Terms of Service

1. Agreement to Terms

By accessing or using Ohtli ("the Platform"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Platform.

You must be at least 18 years old to use Ohtli. By using the Platform, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into these Terms.

2. Description of Service

Ohtli is a genetic discovery platform for domesticated species. The Platform enables users to register living organisms ("Entities") with unique OHT- identifiers, track lineage and genetic provenance, and participate in a community-driven marketplace for genetic material.

Ohtli does not own, breed, grow, or control any organisms listed on the Platform. Ohtli is a technology platform that provides certification, tracking, and marketplace services.

3. User Accounts

To use certain features of the Platform, you must create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete. Ohtli reserves the right to suspend or terminate accounts that contain inaccurate or fraudulent information.

4. OHT- Identifiers and Intellectual Property

Each Entity registered on Ohtli receives a unique OHT- identifier. The OHT- prefix is a trademark of Ohtli. By registering an Entity, you agree to the following:

• Certification Eligibility: Organisms may qualify for Ohtli certification if they are sexually reproduced from at least one known Ohtli parent and traceable to their Ohtli page via QR code or OHT- ID. Certification is voluntary.
• Accurate Information: You will provide truthful and accurate information about each Entity, including species, lineage, and provenance.
• No Patented Varieties: You may not register organisms that are subject to active plant patents, plant variety protection certificates, or trademarks held by third parties without authorization.
• Ownership: You represent that you have lawful possession or ownership of any organism you register on the Platform.
• Trademark Use: You may use the OHT- identifier on labels, marketing materials, and in commerce only in connection with Entities that maintain their Ohtli certification in good standing.

5. Seller Responsibilities

If you list Entities or genetic material for sale on Ohtli, you agree to the following:

• Accurate Listings: Your listing information, including descriptions, photos, species, and lineage data, must be accurate and not misleading.
• Compliance with Laws: You will comply with all applicable federal, state, and local laws and regulations related to the sale and shipment of living organisms, seeds, and plant material, including USDA phytosanitary requirements where applicable.
• Fulfillment: You are responsible for packaging, shipping, and delivering items in a timely manner and in the condition described.
• Availability: You will honor confirmed orders and keep your listings accurate regarding availability.

6. Buyer Responsibilities

If you purchase Entities or genetic material on Ohtli, you agree to the following:

• Accurate Information: You will provide accurate shipping and contact information.
• Compliance with Laws: You are responsible for ensuring that the purchase and possession of any organism or genetic material complies with your local laws and regulations.
• Care of Living Material: You understand that Entities are living organisms and accept responsibility for their care upon receipt.
• Certification Opportunity: If you breed or propagate from Ohtli-certified Entities, offspring may be eligible for Ohtli certification. Registration of offspring is encouraged but not required.

7. Payments and Fees

When you purchase an item, you agree to pay the total price displayed, including any applicable fees and taxes. Payment is processed securely through our third-party payment processor (Stripe).

Credit card processing fees: Standard credit card processing fees apply to all transactions and are borne by the Seller (deducted from payouts by Stripe). These fees are set by Stripe, not Ohtli. See Stripe's pricing page for current rates.

Small order processing fee: Orders below a minimum threshold may incur a small processing fee to cover transaction costs. This fee is displayed to the Buyer before checkout and can be avoided by increasing the order total above the threshold.

Sellers receive payouts after order fulfillment, minus any applicable platform fees and credit card processing fees. Payout timing and methods are subject to Stripe's terms and verification requirements.

Fee changes: Ohtli reserves the right to introduce, modify, or remove fees at any time. We will provide at least 30 days advance email notice before any fee changes take effect. Continued use of the Platform after the effective date of a fee change constitutes acceptance of the updated fees.

8. Prohibited Activities

You agree not to:

• Violate any laws or regulations
• Post false, misleading, or fraudulent content
• Register organisms subject to active patents or trademarks without authorization
• Misrepresent the species, lineage, or provenance of an Entity
• Infringe on the rights of others
• Harass, threaten, or discriminate against any user
• Attempt to circumvent the Platform to avoid fees
• Use the Platform for any illegal or unauthorized purpose
• Interfere with or disrupt the Platform's operation
• Create multiple accounts for fraudulent purposes
• Scrape or collect user data without permission

11. Indemnification

You agree to indemnify, defend, and hold harmless Ohtli and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including attorney's fees) arising out of or related to: (a) your use of the Platform; (b) your violation of these Terms; (c) your violation of any rights of another party; (d) any organisms or genetic material you list, sell, or distribute through the Platform; or (e) any misrepresentation of lineage, provenance, or species information.

12. Dispute Resolution

Between Users: Disputes between Sellers and Buyers should first be resolved directly between the parties. Ohtli may, at its discretion, attempt to mediate disputes but is not obligated to do so.

With Ohtli: Any disputes arising from these Terms or your use of the Platform shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. You waive any right to participate in a class action lawsuit or class-wide arbitration.

13. Modifications to Terms

Ohtli reserves the right to modify these Terms at any time. We will notify users of material changes by posting the updated Terms on the Platform and updating the "Last updated" date. Your continued use of the Platform after changes are posted constitutes your acceptance of the modified Terms.

14. Termination

Ohtli may suspend or terminate your account and access to the Platform at any time, with or without cause, and with or without notice. You may terminate your account at any time by contacting us. Upon termination, your right to use the Platform ceases immediately, but these Terms shall survive to the extent necessary to enforce any rights or obligations that accrued prior to termination.

15. General Provisions

• Entire Agreement: These Terms constitute the entire agreement between you and Ohtli regarding your use of the Platform.
• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.
• Waiver: Ohtli's failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
• Assignment: You may not assign or transfer these Terms without Ohtli's prior written consent. Ohtli may assign these Terms without restriction.
• Governing Law: These Terms shall be governed by the laws of the State of Washington, without regard to conflict of law principles.

16. Contact Us

If you have questions about these Terms of Service, please contact us:

Email: help@ohtli.org