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JFK Fork Operator License Agreement

Effective Date: 2026-05-14. Last Updated: 2026-05-14.

This Agreement is between ACT 3 AI, Inc., a Delaware corporation ("Company," "we," "us," or "our"), publisher of the JFK Social software stack (the "Software"), and the legal entity or natural person that downloads, copies, modifies, runs, hosts, or distributes the Software, or any modified version of the Software, on infrastructure other than the Company's own ("Operator," "you," or "your"). Operator is informally referred to in Company communications and product documentation as a "JFK Fork Customer," abbreviated "JK4 Customer"; those two informal terms are interchangeable with one another and refer to the same person or entity as "Operator." The legally operative term throughout this Agreement is "Operator." By cloning, downloading, building, deploying, or operating the Software, you agree to be bound by this Agreement. If you do not agree, you must not use the Software.

Table of Contents

  1. Defined Terms
  2. License Grant; Source Availability
  3. Revenue-Threshold Royalty
  4. Bundled-Product Attribution (the 70% Rule)
  5. License Persistence Through Modifications
  6. Illegal Image and Video Content; CSAM Compliance
  7. Compliance with Applicable Laws
  8. Trademark, Logo, and Brand Restrictions
  9. Reach Symmetry; Non-Discrimination Against Company Users
  10. Permitted Uses; Prohibited Uses
  11. Royalty Reporting; Self-Reporting; Audit Rights
  12. Operator Obligations to Its End Users
  13. Telemetry and License-Verification Signals
  14. Term; Suspension; Termination
  15. Effect of Termination
  16. Disclaimer of Warranties
  17. Limitation of Liability
  18. Indemnification
  19. Governing Law; Arbitration; Class-Action Waiver
  20. Notices
  21. Assignment
  22. Severability; No Waiver
  23. Force Majeure
  24. Amendment
  25. Entire Agreement
  26. Contact
  27. Source Code Repositories
  28. Related Documents

1. Defined Terms

1.1 "Software" means the source code, object code, configuration files, schemas, database migrations, container images, build scripts, documentation, and other materials published by Company under this Agreement, including the Go backend service, the React frontend shell, the Nostr relay components, the media-server components, and any updates, patches, or new versions Company makes available under this Agreement.

1.2 "JFK Fork" means a deployment of the Software, or any modified version of the Software, operated under Operator's control, including any instance Operator makes available to End Users.

1.3 "End User" means any natural person who accesses or uses a JFK Fork, whether by creating an account, posting content, reading content, paying for a subscription, or otherwise.

1.4 "Fork Revenue" means all amounts actually received and retained by Operator, and by any Affiliate of Operator, that fall into one or more of the following three buckets:

(a) Subscriptions — subscription, membership, or recurring access fees paid by End Users for the JFK Fork or for any feature of the JFK Fork (including paid tiers, premium plans, ad-free plans, paywalled feeds, paid groups, and paid relays);

(b) Advertising — advertising, sponsorship, promoted-content, sponsored-post, affiliate-link, and similar revenue earned in connection with the JFK Fork;

(c) Anything directly on the social-network content — any other revenue directly attributable to content on the JFK Fork or to End-User activity on the JFK Fork, including without limitation tipping, zap, donation, and microtransaction revenue routed through or facilitated by a JFK Fork; data-licensing, training-data, AI-corpus, analytics, and signal-licensing revenue derived from content posted on or End-User activity recorded by a JFK Fork; pay-to-publish or paid-amplification revenue; creator-fund pass-through revenue retained by Operator; and revenue from API or feed-syndication access to JFK Fork content.

Fork Revenue also includes (d) any revenue attributed to a JFK Fork under Section 4 (Bundled-Product Attribution). Fork Revenue is calculated net of refunds, chargebacks, taxes Operator is required by law to collect and remit, and direct payment-processor fees. Fork Revenue is gross of Operator's operating costs, salaries, and infrastructure. Fork Revenue excludes revenue from products or services unrelated to social-network functionality and not attributed under Section 4.

1.5 "Annual Royalty-Free Threshold" means Five Hundred Thousand U.S. Dollars (USD $500,000) of Fork Revenue per JFK Fork in any single trailing twelve (12)-month period, calculated on a per-fork basis as further described in Section 3.

1.6 "Royalty Rate" means seven percent (7%) of Fork Revenue above the Annual Royalty-Free Threshold for the applicable trailing twelve-month period, except as reduced under Section 3.5 (Carve-Out for Company-Hosted Infrastructure).

1.7 "Reporting Period" means each calendar quarter.

1.8 "Affiliate" means any entity that, directly or indirectly, controls, is controlled by, or is under common control with Operator, where "control" means ownership of more than fifty percent (50%) of the voting equity, the right to appoint a majority of the directors or managers, or de-facto direction of management and policies.

1.9 "Brand Assets" means the names "JFK Social," "JFK Fork," and "ACT 3 AI"; the JFK Social logo, wordmark, and other distinctive visual identifiers Company uses in connection with the Software or its hosted service; and the domain jfksocial.com and any subdomain of jfksocial.com.

1.10 "Trusted Scanner" means a CSAM-detection technology that satisfies Section 6.2 (Minimum CSAM Process), including without limitation Thorn Safer, Microsoft PhotoDNA, Google CSAI Match, and equivalent industry-standard hash-matching or classifier-based services.

1.11 "Permitted Purpose" means any use of the Software that complies with this Agreement, including running a JFK Fork that is free of charge to End Users, running a paid JFK Fork below the Annual Royalty-Free Threshold without owing royalties, and operating a paid JFK Fork above the Annual Royalty-Free Threshold while paying royalties under Section 3.

