+
|
| 63 |
+
Figure 5
|
| 64 |
+
|
| 65 |
+
<!-- image -->
|
| 66 |
+
|
| 67 |
+
Figure 6
|
| 68 |
+
|
| 69 |
+
<!-- image -->
|
| 70 |
+
|
| 71 |
+
Figure 7
|
| 72 |
+
|
| 73 |
+
<!-- image -->
|
| 74 |
+
|
| 75 |
+
Figure 8
|
| 76 |
+
|
| 77 |
+
<!-- image -->
|
| 78 |
+
|
| 79 |
+
Figure 9
|
| 80 |
+
|
| 81 |
+
<!-- image -->
|
| 82 |
+
|
| 83 |
+
Figure 10
|
| 84 |
+
|
| 85 |
+
<!-- image -->
|
| 86 |
+
|
| 87 |
+
Figure 11
|
| 88 |
+
|
| 89 |
+
<!-- image -->
|
| 90 |
+
|
| 91 |
+
Figure 12
|
| 92 |
+
|
| 93 |
+
<!-- image -->
|
| 94 |
+
|
| 95 |
+
Figure 13
|
| 96 |
+
|
| 97 |
+
<!-- image -->
|
| 98 |
+
|
| 99 |
+
A
|
| 100 |
+
|
| 101 |
+
Figure 14
|
| 102 |
+
|
| 103 |
+
<!-- image -->
|
| 104 |
+
|
| 105 |
+
Figure 15
|
| 106 |
+
|
| 107 |
+
<!-- image -->
|
| 108 |
+
|
| 109 |
+
Figure 16
|
| 110 |
+
|
| 111 |
+
<!-- image -->
|
| 112 |
+
|
| 113 |
+
Figure 17
|
| 114 |
+
|
| 115 |
+
<!-- image -->
|
| 116 |
+
|
| 117 |
+
Figure 18
|
| 118 |
+
|
| 119 |
+
<!-- image -->
|
| 120 |
+
|
| 121 |
+
Figure 19
|
| 122 |
+
|
| 123 |
+
<!-- image -->
|
| 124 |
+
|
| 125 |
+
Figure 20
|
| 126 |
+
|
| 127 |
+
<!-- image -->
|
| 128 |
+
|
| 129 |
+
## WALKING THROUGH WALLS TRAINING SYSTEM
|
| 130 |
+
|
| 131 |
+
## BRIEF SUMMARY OF THE INVENTION
|
| 132 |
+
|
| 133 |
+
0001. This invention is a training system that enables a human being to acquire Sufficient hyperspace energy in order to pull the body out of dimension So that the perSon can walk through Solid objects Such as wooden doors.
|
| 134 |
+
|
| 135 |
+
## BACKGROUND OF THE INVENTION
|
| 136 |
+
|
| 137 |
+
0002. A human being is a hyperspace energy being living in a physical container or body that is comprised of 67% water. This high percentage of water makes this invention possible. Referring to FIG. 1, the hyperSpace energy being receives energy from our dimension through Seven Vortices that run the length of the body. Each Vortex connects to a Separate hyperSpace dimension having its own particular frequency. This arrangement allows for the development of Seven modular energy components corresponding to the mind, Spiritual eye, Voice, body, abdomen, plasma energy ball (battery), and ground connection.
|
| 138 |
+
|
| 139 |
+
0003 Vortex (A), known as the top vortex, Supplies energy to the mind and provides a channel of communication to other entities in the universe. This channel has been tested up to 100,000 light years which is the diameter of the galaxy.
|
| 140 |
+
|
| 141 |
+
0004 Vortex (B), known as the spiritual eye, has a hollow cone-like appearance surrounded by white, misty, low density hyperSpace energy. Because the eye is modular, the mind can project it to vast distances, a process known as remote viewing.
|
| 142 |
+
|
| 143 |
+
0005 Vortex (C), known as the voice and hearing mod ule, can also be projected to enormous distances in order to communicate verbally with other entities. Using the proper remote Viewing instruments, it is possible to project both the eye and Verbal modules to See and talk at the Same time.
