Terms of Service

1. Acceptance of Terms

By accessing or using the Service, creating an account, or clicking “I Agree” (or similar affirmation), you agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference. If you do not agree to these Terms, you must not access or use the Service.

If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and references to “you” refer to both you individually and that organization.

2. Description of Service

DMCA.ME provides AI-powered content protection services, including but not limited to:

• Automated scanning and detection of unauthorized reproductions of your copyrighted content across the internet.
• Filing DMCA takedown notices under 17 U.S.C. § 512 on your behalf as your authorized agent.
• Submitting search engine delisting requests to major search engines for infringing URLs.
• Dashboard access for monitoring takedown status, scan results, and protection metrics.
• Escalation services for repeat infringers, including contact with hosting providers, domain registrars, and payment processors.

The specific features available to you depend on your subscription plan. We reserve the right to modify, suspend, or discontinue any part of the Service at any time with reasonable notice.

3. Eligibility

You must be at least 18 years of age to use the Service. By using the Service, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into a binding agreement. If you are under 18, you may not create an account or use the Service under any circumstances.

4. Account Registration

To access certain features of the Service, you must create an account. When registering, you agree to:

• Provide accurate, current, and complete registration information.
• Maintain and promptly update your account information to keep it accurate and complete.
• Maintain the security and confidentiality of your login credentials and not share your account with any third party.
• Immediately notify us of any unauthorized use of your account or any other breach of security.

You are solely responsible for all activities that occur under your account. We are not liable for any loss or damage arising from your failure to maintain the security of your account.

5. Copyright Ownership & Authorization

By using our Service to protect content, you represent and warrant that:

• You are the copyright owner of the content you submit for protection, or you are duly authorized to act on behalf of the copyright owner.
• You authorize DMCA.ME to act as your designated agent for the purpose of filing DMCA takedown notices, counter-notifications, search engine delisting requests, and related copyright enforcement communications.
• All information you provide regarding your copyright ownership is true, accurate, and not misleading.

Filing false or fraudulent DMCA claims is a serious violation of these Terms and federal law (17 U.S.C. § 512(f)). It may result in immediate termination of your account and may expose you to liability for damages, including costs and attorneys’ fees incurred by the alleged infringer.

6. Subscription & Billing

Paid features of the Service are offered on a subscription basis. By subscribing to a paid plan, you agree to the following:

• Recurring charges: subscriptions are billed on a recurring basis (monthly or annually, depending on the plan you select). You authorize us to charge your payment method for the applicable subscription fee at each renewal period.
• Automatic renewal: your subscription will automatically renew at the end of each billing cycle unless you cancel before the renewal date.
• Cancellation: you may cancel your subscription at any time through your account settings or by contacting us. Upon cancellation, your access to paid features will continue through the end of the current billing period.
• Price changes: we reserve the right to change subscription pricing with at least 30 days’ advance notice. Price changes will take effect at the start of your next billing cycle following the notice period.
• Taxes: all fees are exclusive of applicable taxes unless stated otherwise. You are responsible for any applicable taxes.

7. Refund Policy

Due to the nature of our digital services, all subscription fees are generally non-refundable. However, if you experience a material service disruption or believe you were charged in error, please contact us at support@dmca.me within 14 days of the charge, and we will review your request on a case-by-case basis.

8. Service Delivery & Takedown Results

While we employ advanced technology and best practices to maximize the success rate of takedown requests, you acknowledge and agree that:

• We cannot guarantee that every takedown request will result in content removal. Compliance with DMCA notices is ultimately at the discretion of hosting providers, platform operators, and search engines.
• Removal timeframes vary depending on the platform, jurisdiction, and responsiveness of the hosting provider.
• We will make commercially reasonable efforts to escalate non-compliant cases through additional channels, including hosting providers, domain registrars, and advertising networks.
• Scan results and detection capabilities may vary based on the nature and distribution of your content.

9. Intellectual Property

The Service, including its design, features, code, documentation, graphics, logos, and all related intellectual property, is owned by DMCA.ME and is protected by copyright, trademark, and other intellectual property laws.

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal or internal business purposes in accordance with these Terms. You may not reproduce, distribute, modify, create derivative works of, publicly display, or otherwise exploit any part of the Service without our prior written consent.

