Terms of Service

Open Civic Systems — Legal Document

Organization Open Civic Systems (OCS) — 501(c)(3) nonprofit
Platform Factkeeper (factkeeper.org)
Version 1.0
Effective Date [January 2026]
Last Reviewed [January 2026]
Approved By OCS Board of Directors

1. Introduction and Acceptance

1.1 Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Open Civic Systems, a California 501(c)(3) nonprofit corporation ("OCS," "we," "us," or "our"), governing your access to and use of Factkeeper (factkeeper.org) and all related services, features, and content (collectively, the "Service").

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

1.2 Additional Policies

These Terms incorporate by reference the following documents, which you also agree to by using the Service:

  • Universal Code of Conduct — Standards of behavior for all users
  • Privacy Policy — How we collect, use, and protect your information
  • Chronicle Onboarding Agreement — Additional terms for Chronicle administrators

In the event of a conflict between these Terms and incorporated documents, these Terms shall control unless the incorporated document explicitly states otherwise.

1.3 Eligibility

You must be at least 16 years old to use the Service. By using the Service, you represent that you meet this requirement and have the legal capacity to enter into these Terms.


2. The Service

2.1 Description

Factkeeper is a platform for community-managed historical archives ("Chronicles"). OCS provides the technical infrastructure, software, and support services; Chronicle communities provide the content and curation.

2.2 Service Availability

The Service is provided on an "as available" basis. We do not guarantee uninterrupted access. We may:

  • Modify, suspend, or discontinue any part of the Service at any time
  • Perform maintenance that temporarily limits functionality
  • Restrict access to certain features based on user role or Chronicle status

2.3 AI-Powered Features

The Service includes optional artificial intelligence features for document analysis. These features:

  • Are provided as tools to assist human curation, not replace it
  • May be modified, suspended, or discontinued based on funding availability
  • May require additional terms or user-provided resources (such as API keys)
  • Do not guarantee accuracy; all AI outputs require human review

3. User Accounts

3.1 Account Creation

To contribute content, you must create an account. You agree to:

  • Provide accurate, current, and complete information
  • Maintain the security of your login credentials
  • Notify us immediately of any unauthorized access
  • Not share your account or credentials with others

3.2 Account Responsibility

You are solely responsible for all activity under your account, whether or not authorized by you. OCS is not liable for any loss or damage arising from unauthorized use of your account.

3.3 Account Termination

By You: You may delete your account at any time through account settings or by contacting us at support@opencivicsystems.org.

By Us: We may suspend or terminate your account at any time, with or without cause, with or without notice. Grounds for termination include, but are not limited to:

  • Violation of these Terms or the Code of Conduct
  • Conduct harmful to other users or the Service
  • Extended inactivity (accounts inactive for 24+ months)
  • Request by law enforcement or government agency

Upon termination, your right to use the Service ceases immediately. Provisions of these Terms that by their nature should survive termination shall survive (including Sections 5, 6, 7, and 8).


4. Content Ownership and Rights

4.1 Definitions

  • "Submission": Information submitted through the public submission form, including event descriptions and source links.
  • "Chronicle Content": Curated events, source records, people records, tags, inclusion criteria assignments, and other content created or maintained within a Chronicle.
  • "User Contributions": Editorial work performed by registered users, including reviewing submissions, curating events, and adding context.
  • "System People Database": The shared reference database of public figures maintained by OCS and available to all Chronicles.

4.2 Submissions

Submissions are provided as tips to assist Chronicle curation. By submitting:

  • You grant OCS and the receiving Chronicle an irrevocable, perpetual, royalty-free license to use, modify, incorporate, or discard your submission
  • You acknowledge that submissions may be substantially rewritten, combined with other information, or not used at all
  • You retain no ownership interest in Chronicle Content that may result from your submission
  • Anonymous submissions contain no personally identifying information; your tracking ID is provided for status checking only and confers no rights

4.3 Content Creation and Responsibility

Chronicle Content is created by Chronicle users (reviewers, curators, and administrators), not by OCS. OCS provides the platform and infrastructure; Chronicles and their contributors provide the content.

Responsibility: Each Chronicle is responsible for the content it publishes. OCS does not endorse, verify, or guarantee the accuracy of Chronicle Content. The views and assertions in Chronicle Content are those of the contributors, not OCS.

License to OCS: By creating Chronicle Content, contributors grant OCS a perpetual, irrevocable, royalty-free license to host, display, preserve, and sublicense the content as part of the Service. This license ensures long-term preservation regardless of individual contributor or Chronicle status.

Custodianship: OCS serves as custodian of Chronicle Content to ensure its preservation. This custodial role does not make OCS the author or publisher of the content. OCS may refuse to delete Chronicle Content in furtherance of its archival mission, but this retention is as custodian, not creator.

4.4 Curator License Grant

By contributing as a registered user (reviewer, curator, or administrator), you grant the Chronicle and OCS a perpetual, irrevocable, royalty-free license to use your User Contributions as part of the Chronicle's historical record.

User Contributions include, but are not limited to:

  • Event titles, descriptions, core claims, and context you write or edit
  • Source verification, metadata, and annotations you add
  • People records and biographical information you create or edit
  • Tags and inclusion criteria assignments you make
  • Justifications for inclusion or exclusion decisions
  • AI analysis runs you initiate and any edits to AI-generated content
  • Editorial notes, comments, and contextual annotations
  • Any other curatorial work reflected in Chronicle records

You acknowledge that your contributions may be further edited, combined with others' work, or used as the basis for additional curation by other users. This is similar to how Wikipedia editors contribute to articles that may be edited by others and are held by the Wikimedia Foundation, not individual editors.

4.5 System People Database

OCS maintains a shared reference database of public figures ("System People Database") aggregated from public records, government sources, and other publicly available information. This database is provided as a reference tool for Chronicle use.

Chronicles may link their events to System People records but cannot modify them. Chronicles may also create their own people records within their Chronicle space.

The System People Database is provided "as is" without warranty of accuracy or completeness. Users should independently verify information before relying on it. OCS is not the original source of this information and does not warrant its accuracy.

4.6 Account Deletion and Content Retention

For Anonymous Submitters:

Submissions contain no personally identifying information. There is nothing to delete. Tracking IDs cannot be used to remove submissions that have been processed into Chronicle Content.

For Registered Users:

You may request deletion of your account at any time. Upon deletion:

  • Your personal information (name, email, display name) will be removed from our systems
  • Your internal user ID will be retained in database records for referential integrity and audit purposes, but will no longer be linked to any identifying information
  • Chronicle Content you helped create will remain part of the historical record
  • Your contributions will remain visible to Chronicle administrators in audit logs, attributed to an anonymized user ID

What We Will Not Do:

  • Delete Chronicle Content because an individual contributor requests it
  • Remove historical records of public figures' official acts
  • Erase evidence that events occurred

Historical archives exist to preserve the record. This is fundamental to the Service's purpose.

4.7 Chronicle Exit and Data Portability

Chronicle Administrators and Curators may export Chronicle Content at any time using the built-in backup tools.

If a Chronicle initiates a formal exit process (transfer, sunset, or archival), eligible users will be notified and given a minimum of 90 days to export Chronicle Content before any access restrictions take effect. See the Chronicle Exit Policy for detailed procedures.

Exports include Chronicle Content but exclude other users' personal information and cached third-party content.


5. Intellectual Property

5.1 OCS Intellectual Property

The Service, including its software, design, logos, and documentation (excluding Chronicle Content), is owned by OCS or its licensors and is protected by copyright, trademark, and other laws.

The Factkeeper platform software is released under open-source licenses as specified in its source code repositories.

5.2 Trademarks

"Open Civic Systems," "Factkeeper," and associated logos are trademarks of OCS. You may not use these marks without our prior written permission, except as necessary to accurately describe or reference the Service.

5.3 Copyright Complaints

If you believe content on the Service infringes your copyright, please send a notice to:

Open Civic Systems
Attn: Copyright Agent
[Address]
Email: legal@opencivicsystems.org

Your notice must include:

  • Identification of the copyrighted work
  • Identification of the allegedly infringing material with sufficient detail to locate it
  • Your contact information
  • A statement that you have a good faith belief the use is not authorized
  • A statement under penalty of perjury that the information is accurate and you are authorized to act on behalf of the copyright owner
  • Your physical or electronic signature

6. Disclaimers

6.1 "As Is" Service

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

  • IMPLIED WARRANTIES OF MERCHANTABILITY
  • FITNESS FOR A PARTICULAR PURPOSE
  • NON-INFRINGEMENT
  • ACCURACY, RELIABILITY, OR COMPLETENESS OF CONTENT

6.2 Content Disclaimer

OCS does not endorse, verify, or guarantee the accuracy of Chronicle Content. Historical records may contain errors, omissions, biases, or outdated information. You should independently verify any information before relying on it.