|
| 144 |
+
|
| 145 |
+
0006 Vortex (D), known as the heart vortex, provides protective energy to the upper internal organs, arms and hands.
|
| 146 |
+
|
| 147 |
+
0007 Vortex (E) provides protective energy for the lower organs Such as the intestines, liver and kidneyS.
|
| 148 |
+
|
| 149 |
+
0008 Vortex (F), known as the battery of the body, consists of an orange-colored plasma energy ball about one to two inches in diameter. The body becomes paralyzed if this ball is removed from the body. When the hyperspace energy being leaves the body, the Vortices close and the battery takes over in order to keep the body functioning. This Vortex also plays a role in the creation of the astral energy baby that attaches to the fertilized egg.
|
| 150 |
+
|
| 151 |
+
0009 Vortex (G) is the ground vortex which rotates in the counter-clockwise direction in order to provide an energy ground for the electrical circuit. All the other Vortices rotate in the clockwise direction as Seen from the front Such that energy flows into the Vortex according to the right-hand rule of physics.
|
| 152 |
+
|
| 153 |
+
0010 Vortex (H) is the hand vortex which rotates coun terclockwise on the right hand and clockwise on the left hand as Seen looking at the palm. Thus there is a rotating flow of hyperSpace energy between the two hands when the palms are facing each other.
|
| 154 |
+
|
| 155 |
+
0011 Referring to FIG. 2, each vortex feeds energy into its own hyperspace module shown by the lettered box. In terms of quantum mechanics, each box is actually a potential energy well in which each module develops separately. At the time of death of the body, these modules are joined together as a Single energy being. The process is powered by the plasma energy ball battery which also contains the logical instructions for assembly.
|
| 156 |
+
|
| 157 |
+
0012. Different people, as tested by the pendulum on the hand vortex, have different vortex sizes. Three people were tested. The first perSon had almost no rotational movement showing very little energy. The Second perSon had a Vortex radius of one inch. Another had a Vortex radius of four inches which covered his entire hand. The latter also has the ability to lift another human being, lying prone on a table, off the table by flowing low-density hyperspace energy into the person through the hand Vortices. He has also experienced walking through a Solid wooden door with a dog at his Side. What this means is that there is a way, as described in this invention, of creating large energy Vortices which will enable a person to acquire Sufficient energy to walk out of dimension through Solid objects Such as wooden doors.
|
| 158 |
+
|
| 159 |
+
0013 Researching the historical records, referring to the statue in FIG. 3, a humble black Catholic Dominican friar of the Santo Rosario Convent, by the name of San Martin de Porres, living in Peru in the 1500's, also developed this ability to walk through doors. For his beatification, many witnesses came forward to recount his extraordinary abili ties. For example, a witness, who worked in the Convent, went to the cell of San Martin to ask for something to eat. When he reached the cell, he saw San Martin leaving with Some medications apparently to heal Someone sick. The witness waited by the open door of the cell for his return. After having waited awhile without being distracted by anything else, he saw said venerable brother fray Martin come out from his cell from the inside and call him by name. The witneSS was terrified, not understanding how this was possible.
|
| 160 |
+
|
| 161 |
+
0014. The woman who gave me the statue told me that he would walk miles and miles each day to visit the poor. The task of walking means that there is a Velocity involved. Because the body has mass, then there is a mass times a velocity, or momentum, involved in this ability. Notice also that the Statue shows him walking with his right arm crossed over his left arm in the form of an X.
