The service
DigitalDMCA provides administrative and technical support for identifying online infringement, collecting evidence, preparing reports and notices, submitting them to third parties with your authorization, and tracking outcomes. We are not a law firm and do not provide legal advice. Nothing on this website or in our communications creates an attorney-client relationship.
This document is a template drafted for DigitalDMCA's business model and should be reviewed by a qualified lawyer for the jurisdictions in which the business operates before it is relied on.
Engagement and authorization
Work begins when you accept a written assessment or quote and provide the authorization we request. By authorizing us you confirm that you own, or are authorized to enforce, the rights at issue, and that the information you give us is accurate. Statutory notices are made under penalty of perjury on the basis of your confirmation.
Your responsibilities
You agree not to ask us to report content you do not own or are not authorized to enforce, content whose use is clearly permitted, or genuine reviews or statements that do not breach any law or policy. We may decline or end an engagement where we believe a request is unfounded, abusive or unlawful, and will refund prepaid fees for work not performed.
Fees and payment
Fees are set out in your quote or invoice. Invoices are payable through the portal's hosted checkout or by bank transfer by the due date. Quotes are valid for 30 days. Where a quote is priced per confirmed outcome, the quote defines what counts as confirmation.
No guarantee of outcome
Decisions on reports and notices are made by third parties: platforms, hosting providers, registrars, payment providers and search engines. We do not guarantee that any item will be removed, remain removed, or be acted on within any period. Our obligation is to perform the work described in your plan with reasonable skill and care.
Portal accounts
You are responsible for keeping your credentials confidential and for activity under your account. You may add users from your organization; you are responsible for their use. We may suspend accounts used in breach of these terms.
Intellectual property
You retain ownership of the materials you provide. We retain ownership of our templates, processes and the website's content. Reports and evidence packs prepared for you may be used by you for the purpose of enforcing your rights.
Liability
To the fullest extent permitted by law, our total liability arising from an engagement is limited to the fees paid for that engagement, and we are not liable for indirect or consequential loss. Nothing limits liability that cannot be limited by law.
Termination
Either party may end an engagement with written notice. Fees for work performed to the date of termination remain payable. Prepaid fees for work not performed are refunded.
Governing law
These terms are governed by the laws of the jurisdiction stated in your engagement letter. [To be confirmed with counsel.]