1.12 "Change Date" means, for any released version of the Software, the date that is four (4) years after Company's first public publication of that version. On its Change Date, the rights granted in this Agreement for that specific version of the Software automatically convert to a license under the Apache License, Version 2.0; the obligations in Sections 6, 7, 8, 9, and 12 of this Agreement continue to apply as a parallel covenant to Operators who began operating that version under this Agreement and who continue to operate it after the Change Date under the Apache 2.0 grant.

1.13 "Company User" has the meaning given in Section 9.2.

1.14 "Reach" has the meaning given in Section 9.1.

1.15 "JFK Fork Customer" and "JK4 Customer" are informal alternative names for Operator used in Company communications and product documentation. Those informal terms refer to the same person or entity as "Operator" and impose no obligations or rights different from those imposed on Operator under this Agreement. The legally operative term in this Agreement is "Operator."

2. License Grant; Source Availability

2.1 Subject to Operator's continuing compliance with this Agreement, Company grants Operator a worldwide, non-exclusive, non-transferable, royalty-bearing (where Section 3 applies) license to:

(a) download, copy, and view the source code of the Software; (b) modify, fork, and create derivative works of the Software for any Permitted Purpose; (c) build, install, run, host, and operate the Software, and any derivative work of the Software, on infrastructure Operator controls or contracts; and (d) distribute the Software, and any derivative work, in source or object form, to third parties, provided that this Agreement (or, after the Change Date, the Apache 2.0 license plus the parallel covenant in Section 1.12) travels with every copy and that the distributee accepts it before any use.

2.2 The Software's source code is published in public repositories Company designates. Source availability is part of the license — Operator's right to view and modify source is not a separate gift and is governed by the terms of this Agreement.

2.3 No rights are granted to Operator other than those expressly granted in this Section 2. All rights not expressly granted are reserved by Company. In particular, no rights are granted under any patent owned or controlled by Company except as strictly necessary for Operator's Permitted Purpose use of the Software as published; Operator's modifications are Operator's own and are licensed back to Company under Section 5.4.

3. Revenue-Threshold Royalty

3.1 Per-Fork Threshold. The Annual Royalty-Free Threshold applies separately to each JFK Fork. An Operator running multiple distinct JFK Forks under separate brands, separate end-user populations, and separate revenue streams has a separate threshold for each JFK Fork. The determination of whether two deployments are one JFK Fork or two is made by Company in good faith based on whether they share End Users, branding, identity systems, billing systems, or operational management; structures that exist primarily to multiply thresholds are a single JFK Fork (see Section 3.6).

3.2 Royalty Trigger. When Fork Revenue for a JFK Fork during any trailing twelve (12)-month period exceeds the Annual Royalty-Free Threshold, Operator owes the Royalty Rate on each dollar of Fork Revenue above the Annual Royalty-Free Threshold for that period and for all subsequent Reporting Periods, until and unless Fork Revenue drops back below the threshold for four (4) consecutive Reporting Periods.

3.3 Quarterly De-Minimis. If Fork Revenue in any single Reporting Period is less than Twenty-Five Thousand U.S. Dollars (USD $25,000), Operator owes no royalty for that Reporting Period and is excused from the reporting requirement in Section 11 for that Reporting Period.

3.4 Royalty Payment Schedule. For any Reporting Period in which Operator owes a royalty, payment is due to Company within forty-five (45) days after the end of the Reporting Period, in U.S. dollars, by wire transfer or by such other method as Company designates. Late payments accrue interest at one and one-half percent (1.5%) per month or the maximum lawful rate, whichever is less.

3.5 Carve-Out for Company-Hosted Infrastructure. If Operator runs a JFK Fork on hosting infrastructure provided by Company (whether under the JFK Cloud program or any successor), the Royalty Rate on Fork Revenue earned through that hosted deployment is reduced to three and one-half percent (3.5%), provided Operator is current on hosting fees.

3.6 Anti-Stacking; Single-Entity Test. For purposes of calculating Fork Revenue and the Annual Royalty-Free Threshold, Operator and all of its Affiliates are treated as a single Operator. Multiple legal entities operated, owned, or controlled by the same beneficial owners that together run what is in substance a single network — sharing End Users, content, branding, identity systems, or operational management — are a single JFK Fork. The single-entity test is applied by Company in good faith, and Operator's structural attempts to multiply thresholds are not effective against this Agreement.

3.7 Currency; Conversion. Non-U.S.-dollar revenue is converted to U.S. dollars at the daily exchange rate published by the U.S. Federal Reserve H.10 release on the date the revenue is received.

4. Bundled-Product Attribution (the 70% Rule)

4.1 Why this section exists. Operator may embed the Software, or features of the Software, inside a broader paid product or service that includes other functionality (for example, a SaaS subscription that bundles social-network features alongside other features). This Section determines when revenue from such bundles counts as Fork Revenue. This Section implements the rule that Operator owes Company no royalty on bundled revenue unless the JFK Fork is at least seventy percent (70%) of the value of the bundle.

4.2 Defined: "Social-Network-Feed Features." For purposes of this Section, "Social-Network-Feed Features" means the JFK Fork's End-User-facing social-network functionality, which includes (a) reading content (consuming a feed, scrolling posts, viewing profiles, viewing media); (b) posting content (composing, publishing, replying, reposting, and adding media); (c) distributing posts to an audience (the follow graph, feed-ranking, federation/relay distribution, push notifications, and search/discovery surfaces that get a post in front of viewers); and (d) advertising-revenue surfaces (the ad inventory, ad-targeting, and promoted-content placement built into the JFK Fork). Section 4.3 measures the share of bundle value attributable to the foregoing Social-Network-Feed Features.