|
| 162 |
+
|
| 163 |
+
0015 What this walking momentum means in terms of physics is given in the following analysis. The human body consists of 67% water. A water molecule consists of two hydrogen atoms and one oxygen atom having the atomic formula HO. The atomic weight of one atom of hydrogen is 1.008 awu. The atomic weight of one atom of oxygen is 16.000 awu. The molecular weight of one atom of water is therefore:
|
| 164 |
+
|
| 165 |
+
Weight of two atoms of hydrogen 2 x 1.008 awu = Weight of one atom of oxygen 1 x 16.000 awu =
|
| 166 |
+
|
| 167 |
+
2.016 awu 16.000 awu
|
| 168 |
+
|
| 169 |
+
18.016 awu
|
| 170 |
+
|
| 171 |
+
The formula weight is just the atomic weight expressed in grams. Thus the formula weight of water would be 18.016
|
| 172 |
+
|
| 173 |
+
grams or 0.01801.6 kilograms. According to Avogadro's law, the formula weight contains N=6.02x10° molecules. Thus the mass of one water molecule is the formula weight divided by the number of molecules:
|
| 174 |
+
|
| 175 |
+
.018016k ''''' = 2.99269103.10.2 kg 3.SS 3.SS Int f = -58.77103943
|
| 176 |
+
|
| 177 |
+
0016. According to Einstein's Special Theory of Relativ ity, energy is equal to the mass times the Speed of light Squared. The energy of a photon is equal to Planck's constant h times the frequency f of the photon. Equating these two energies shows that
|
| 178 |
+
|
| 179 |
+
h => ln(n) -- ln(A) = l =base = -95.91546344 C E =mc? =hf =h5 = " 3 ma =
|
| 180 |
+
|
| 181 |
+
which Says that the natural logarithm of the mass plus the natural logarithm of the wavelength is equal to the natural logarithm of Planck's constant divided by the speed of light c, known as the base constant in the tetrahedron diagram. This diagram plots the mass verSuS wavelength in natural logarithms. Notice that the left hand side of the equation is the Sum of mass and wavelength, So the right hand Side must also be the Same.
|
| 182 |
+
|
| 183 |
+
QA 2rA 142) = 14 In(oA ) + In(2zA
|
| 184 |
+
|
| 185 |
+
where S2A, known as the Planck maSS, is the linear mass S2 of the universe times the bottom dimensional limit of the universe A, and 2. LA is the bottom dimensional wavelength, known as the Planck wavelength. That is, our dimension is bounded by the Planck box having sides Planck mass and Planck wavelength. These boundaries have values:
|
| 186 |
+
|
| 187 |
+
In(2A)=-17.64290101 In(2zA)=-78.27256243
|
| 188 |
+
|
| 189 |
+
0017 Referring to FIG. 4, these two lines are plotted on the tetrahedron diagram. The Planck mass line (A) reflects off the sphere (C) and returns as the Planck wavelength (B) which shows the dual nature of quantum physics. This creates the Planck box (a,b,c,d) which is the boundary of our dimension.
|
| 190 |
+
|
| 191 |
+
0018 Referring to FIG. 5, the mass of the water mol ecule is plotted as horizontal line (D) on the diagram. The energy of the water molecule is the mass times the Speed of light Squared.
|
| 192 |
+
|
| 193 |
+
E=mc?
|
| 194 |
+
|
| 195 |
+
ln(c)=19.51860099 In(mc2)=In(m)+2 In(c)
|
| 196 |
+
|
| 197 |
+
0019 Referring to FIG. 6, a circle (E), having a radius equal to the Speed of light Squared, centered on the mass of the water molecule at the vertical axis, generates a circle (F), centered at the origin, that intersects (e) the mass of the water molecule at the Planck wavelength. That is, this interSection point sits right on the Planck box boundary between space and hyperspace. The radius of circle (F) is actually the mass of the water molecule divided by the speed of light Squared.
|
| 198 |
+
|
| 199 |
+
E = c7 =m 72 =[ meter 3 € = sec In(c) = 0
|
| 200 |
+
|
| 201 |
+
Taking the positive Square root, the Speed of light is one meter per Second at the Planck boundary. The experiments with brain hemisphere resonance show that the resonant frequency of the human energy field is between 1 Hz to 5 Hz which is well below the hearing threshold of 20 Hz. Because the traveling wave has a wavelength of 0.3048 m and the Speed of light is unity at the boundary, the frequency should be
|
| 202 |
+
|
| 203 |
+
f = sec 23.28 Hz 1 3048 m
|
| 204 |
+
|
| 205 |
+
which is within the middle of the experimental male range. At this resonant frequency, the human energy being pops out of the body. This represents only a first stage in the devel opment of the energy being. But what is really wanted is to have both the physical body and the energy field move out of dimension together as San Martin did.
