Terms of Service

By creating an account, signing an order form, clicking to accept, or otherwise using our services, you agree to these Terms. If you use the services on behalf of a company or other organization, you confirm that you have authority to bind that organization, and you in these Terms refers to that organization.

If you have signed a separate written agreement or order form with us, that agreement will apply together with these Terms. If there is a conflict, the signed agreement will control. If you do not agree to these Terms, do not use the services.

The services are provided by [Legal entity name], a company registered in [Country of registration] under company number [Company registration number], with its registered address at [Registered address], trading as DMCA Official (we, us or our). You can contact us at connect@dmcaofficial.com.

DMCA Official provides a software platform and related professional services that help rights holders protect their content online. Depending on your plan, the services may include:

• Monitoring websites, platforms, marketplaces and search engines for possible unauthorized use of your content
• Infringement detection and review of potential matches
• Evidence collection, including screenshots, page captures and timestamps
• Preparation and submission of DMCA takedown notices and similar requests under other laws and platform policies
• Case tracking, follow-up and correspondence management
• Reporting, dashboards and analytics

The specific features, volumes and service levels included in your plan are described in your order form or on our pricing page. We may change, improve or discontinue features from time to time. If we make a change that materially reduces the core functionality of a paid plan during your subscription term, we will give you reasonable notice. [Confirm notice period and any remedy.]

You must be at least 18 years old and able to form a binding contract to use the services, which are intended for business and professional use. You may not use the services if you are barred from doing so under applicable law, including sanctions laws.

You must provide accurate and complete registration information and keep it up to date. You are responsible for keeping your login credentials secure, for all activity that takes place under your account, and for the actions of any users you invite. Tell us promptly at connect@dmcaofficial.com if you suspect unauthorized access to your account.

Copyright enforcement has real consequences for other people, so we rely on you to use the services responsibly. When you submit content for protection or ask us to act on a possible infringement, you represent and warrant that:

• You own the rights in the content, or you are authorized by the owner to enforce those rights, including through an exclusive license or a written agency agreement
• All information you provide to us, including ownership details, descriptions of works and lists of authorized users or licensees, is accurate, complete and kept up to date
• Before asking us to send a notice, you have considered whether the use may be authorized by you, your agent or the law, including under fair use, fair dealing or other applicable exceptions and limitations
• You will tell us promptly if your rights in any content change, if a use has been licensed, or if you no longer want us to act on a case

Appointment as your agent

Where you choose a service under which we prepare and send notices for you, you authorize us to act as your agent to prepare, sign where permitted, submit and follow up on takedown notices and related correspondence on your behalf, and to communicate with platforms, hosting providers, search engines, registrars and alleged infringers about your cases. You may limit or withdraw this authorization at any time by notifying us, although notices already sent cannot be recalled. We may ask you to review and approve notices before they are sent, and to provide written evidence of your rights or authority.

Statements made under penalty of perjury

A DMCA notice must include a statement that the complaining party has a good faith belief that the use is not authorized, and a statement, made under penalty of perjury, that the information in the notice is accurate and that the signer is authorized to act on behalf of the owner. Responsibility for those statements rests with the rights holder and with the authorized signatory, as applicable. We prepare notices based on the information and instructions you provide, and you are responsible for their accuracy. Under the DMCA, a person who knowingly materially misrepresents that material is infringing may be liable for damages.

Counter-notices and disputes

If a counter-notice is filed or a claim is disputed, we will let you know. Decisions about pursuing the matter further, including legal action, are yours. We may close a case if you do not respond to our requests for instructions within a reasonable time.

DMCA Official is not a law firm and does not provide legal advice, unless we have expressly agreed otherwise in writing. Our platform, services, guides, templates and communications are provided for general information and to support your enforcement activities. They are not a substitute for advice from a qualified lawyer about your specific situation, and using our services does not create an attorney-client relationship.

You should consult a lawyer if you are unsure whether you own the rights in a work, whether a particular use is infringing or protected by an exception such as fair use, or how to respond to a counter-notice, demand or lawsuit.