4.3 The 70% Rule (Binary Trigger). If a bundled product or service includes any meaningful portion of the Social-Network-Feed Features derived from the Software, Operator must calculate the Value Share under Section 4.4. Then:

(a) If Value Share is greater than or equal to seventy percent (70%), one hundred percent (100%) of the bundle's net revenue is Fork Revenue.

(b) If Value Share is less than seventy percent (70%), no portion of the bundle's net revenue is Fork Revenue under this Agreement. The 70% Rule is a binary trigger, not a sliding scale, consistent with Company's stated commercial policy that bundle revenue is rev-share-free below the 70% line.

4.4 Standalone-Price Test. Operator must, on a quarterly basis, calculate the Value Share of the Social-Network-Feed Features inside any bundle using the following formula:

Value Share = (Standalone Price of Social-Network-Feed Features) / (Standalone Price of Social-Network-Feed Features + Standalone Price of Non-Social-Network Features)

For each component, the "Standalone Price" is the price at which Operator (or, if Operator does not sell the component separately, an arms-length competitor offering a substantially equivalent component) sells the component on a standalone basis. If no comparable standalone price is publicly available for a component, Operator must use Company's then-current published list price for the equivalent JFK Social feature. If neither is available, Operator must use a good-faith estimate documented contemporaneously and disclose the methodology to Company in the next royalty report.

4.5 Anti-Padding. Operator may not artificially inflate the Standalone Price of Non-Social-Network Features, bundle in token non-functional components for the sole purpose of suppressing the Value Share, or unbundle Social-Network-Feed Features into multiple sub-components priced individually to suppress the Value Share. Company may, in good faith, recharacterize a bundle that has been so manipulated.

4.6 Disclosure Obligation. Whenever Operator offers a bundle that includes any Social-Network-Feed Features, Operator must include in its quarterly report under Section 11 the Value Share calculation for that bundle, the Standalone Price of each component, the source of each Standalone Price, and the resulting attribution decision (above or below 70%). This disclosure is required whether or not the bundle currently triggers Fork Revenue, so that Company has the basis on which the binary 70% determination was made.

5. License Persistence Through Modifications

5.1 You May Modify. Operator may modify the Software for any Permitted Purpose. Operator's modifications are Operator's own intellectual property; Company claims no copyright in Operator's modifications themselves.

5.2 License Travels With the Code. Every copy of the Software, in source or object form, that Operator distributes to any third party must be accompanied by an unmodified copy of this Agreement, with the same defined terms, the same revenue-threshold and bundled-product clauses, the same CSAM and applicable-law obligations, the same reach-symmetry obligation, and the same brand restrictions. Operator may not relicense the Software or any derivative of the Software under terms that strip, weaken, or contradict this Agreement.

5.3 Notice Preservation. Operator must preserve all copyright notices, license headers, attribution files, and references to this Agreement that appear in the Software, in every distribution and in every running instance's "About" or equivalent surface.

5.4 Modification Grant-Back. Operator grants Company a worldwide, perpetual, irrevocable, royalty-free, sublicensable license to copy, modify, distribute, publicly perform, publicly display, and create derivative works of Operator's modifications to the Software, for any purpose, including incorporation back into the Software's mainline. This grant-back applies only to modifications Operator distributes publicly or contributes back to Company; private modifications retained internally by Operator are not subject to this grant-back unless Operator chooses to upstream them.

5.5 No Relicensing of the Software. Operator may not release the Software, or a substantial portion of the Software, under a license that purports to be more permissive than this Agreement (for example, under Apache 2.0, MIT, BSD, or another open-source license), except that on the Change Date for a given version, the rights in this Agreement for that version automatically convert to Apache 2.0 as provided in Section 1.12. The obligations in Sections 6, 7, 8, 9, and 12 continue to apply after the Change Date as a parallel covenant binding on every Operator who began operating that version before its Change Date.

6. Illegal Image and Video Content; CSAM Compliance

6.1 Absolute Obligation. For any illegal or harmful content in images or videos that is uploaded to, stored on, distributed by, or otherwise present on a JFK Fork, Operator must implement and continuously maintain a strong, well-resourced, and effective process designed to ensure compliance with all laws applicable to such content and to prevent that content from being published on or distributed through the JFK Fork. This obligation is most stringently applied to child sexual abuse material ("CSAM") and apparent child sexual exploitation, which are subject to the specific minimum requirements in Section 6.2. It applies regardless of Fork Revenue, regardless of jurisdiction, and regardless of whether Operator owes any royalty to Company. It is a condition of the license in Section 2 and is severable from the rest of this Agreement so that no other clause can be read to weaken it.

6.2 Minimum CSAM Process. Operator's CSAM-specific process must include all of the following:

(a) Pre-publication hash-matching of every uploaded image and every uploaded video frame, performed by at least one Trusted Scanner before the content is made publicly accessible on the JFK Fork; (b) Post-publication periodic re-scanning of stored media as Trusted Scanner hash sets are updated; (c) A documented intake process for trusted-flagger reports from organizations including the U.S. National Center for Missing and Exploited Children ("NCMEC"), the Internet Watch Foundation, and equivalent national reporting bodies; (d) Reasonable measures to detect and remove first-generation CSAM (i.e., material not yet in any hash database), using classifier-based detection, human moderation, or a combination of both; (e) Immediate removal and quarantine of detected content, with preservation of the content and the associated account metadata in a forensically sound manner for the period required by applicable law; (f) Mandatory reporting to NCMEC's CyberTipline (or the equivalent reporting body in Operator's jurisdiction) within the timeframe required by 18 U.S.C. § 2258A or local equivalent.