|
| 206 |
+
|
| 207 |
+
0020 Referring to FIG. 7, the 45° base line (G) is added to the diagram. Notice that the Planck mass intersects (b.d) the Planck wavelength on this line because they sum to the base constant. The mass of the water molecule crosses this line at point (f). A circle, centered (f), with a radius equal to the Speed of light, is tangent to the Planck wavelength (h) and the Planck mass (g). Since mass times Velocity is momentum, the diagram Says that the momentum of the water molecule is tangent to the boundaries of the Planck box which Separates Space from hyperSpace. In order to get to point (e) from the momentum of the water molecule, a Second circle is added to the momentum.
|
| 208 |
+
|
| 209 |
+
0021 Referring to FIG. 8, a circle (I), centered on the water molecule mass at the speed of light circle (i), is made tangent to the Planck wavelength at point (e). The momen tum M of space is equal to the Planck mass times the Planck Scale times the Speed of light. At point (e), the speed of light
|
| 210 |
+
|
| 211 |
+
is unity, So that the momentum is just the Planck mass in momentum units:
|
| 212 |
+
|
| 213 |
+
M = QAc = 2.176634194.108 kg S
|
| 214 |
+
|
| 215 |
+
Circle (I) has a radius equal to
|
| 216 |
+
|
| 217 |
+
ratio-e21.722-23389127OO
|
| 218 |
+
|
| 219 |
+
Therefore the walking momentum in order to get to point (e) is the momentum of Space M times this ratio
|
| 220 |
+
|
| 221 |
+
M = M. ratio = 50,909573606 kg.
|
| 222 |
+
|
| 223 |
+
The stride length L per second that a person of mass W has to walk is the walking momentum divided by the mass W times a period T of one Second
|
| 224 |
+
|
| 225 |
+
L = M
|
| 226 |
+
|
| 227 |
+
For a person with a mass W of 99.79 kg (220 pounds), then the stride length L is 20.08 inches or one foot and eight inches. The perSon has to walk this length in one Second on each foot.
|
| 228 |
+
|
| 229 |
+
0022 Looking at the statue of San Martin, his arms are crossed over each other. The Vortex of the right hand points backward, and the left hand vortex points forward due to the reversed rotation. Referring to FIG. 9, this creates a rota tional energy channel (D) around his body (A). The stride length (C) is calculated according to the body mass, and then a banner printout is made showing where the footprints (B) are to be placed each second. The question is: "What happens when one walks the walk'?".
|
| 230 |
+
|
| 231 |
+
0023. On the very first experiment, referring to FIG. 10, what happens is that, after taking only Six Strides on the banner printout (A), a huge spinning vortex (C) develops over the top of the head and the vertex locks onto the heart vortex in the center of the chest (B). In everyday life, this Vortex is not created because normal walking is much faster and the hands are held at the side of the body. The energy rush through the pineal gland is So intense that one feels immediately sleepy and Starts yawning excessively due to the increased flow of melatonin.
|
| 232 |
+
|
| 233 |
+
0024. After practicing with the banner printout, long walks were made through the park. In this case, a vertical white line rotated around a vertical axis located about Six feet perpendicular to the path on the right Side of the body. When the walking speed was correct, this white line would lock onto the centerline of the body. Speeding up or down caused the white line to lose Synchronization and rotate away. This white line is related to the ability to levitate the body. San Martin had So much energy that, according to witness testimony, he could float horizontally in the air with his head resting against the bowed head of Christ on a carved Wooden croSS. Thus San Martin's energy Sources were
|
| 234 |
+
|
| 235 |
+
channeling energy from Christ, collective broom energy as described in a separate patent application, and the walking momentum Vortex energy.
|
| 236 |
+
|
| 237 |
+
0025. During the early part of the 20th century, a man's parents were lying in bed dying of tuberculosis. With their permission, he placed a weighing Scale under each of their beds. When they passed away, he found that each Scale registered a loSS in weight of 2.5 ounces. This is equivalent to 0.071 kg, which is the mass of the human energy being.