Decisions about whether to remove, disable or de-index content are made by third parties, such as hosting providers, platforms and search engines, under their own policies and the laws that apply to them. We do not control those decisions. As a result, we do not guarantee that any content will be found, that any notice will be accepted, that any content will be removed or stay removed, or that any particular result will be achieved within a particular time.

The services may not detect every use of your content. Timelines for responses and removals vary widely between recipients. Statistics or examples we share are not promises of future results.

You agree not to, and not to allow anyone else to:

• Submit or request notices that you know or should reasonably know are false, misleading or made in bad faith, including notices about content you do not own or are not authorized to enforce
• Use the services to suppress lawful criticism, commentary, reviews, news reporting or other speech, or to target competitors without a genuine rights claim
• Use the services to harass, threaten, intimidate, defame or stalk any person
• Submit unlawful content, or use the services in violation of any law or third-party right
• Interfere with or disrupt the services or the networks and systems that support them, or attempt to gain unauthorized access to them
• Copy, modify, decompile, disassemble or reverse engineer any part of the platform, except to the extent applicable law expressly permits this despite this restriction
• Scrape the platform or access it by automated means other than through interfaces we provide
• Resell, sublicense or provide the services to third parties except as expressly permitted in your plan

We may review notices and case activity to prevent misuse, and may refuse to send any notice, suspend a case, or suspend or terminate your account if we reasonably believe you have breached this section or that a notice is inaccurate or abusive.

You agree to pay the fees for the plan and any additional services you select, as set out in your order form or on our pricing page. Unless otherwise stated, fees are quoted in [Currency] and exclude taxes, which you are responsible for paying, other than taxes on our income.

• Billing: fees are billed [monthly or annually] in advance [Confirm billing terms, including any usage-based or per-case fees].
• Payment: you authorize us and our payment processor to charge your chosen payment method. Invoices are due within [Payment terms, e.g. number of days].
• Renewal: subscriptions renew automatically for successive periods of the same length unless you cancel before the end of the current period [Confirm renewal and cancellation notice terms].
• Price changes: we may change prices for future renewals by giving you at least [Notice period] notice.
• Refunds: [Refund policy]. Except as stated in our refund policy or required by law, fees already paid are non-refundable.
• Late payment: if payment is overdue, we may suspend the services after giving you notice [and charge interest at Late payment rate].

We and our licensors own all rights in the platform, software, website, report templates, documentation and other materials we provide, including all improvements to them. Subject to these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable right to use the services during your subscription for your internal business purposes. All rights not expressly granted are reserved.

You keep all rights in the content and assets you submit to us. You grant us a worldwide, non-exclusive, royalty-free license to host, copy, process, analyze, transmit and display your content, and to create fingerprints, hashes and other reference data from it, only as needed to provide, secure and support the services. This license ends when your content is deleted from our systems in line with our retention practices, except that it continues for copies included in notices or evidence already shared with third parties.

We may use aggregated and de-identified data about how the services are used, which does not identify you or your content, to operate and improve our services. If you send us feedback or suggestions, we may use them without any obligation to you.

Each party may receive non-public information from the other that is marked confidential or would reasonably be understood to be confidential, such as unreleased content, pricing and case strategy. The receiving party will use that information only to perform under these Terms, protect it with at least reasonable care, and disclose it only to employees, contractors and advisers who need to know it and are bound by similar obligations.

These obligations do not apply to information that is public through no fault of the receiving party, already known to it, independently developed, or lawfully received from a third party. A party may disclose confidential information where required by law, after giving the other party notice where legally permitted.

The services interact with websites, platforms, search engines, payment processors and other services operated by third parties. We are not responsible for third-party services, their content, their policies or their decisions, including decisions about notices we submit for you. If you connect a third-party account or integration to the platform, you authorize us to access and exchange data with it as needed to provide the services.

These Terms apply from when you first use the services until your account is closed. You may cancel your subscription at any time [through your account settings or by emailing us], and cancellation will take effect at the end of your current billing period unless otherwise agreed.

