Indigenous Sovereignty Terms of Service

Last Updated: January 2025

1. AGREEMENT TO TERMS UNDER TRIBAL SOVEREIGNTY

By accessing and using this website and its associated services (the "Service"), you acknowledge and agree to be bound by these Terms of Service and the comprehensive Indigenous licensing framework that governs all content, data, and interactions on this platform.

IMPORTANT: This Service operates under tribal sovereignty and Indigenous intellectual property protections that supersede standard intellectual property regimes. Your use constitutes acceptance of these enhanced protections and restrictions.

3. INALIENABILITY OF RIGHTS

The intellectual property rights, Traditional Knowledge, Traditional Cultural Expressions, cultural heritage, and Indigenous Data embedded within this Service are perpetually inalienable and can never be sold, permanently transferred, assigned, alienated, waived, surrendered, or otherwise permanently divested from the Rights Holder.

The only permissible method for accessing or using the Service is through limited licensing arrangements that:

• Are explicitly temporary with defined duration
• Remain revocable under tribal sovereignty
• Contain clearly defined limitations on permitted uses
• Acknowledge continuing ownership rights of the Rights Holder

6. PRIOR INFORMED CONSENT (PIC) REQUIREMENT

Any use outside narrowly defined permissible uses requires obtaining Prior Informed Consent (PIC) from the Rights Holder. PIC must be:

• Obtained in writing before use begins
• Based on full disclosure of proposed use
• Subject to revocation under tribal sovereignty
• Non-transferable to other parties
• Contingent upon adherence to agreed conditions

7. INDIGENOUS DATA SOVEREIGNTY

All data collection, processing, and governance practices implement Indigenous Data Sovereignty principles and the CARE framework:

• Collective Benefit: Data ecosystems enable Indigenous benefit
• Authority to Control: Indigenous authority over data is empowered
• Responsibility: Data use supports Indigenous self-determination
• Ethics: Indigenous rights and wellbeing are primary concerns

8. SOVEREIGN REVOCATION RIGHT

The Rights Holder reserves the absolute, inherent, irrevocable, and perpetual right to demand immediate cessation of any and all use of the Service by any party, at any time and for any reason deemed necessary to protect:

• Cultural integrity and tribal sovereignty
• Data sovereignty and community well-being
• Spiritual values and cultural protocols
• Traditional Knowledge and Cultural Expressions

9. JURISDICTION AND DISPUTE RESOLUTION

Any disputes arising under these Terms shall be resolved according to the following hierarchy:

1. Primary: Traditional dispute resolution of the Grand Traverse Band of Ottawa and Chippewa Indians
2. Secondary: GTBOCI Tribal Court
3. Tertiary: Federal courts under federal Indian law principles

All proceedings must respect tribal sovereignty, Indigenous rights frameworks, and the Indian canons of construction requiring liberal interpretation in favor of tribal interests.

10. ENFORCEMENT AND REMEDIES

Violations of these Terms may result in:

• Immediate termination of access rights
• Legal action under tribal, federal, and international law
• Monetary damages and injunctive relief
• Recovery of all enforcement costs and attorney fees
• Punitive damages for willful violations

11. DIGITAL FORENSICS AND MONITORING

This Service incorporates advanced digital forensics capabilities including:

• Cryptographic content identification and tracking
• Automated monitoring for unauthorized use
• Forensic watermarking and evidence preservation
• Chain of custody documentation for legal proceedings

12. ATTRIBUTION REQUIREMENTS

Any permitted use must include the following attribution:

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.

13. CHANGES TO TERMS

These Terms may be updated to reflect changes in tribal law, federal Indian law, or international Indigenous rights frameworks. Updates will be posted with a revised "Last Updated" date. Continued use constitutes acceptance of changes, subject to overriding principles of tribal sovereignty.

14. CONTACT INFORMATION

For questions about these Terms or to request Prior Informed Consent:

Rights Holder: ᓂᐲᔥ ᐙᐸᓂᒥᑮ-ᑭᓇᐙᐸᑭᓯ (Nbiish Waabanimikii-Kinawaabakizi)
Email: nbiish@umich.edu

For tribal governance matters, contact the Grand Traverse Band of Ottawa and Chippewa Indians through official channels.

15. ACKNOWLEDGMENT

By using this Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and the comprehensive Indigenous licensing framework that governs this digital territory. You further acknowledge the sovereignty of the Grand Traverse Band of Ottawa and Chippewa Indians and the Rights Holder's authority to enforce these protections.