|
| 238 |
+
|
| 239 |
+
0026. After conducting a number of experiments with water Vortices draining from a cylindrical tank, it can be Stated from Bernoulli's theorem that the potential energy plus the kinetic energy is a constant
|
| 240 |
+
|
| 241 |
+
<!-- image -->
|
| 242 |
+
|
| 243 |
+
The shape of the inner Surface of the water circulation has a Velocity proportional to the inverse of the radius, So the shape of the Surface is
|
| 244 |
+
|
| 245 |
+
(3-30) = 2
|
| 246 |
+
|
| 247 |
+
which says that the height of the vortex is proportional to the inverse of the Square of the radius.
|
| 248 |
+
|
| 249 |
+
0027. The hand vortex area ratio between the second test Subject and the third test Subject is equal to the Square of their radii:
|
| 250 |
+
|
| 251 |
+
-
|
| 252 |
+
|
| 253 |
+
(1 in) 1 ratO = : (4 in)? 16
|
| 254 |
+
|
| 255 |
+
Because the Speed of light at the boundary was determined to be one meter per Second, the energy of the third test Subject is
|
| 256 |
+
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| 257 |
+
.071 kg Y1 m) -3 : E= ( () = 4.4375. 10 joule 16 SteC ln(E) = -5.417664124
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| 258 |
+
|
| 259 |
+
0028 Referring to FIG. 11, a circle (K), having this radius, is added to the energy of the water molecule (E), to produce augmented energy circle (J). This circle (J) inter sects the mass of the water molecule outside the Planck box at point (). This means that the increased hyperspace energy moves the water molecule, and hence the body, out of dimension. Furthermore, circle (J) is tangent to the walking momentum ratio circle (I) which keeps the geometry locked together.
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+
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| 261 |
+
## SUMMARY OF THE INVENTION
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+
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+
0029. It is the object of this invention to create a training System that allows a person to develop the ability to walk
|
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+
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+
around out of dimension, passing through Solid objects. This invention is based on one of the most remarkable relation ships between the water molecule and the boundary between Space and hyperSpace. The mass of the water molecule is equal to the energy of the water molecule at this boundary. Because the body is composed of 67% water, the body sits on the boundary Such that any additional increase in energy would move the body out of dimension into hyperSpace. Because human beings are actually hyperspace energy beings living in physical bodies, the additional energy required to move the body out of dimension comes from increasing the energy of the hyperSpace being. One Source of this energy comes from walking cross-handed at the proper Velocity in order to generate a large hyperSpace energy vortex that flows energy into the potential wells of the hyperSpace being. This increased hyperspace energy will then allow the person to walk around out of dimension through Solid wooden doors. Because the door and the perSon are in two slightly different dimensions at the same moment, it appears that the perSon is walking through the door. After passing through the closed door, the person then returns to our dimension and emerges in the interior of the closed-door room.
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+
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+
0030 This technique can be used in reverse to heal an infected hand instantaneously. A Salve made from the St.Mary's herb is applied to the skin of the infected hand. The hyperSpace energy then flows through the right-hand Vortex Such that the infected hand and the Salve are taken slightly out of dimension. What happens is similar to when a short piece of Straw is embedded in a hard wooden telephone pole as a tornado passes over the pole. The Straw and pole are taken out of dimension Such that they briefly merge together. AS the tornado moves on, both objects come back to dimension merged together. Thus the Salve (Straw) is merged with the bacteria (pole) in hyperspace Such that the bacteria is killed instantly. Removing the hand vortex brings the infected hand back into dimension cured.
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| 268 |
+
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| 269 |
+
0.031 Based on this information and the results of many experiments, this invention creates a large Vortex by walking at a certain Velocity with the hands crossed over the chest. The proper walking momentum is created by a computer program that inputs the perSons weight, shoe length, and the number of Strides to be taken. The program then prints out a banner showing the footprints where the person has to Step each Second. When a perSon obtains Sufficient energy from these methods, the perSon is then tuned to the Subspace geometry of the universe as will be shown using the tetra hedron physics diagram.