We may suspend or terminate your access to the services, with notice where reasonably possible, if you materially breach these Terms and do not cure the breach within [Cure period] after notice, if you fail to pay fees when due, if your use creates a legal or security risk, or if we are required to do so by law. We may act immediately in cases of abuse, false notices or unlawful activity.

When these Terms end, your right to use the services stops. For [Data export period] after termination, you may request an export of your case data, after which we may delete it in line with our Privacy Policy. Sections that by their nature should survive termination will survive, including those on fees owed, intellectual property, confidentiality, disclaimers, limitation of liability, indemnification and governing law.

Except as expressly stated in these Terms, the services are provided as is and as available. To the fullest extent permitted by law, we disclaim all warranties, whether express, implied or statutory, including warranties of merchantability, fitness for a particular purpose, title and non-infringement. We do not warrant that the services will be uninterrupted, error-free or completely secure, that every infringement will be detected, or that any notice will lead to removal of content.

Some jurisdictions do not allow certain warranties to be excluded, so some of these exclusions may not apply to you.

To the fullest extent permitted by law, neither party will be liable to the other for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, revenue, goodwill or data, arising out of or relating to these Terms or the services, even if it has been advised of the possibility of such damages.

To the fullest extent permitted by law, each party's total liability arising out of or relating to these Terms or the services will not exceed [Liability cap, e.g. the fees paid or payable by you in the 12 months before the event giving rise to the claim].

These limits do not apply to your payment obligations, to either party's indemnification obligations, to breaches of the acceptable use section, or to liability that cannot be limited or excluded by law, such as liability for fraud or for death or personal injury caused by negligence. [Confirm exclusions from the cap.]

You will defend, indemnify and hold harmless DMCA Official and its affiliates, officers, employees and agents from and against any claims, damages, losses, liabilities, costs and expenses, including reasonable legal fees, arising out of or relating to: your content; any notice or request submitted at your instruction or based on information you provided, including any claim of misrepresentation; your breach of these Terms or applicable law; or your violation of any third-party right.

We will notify you promptly of any such claim, let you control its defense and cooperate reasonably at your expense. You may not settle a claim in a way that imposes obligations on us or admits fault on our behalf without our written consent. [Consider whether a reciprocal indemnity from the company, e.g. for platform IP infringement claims, should be added.]

These Terms and any dispute arising out of or relating to them or the services are governed by the laws of [Governing law jurisdiction], without regard to its conflict of law rules.

Before starting formal proceedings, each party agrees to try to resolve any dispute informally by contacting the other in writing and negotiating in good faith for at least [Negotiation period]. If the dispute is not resolved, it will be resolved [exclusively in the courts of Venue / by binding arbitration under Arbitration rules seated in Seat of arbitration] [Dispute resolution mechanism]. Either party may seek urgent injunctive or other equitable relief in any court of competent jurisdiction.

Nothing in these Terms limits any rights you may have under mandatory consumer protection laws that apply to you.

We may update these Terms from time to time. When we do, we will change the date at the top of this page. If we make material changes, we will notify you by email or through the platform at least [Notice period] before they take effect. Your continued use of the services after changes take effect means you accept the updated Terms. If you do not agree to the changes, you may cancel your subscription before they take effect.

• Entire agreement: these Terms, together with any order form and our Privacy Policy, are the entire agreement between you and us about the services.
• Assignment: you may not assign these Terms without our prior written consent. We may assign them in connection with a merger, acquisition or sale of assets.
• Severability: if any provision is found unenforceable, the rest of these Terms will remain in effect.
• Force majeure: neither party is liable for delays or failures caused by events beyond its reasonable control, other than payment obligations.
• Independent contractors: except where we act as your agent for the limited purpose of sending notices, nothing in these Terms creates a partnership, joint venture or employment relationship.
• Notices: we may send notices to the email address associated with your account. You may send notices to connect@dmcaofficial.com.

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

• Email: connect@dmcaofficial.com
• Post: [Legal entity name], [Registered address]