Terms of Service

1.Agreement to Terms

By downloading, installing, or using the Witness camera application ("App"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the App.

These Terms constitute a legally binding agreement between you and Nicolas Goldberg and Marshall Vyletel Jr., the individual developers operating the Witness application ("we," "us," or "our"). Witness is not a corporation, LLC, or other formal legal entity.

By using the App, you represent that you are at least 13 years of age. If you are under 13, you may not use the App. If you are between 13 and 18, you represent that your parent or legal guardian has reviewed and agrees to these Terms on your behalf.

2.Description of Service

Witness is a mobile camera application that allows users to:

• Capture photos and videos with cryptographic verification
• Record timestamp and location data at the moment of capture
• Generate a cryptographic hash that proves the media has not been edited
• Share verified media with others who can confirm its authenticity
• Anchor cryptographic hashes to the Bitcoin blockchain via OpenTimestamps for independent timestamp verification
• Optionally turn on Public Mode to publish selected verified media to the public Witness live map and feed, where anyone can view it and newsrooms may embed it
• Optionally create or join organizations to group content

The App is provided free of charge.

Witness also operates the Witness Verified Creators certification program, described in Section 8.

3.User Accounts

Using the App requires a Witness account, which you create with Sign in with Apple. We do not request your name, email, or a password; Apple provides only a unique account identifier that we use to maintain your account. You are responsible for maintaining the security of the Apple ID associated with your account. You may permanently delete your account at any time from within the App (Profile → Delete account), which removes your account and its associated server-side data, revokes any connected X authorization, and unlists content you published to the public map. You may also optionally connect a third-party account (such as X/Twitter) for sharing purposes, which is governed by that platform's terms of service.

4.Acceptable Use

You agree to use the App only for lawful purposes and in accordance with these Terms. You agree NOT to:

• Use the App to create, store, or share illegal content
• Attempt to circumvent, disable, or interfere with the App's security features
• Reverse engineer, decompile, or disassemble any part of the App
• Use the App to harass, abuse, or harm others
• Misrepresent the verification status of any media
• Publish content through Public Mode that you do not have the right to share, or that is unlawful, infringing, or harmful
• Use the App in any manner that could damage, disable, or impair the App
• Interfere with or disrupt the App or servers connected to the App

5.Your Content

You retain ownership of all photos and videos you capture using the App ("Your Content"). By using the App, you grant us a limited license to process Your Content solely to provide the verification services, including transmitting content through our backend services when you choose to share to third-party platforms. When you turn on Public Mode for a piece of Your Content, you additionally grant us a non-exclusive, worldwide, royalty-free license to host, store, display, and distribute that content and its verification metadata on the public Witness map and feed, and to allow third parties (such as newsrooms) to embed it, until you remove it. Removing content from Public Mode ends this license going forward, but does not reach copies others made while it was public or the hash anchored to the Bitcoin blockchain.

You are solely responsible for Your Content and the consequences of sharing or publishing it. You represent that you have the right to capture, share, and publish any content you create with the App.

6.Blockchain Submission and Irrevocability

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT SUBMITTING CRYPTOGRAPHIC HASHES TO THE BITCOIN BLOCKCHAIN IS PERMANENT AND IRREVOCABLE. ONCE SUBMITTED, NEITHER YOU NOR WE CAN DELETE, MODIFY, OR RETRACT THESE RECORDS. YOU ASSUME ALL RISK ASSOCIATED WITH THIS PERMANENT SUBMISSION.

When you capture a verified photo or video, the App automatically submits a SHA-256 hash (a mathematical fingerprint of your media, not the media itself) to public OpenTimestamps servers, which anchor it to the Bitcoin blockchain. This occurs as part of the normal verification process and cannot be undone.