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+
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| 271 |
+
## A BRIEF DESCRIPTION OF THE DRAWINGS
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+
|
| 273 |
+
0032 FIG. 1. Energy vortices of the human body.
|
| 274 |
+
|
| 275 |
+
0033 FIG. 2. Seven potential wells fed by the energy vortices of the body.
|
| 276 |
+
|
| 277 |
+
0034 FIG. 3. Carved wooden statue of San Martin de Porres who could walk through solid wooden doors.
|
| 278 |
+
|
| 279 |
+
0.035 FIG. 4. Tetrahedron diagram showing boundaries of the Planck box of dimension.
|
| 280 |
+
|
| 281 |
+
0.036 FIG. 5. Tetrahedron diagram showing mass of water molecule.
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+
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| 283 |
+
0037 FIG. 6. Tetrahedron diagram showing water mol ecule energy and mass are equal at the Planck box boundary.
|
| 284 |
+
|
| 285 |
+
0038 FIG. 7. Tetrahedron diagram showing that water molecule momentum is tangent to the boundaries of the Planck box.
|
| 286 |
+
|
| 287 |
+
0039 FIG.8. Tetrahedron diagram showing the momen tum ratio required to reach the Planck wavelength boundary from the water momentum.
|
| 288 |
+
|
| 289 |
+
0040 FIG. 9. Perspective view of crossed-hand momen tum walking using banner printout.
|
| 290 |
+
|
| 291 |
+
0041 FIG. 10. Perspective view of vortex generated by momentum walking.
|
| 292 |
+
|
| 293 |
+
0042 FIG. 11. Tetrahedron diagram showing how addi tional hyperSpace energy Supplied to the potential wells of the hyperSpace energy being enables the human body to be pulled out of dimension.
|
| 294 |
+
|
| 295 |
+
0043 FIG. 12. Tetrahedron diagram showing the inverted tetrahedrons whose crossing represents the merging of two Worlds between Space and hyperspace.
|
| 296 |
+
|
| 297 |
+
0044 FIG. 13. Tetrahedron diagram showing that the proton wavelength is determined by the Planck mass tangent to the inverted tetrahedrons.
|
| 298 |
+
|
| 299 |
+
004.5 FIG. 14. Tetrahedron diagram showing that the mass of the universe determines the electron and proton elementary particles.
|
| 300 |
+
|
| 301 |
+
0046 FIG. 15. Tetrahedron diagram showing that momentum walking together with the increased energy of the hyperSpace energy being is tangent to the mass of the universe.
|
| 302 |
+
|
| 303 |
+
0047 FIG. 16. Computer program block diagram for printing banner footprints.
|
| 304 |
+
|
| 305 |
+
0048) FIG. 17. Computer program input dialog window.
|
| 306 |
+
|
| 307 |
+
0049 FIG. 18. Computer program calculation of stride length per Second.
|
| 308 |
+
|
| 309 |
+
0050 FIG. 19. Six-stride screen banner printout for 220 lb. perSon.
|
| 310 |
+
|
| 311 |
+
0051 FIG. 20. Project tree showing help information by double clicking on node.
|
| 312 |
+
|
| 313 |
+
## DETAILED DESCRIPTION OF THE INVENTION
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+
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+
0.052 1. Referring to FIG. 12, a tetrahedron (A, path abc) is added to the diagram. The tip of the tetrahedron (e) falls on the base constant which is equal to Planck's constant divided by the speed of light. A second tetrahedron (B, path def) is inverted around horizontal line (D) which has a geometrical relationship to the base constant. The line is located at
|
| 316 |
+
|
| 317 |
+
<!-- image -->
|
| 318 |
+
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| 319 |
+
Notice that the intersection of the two inverted tetrahedrons (g) occurs at the Planck wavelength which is the boundary between space and hyperspace. Line (D) is referred to as the merging of two worlds or the connecting of two worlds, a phrase obtained by means of remote Viewing. That is, it is
|
| 320 |
+
|
| 321 |
+
the dividing line between Space and hyperSpace. This is the reason that the two boundaries interSect at this point.
