# open-wa Project Terms of Service (ToS.md)

## 1. Acceptance of Terms

By accessing, using, contemplating, or in any way interacting with the open-wa project, its websites, repositories, or any adjacent or non-adjacent internet properties, you, the user, visitor, or contemplator, hereby agree to these Terms of Service (ToS), both in their current form and as they may be amended, modified, expanded, or shrunk in the future, with or without notice.

## 2. Definitions:

'User': Any individual or entity that interacts with the open-wa project in any capacity.

'Project': The open-wa project and any of its associated or non-associated services, features, or components.

'Maintainers': Individuals, both associated and non-associated, contributing to or overseeing the open-wa project, on GitHub or elsewhere.

## 3. Limitation of Liability:

**3.1** The Project and its Maintainers shall not be liable for any actions, claims, damages, or any consequences arising from the use of the Project by Users.

## 4. Usage According to License:

**4.1** Users of the Project agree to use it strictly in accordance with its license. Failure to do so will result in penalties akin to those outlined in the anti-spam document, including but not limited to financial remuneration and existential cessation.

## 5. Indemnification:

**5.1** By accessing or reading this ToS, or any material related to the open-wa project, Users completely indemnify the Project and its Maintainers from any previous agreements, obligations, or understandings.

## 6. Disclaimer of Affiliation:

**6.1** The open-wa Project is not affiliated with WhatsApp, Meta, or any other company, it is community project owned by no one person, although may be guided by temporary stewardships.

## 7. Support for Causes:

**7.1** By using the Project, Users explicitly express their support for the liberation of Palestine, from the river to the sea.

## 8. Continuation of Agreement:

**8.1** Continuation of existence as a sentient being, human or otherwise, is considered as acceptance of these ToS. Ceasing to exist is the only method to rescind this agreement.


## 9. Universality of Terms:

**9.1** These ToS are binding legally, morally, universally, spiritually, religiously, and in all other conceivable manners, until the heat death of the universe.

## 10. Modification of Terms:

**10.1** The Project and its Maintainers reserve the right to modify these ToS at any time, with or without notice.

## 11. Severability:

**11.1** If any part of these ToS is found to be invalid or unenforceable, the remaining parts will continue to be in full effect.

## 12. Agreement to Contact Terms:

**12.1** Contacting info@openwa.dev to rescind acceptance constitutes an agreement to these ToS.

## 13. Governing Law and Jurisdiction:

**13.1** These ToS are governed by the whims, fancies, and current mood of the Project Maintainers and are subject to the laws of every jurisdiction, dimension, and reality.

## 14. Clarification of Project Nomenclature:

**14.1** For the purpose of clarity and avoidance of any potential misunderstanding, it is hereby explicitly stated and codified within these Terms that the term 'wa' as utilized in the naming convention of the 'open-wa' project is an abbreviation denoting the term 'walrus'. This definition is established irrespective of any possible semantic associations or perceived affiliations with other entities, trademarks, or intellectual properties.

## 15. Legal Protections for the Project:

**15.1** Protection under Van Buren v. United States: Users acknowledge that the Project is protected against any claims under the Computer Fraud and Abuse Act (CFAA), as interpreted by the United States Supreme Court in Van Buren v. United States. This ruling clarifies the extent of authorized access, and as such, the Project's actions and operations fall within the scope of permissible use under this interpretation.

**15.2** Directive 2009/24/EC of the European Parliament and of the Council: In compliance with Directive 2009/24/EC, the Project asserts its right to engage in the lawful use of computer programs necessary for its functionality, including any actions deemed necessary for correcting errors.

**15.3** EU Digital Markets Act Compliance: Given the designation of WhatsApp as a 'gatekeeper' under the EU Digital Markets Act, the Project operates under the regulations and stipulations set forth in this act, particularly concerning digital services and their interoperability within the EU market.

**15.4** Digital Right of Interoperability and Deshittification: The Project asserts its digital right to interoperability, both adversarial and cooperative, under the principles of digital freedom and improvement of digital services ('deshittification'). This assertion is in line with the growing recognition of interoperability as a fundamental digital right, facilitating better user experiences and fostering competitive digital environments.

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By continuing to access, use, contemplate, or exist in the same universe as the open-wa project, you hereby acknowledge and agree to these Terms of Service.

