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1. Legal Identity

Digital Witness is a technical project operated by Fundación Herencia Cultural Guatemalteca (“FundacionHCG”). Digital Witness is not a separate legal entity.

All services are provided by FundacionHCG through its Digital Witness initiative.

2. Nature of the Website

The website digitalwitness.io provides informational material and service descriptions only.

Nothing on this website constitutes:

• A binding offer

• Legal advice

• A certification

• An institutional audit

All paid services require prior assessment and written agreement.

3. Scope of Services

Digital Witness provides technical data immutability anchoring and electoral document analysis services including:

• Timestamp anchoring upon receipt

• OCR and collaborative digitization

• Comparative analysis against official publications

• Concordance indexes

• Discrepancy visualization

• JSON, PDF, and structured outputs

• White-label technical reporting

Services are informational and analytical in nature.

4. Express Limitations

Digital Witness:

• Does not collect electoral documents independently

• Does not produce official election results

• Does not perform statutory audits

• Does not validate institutional databases

• Does not act as an electoral authority

• Does not provide legal advice

• Does not certify legality of outcomes

Outputs are analytical artifacts only.

5. Informational Purpose Disclaimer

All reports are provided strictly for informational and technical purposes.

They:

• Are not binding determinations

• Are not governmental validations

• Do not replace institutional audits

• Should not be construed as legal conclusions

Any reliance on outputs is solely at the client’s risk.

6. White-Label Provision

Services are delivered under a White Label model.

The client may present outputs as their own.

The client assumes full responsibility for:

• Public dissemination

• Litigation use

• Media communication

• Political usage

• Institutional claims

Digital Witness and FundacionHCG shall not be publicly identified without written authorization.

Unauthorized disclosure terminates the agreement immediately without refund.

7. Client Responsibilities

The client must:

• Provide official electoral images

• Ensure image quality (≥3.5MP, 96dpi, RGB)

• Grant database access when required

• Assign a single project leader

• Coordinate with third-party providers

• Ensure lawful possession and use of documents

Failure to comply may result in termination without liability.

8. Payment Terms

All amounts are denominated in USD.

Only accepted payment method: On-chain Bitcoin (BTC).

Conversion must follow Bitbo.io SATS PER USD.

Payment is final upon blockchain confirmation.

Bitcoin transactions are irreversible.

No refunds except as expressly stated.

9. Force Majeure

Obligations may be suspended due to:

• Illness or death of key personnel

• Political unrest

• Infrastructure failure

• Regulatory prohibition

• War

• Cyberattacks

• Government intervention

Proportional refunds apply only to unperformed portions.

No additional liability shall arise.

10. Limitation of Liability

To the maximum extent permitted by law:

Digital Witness and FundacionHCG shall not be liable for:

• Indirect damages

• Consequential damages

• Electoral disputes

• Political repercussions

• Financial losses

• Regulatory penalties

• Reputational harm

• Third-party claims

Total aggregate liability shall not exceed the total amount paid for the specific service rendered.

11. Indemnification

The client agrees to indemnify, defend, and hold harmless Digital Witness and FundacionHCG from any and all claims, damages, liabilities, regulatory actions, penalties, legal fees, and third-party demands arising from:

• Use or misuse of delivered outputs

• Public dissemination

• Litigation strategies

• Political application

• Misrepresentation of reports

• Violation of local electoral laws

This indemnification obligation survives termination.

12. Non-Disparagement

The client agrees not to make public statements that:

• Damage the reputation of Digital Witness or FundacionHCG

• Imply political affiliation

• Suggest institutional endorsement

Violation may result in legal remedies.

13. Sanctions and Export Compliance

The client represents that:

• It is not subject to international sanctions

• It is not listed on restricted party lists

• It is not operating in violation of applicable export laws

Digital Witness reserves the right to refuse service based on sanctions risk.

14. No Political Affiliation

Digital Witness operates as a technical analytical project.

Provision of services does not constitute political alignment or endorsement.

15. Intellectual Property

All methodologies, software workflows, analytical structures, and technical frameworks remain the exclusive intellectual property of FundacionHCG.

White-label delivery does not transfer ownership of underlying systems.

16. Confidentiality

All engagements are confidential.

Public disclosure of the working relationship without authorization results in immediate termination without refund.

17. Arbitration and Dispute Resolution

Any dispute shall be resolved through binding arbitration prior to litigation.

Class action participation is waived.

Each party bears its own legal costs unless otherwise determined by the arbitrator.

18. Severability

If any provision is found unenforceable, remaining provisions remain valid.

19. Survival

Clauses relating to:

• Liability

• Indemnification

• Confidentiality

• Intellectual property

• Arbitration

Survive termination indefinitely.

20. Modification

Digital Witness may modify these Terms at any time.

Continued use of the website constitutes acceptance.

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