7.Verification and Accuracy

The App provides cryptographic verification that media has not been altered after capture. However:

• Verification confirms the media is unedited, not that the subject matter is truthful or accurate
• Location data depends on your device's GPS accuracy and settings
• Timestamp accuracy depends on your device's clock settings
• We do not guarantee that verification will be accepted as legal evidence in any jurisdiction

You should not rely solely on Witness verification for legal, financial, or other critical purposes without consulting appropriate professionals.

8.Creator Certification Program

Witness offers an optional certification program for creators ("Witness Verified Creators"). The following terms apply if you apply for or hold certification.

Application and interview. Certification is earned through a live 1:1 video interview with the Witness team. You agree to provide truthful, accurate information in your application and to appear personally in the interview, live, without filters, avatars, face-swapping, or any technology that alters or replaces your appearance or voice. Applying on behalf of another person, or presenting an account you do not operate, is grounds for denial or revocation.

What certification attests. Certification attests that a real human, matching the public content of the certified account, was verified in a live interview on the certification date shown on your public verification page. Certification is not an endorsement of you, your content, or any product you promote, and it does not attest that any individual post is unedited or non-synthetic. We make no guarantee that certification will produce any particular business, audience, or revenue outcome.

Badge license. Upon certification, we grant you a limited, non-exclusive, non-transferable, revocable license to display the Witness Certified badge on the account(s) named in your certification. You may not alter the badge, display it on accounts that were not certified, sell or transfer it, or use it in any way that misrepresents what certification attests.

Public listing. By completing certification, you consent to a public verification page and optional directory listing as described in our Privacy Policy. You may request removal or decertification at any time.

Revocation. We may revoke certification at our discretion, including if: the certified account materially changes ownership or operation; you misrepresented information during the application or interview; the badge is used in a false or misleading manner; or you breach these Terms. Upon revocation, your public verification page will be updated to reflect revoked status and your badge license ends immediately.

Fees. Certification is currently offered without charge to a founding cohort. We may introduce or change fees prospectively, with notice, for future certifications or renewals.

9.Intellectual Property

The App and its original content, features, and functionality are owned by the developers and are protected by applicable copyright and intellectual property laws.

The Witness name and logo are unregistered marks of the developers. You may not use these marks in a way that suggests endorsement by or affiliation with Witness without our prior written permission.

Any feedback, suggestions, or ideas you provide regarding the App are entirely voluntary, and we are free to use such feedback without any obligation to you.

10.Privacy

Your use of the App is also governed by our Privacy Policy, which describes how we handle your information. By using the App, you agree to the collection and use of information as described in the Privacy Policy.

11.Third-Party Services and Force Majeure

The App may contain links to or integrate with third-party services (such as social media platforms for sharing). We are not responsible for the content, privacy policies, or practices of any third-party services.

The App depends on third-party infrastructure including OpenTimestamps calendar servers, the Bitcoin blockchain, Apple services (App Attest, CLGeocoder), and the X/Twitter API. We are not liable for any failure, interruption, or change in these services, including but not limited to: server outages, blockchain forks, API deprecations, or discontinuation of third-party services. No such event shall constitute a breach of these Terms.

12.Disclaimer of Warranties

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE, AND NON-INFRINGEMENT.

We do not warrant that:

• The App will function without interruption or error
• Verification proofs will be accepted as legally valid evidence in any jurisdiction
• Cryptographic or blockchain-based timestamps will be recognized by any court, agency, or third party
• The App will be available at any particular time or location
• Any defects or errors will be corrected

You use the App entirely at your own risk. Witness is a tool for generating cryptographic proof of media authenticity. It is not a legal service, and nothing in the App or these Terms constitutes legal advice.

13.Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NICOLAS GOLDBERG, MARSHALL VYLETEL JR., OR ANYONE ASSOCIATED WITH THE WITNESS APPLICATION BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES - INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF PROFITS, LOSS OF GOODWILL, PERSONAL INJURY, PROPERTY DAMAGE, OR ANY OTHER LOSS ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE APP - EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Our total liability to you for any claims arising from your use of the App shall not exceed the amount you paid for the App (which is zero, as the App is free). Some jurisdictions do not allow limitation of liability for certain types of damages; in those jurisdictions, our liability is limited to the maximum extent permitted by law.