6.3 Third-Party Services

The Service may contain links to or integrations with third-party services (including AI providers). We are not responsible for the availability, accuracy, or practices of third-party services.

6.4 No Professional Advice

Nothing in the Service constitutes legal, financial, medical, or other professional advice. Consult appropriate professionals for specific situations.

6.5 No Duty to Preserve

While OCS's mission is archival preservation, OCS does not guarantee indefinite retention of any content. Financial constraints, legal requirements, or other circumstances may require content removal or service discontinuation. OCS shall not be liable for any loss resulting from removal of content or discontinuation of service.

7. Limitation of Liability

7.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OCS AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AND VOLUNTEERS SHALL NOT BE LIABLE FOR ANY:

  • INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
  • LOSS OF PROFITS, DATA, USE, OR GOODWILL
  • DAMAGES ARISING FROM YOUR USE OR INABILITY TO USE THE SERVICE
  • DAMAGES ARISING FROM CHRONICLE CONTENT OR CONDUCT OF OTHER USERS

7.2 Cap on Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OCS'S TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF:

  • THE AMOUNT YOU PAID TO OCS IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR
  • ONE HUNDRED DOLLARS ($100)

7.3 Basis of the Bargain

THE LIMITATIONS IN THIS SECTION REFLECT THE ALLOCATION OF RISK BETWEEN YOU AND OCS AND ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN US. OCS WOULD NOT PROVIDE THE SERVICE WITHOUT THESE LIMITATIONS.

7.4 Jurisdictional Limitations

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATION OF LIABILITY. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.


8. Indemnification

You agree to indemnify, defend, and hold harmless OCS and its directors, officers, employees, and volunteers from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

  • Your use of the Service
  • Your User Contributions or Chronicle Content you create
  • Your violation of these Terms or applicable law
  • Your violation of any third party's rights

OCS reserves the right to assume exclusive defense and control of any matter subject to indemnification by you, at your expense.


9. Dispute Resolution

9.1 Informal Resolution

Before filing any formal proceeding, you agree to contact us at legal@opencivicsystems.org and attempt to resolve the dispute informally for at least thirty (30) days.

9.2 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.

9.3 Jurisdiction

Any legal action or proceeding arising from these Terms shall be brought exclusively in the state or federal courts located in Orange County, California. You consent to the personal jurisdiction of such courts.

9.4 Class Action Waiver

TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

9.5 Time Limitation

Any claim arising from or related to these Terms or the Service must be filed within one (1) year after the claim arose, or it is permanently barred.


10. Modifications to Terms

10.1 Right to Modify

OCS reserves the right to modify these Terms at any time. We are a young organization and the Service is evolving; these Terms will evolve with it.

10.2 Notice of Changes

We will provide notice of material changes by:

  • Posting the updated Terms on the Service with a new "Effective Date"
  • Sending email notification to registered users (for significant changes)
  • Displaying a prominent notice on the Service

10.3 Acceptance of Changes

Your continued use of the Service after the effective date of any modification constitutes acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Service.

10.4 Chronicle-Specific Impact

If modifications materially affect Chronicle operations, we will provide at least sixty (60) days notice and, where feasible, opportunity to comment before changes take effect.


11. General Provisions

11.1 Entire Agreement

These Terms, together with the Privacy Policy, Code of Conduct, and other incorporated documents, constitute the entire agreement between you and OCS regarding the Service.

11.2 Severability

If any provision of these Terms is held to be unenforceable, that provision shall be modified to the minimum extent necessary, and the remaining provisions shall continue in full force.

11.3 Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.

11.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. OCS may assign these Terms without restriction.

11.5 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights, except that OCS's directors, officers, employees, and volunteers are intended third-party beneficiaries of the indemnification and limitation of liability provisions.

11.6 Force Majeure

OCS shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, government actions, or internet disruptions.


12. Contact Information

For questions about these Terms, contact:

Open Civic Systems Email: legal@opencivicsystems.org Website: opencivicsystems.org

For general support: Email: support@opencivicsystems.org

For Code of Conduct issues: Email: conduct@opencivicsystems.org


Appendix A: Version History

Version Date Summary of Changes
1.0 [January 2026] Initial adoption

Effective Date: [January 2026]