Operator may substitute or supplement any individual measure in Section 6.2 only with a process that is demonstrably equivalent or more stringent and that, taken as a whole, makes CSAM not happen on the JFK Fork. Operator bears the burden of demonstrating equivalence on request.

6.3 Operator Cannot Run a JFK Fork Without a Trusted Scanner. Operating a JFK Fork open to End-User uploads of images or videos without at least one Trusted Scanner (or a Company-approved equivalent under Section 6.2) active is a material breach of this Agreement.

6.4 Operator's Public Disclosure. Operator must publish, on the JFK Fork's website, a brief and accurate description of which Trusted Scanners it uses, the categories of illegal image/video content addressed under Section 6.5, and how End Users can report suspected CSAM and other illegal content. The description does not need to disclose proprietary thresholds or other information whose disclosure would undermine the detection process.

6.5 Other Illegal Image and Video Content. In addition to its CSAM-specific obligations, Operator must maintain a strong, healthy process to obey applicable laws with respect to the following categories of image and video content on the JFK Fork, and to make such content not happen on the JFK Fork to the maximum extent feasible:

(a) Non-Consensual Intimate Imagery ("NCII") — implement detection and removal procedures, an expedited victim-reporting channel, and where reasonably feasible participate in industry hash-sharing programs (e.g., StopNCII.org or successor); (b) Terrorist and Violent-Extremist Content as defined by applicable law — implement an intake mechanism for trusted flaggers and government referrals, a takedown procedure, and, where reasonably feasible, hash-matching against industry shared databases (e.g., Global Internet Forum to Counter Terrorism (GIFCT) hashes or successor); (c) Bestiality, snuff content, and other content the publication of which is criminal under U.S. federal law or under the law of any jurisdiction Operator targets — prohibit, detect, and remove; (d) Image and video copyright infringement — maintain a working DMCA-compliant notice-and-takedown procedure under Section 7.2 and an analogous procedure for jurisdictions Operator targets that have intermediary-liability regimes; (e) Trademark- and right-of-publicity-infringing images and videos — maintain a documented notice-and-takedown procedure with a reasonable response time; (f) Synthetic intimate imagery and deepfake sexual content depicting identifiable individuals without consent — treat with the same removal urgency as NCII under Section 6.5(a), and treat any depiction of a minor as CSAM under Section 6.2.

Operator's process under this Section 6.5 must be reasonably proportionate to the size and risk profile of the JFK Fork, must be staffed with trained reviewers (in-house, contracted, or both), and must produce documented removal decisions for audit purposes.

6.6 Audit Right for Image and Video Compliance. In addition to the audit right in Section 11.4, Company may, on thirty (30) days' written notice, audit Operator's processes under this Section 6 — including CSAM-detection processes, Trusted Scanner configurations, NCMEC and other reporting logs, and the procedures and removal records for content categories listed in Section 6.5. Operator must cooperate in good faith. If Operator refuses, or if the audit reveals material non-compliance that Operator does not cure within thirty (30) days, Company may terminate this Agreement under Section 14.

6.7 No Indemnification of Operator. Nothing in this Agreement obligates Company to indemnify, defend, or hold harmless Operator for any liability related to illegal or harmful content on a JFK Fork, including any CSAM, NCII, terrorist-content, or copyright-infringement liability. Operator is solely responsible for content compliance on its own JFK Fork.

7. Compliance with Applicable Laws

7.1 General Obligation. Operator must, at its own expense, comply with all laws, regulations, and rules applicable to its operation of any JFK Fork, including without limitation laws relating to data protection, child safety, intermediary liability, content moderation, illegal content, intellectual property, taxation, sanctions, export control, anti-money-laundering, consumer protection, advertising disclosure, and accessibility. Operator's compliance obligation extends to every country in which Operator operates a JFK Fork or knowingly offers a JFK Fork to End Users.

7.2 Jurisdiction-Specific Programs. Where applicable law requires Operator to maintain specific programs — such as a Designated DMCA Agent under 17 U.S.C. § 512, a notice-and-action mechanism under the EU Digital Services Act, an out-of-court dispute settlement contact, or a national-security/transparency report — Operator must maintain those programs at its own expense.

7.3 Sanctions and Export Control. Operator must not operate a JFK Fork in, or knowingly make a JFK Fork available to End Users in, any country, region, or entity subject to comprehensive U.S. economic sanctions administered by the Office of Foreign Assets Control (OFAC), and must not allow the Software to be downloaded or used by any party on the Specially Designated Nationals list or equivalent.

7.4 Independent Compliance. Operator's compliance obligations are independent of, and additional to, Company's own compliance program for the JFK Social hosted service. Company is not Operator's lawyer and does not provide compliance advice to Operator under this Agreement.

8. Trademark, Logo, and Brand Restrictions

8.1 Brand Assets Are Not Licensed. This Agreement grants no rights in any Brand Asset. No copyright license under Section 2, and no patent license under Section 2.3, includes any license to any Brand Asset.

8.2 Naming. Operator must not use the name "JFK Social" or any name confusingly similar to "JFK Social" as the name of its JFK Fork, of its company, of any product or service it offers, or of any domain or subdomain. Operator may use the phrase "powered by the JFK Social Software" or "built on JFK Social code" as a factual descriptor in About pages, documentation, and similar non-prominent contexts, but may not use such phrases as a primary brand identifier.

8.3 Logo and Visual Identity. Operator must not use the JFK Social logo, wordmark, color system, or other distinctive visual identity. Operator must adopt its own visual identity for its JFK Fork.

8.4 Domain Names. Operator must not register, use, or attempt to register any domain that includes "jfksocial," "jfk social," "jfk-social," or any obvious misspelling or transliteration of those terms.

8.5 No Implication of Endorsement. Operator must not represent, directly or by implication, that its JFK Fork is the "official," "real," "authentic," "Company-endorsed," or "ACT 3 AI-endorsed" version of JFK Social. Operator must not represent that Company sponsors, certifies, or vouches for the JFK Fork.

8.6 Reverse Notice. If an End User or third party contacts Operator believing it to be JFK Social, Operator must (a) clearly and conspicuously disclose that Operator's JFK Fork is independent of and not affiliated with Company, and (b) refer the inquirer to jfksocial.com if the inquirer was seeking Company's hosted service.

8.7 Enforcement. Section 8 is enforceable by injunction, in addition to any other remedy.

9. Reach Symmetry; Non-Discrimination Against Company Users

9.1 Defined: "Reach." "Reach" means, with respect to any End User on a JFK Fork, the distribution, feed ranking, visibility, recommendation eligibility, search surfacing, push-notification eligibility, federation propagation, and any other form of algorithmic, editorial, or operational amplification or suppression by which that End User's posts, replies, profile, and other content are made more or less likely to be seen, heard, or otherwise consumed by other End Users of the JFK Fork. "Reach" also includes the equivalent amplification or suppression of content delivered to that End User as a reader (for example, how broadly that End User's home feed surfaces content from other End Users, and whether that End User is eligible to receive recommendations, trending content, search results, and notifications).

9.2 Defined: "Company User." "Company User" means any natural person who (a) currently holds an account on Company's hosted service at jfksocial.com or any subdomain of jfksocial.com (a "Company Account"); (b) has held a Company Account at any time before authenticating to or interacting with the JFK Fork; (c) authenticates to, or interacts with, the JFK Fork using a Nostr public key, federation identity, OAuth credential, or other persistent identifier that was created on, used on, or used to pay on a Company Account; or (d) is otherwise identifiable to Operator as a current or former Company Account holder, including through metadata received from a federated network, from Operator's own onboarding flows, or from any other information Operator collects. Operator's good-faith inability to identify whether a particular End User is a Company User does not excuse non-compliance with this Section after Operator has notice of that End User's Company-User status (whether from Company, from the Company User asserting that status, or from data already in Operator's systems).

9.3 The Non-Discrimination Floor. Operator must not, by policy, by configuration, by ranking model, by manual moderation, by sampling, by quota, by rate-limiting, by feature gating, or by any other technical, operational, or editorial means, give any Company User on the JFK Fork less Reach than Operator gives Operator's own End Users at the same access tier. For purposes of this Section, "access tier" means the combination of paid status, subscription level, verification status, account age, or other tier-defining attributes Operator uses to allocate Reach to End Users.

9.4 Symmetry at Paid Tiers. If Operator offers any paid tier on its JFK Fork that grants elevated Reach to End Users who pay for it, that elevated Reach must extend to any Company User who satisfies the same payment criterion on the JFK Fork, on the same terms Operator applies to non-Company-User End Users. Operator is not required to honor a Company User's existing paid status on Company's hosted service as automatically satisfying the JFK Fork's paid criterion; Operator is required only to apply Operator's own paid criterion neutrally to Company Users and to non-Company-User End Users alike.

9.5 Symmetry at Free Tiers. Company Users on the JFK Fork who are not paying End Users of that JFK Fork must receive Reach equivalent to Operator's own non-paying End Users on the same JFK Fork. Operator may not split free-tier Reach into a "preferred-free" sub-tier from which Company Users are excluded for reasons related to their Company-User status.

9.6 Asymmetry of the Obligation. This Section binds Operator. It does not bind Company. Company makes no reciprocal commitment under this Agreement, or under any companion legal document, regarding how End Users of any JFK Fork are treated on Company's hosted service at jfksocial.com or on any other Company surface. Operator acknowledges and accepts the asymmetry as a condition of the license granted in Section 2 and as fundamental consideration for that license.

9.7 No Concealment. Operator must not use technical, operational, or presentational means designed to obscure or to make less detectable a discrimination prohibited by this Section, including (a) disguising suppression as a server error, a quota cap, a generic rate limit, a regional-availability restriction, an A/B-test cohort, or a moderation outcome not supported by Operator's published moderation rules applied neutrally; (b) shadow-banning Company Users; (c) demoting Company-User posts in ranking by signals derived from Company-User status, whether direct or proxied through correlated features; or (d) excluding Company Users from inclusion in recommendation candidate sets, trending lists, search-suggestion lists, or notification dispatch while including comparably situated non-Company-User End Users.

9.8 Neutral Moderation Preserved. Nothing in this Section limits Operator's ability to enforce content-moderation rules against any End User — including a Company User — based on neutral, published rules applied even-handedly. Operator may suspend, ban, demote, or otherwise sanction a Company User for individual conduct on the JFK Fork on the same basis and to the same extent that Operator would sanction a non-Company-User End User for materially equivalent conduct.

9.9 Audit. Operator's compliance with this Section is subject to Company's audit right under Section 11.4. Audit may include reasonable comparative testing using paired Company-User and non-Company-User test accounts under controlled, repeatable conditions. Operator must not detect-and-suppress such test accounts on the basis of their use in audit testing once they are operating within Operator's published rules of acceptable use.

9.10 Remedy. A material and uncured violation of this Section is grounds for termination under Section 14.3(a) and for injunctive relief under Section 19.4. Operator acknowledges that quantifying monetary damages from Reach discrimination is difficult and that injunctive relief is an appropriate remedy that money damages alone cannot adequately replace.

10. Permitted Uses; Prohibited Uses

10.1 Permitted Uses. Operator may use the Software for any lawful purpose consistent with this Agreement, including operating a private community, a public social network, a niche-interest network, an enterprise communications tool, a research deployment, or a federated relay.

10.2 Prohibited Uses. Operator may not, and may not permit any End User or third party to:

(a) use the Software to host, distribute, or facilitate CSAM, terrorist-content-as-defined-by-applicable-law, non-consensual intimate imagery, or content the publication of which is criminal under U.S. federal law; (b) use the Software to operate an unlicensed money-services business, an unlicensed securities offering, or any other regulated activity for which Operator lacks the required license or registration; (c) use the Software in connection with the development or operation of nuclear, biological, chemical, or weapons-of-mass-destruction systems; (d) use the Software to circumvent or disable Trusted Scanners, License-Verification Signals, or other technical controls built into the Software for safety or licensing purposes; (e) use the Software in a manner that violates Section 8 (Brand Restrictions) or Section 9 (Reach Symmetry); or (f) sublicense, rent, sell, or otherwise transfer rights in the Software except as expressly permitted in Section 2.1(d) (distribution that carries this Agreement forward).

11. Royalty Reporting; Self-Reporting; Audit Rights

11.1 Quarterly Report. Within forty-five (45) days after the end of each Reporting Period in which Operator's Fork Revenue, on a trailing twelve-month basis, equals or exceeds the Annual Royalty-Free Threshold for any JFK Fork (or in which Operator's Fork Revenue exceeded the quarterly de-minimis in Section 3.3), Operator must submit a report to Company at the address in Section 20 that includes:

(a) the Fork Revenue for each JFK Fork during the Reporting Period and on a trailing twelve-month basis; (b) for any bundled product or service, the Value Share calculation under Section 4.4, including the Standalone Price of each component, the source of each price, and the resulting binary attribution decision under Section 4.3; (c) the royalty owed and the basis of the calculation; (d) a brief description of each JFK Fork, including its End User count, its brand name, and its public URL if any; and (e) a certification by an authorized officer of Operator that the report is true, correct, and complete to the best of that officer's knowledge.

11.2 Self-Reporting Discipline. Operator is solely responsible for measuring its Fork Revenue, calculating its royalty, and reporting and paying on time. Company does not maintain billing systems for Operators and does not invoice royalties.

11.3 Records. Operator must keep accurate books and records sufficient to verify Fork Revenue, the Value Share calculation, and Operator's Reach-allocation practices under Section 9 for at least five (5) years after the close of the relevant Reporting Period.

11.4 Audit Right. On thirty (30) days' written notice, no more than once in any twelve (12)-month period absent reasonable suspicion of material under-reporting or material breach, Company (or a nationally recognized independent auditor Company engages) may inspect Operator's books, records, and systems relevant to Fork Revenue, the Value Share, the Reach-Symmetry obligation in Section 9, and any other matter material to Operator's compliance with this Agreement. The audit is conducted at Company's expense, except that if the audit reveals an under-payment of more than five percent (5%) for any Reporting Period, or a material violation of Section 9, Operator must pay Company's reasonable audit costs in addition to any under-payment plus interest under Section 3.4.

11.5 Confidentiality of Audit. Information obtained in an audit is Operator's confidential information and will be used by Company solely to verify compliance with this Agreement, except that Company may disclose aggregate figures to its auditors, regulators, investors, and acquirers under customary confidentiality protections.

12. Operator Obligations to Its End Users

12.1 Operator Is the Controller, Not Company. Operator alone determines what data its End Users provide, what content they post, what moderation they receive, and how Operator processes End User data. Company is not a party to Operator's relationship with its End Users.

12.2 Operator Must Publish Its Own Terms and Privacy Policy. Operator must publish, and obtain End User assent to, its own terms of service and its own privacy policy, separate from this Agreement and from Company's JFK Social terms and privacy policy. Operator's documents must, at a minimum:

(a) clearly identify Operator (not Company) as the controller of End User data and as the legal party responsible for the JFK Fork; (b) disclose that the JFK Fork is built on the JFK Social Software but is not the JFK Social hosted service operated by Company; (c) describe Operator's content-moderation policy, including its CSAM-handling process at a level appropriate for a public-facing document; (d) provide a working mechanism for End Users to exercise rights under applicable privacy law (e.g., CCPA/CPRA, GDPR); (e) provide a working mechanism for DMCA notice-and-takedown (or applicable local equivalent) and identify Operator's designated agent; (f) disclose how End Users may export and delete their accounts.

12.3 No Pass-Through of Operator's Obligations. Operator may not contractually shift its operator-side obligations to Company or represent that Company has any obligations to Operator's End Users. End Users have no rights against Company under this Agreement; this Agreement creates no third-party beneficiary in End Users.

12.4 Federation and Relays. If Operator's JFK Fork participates in any federated network (including Nostr relays, ActivityPub, or any cross-network adapters built into the Software), Operator is solely responsible for the consequences of that participation, including content propagated to or from third-party relays and servers.

13. Telemetry and License-Verification Signals

13.1 What the Software Sends. The Software is configured by default to transmit to Company, at intervals not more frequent than once per day, license-verification and aggregate telemetry signals limited to: a Software version identifier; a self-generated installation identifier (not tied to any End User); aggregate JFK Fork health metrics (uptime, version, region); and an Operator-supplied billing identifier used to associate the JFK Fork with Operator's royalty reporting. No End User content, no End User account data, and no individual End User identifiers are transmitted under this default configuration.