|
| 322 |
+
|
| 323 |
+
0053) Referring to FIG. 13, the proton wavelength (E) is added to the diagram. The proton wavelength has a value of the electron wavelength divided by 1836.1527
|
| 324 |
+
|
| 325 |
+
<!-- image -->
|
| 326 |
+
|
| 327 |
+
A line (hd), from the base constant at the proton wavelength (h), to the corner of the inverted tetrahedron (d), intersects the merging of two worlds line at point (i). A circle, with a radius equal to the Planck mass (G), centered (i), is tangent to the inverted tetrahedrons. Thus the proton is defined by the base constant and the geometry of Subspace. The reason that the proton is tangent to both tetrahedrons is because the electron and proton follow one Single path between Space and hyperSpace. Thus there is only one single particle in nature. Because the particle enters our Space at two different locations, we see the one particle as two distinct elementary particles. This relationship can be seen in Library of Con greSS tetrahedron diagram tet0565.
|
| 328 |
+
|
| 329 |
+
0054) Referring to FIG. 14, the mass of the universe MU is equal to the linear mass Q of the universe times the radius R of the universe which is 10° meters
|
| 330 |
+
|
| 331 |
+
In(MU)-In(QR)-122.3347509
|
| 332 |
+
|
| 333 |
+
as shown on the diagram as line (A). The electron wave length (B) reflects off the circumscribing sphere (H) and returns as the electron mass (C). The distance between reflection points is the hyperspace charge which is equal to the charge of Space less the electron charge. So the electron goes from wavelength to electric charge to mass. The proton wavelength (D) reflects off the sphere and returns as the proton mass (E) which intersects the horizontal axis at point (c). A line (abc) from the mass of the universe at the vertical axis (a) to the proton at the horizontal axis (c) intersects the electron (b) which determines the electron's mass and wavelength since this point is on the 45 base line. What this means is that cosmology determines the values of the elementary particles.
|
| 334 |
+
|
| 335 |
+
0055 Referring to FIG. 15, the mass of the water mol ecule (C) intersects the 45 base line at point (a). A circle (F), with a radius equal to the Planck mass is centered on point (c) at the Planck wavelength boundary (B) where the mass of the water molecule numerically equals the energy of the water molecule and where the Speed of light is unity. The Planck mass is tangent to the base constant which is the vertical centerline (I) of the diagram. The large circle (H), centered (a) on the water molecule, is tangent to the mass of the universe (b) and tangent to the inverted tetrahedron (E). The difference between this circle (H) and the base constant (I) is the energy the hyperspace being has to acquire in order to be tuned to the mass and geometry of Subspace. This difference, shown as circle (G), has a mass
|
| 336 |
+
|
| 337 |
+
m=e'.7271 kg=8.29.10 kg
|
| 338 |
+
|
| 339 |
+
Thus the hand Vortex radius ratio has to be the Square root of the mass of the hyperSpace energy being divided by this tangent mass, or:
|
| 340 |
+
|
| 341 |
+
<!-- image -->
|
| 342 |
+
|
| 343 |
+
which is a Vortex radius that is three times larger than that of a normal perSon, but one inch Smaller than the third test subject who had a hand vortex radius of 4 inches. This is the reason that the third test Subject was able to walk through walls and teleport to other locations because his energy was Sufficiently large enough to croSS over the inverted tetrahe dron into a co-dimension of hyperSpace. Notice also that dotted circle (J) with a radius equal to the mass of the water molecule, centered (c) on the boundary, is tangent to the tetrahedron (K). This makes the combined geometry tangent to the inverted tetrahedrons and the mass of the universe.
|
| 344 |
+
|
| 345 |
+
0056 2. Referring to FIG. 16, a computer program generates a banner printout with footprints spaced for walk ing according to the weight, shoe size and length of banner desired. Some banners could fit in a Small room, or be placed on the floor of a long corridor. As shown in the block diagram the program inputs these three variables with error checking. Then the program calculates the Stride length L per Second from the equation
|
| 346 |
+
|
| 347 |
+
<!-- image -->
|
| 348 |
+
|
| 349 |
+
0057 3. In the above equation, the value of the momen tum M, as determined by the tetrahedron diagram, is pref erably 50.9095736 kg m/s. The weight of the person is converted to mass W in kilograms. The stride period is preferably 1 second. Referring to FIG. 17, the data is entered in the dialog input window.