10. Prohibited Uses

You agree not to use the Service to:

• File DMCA takedown notices or submit content for protection that you do not own or are not authorized to protect.
• Submit false, misleading, or fraudulent information, including fabricated copyright claims.
• Use the Service to harass, intimidate, or censor lawful speech or fair use of content.
• Interfere with, disrupt, or overload the Service or its underlying infrastructure.
• Attempt to reverse engineer, decompile, disassemble, or extract source code from the Service.
• Use automated scripts, bots, or scrapers to access the Service without our express written permission.
• Resell, sublicense, or provide the Service to third parties without our authorization.
• Violate any applicable local, state, national, or international law or regulation.

Violation of this section may result in immediate suspension or termination of your account and may expose you to civil and criminal liability.

11. User Content & Data

You retain all ownership rights to the content you submit for protection. By using the Service, you grant us a limited license to use, store, and process your content solely for the purpose of providing the Service, including scanning, comparison, and filing takedown notices.

We do not claim ownership of your content, and we will not use your content for any purpose other than performing the services you have requested. Upon termination of your account, we will delete your content from our active systems within a reasonable timeframe, subject to any legal retention requirements.

12. Disclaimer of Warranties

The Service is provided on an “as is” and “as available” basis without warranties of any kind, whether express, implied, or statutory.

To the fullest extent permitted by law, we disclaim all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising out of course of dealing or usage of trade. We do not warrant that the Service will be uninterrupted, error-free, secure, or free of viruses or other harmful components. We do not warrant that takedown requests will be successful or that all infringing content will be detected.

13. Limitation of Liability

To the maximum extent permitted by applicable law:

• DMCA.ME, its officers, directors, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for loss of profits, goodwill, data, or other intangible losses.
• Our total aggregate liability arising out of or relating to these Terms or the Service shall not exceed the total amount you paid to us in the twelve (12) months immediately preceding the event giving rise to the claim.
• These limitations apply regardless of the theory of liability (contract, tort, strict liability, or otherwise) and even if we have been advised of the possibility of such damages.

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability will be limited to the greatest extent permitted by law.

14. Indemnification

You agree to indemnify, defend, and hold harmless DMCA.ME, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any third-party rights, including intellectual property rights; (d) any false or fraudulent DMCA claims filed through your account; or (e) any content you submit to the Service.

15. Termination

Either party may terminate this agreement as follows:

• By you: you may cancel your account at any time through your account settings or by contacting us. Your access will continue through the end of the current billing period.
• By us: we may suspend or terminate your account immediately if you violate these Terms, engage in fraudulent activity, or if we are required to do so by law. We may also terminate your account with 30 days’ notice for any reason.

Upon termination: (a) your right to use the Service ceases immediately (or at the end of the billing period, if applicable); (b) we may delete your account data within a reasonable timeframe, subject to legal retention requirements; and (c) any provisions that by their nature should survive termination will survive, including Sections 5, 9, 12, 13, 14, 16, and 17.

16. Dispute Resolution

In the event of any dispute, controversy, or claim arising out of or relating to these Terms or the Service, the parties agree to the following process:

• Informal resolution: before initiating formal proceedings, you agree to contact us at legal@dmca.me and attempt to resolve the dispute informally for at least 30 days.
• Binding arbitration: if informal resolution fails, either party may elect to resolve the dispute through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall be conducted by a single arbitrator.
• Class action waiver: you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.
• Exceptions: either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights.

17. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. Any legal proceedings not subject to arbitration shall be brought exclusively in the federal or state courts located in Delaware, and you consent to the personal jurisdiction of such courts.

18. Severability

If any provision of these Terms is held to be unenforceable or invalid, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.

19. Entire Agreement

These Terms, together with our Privacy Policy and any other agreements or policies referenced herein, constitute the entire agreement between you and DMCA.ME regarding the Service and supersede all prior agreements, understandings, and communications, whether written or oral.

20. Changes to Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will notify you by email and/or by posting a notice on the Service at least 30 days before the changes take effect. Your continued use of the Service after the effective date constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using the Service and cancel your account.

21. Contact

For questions or concerns about these Terms of Service, please contact us: