Terms of Service

These Terms of Service ("Terms") govern your use of the eWitness mobile application and website (collectively, the "Service") operated by eWitness Media Inc. ("Service Provider", "we", "us", or "our"). By downloading, installing, or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. Use of the Service

The Service is provided free of charge for personal, journalistic, research, and academic use. You agree to use the Service only for lawful purposes and in a manner that does not infringe the rights of others or restrict their use and enjoyment of the Service.

You must not:

• Use the Service to capture, store, or transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable;
• Attempt to reverse-engineer, decompile, or tamper with the SmartHash algorithm or any component of the Service;
• Use automated tools to access, scrape, or overload any part of the Service;
• Misrepresent authenticated media as unaltered when you know it has been modified after capture;
• Use the Service in any way that could damage, disable, or impair the blockchain ledger or associated infrastructure.

2. Account and Device Responsibility

The Service does not require account registration. You are responsible for maintaining the security of your device and for all activity that occurs through your use of the Service. The Service Provider is not liable for any loss or damage arising from unauthorized use of your device.

3. Intellectual Property

The SmartHash algorithm, the eWitness application, and all related software, design, and documentation are the intellectual property of eWitness Media Inc. and its research partners, including John Jay College of Criminal Justice, The Graduate Center of the City University of New York, and collaborating institutions. All rights are reserved.

The SmartHash algorithm is the subject of peer-reviewed academic research published at the ACM International Conference on Information and Knowledge Management (CIKM 2024). Use of the algorithm in commercial products or services requires prior written permission from the Service Provider.

Media you capture using the Service remains your property. By using the Service, you grant the Service Provider a limited, non-exclusive, royalty-free license to process the cryptographic hash of your media solely for the purpose of registering it on the blockchain ledger. The Service Provider does not claim ownership of, access to, or rights over the content of your media.

4. Research and Academic Use

The Service Provider actively encourages research and academic use of the eWitness platform. Researchers, students, and academics may use the Service for non-commercial research purposes, subject to the following conditions:

• Attribution: Any publication, presentation, or report that makes use of eWitness or the SmartHash algorithm must cite the original research: Samanta, P., & Jain, S. (2024). SmartHash: Perceptual Hashing for Image Tampering Detection and Authentication. Proceedings of the 33rd ACM International Conference on Information and Knowledge Management (CIKM '24). https://doi.org/10.1145/3627673.3679827
• Non-commercial use only: Research use of the Service must not be conducted for direct commercial benefit without a separate written agreement with the Service Provider.
• Data integrity: Researchers must not attempt to manipulate, spoof, or fraudulently register hashes on the blockchain ledger, including for adversarial testing, without prior written approval from the Service Provider.
• Collaboration: Researchers interested in collaboration, dataset access, or extended API use are encouraged to contact the Service Provider at ewitness.jj@gmail.com.

This research was supported by the National Science Foundation TIP Directorate, Grant Number 2122682. The Service Provider reserves the right to revoke research access if these conditions are not met.

5. Blockchain Records and Evidentiary Use

The Service registers a cryptographic hash of your media on a public distributed blockchain ledger. This record is permanent and cannot be deleted or altered by the Service Provider or any other party once confirmed on the blockchain.

While eWitness is designed to support the forensic soundness of digital media, the Service Provider makes no guarantee that blockchain-registered records will be accepted as evidence in any legal proceeding. The admissibility of digital evidence is subject to the laws and rules of the relevant jurisdiction and the discretion of courts, arbitrators, and regulatory bodies. Users relying on eWitness for legal or evidentiary purposes should seek independent legal advice.

6. Disclaimers and Limitation of Liability

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, or non-infringement.

The Service Provider does not warrant that:

• The Service will be uninterrupted, error-free, or free of viruses or other harmful components;
• The blockchain ledger will remain accessible, unaltered, or available in perpetuity;
• SmartHash will detect all forms of image or video tampering in all circumstances.

To the fullest extent permitted by applicable law, the Service Provider shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of data, loss of revenue, or loss of goodwill, arising out of or in connection with your use of the Service.

7. Third-Party Services

The Service integrates with third-party services including Google Play Services, Google Analytics for Firebase, and Firebase Crashlytics. Your use of those services is governed by their respective terms of service and privacy policies. The Service Provider is not responsible for the practices or content of any third-party service.

8. Children

The Service is not directed to children under the age of 13. By using the Service, you represent that you are at least 13 years of age. If you are under 18, you represent that you have obtained parental or guardian consent to use the Service.

9. Modifications to the Service and Terms

The Service Provider reserves the right to modify or discontinue the Service at any time without notice. These Terms may be updated from time to time. Continued use of the Service after changes are posted constitutes your acceptance of the revised Terms. The effective date at the top of this page will be updated accordingly.

10. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of New York, United States, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts located in New York County, New York.

11. Contact Us

If you have any questions about these Terms of Service, please contact the Service Provider at ewitness.jj@gmail.com.