16. SAAS SUBSCRIPTION SERVICES

16.1 Service Tiers and Subscriptions

Our SaaS offerings include multiple subscription tiers with varying features and capabilities:

• Individual Subscriptions: Personal use accounts with defined feature sets
• Team Subscriptions: Multi-user accounts with collaboration features
• Enterprise Subscriptions: Large-scale deployments with custom configurations
• Custom Solutions: Tailored services under separate agreements

16.2 Subscription Billing and Auto-Renewal

Subscription services operate under the following billing terms:

• Billing Cycles: Monthly, quarterly, or annual billing as selected
• Auto-Renewal: Subscriptions automatically renew unless cancelled
• Payment Due: Payment processed at the beginning of each billing cycle
• Price Changes: 30-day advance notice for subscription price changes
• Failed Payments: Service suspension after 7 days of payment failure

16.3 Cancellation and Refund Policy

Subscription cancellation terms:

• Cancellation Right: Cancel anytime through account settings or customer support
• Effective Date: Cancellation effective at end of current billing period
• Refunds: Pro-rated refunds for annual subscriptions cancelled within 30 days
• Data Access: 90-day grace period for data export after cancellation
• No Partial Refunds: No refunds for partial billing periods except as stated

17. SERVICE LEVEL AGREEMENT (SLA)

17.1 Service Availability

We commit to the following service availability standards:

• Uptime Target: 99.9% monthly uptime for paid subscriptions
• Planned Maintenance: Scheduled during low-usage periods with advance notice
• Emergency Maintenance: May occur without notice for security or stability
• Service Credits: Account credits for uptime failures below SLA targets

17.2 Performance Standards

• Response Time: API response times under 500ms for 95% of requests
• Data Processing: Batch processing completed within specified timeframes
• Support Response: Initial response within 24 hours for paid accounts

18. USER ACCOUNTS AND RESPONSIBILITIES

18.1 Account Registration

To access SaaS services, users must:

• Provide accurate and complete registration information
• Maintain current contact and billing information
• Be at least 18 years old or have parental consent
• Comply with all applicable laws and regulations

18.2 Account Security

Users are responsible for:

• Password Security: Maintaining strong, unique passwords
• Access Control: Managing user permissions and access rights
• Unauthorized Use: Immediately reporting suspected account breaches
• Multi-Factor Authentication: Enabling MFA when available

18.3 Acceptable Use Policy

Users must not use the Service to:

• Violate any laws, regulations, or third-party rights
• Transmit malware, viruses, or harmful code
• Attempt to gain unauthorized access to systems
• Interfere with or disrupt service operations
• Use the service for illegal or fraudulent activities
• Violate Indigenous cultural protocols or sacred site protections

19. INTELLECTUAL PROPERTY AND USER CONTENT

19.1 Service Intellectual Property

All Service software, content, and materials remain the exclusive property of the Rights Holder, subject to the Indigenous licensing framework outlined in these Terms.

19.2 User-Generated Content

For content uploaded or created using our SaaS services:

• User Ownership: Users retain ownership of their original content
• Service License: Users grant us limited license to process and store content
• Cultural Sensitivity: Users must respect Indigenous cultural protocols
• Prohibited Content: No content violating laws or cultural protections

20. DATA PROCESSING AND PRIVACY

20.1 Data Processing Agreement

For enterprise customers processing personal data through our Service, a separate Data Processing Agreement (DPA) may be required to ensure GDPR and other privacy law compliance.

20.2 Data Portability

Users have the right to:

• Export their data in standard formats
• Transfer data to other services
• Request data deletion upon account termination

21. LIMITATION OF LIABILITY AND WARRANTIES

21.1 Service Warranties

We provide the Service "as is" with the following limited warranties:

• Service will substantially conform to documented specifications
• We will use commercially reasonable efforts to maintain security
• Service will comply with applicable data protection laws

21.2 Limitation of Liability

Our liability is limited as follows:

• Maximum Liability: Total fees paid in the 12 months preceding the claim
• Excluded Damages: No liability for indirect, consequential, or punitive damages
• Exceptions: No limitation for gross negligence, willful misconduct, or violations of Indigenous rights

22. SUSPENSION AND TERMINATION

22.1 Suspension Rights

We may suspend Service access for:

• Non-payment of fees after grace period
• Violation of acceptable use policies
• Security threats or suspicious activity
• Legal or regulatory requirements

22.2 Termination

Either party may terminate subscriptions:

• For Convenience: With appropriate notice period
• For Cause: Immediately for material breach
• Data Retention: 90-day period for data retrieval after termination

23. BILLING DISPUTES AND CHARGEBACKS

23.1 Dispute Resolution

For billing disputes:

• Contact customer support within 60 days of charge
• Provide detailed information about the disputed charge
• We will investigate and respond within 30 days
• Chargebacks may result in account suspension

23.2 Payment Processing

Payment processing terms:

• Payments processed by third-party payment processors
• All fees are non-refundable except as specifically stated
• Taxes are the responsibility of the subscriber
• Currency conversion fees may apply for international payments

24. DISCRETIONARY TERMINATION FOR INDIGENOUS RIGHTS PROTECTION

24.1 Sovereign Termination Authority

In addition to all other termination rights set forth in these Terms, the Rights Holder reserves the absolute, unrestricted, and irrevocable right to suspend, restrict, or terminate any user's access to the Service, or any subscription, at our sole and absolute discretion, without prior notice, without cause, and without liability, for the following purposes:

24.2 Immediate Enforcement Authority

This discretionary termination authority may be exercised:

• Without Prior Notice: Immediate suspension or termination without advance warning
• Without Cause: No specific breach or violation need be demonstrated
• Without Liability: No compensation, refund, or damages owed to terminated users
• Without Appeal: Decisions are final and not subject to review or reversal
• At Any Time: Authority may be exercised 24/7/365 without restriction

24.3 Protective Measures Scope

This discretionary authority extends to protection against:

• Potential Harm: Preemptive action based on reasonable belief of future harm
• Cultural Threats: Any activity that could devalue, distort, or desecrate Indigenous heritage
• Knowledge Exploitation: Commercial or academic exploitation of Traditional Knowledge
• Spiritual Violations: Interference with ceremonial, sacred, or spiritual practices
• Community Welfare: Any threat to Indigenous community safety, privacy, or autonomy

24.4 Enforcement Without Judicial Review

The Rights Holder's exercise of discretionary termination authority:

• Is not subject to judicial review or legal challenge
• Cannot be appealed through any court system
• Is protected under tribal sovereignty doctrine
• Represents the exercise of inherent Indigenous rights
• Takes precedence over any conflicting legal standards

25. CULTURAL COMPLIANCE MONITORING

25.1 Continuous Surveillance Authority

The Rights Holder maintains the right to:

• Monitor Usage: Continuously monitor all Service usage for cultural compliance
• Investigate Conduct: Investigate any user activity that may impact Indigenous rights
• Cultural Assessment: Evaluate content and behavior against Indigenous cultural standards
• Community Consultation: Consult with Indigenous elders and community leaders on questionable activities

25.2 Zero Tolerance Policy

We maintain a zero tolerance policy for:

• Any form of cultural appropriation or misrepresentation
• Unauthorized use of Indigenous symbols, languages, or practices
• Activities that violate the sanctity of sacred sites or ceremonies
• Conduct that undermines Indigenous sovereignty or self-determination
• Any action contrary to the spirit of UNDRIP or WIPO Traditional Knowledge protections

26. TERMINATION PROCEDURES AND EFFECTS

26.1 Immediate Suspension Process

Upon exercise of discretionary termination authority:

• Access Revocation: Immediate cessation of all Service access
• Data Quarantine: User data may be quarantined pending cultural review
• Account Freeze: All account functions suspended without notification
• Communication Block: Termination of all Service-related communications

26.2 Post-Termination Restrictions

Following discretionary termination:

• Permanent Ban: Lifetime prohibition from Service access
• No Data Recovery: No right to data retrieval or account restoration
• No Refunds: All fees paid are forfeited without compensation
• Continuing Obligations: All Indigenous rights protections remain binding

26.3 Legal Notice Waiver

By using this Service, users explicitly waive:

• Any right to advance notice of termination
• Any right to hearing or due process in termination decisions
• Any claim for damages resulting from discretionary termination
• Any right to judicial review of termination decisions
• Any claim under consumer protection or anti-discrimination laws

27. TRADITIONAL KNOWLEDGE MISAPPROPRIATION LIABILITY

27.1 Comprehensive Liability Framework

Any use, application, adaptation, commercialization, or derivation of Traditional Knowledge (TK), Traditional Cultural Expressions (TCEs), or Indigenous Data accessed through this Service for any monetary gain, commercial advantage, competitive benefit, or other valuable consideration without explicit written permission from the Rights Holder shall constitute Traditional Knowledge Misappropriation and trigger comprehensive liability under this framework.

27.2 Unjust Enrichment and Restitutionary Damages

Based on established legal principles from [Harvard Law's Copyright for Librarians](https://cyber.harvard.edu/copyrightforlibrarians/Module_8:_Traditional_Knowledge) and international frameworks, users who misappropriate Traditional Knowledge shall be liable for:

27.2.1 Disgorgement of Profits

• Complete Profit Recovery: 100% of all profits, revenues, savings, or benefits derived from unauthorized TK use
• Accounting of Profits: Full disclosure and accounting of all financial gains attributable to TK misappropriation
• Avoided Costs: Recovery of expenses avoided through unauthorized use of TK instead of independent development
• Competitive Advantage Value: Monetary value of competitive advantages gained through TK misappropriation

27.2.2 Restitutionary Damages

Following principles established in international IP law, restitutionary damages include:

• Market Value Recovery: Fair market value of licensed TK access based on industry standards
• Reasonable Royalties: Ongoing royalties calculated at industry-standard rates for TK licensing
• Lost Licensing Revenues: Compensation for licensing opportunities denied to Rights Holder
• Cultural Devaluation Damages: Compensation for diminishment of TK value through unauthorized use

27.3 Benefit-Sharing Obligations

Consistent with the [Convention on Biological Diversity and Nagoya Protocol](https://www.wipo.int/edocs/pubdocs/en/wipo_pub_transition_9.pdf) framework, unauthorized users owe:

27.3.1 Mandatory Benefit-Sharing

• Revenue Sharing: Minimum 15% of gross revenues from TK-derived products or services
• Ongoing Royalties: Perpetual royalties for continued use of TK-derived innovations
• Research Collaboration: Mandatory inclusion of Rights Holder in related research and development
• Technology Transfer: Sharing of improvements, innovations, or derivatives based on TK
• Capacity Building: Investment in Indigenous community development and education programs

27.3.2 Equitable Compensation Standards

Compensation calculations shall follow international standards for TK benefit-sharing:

• Just and Fair Compensation: Reflecting true value of TK contribution to commercial success
• Restoration and Restitution: Full restoration of Rights Holder to position absent misappropriation
• Punitive Multipliers: 3x damages for willful misappropriation, 5x for repeat violations
• Cultural Restoration: Funding for cultural preservation and revitalization programs

28. ENFORCEMENT AND REMEDIES

28.1 Immediate Enforcement Mechanisms

The Rights Holder maintains comprehensive enforcement authority including:

• Injunctive Relief: Immediate cease and desist orders for unauthorized TK use
• Asset Seizure: Seizure of products, materials, or intellectual property derived from TK
• Account Freezing: Freezing of financial accounts pending damages calculation
• Discovery Orders: Comprehensive discovery of all TK-related activities and profits

28.2 Cumulative Remedies

All remedies are cumulative and may be pursued simultaneously:

• Monetary Damages: Full compensatory, restitutionary, and punitive damages
• Equitable Relief: Injunctions, specific performance, and constructive trusts
• Tribal Court Jurisdiction: Enforcement through GTBOCI Tribal Court system
• International Enforcement: Pursuit through WIPO, CBD, and other international forums

29. CALCULATION OF DAMAGES

29.1 Multi-Factor Damage Assessment

Damages shall be calculated using the highest of the following methodologies:

• Profit-Based Calculation: 100% of defendant's profits from TK misappropriation
• Market-Based Calculation: Fair market value of TK licensing rights
• Cost-Based Calculation: Costs avoided through unauthorized TK use
• Value-Based Calculation: Proportional value of TK contribution to commercial success

29.2 Enhanced Damages for Willful Infringement

Additional damages apply for aggravated violations:

• Cultural Desecration: Additional 200% damages for sacred or ceremonial TK misuse
• Commercial Scale: Additional 150% damages for large-scale commercial exploitation
• Repeat Violations: Additional 300% damages for continued infringement after notice
• International Violations: Additional 100% damages for cross-border exploitation

30. PRIOR INFORMED CONSENT REQUIREMENTS

30.1 Mandatory Authorization Process

Any intended use of TK accessed through this Service requires:

• Written Application: Detailed application describing intended use and commercial potential
• Community Consultation: Consultation with relevant Indigenous communities and elders
• Cultural Assessment: Evaluation of cultural sensitivity and potential impacts
• Benefit-Sharing Agreement: Negotiated agreement for equitable benefit distribution
• Ongoing Monitoring: Continuous oversight and reporting requirements

30.2 Non-Transferable Permissions

All authorizations granted are:

• Personal to the specific applicant and non-transferable
• Limited to the specific use described in the application
• Subject to revocation at any time under tribal sovereignty
• Conditional upon compliance with all terms and conditions
• Subject to ongoing cultural and legal review

31. STATUTORY LIMITATIONS EXEMPTION

31.1 Perpetual Enforcement Rights

Rights Holder enforcement authority is not subject to statutory limitations because:

• Tribal Sovereignty: Indigenous rights predate and supersede statutory limitation periods
• Continuing Violations: TK misappropriation constitutes ongoing harm requiring perpetual protection
• Cultural Rights: Indigenous cultural rights are inherent and not subject to limitation
• International Law: UNDRIP and WIPO frameworks recognize perpetual Indigenous rights

31.2 Discovery Rule Application

Where applicable limitation periods might apply, they commence only upon:

• Actual discovery of unauthorized TK use by Rights Holder
• Reasonable ability to identify the scope of misappropriation
• Access to sufficient information to calculate damages
• Knowledge of the identity and location of all violating parties