13.2 Operator Can Disable Non-License Telemetry. Operator may disable telemetry signals other than the license-verification signal, and Company will document how to do so. Disabling the license-verification signal itself is prohibited under Section 10.2(d) and is a material breach.

13.3 No Backdoor. Company does not, and the Software does not, embed a remote-administration backdoor that lets Company moderate End User content, terminate End User accounts, or otherwise act on Operator's JFK Fork. The license-verification signal is an outbound heartbeat, not an inbound channel.

14. Term; Suspension; Termination

14.1 Term. This Agreement begins when Operator first downloads, copies, builds, deploys, or otherwise uses the Software, and continues until terminated under this Section 14.

14.2 Termination by Operator. Operator may terminate this Agreement at any time by ceasing all use of the Software and destroying all copies of the Software (and derivatives) in Operator's possession or control, and certifying that destruction in writing to Company.

14.3 Termination by Company for Cause. Company may terminate this Agreement on written notice if Operator:

(a) materially breaches any term and fails to cure the breach within thirty (30) days after Company's written notice (or, for breaches of Sections 6 (Illegal Image/Video Content; CSAM), 7.3 (Sanctions), 8 (Brand), or 10.2(a)–(d) (Prohibited Uses), immediately upon notice); (b) fails to pay a royalty when due and fails to cure within fifteen (15) days after written notice; (c) makes a materially false statement in any royalty report; (d) becomes the subject of any voluntary or involuntary bankruptcy or similar insolvency proceeding that is not dismissed within sixty (60) days; or (e) loses, has revoked, or has suspended any license, registration, or governmental authorization necessary to operate its JFK Fork in a manner that creates material legal or reputational risk for Company.

14.4 Suspension. In lieu of termination, Company may suspend Operator's rights under Section 2 — including by revoking the license-verification token Operator uses — pending cure of a breach.

15. Effect of Termination

15.1 Cease Use. On termination, Operator must immediately cease all use of the Software, take down every JFK Fork, and destroy all copies of the Software in its possession or control, and certify that destruction in writing.

15.2 End User Continuity. Operator must, before taking down a JFK Fork, give its End Users at least thirty (30) days' notice and a reasonable opportunity to export their accounts and content under Section 12.2(f), unless termination is for a Section 14.3(a) breach involving Sections 6, 7.3, 8, or 10.2(a)–(d), in which case immediate takedown is permitted and may be required by applicable law.

15.3 Survival. Sections 1 (Defined Terms), 3.4 (Late-Payment Interest, as to unpaid royalties), 5.3 (Notice Preservation, as to existing distributed copies), 6.6 (Image and Video Compliance Audit Right, as to acts committed during the Term), 9 (Reach Symmetry, as to acts and accrued liabilities during the Term), 11 (as to audit and records of Fork Revenue during the Term), 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, and 26 survive termination.

16. Disclaimer of Warranties

16.1 THE SOFTWARE AND ANY RELATED SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM SECURITY DEFECTS, OR THAT ANY DEFECT WILL BE CORRECTED.

16.2 COMPANY DISCLAIMS ALL LIABILITY FOR ANY CONTENT POSTED, TRANSMITTED, OR DISPLAYED ON OR THROUGH ANY JFK FORK. ALL CONTENT-RELATED LIABILITY IS OPERATOR'S.

17. Limitation of Liability

17.1 NO INDIRECT DAMAGES. IN NO EVENT WILL COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR BUSINESS, ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SOFTWARE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

17.2 CAP. COMPANY'S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNTS PAID BY OPERATOR TO COMPANY UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY OR (B) ONE HUNDRED U.S. DOLLARS (USD $100).

17.3 BASIS OF THE BARGAIN. THE LIMITATIONS IN THIS SECTION 17 APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND ARE A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND OPERATOR.

18. Indemnification

18.1 Operator's Indemnity. Operator will defend, indemnify, and hold harmless Company, its affiliates, and their respective officers, directors, employees, and agents from and against any third-party claim, demand, suit, or proceeding, and all related liabilities, damages, fines, penalties, settlements, costs, and reasonable attorneys' fees, arising out of or relating to (a) Operator's operation of any JFK Fork; (b) any content posted, transmitted, displayed, stored, or otherwise made available on or through a JFK Fork; (c) Operator's breach of this Agreement, including Sections 6, 7, 8, 9, 10, and 12; (d) any CSAM, terrorist content, NCII, or other illegal content on a JFK Fork; or (e) any claim by an End User of a JFK Fork against Company.

18.2 Procedure. Company will (a) give Operator prompt written notice of the claim, (b) give Operator sole control of the defense and settlement (provided that Operator may not settle in any way that imposes a non-monetary obligation on Company without Company's written consent), and (c) reasonably cooperate at Operator's expense. Company may participate in the defense with counsel of its own choosing at its own expense.

19. Governing Law; Arbitration; Class-Action Waiver

19.1 Governing Law. This Agreement is governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles, and, as to U.S. federal matters, by U.S. federal law. The U.N. Convention on Contracts for the International Sale of Goods does not apply.

19.2 Arbitration. Any dispute, claim, or controversy arising out of or relating to this Agreement, or the breach, termination, enforcement, interpretation, or validity of this Agreement, will be resolved by final and binding arbitration administered by JAMS under its Comprehensive Arbitration Rules and Procedures, before one neutral arbitrator. The seat of arbitration is Wilmington, Delaware, USA. The language of arbitration is English. Judgment on the award may be entered in any court of competent jurisdiction.

19.3 Class-Action Waiver. ALL DISPUTES MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY ONLY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. NO ARBITRATOR MAY CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S CLAIMS.

19.4 Injunctive Relief Carve-Out. Notwithstanding Section 19.2, either party may seek temporary, preliminary, or permanent injunctive relief in any court of competent jurisdiction to prevent or stop a breach of Sections 5, 6, 8, 9, or 10, or any misappropriation of intellectual property. The Superior Court of the State of Delaware and the U.S. District Court for the District of Delaware are non-exclusive venues for such relief, and Operator consents to personal jurisdiction in those courts.

20. Notices

20.1 To Company. Notices to Company must be sent to:

ACT 3 AI, Inc. Attn: Legal — JFK Fork License [Notice Address On File With Company] With a copy by email to: legal@jfksocial.com

20.2 To Operator. Notices to Operator may be sent to the email address Operator provided to Company in connection with license-verification telemetry or royalty reporting, or, in the absence of such an address, to the contact information published on Operator's JFK Fork.

20.3 Effective. Notices are effective on actual receipt; email notice is presumed received the next business day after sending absent a bounce or out-of-office response.

21. Assignment

21.1 By Operator. Operator may not assign or transfer this Agreement, in whole or in part, by operation of law or otherwise, without Company's prior written consent. A change of control of Operator (including a sale of all or substantially all of Operator's assets, a merger, or a transfer of a majority of voting equity to a new party) is an assignment for purposes of this Section and requires Company's prior written consent; Company will not unreasonably withhold consent unless the acquirer is a competitor of Company or subject to U.S. sanctions.

21.2 By Company. Company may assign this Agreement, in whole or in part, freely.

21.3 Effect. Any purported assignment in violation of this Section is void.

22. Severability; No Waiver

22.1 Severability. If any provision of this Agreement is held invalid, illegal, or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remainder of the Agreement will remain in full force. Sections 6 (Illegal Image/Video Content; CSAM), 8 (Brand), 9 (Reach Symmetry), 17 (Limitation of Liability), and 18 (Indemnification) are essential terms, and if any is held wholly unenforceable as to Operator, Company may terminate this Agreement immediately.

22.2 No Waiver. No failure or delay by Company in exercising any right under this Agreement is a waiver of that right. Any waiver must be in writing and signed by Company.

23. Force Majeure

23.1 Neither party is liable for any delay or failure to perform any obligation under this Agreement (other than a payment obligation) to the extent the delay or failure results from an event beyond that party's reasonable control, including acts of God, war, terrorism, civil unrest, government action, pandemic, internet or telecommunications failure, or denial-of-service attack, provided the affected party gives prompt notice and uses commercially reasonable efforts to resume performance.

24. Amendment

24.1 Amendment by Company. Company may amend this Agreement from time to time. Company will give Operator at least sixty (60) days' notice of any amendment (by email to Operator's notice address under Section 20, by publication on jfksocial.com, or by publication in the Software's repository). Operator's continued use of the Software after the amendment's effective date is acceptance of the amendment. If Operator does not accept an amendment, Operator's sole remedy is to terminate under Section 14.2 before the amendment's effective date.

24.2 Carve-Out for Already-Released Versions. An amendment to this Agreement does not retroactively change the rights granted in Section 2 for any version of the Software Operator was already lawfully operating before the amendment's effective date, except that updates to Sections 6 (Illegal Image/Video Content; CSAM), 7 (Compliance with Applicable Laws), and 9 (Reach Symmetry) apply immediately to all running JFK Forks.

25. Entire Agreement

25.1 This Agreement, together with any addendum signed by both parties, is the entire agreement between Company and Operator regarding the subject matter and supersedes all prior or contemporaneous agreements, communications, and understandings, written or oral, on that subject. No purchase order, vendor portal, or click-wrapped terms of Operator have any effect on this Agreement.

26. Contact

26.1 Questions about this Agreement, royalty reporting, audit, or brand use should be directed to:

ACT 3 AI, Inc. Legal — JFK Fork License Email: legal@jfksocial.com Royalty reporting: royalties@jfksocial.com Trademark and brand: brand@jfksocial.com Reach-symmetry compliance: compliance@jfksocial.com

27. Source Code Repositories

27.1 The Software is published by Company in three public repositories. Operator's rights under Section 2 (License Grant; Source Availability) attach to the code as published in these repositories and to any updates Company publishes to them. The canonical locations are:

27.2 If Company moves, renames, or supersedes any of the foregoing repositories, Company will publish the new canonical location on jfksocial.com and in the prior repository's README. The repositories listed above are the authoritative source of the Software for purposes of this Agreement until Company so publishes a replacement.

28.1 JFK Social maintains three companion legal documents. This JFK Fork Operator License Agreement applies to entities and individuals who run the JFK Social software on their own infrastructure (also referred to informally as "JFK Fork Customers" or "JK4 Customers"). The two complementary documents are:

  • Rev-Shared Influencers License — applies to individuals enrolled in the JFK Social referral program who earn a share of subscription revenue from customers they refer to Company's hosted service.
  • Consumer (JFKSocial.com User) License — applies to natural persons who use the JFK Social hosted service at jfksocial.com as End Users, including free and paid subscribers.

28.2 Companion privacy policies:

28.3 The companion JFK Fork Operator Privacy Policy for this Agreement is located at /fork/privacy and describes how Company processes Operator data, license-verification telemetry, royalty-reporting data, Reach-Symmetry audit data, and trademark-dispute records.