1. Overview
Wafix Technologies (“Wafix Technologies,” “we,” “us,” or “our”) respects the intellectual property rights of others and expects users of its websites, hosted platforms, and Services to do the same. This Copyright & DMCA Policy describes the procedure Wafix Technologies follows in response to notices of alleged copyright infringement in accordance with the Digital Millennium Copyright Act, 17 U.S.C. § 512 (“DMCA”), and describes the corresponding procedure for users located outside the United States whose content may be subject to comparable notice-and-takedown regimes.
2. Scope
This policy applies to content hosted on infrastructure directly operated or managed by Wafix Technologies, including websites Wafix Technologies hosts on behalf of Clients. It does not apply to content hosted by a Client on its own independent infrastructure or through a Third-Party Platform not managed by Wafix Technologies, in which case the copyright complaint should be directed to that Client or platform directly.
3. Filing a DMCA Takedown Notice
If you believe that content hosted through a Wafix Technologies-managed platform infringes your copyright, you (or your authorized agent) may submit a written notice to our designated DMCA agent that includes the following information, consistent with 17 U.S.C. § 512(c)(3):
3.1 A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
3.2 Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
3.3 Identification of the material that is claimed to be infringing and information reasonably sufficient to permit Wafix Technologies to locate the material, such as a specific URL;
3.4 Information reasonably sufficient to permit Wafix Technologies to contact you, such as an address, telephone number, and email address;
3.5 A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
3.6 A statement, made under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
4. Our Response to a Valid Notice
Upon receipt of a notice that substantially complies with the requirements of Section 3, Wafix Technologies will act expeditiously to remove or disable access to the allegedly infringing material, and will make a good-faith effort to notify the Client or user responsible for the content of the removal or disabling and the reason for it.
5. Counter-Notification
If you believe that material you posted was removed or disabled by mistake or misidentification, you may submit a counter-notification to our designated agent that includes: (a) your physical or electronic signature; (b) identification of the material that was removed and its location before removal; (c) a statement under penalty of perjury that you have a good faith belief the material was removed as a result of mistake or misidentification; and (d) your name, address, telephone number, and a statement that you consent to the jurisdiction of the federal district court for the judicial district in which your address is located (or, if outside the United States, for any judicial district in which Wafix Technologies may be found), and that you will accept service of process from the person who submitted the original takedown notice. Upon receipt of a valid counter-notification, Wafix Technologies may restore the removed material within ten to fourteen business days, unless the original complaining party notifies Wafix Technologies that it has filed a court action seeking a court order restraining the alleged infringer from engaging in infringing activity.
6. Repeat Infringer Policy
Consistent with 17 U.S.C. § 512(i), Wafix Technologies will, in appropriate circumstances and at its discretion, disable access to and, if appropriate, terminate the accounts of Clients or users who are determined to be repeat infringers.
7. Misrepresentations
Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material is infringing, or that material was removed or disabled by mistake or misidentification, may be liable for damages, including costs and attorneys’ fees, incurred by Wafix Technologies or the alleged infringer as a result of relying upon such misrepresentation.
8. International Copyright Complaints
Users located outside the United States may submit copyright complaints using the process described in Section 3, and Wafix Technologies will apply a substantially similar review and response process consistent with applicable local law, including the EU Digital Services Act’s notice-and-action mechanisms, where applicable.
9. Relationship to Other Policies
This policy supplements, and should be read together with, the Wafix Technologies Terms and Conditions, Acceptable Use Policy, and Intellectual Property Policy.