The binding agreement between you and Orygn LLC for the use of BitSeal.
Section 17 contains a binding individual-arbitration clause, a waiver of class and representative actions, and a 30-day opportunity to opt out of arbitration. By using BitSeal, you agree to these provisions unless you opt out in accordance with Section 17.
These Terms of Service (the "Terms") govern your access to and use of BitSeal and related websites, applications, APIs, and services (collectively, the "Service"), provided by Orygn LLC, a Texas limited liability company ("Orygn", "we", "us", or "our"). By accessing or using the Service, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference.
If you are accepting these Terms on behalf of a company or other legal entity, you represent that you have authority to bind that entity. If you do not agree to these Terms, do not use the Service.
BitSeal is a cryptographic timestamping and verification service. It accepts a Root Hash computed in your browser, signs the hash together with a server timestamp using the Authority Key, records the resulting Manifest on the Ledger, and returns a Manifest and PDF certificate to you. Third parties can later look up the Root Hash on the Ledger and verify the signature against the Authority Key.
You must be at least thirteen years old to use the Service, and old enough to form a binding contract under the laws of your jurisdiction. If you are between the age of majority and thirteen, you represent that a parent or legal guardian has reviewed and agreed to these Terms on your behalf. The Service is not directed to, and may not be used by, any individual or entity subject to United States sanctions or embargoes.
Subject to your compliance with these Terms, Orygn grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your internal purposes, including personal, professional, or commercial use that does not violate Section 6. This license is not a transfer of any right or interest in the Service.
You agree to use the Service only for lawful purposes. You represent and warrant that you have all rights necessary to process, hash, and submit information for any file you seal. You agree not to, and not to permit any third party to:
You retain all right, title, and interest in the files you seal, Orygn never receives file contents. The Root Hash, filename, file size, MIME type, entropy measurement, SHA3-512 hash, and timestamp you submit (the "Submitted Metadata") are transmitted to Orygn for the purpose of generating a Seal and operating the Ledger.
You grant Orygn a worldwide, royalty-free, non-exclusive license to process, store, display, and distribute the Submitted Metadata and the resulting Seal for the purpose of operating, maintaining, and making the Ledger publicly queryable. This license is strictly limited to that purpose and is perpetual only to the extent necessary to preserve the evidentiary integrity of the Ledger.
Seals are intended to be durable. Orygn does not remove Ledger entries in response to ordinary deletion requests. The narrow circumstances under which Orygn will remove a Seal are described in the Privacy Policy.
The Service, including its software, interfaces, designs, documentation, trademarks, and the Authority public key infrastructure, is and remains the exclusive property of Orygn LLC and its licensors. Except for the limited license granted in Section 5, these Terms do not grant you any rights in Orygn's intellectual property. The BitSeal name and the Orygn name and logos are trademarks of Orygn LLC, you may not use them without prior written permission except for factual reference to the Service.
The Service is currently offered free of charge within published rate limits. Orygn reserves the right to introduce paid tiers or usage-based pricing in the future. If we do, we will provide advance notice on the Service and update these Terms. Continued use of the Service following the effective date of any such change constitutes acceptance of the new pricing.
The Service relies on third-party providers (including Vercel, Cloudflare, and Neon) and may contain links to third-party websites, software, or documentation. We do not control, and are not responsible for, third-party services or content. Your use of any third-party service is governed by that third party's terms and privacy policy.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. ORYGN EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
Without limiting the foregoing, Orygn does not warrant that the Service will be uninterrupted, error-free, secure, timely, or free of harmful components, that any given Ledger entry will remain retrievable from our hosted infrastructure in perpetuity, or that the Service will meet any particular evidentiary or regulatory standard in any jurisdiction.
A Seal is a cryptographic attestation of the existence of a specific sequence of bytes at a specific point in time. It does not constitute a determination of authorship, authenticity, ownership, legality, or accuracy of the sealed content.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL ORYGN OR ITS OFFICERS, MEMBERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF ORYGN ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, UNDER ANY THEORY, WILL NOT EXCEED THE GREATER OF ONE HUNDRED UNITED STATES DOLLARS (US$100) OR THE TOTAL AMOUNT ACTUALLY PAID BY YOU TO ORYGN FOR THE SERVICE IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
Some jurisdictions do not allow the exclusion or limitation of certain damages, in those jurisdictions, our liability is limited to the fullest extent permitted by applicable law.
You agree to defend, indemnify, and hold harmless Orygn LLC and its officers, members, employees, agents, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of or access to the Service, (b) your violation of these Terms, (c) your violation of any third-party right, including any intellectual-property or privacy right, or (d) any content you submit to the Service.
Orygn may modify, suspend, or discontinue all or part of the Service at any time, with or without notice, and for any reason. Orygn will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Service. For changes that materially and adversely affect your use of the Service, we will use commercially reasonable efforts to provide notice in advance.
We may update these Terms from time to time. The effective date at the top of this page will be updated when we do. Material changes will be surfaced on the BitSeal homepage for at least thirty days before they take effect. Your continued use of the Service after the effective date of an update constitutes acceptance of the updated Terms. If you do not agree to an update, you must stop using the Service.
You may stop using the Service at any time. Orygn may suspend, limit, or terminate your access to the Service at any time, with or without notice, if we reasonably believe that you have violated these Terms, that your use of the Service poses a risk to Orygn or to third parties, or that continued provision of the Service to you is inconsistent with applicable law.
Sections that by their nature should survive termination will survive, including Sections 7, 8, 11, 12, 13, 17, and 18.
These Terms are governed by the laws of the State of Texas, without regard to its conflict-of-laws provisions. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Before initiating any formal dispute, you and Orygn agree to attempt to resolve the dispute informally for at least sixty days by sending a written notice of dispute to [email protected]. The notice must describe the nature and basis of the claim and the specific relief sought.
Except as set out in Sections 17.5 and 17.6, you and Orygn agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (or, for disputes involving a business user, its Commercial Arbitration Rules) then in effect. The arbitration will be conducted in English by a single arbitrator. Unless you and Orygn agree otherwise, the arbitration will take place in Harris County, Texas, or, at your election, may be conducted by telephone or video.
YOU AND ORYGN AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. AN ARBITRATOR MAY NOT CONSOLIDATE THE CLAIMS OF MORE THAN ONE PERSON OR ENTITY AND MAY NOT PRESIDE OVER ANY FORM OF REPRESENTATIVE PROCEEDING.
Either party may bring an individual action in small-claims court if the claim qualifies, in lieu of arbitration, consistent with the AAA Consumer Due Process Protocol.
You may opt out of the arbitration agreement and the class-action waiver in Sections 17.3 and 17.4 by sending a signed written notice to [email protected] within thirty days of first accepting these Terms. Your notice must include your full name, the email address you use with the Service, and a clear statement that you are opting out. If you opt out, disputes will be resolved in the courts described in Section 17.7.
Claims not subject to arbitration, including those for which you have opted out, and claims for injunctive or equitable relief regarding the infringement or misuse of intellectual property, will be brought exclusively in the state or federal courts located in Harris County, Texas. Each party consents to personal jurisdiction in those courts and waives any objection to venue.
If any part of this Section 17 is held unenforceable, that part will be severed and the remainder will continue in force. If the class-action waiver in Section 17.4 is held unenforceable as to any claim, that claim must proceed in court under Section 17.7, and the arbitration obligation will remain in effect for all other claims.