You acknowledge that: (a) verification proofs may not be accepted by courts or other authorities; (b) content submitted to the Bitcoin blockchain is irrevocable; (c) location data embedded in shared or published media may be visible to recipients or the public; and (d) you assume all risk associated with sharing or publishing verified media. You waive any claims against Nicolas Goldberg and Marshall Vyletel Jr. in their individual capacities to the maximum extent permitted by law.

14.Indemnification

You agree to defend, indemnify, and hold harmless Nicolas Goldberg and Marshall Vyletel Jr., individually and as the developers of Witness, from and against any claims, liabilities, damages, losses, and expenses - including reasonable legal fees - arising out of or in any way connected with:

• Your use of the App
• Your violation of these Terms or the Privacy Policy
• Any content you capture, verify, share, or publish using the App
• Your violation of any rights of another person or entity

15.Changes to Terms

We may modify these Terms at any time. We will notify you of material changes by posting the updated Terms in the App or on our website with a new "Last updated" date.

Your continued use of the App after changes become effective constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the App.

16.Termination

We may terminate or suspend your access to the App immediately, without prior notice, for any reason, including if you breach these Terms.

Upon termination, your right to use the App will cease immediately. Provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnification, and limitations of liability.

17.Governing Law and Venue

These Terms shall be governed by and construed in accordance with the laws of the United States and the State of California, without regard to its conflict of law provisions. For any claims that proceed in court rather than arbitration, you consent to the exclusive jurisdiction of the state and federal courts located in Orange County, California.

18.Dispute Resolution

Any disputes arising from these Terms or your use of the App shall first be attempted to be resolved through good-faith negotiation. If negotiation fails, disputes shall be resolved through binding arbitration in accordance with the Consumer Arbitration Rules of the American Arbitration Association ("AAA"). Arbitration shall take place in Orange County, California. For claims under $10,000, arbitration shall be conducted solely on the basis of documents submitted to the arbitrator. We will pay all AAA filing and arbitration fees for claims under $10,000; for claims above that amount, fees shall be allocated according to AAA Consumer Arbitration Rules.

CLASS ACTION WAIVER: YOU AND THE DEVELOPERS AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. If for any reason a claim proceeds in court rather than in arbitration, both parties waive the right to a jury trial. If this class action waiver is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

Notwithstanding the above, either party may bring an individual action in small claims court for disputes within that court's jurisdiction.

Opt-out: You may opt out of the arbitration and class action waiver provisions of this Section by sending written notice to team@witnesshq.com within 30 days of first downloading the App. If you opt out, all other provisions of these Terms will continue to apply.

19.Export Compliance

The App uses cryptographic functions and may be subject to United States export control laws and regulations. You represent and warrant that: (a) you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties. You agree to comply with all applicable export laws and regulations in your use of the App.

20.Apple App Store Terms

If you downloaded the App from the Apple App Store, the following additional terms apply:

• These Terms are between you and the developers (Nicolas Goldberg and Marshall Vyletel Jr.), not with Apple Inc. ("Apple"). Apple is not responsible for the App or its content.
• Apple has no obligation to furnish any maintenance or support services with respect to the App.
• In the event of any failure of the App to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price (if any) for the App. To the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the App.
• Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including but not limited to: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar legislation.
• In the event of any third-party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, Apple is not responsible for the investigation, defense, settlement, or discharge of any such claim.
• Apple and its subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
• You must comply with applicable third-party terms of agreement when using the App, including the Apple Media Services Terms and Conditions.

21.No Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by the developers.

22.Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

23.Entire Agreement

These Terms, together with our Privacy Policy and any applicable Apple App Store terms, constitute the entire agreement between you and the developers regarding the App and supersede all prior agreements and understandings.

24.Contact Us

If you have any questions about these Terms, please contact us at: