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TERMS.md

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Terms of Service & Acceptable Use Policy

Last Updated: [January 16, 2026] Version: 3.1 (Total Shield: Operational, Ethical, Civil & International)

1. Acceptance and Contractual Nature

These Terms of Service ("Terms") constitute a binding legal agreement between you ("the User" or "Deployer") and GabrielJuan349 ("the Author"). By downloading, cloning, installing, or running OccultaShield ("the Software"), you unconditionally agree to these Terms and the associated LICENSE.md.

IF YOU DO NOT AGREE TO THESE TERMS OR THE JURISDICTION OF SPANISH COURTS, DO NOT USE THE SOFTWARE.

2. Intellectual Property & License Scope

  • Ownership: The Software, including its source code, algorithms, and documentation, is the exclusive property of the Author and is protected by Spanish Royal Legislative Decree 1/1996 (Intellectual Property Law) and international copyright treaties (Berne Convention).
  • Non-Commercial Use: Unless a separate commercial license is obtained, you may NOT use the Software for profit, SaaS, or business advantage.
  • No Derivative Patents: You agree not to file for patent protection on any derivative work based on this Software.

3. Operational Responsibilities (The "Human-in-the-Loop")

To ensure safety and compliance, the User assumes the following strict operational duties:

  1. Mandatory Supervision (Art. 14 AI Act): The Software is a probabilistic AI tool. You generally agree NOT to use it in fully autonomous mode. You must use the provided "Review" interfaces to validate every action (blur/unblur).
  2. Verification of Accuracy: You acknowledge that the AI (YOLO/YuNet) may produce False Positives (blurring objects) or False Negatives (failing to blur faces). YOU are responsible for the final published media.
  3. Transparency Logging: You agree to maintain an internal log of decisions (e.g., "Video X processed on [Date], manual review completed by [User]") to demonstrate compliance in case of an audit.

4. Legal Classification under the EU AI Act (Regulation 2024/1689)

To clarify the chain of responsibility and shield the Author from regulatory penalties:

  • The Author acts solely as the developer of an open/source-available component and does not place the system on the market as a finished commercial product.
  • The User acts as the "Deployer" (Implantador).
    • Classification: While the Software is designed to assist in "low-risk" tasks, YOU control the context.
    • High-Risk Warning: If you configure the Software to infer sensitive biometrics (race, politics, religion) or use it for identification, YOU assume all obligations for "High-Risk AI Systems" (Conformity Assessment, FRIA, EU Database Registration).

5. Data Protection & Privacy Laws (Civil Liability)

The Software processes personal data. You agree to strictly comply with:

  • GDPR (EU): You are the Data Controller. The Author is NOT a Data Processor (the software runs On-Premise). You are responsible for lawful basis (Consent/Legitimate Interest).
  • National Laws (Compliance Clause): You bear the burden of local compliance, including but not limited to:
    • Spain: LOPD-GDD 3/2018 and LSSI-CE 34/2002 (if deployed on the web).
    • Germany: KunstUrhG (Right to one's own image).
    • France: Article 9 Civil Code (Droit à l'image).
    • USA: CCPA/CPRA and state biometric laws (e.g., BIPA).

6. Ethical Use & Prohibitions

The following activities are strictly prohibited and constitute a material breach of these Terms:

  • Reverse Engineering: Attempting to use the AI models to "un-blur" faces or recover anonymized identities.
  • Illicit Surveillance: Using the Software to process footage obtained illegally or to spy on individuals without their knowledge (where required by law).
  • Deepfakes: Using the edition modules to create deceptive synthetic media.
  • Consent Evasion: Using the Software to bypass legal requirements for consent acquisition.

7. Limitation of Liability (Civil Shield)

READ CAREFULLY. THIS SECTION LIMITS YOUR RIGHTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW (INCLUDING SPANISH LAW):

  1. "As Is" Warranty: The Software is provided without any warranty of accuracy, merchantability, or fitness for a particular purpose.
  2. Exclusion of Damages: The Author shall NOT be liable for direct, indirect, incidental, or consequential damages (including loss of profits, data, or reputation).
  3. Regulatory Fines: The Author is explicitly EXONERATED from any liability regarding administrative fines, sanctions, or penalties (e.g., from the AEPD) incurred by the User due to misuse or AI errors.
  4. Savings Clause: In accordance with Article 1102 of the Spanish Civil Code, this limitation does not exclude liability for damages caused by the Author's willful misconduct (dolo). Liability for death or personal injury is not excluded where prohibited by law.

8. Indemnification

You agree to defend, indemnify, and hold harmless the Author from any claims, demands, lawsuits, or damages (including legal fees) arising from:

  • Your breach of these Terms.
  • Your violation of any law (GDPR, AI Act, Copyright).
  • Any claim that your use of the Software caused damage to a third party.

9. Reporting Issues and Violations

We encourage responsible reporting to maintain the integrity of the project:

  • Security & Ethics: If you discover a security vulnerability, a bias in the AI, or a potential ethical flaw, please report it immediately to GabrielJuan349 via GitHub Issues or private channels.
  • Misuse: If you become aware of third parties using this Software for illegal surveillance, please notify the Author.

10. Export Control & Sanctions

You represent that you are not located in a country subject to EU, UN, or US government embargo. You agree not to use or export the Software for military intelligence or human rights violations.

11. Governing Law & Dispute Resolution

  • Jurisdiction: These Terms are governed by the laws of Spain.
  • Venue: All disputes shall be submitted to the exclusive jurisdiction of the courts of Barcelona, Spain. You expressly waive any other jurisdiction (renuncia al fuero propio).
  • Class Action Waiver: You agree to resolve disputes only on an individual basis and waive any right to participate in a class action lawsuit.

12. Updates to Terms

The Author reserves the right to modify these Terms at any time to reflect changes in legislation (e.g., new AI Act delegated acts) or software functionality. Continued use constitutes acceptance of the new Terms.

By executing the Software, you acknowledge that you have read strictly these Terms and accept the transfer of operational, civil, and legal responsibility described herein.