|
| 350 |
+
|
| 351 |
+
0058 4. Once the stride length has been calculated, the program displays the Stride length and the required number of banner sheets in the message window, as seen in FIG. 18.
|
| 352 |
+
|
| 353 |
+
0059) 5. The print banner menu is selected and the foot prints are printed on continuous banner paper. A Six-Stride Scaled Screen version of the banner is shown in FIG. 19. The banner paper is then placed on the floor, and a one-Second beeping timer is activated from the toolbar or menu. The person then walks beside the printed foot prints, taking one Stride per beep, which produces the correct walking momen tum to generate the hyperSpace Vortex. The Vortex, which forms in only Six Strides, brings additional hyperSpace energy into the quantum potential Wells of the hyperSpace energy being.
|
| 354 |
+
|
| 355 |
+
0060 6. A help system consists of a project tree which explains the various Steps in using the program. Double mouse clicking on a project tree node displays the help instructions in a dialog window as shown in FIG. 20.
|
| 356 |
+
|
| 357 |
+
0061 7. In summary, the purpose of the training system is to Substantially increase the energy of a human being who will then have the capability of walking through walls, body levitation, instantaneous healing of infections, full-body teleportation to another location, remote viewing at vast distances in terms of light-years, and looking into hyper
|
| 358 |
+
|
| 359 |
+
Space co-dimensions. The third test Subject and I have been able to experience all the above phenomena. He did it through augmenting his energy, and I have done it through the application of electromagnetic fields, by Spinning on my Vortex accelerator machine and using this invention.
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+
|
| 361 |
+
## I claim:
|
| 362 |
+
|
| 363 |
+
1.
|
| 364 |
+
|
| 365 |
+
A training method comprising the Steps of
|
| 366 |
+
|
| 367 |
+
generating a banner having a plurality of footprints Spaced at regular intervals wherein the banner is placed on the ground;
|
| 368 |
+
|
| 369 |
+
- generating a periodic audible Signal, whereby the audible Signal repeats at a regular interval of time equal to the period; and
|
| 370 |
+
|
| 371 |
+
walking on the banner by tracing the footprints Spaced at regular intervals, wherein one Step is made with each audible Signal.
|
| 372 |
+
|
| 373 |
+
- 2. The method of claim 1, wherein the Step of generating the banner further comprises:
|
| 374 |
+
|
| 375 |
+
providing a perSon's actual mass in kilograms, and
|
| 376 |
+
|
| 377 |
+
determining the Stride length based upon the following equation:
|
| 378 |
+
|
| 379 |
+
L=(MIW)*T
|
| 380 |
+
|
| 381 |
+
where L is the Stride length in meters, M is a constant of approximately 50.91, W is the mass of the person in kilograms, and T is the period of the audible Signal in Seconds, and
|
| 382 |
+
|
| 383 |
+
- wherein the footprints on the banner are Spaced at the Stride length.
|
| 384 |
+
- 3. The method of claim 2, wherein the audible signal is a beep and the period of the audible signal is one Second.
|
| 385 |
+
- 4. A training method for a person comprising the Steps of: generating an audible signal having a fixed period;
|
| 386 |
+
- generating a banner having regularly Spaced indicia for identifying preferred Step locations, wherein the dis tance between adjacent indicia is determined by the following formula:
|
| 387 |
+
|
| 388 |
+
L=(MIW)*T
|
| 389 |
+
|
| 390 |
+
where the distance between adjacent indicia in meters is L., a constant of 50.9095736 is equal to M, the person's mass in kilograms is W, and the fixed period in Seconds is T, and
|
| 391 |
+
|
| 392 |
+
walking on the marked path by Stepping upon each of the regularly Spaced indicia wherein one Step is made with each period of the audible Signal.
|
| 393 |
+
|
| 394 |
+
- 5. The training method of claim 4 wherein the fixed period is one Second.
|
| 395 |
+
- 6. The training method of claim 5, wherein the regularly Spaced indicia are footprints.
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