Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you and Cognixa Labs LLC, operator of WebDMCA ("WebDMCA," "we," "us," or "our"). By accessing or using our services, you agree to be bound by these Terms. If you do not agree, you may not use our services.

WebDMCA may amend these Terms at any time by posting the updated version on this website. Amendments become effective on your service renewal date or upon your continued use of the services after the amended Terms are posted, whichever occurs first. It is your responsibility to review these Terms periodically. If you do not agree with an amendment, you must stop using the services.

Where you purchase a service through an order, invoice, or checkout flow ("Order"), the terms of that Order apply to that purchase. In the event of a conflict between an Order and these Terms, the Order prevails for that purchase only, except for sections titled "Limited Warranty," "Confidential Information," "Limitation of Liability," "Indemnification," and "Governing Law & Disputes," which always prevail.

• Customer, you, the person or entity that purchases or uses our services.
• Services, the takedown, protection, monitoring, research, compliance, badge, and toolkit services we offer through this website.
• Protection Badge, the WebDMCA badge graphic and embed code made available for display on websites you own or control.
• Protection Certificate, the public certificate page a badge links to, describing the registration record for a domain.
• Subscription, a recurring plan (monthly or annual) providing access to protection, monitoring, and toolkit features.
• DIY Toolkit, features that let you generate, download, and send takedown notices yourself.
• Managed Takedown, a for-fee service where WebDMCA drafts and submits takedown notices on your behalf as your agent. This includes managed counter-notice appeals (17 U.S.C. §512(g)(3)) filed for content removed by mistake or misidentification.
• Monitoring Services, automated scanning features that look for copies of content you register with us.
• Research Services, manual investigation and reporting services offered through our research page.
• Compliance Program, our service for hosts and ISPs to receive and process takedown notices concerning content on their networks.
• Content, any material you submit to us or register with us for protection, monitoring, or takedown.

Both parties

Each party represents and warrants that it has full power and authority to enter into this agreement, that it is a valid and subsisting entity or individual capable of performing its obligations, and that entering into this agreement does not conflict with any other agreement, obligation, or pending legal action to which it is subject.

WebDMCA's warranties

We warrant that we will perform the services in a professional manner consistent with generally accepted industry standards, and that our performance will comply with applicable laws of the United States. We warrant that nothing we deliver to you will knowingly infringe the intellectual property rights of any third party, and that the personnel performing the services are qualified to perform them.

Customer warranties

You represent, warrant, and agree that:

• You own the Content, or you are a proper licensee of the Content with the right to have it protected and removed from third-party sites.
• The Content is not defamatory, obscene, unlawful, or misleading.
• The Content does not violate the trademark or other rights of any third party.
• You are at least 18 years of age (if an individual), or a corporation or other entity in good standing under the laws of its jurisdiction (if an entity).
• You are not subject to any obligation or legal action inconsistent with these Terms, and no additional licenses, approvals, or consents are required for you to use the services.
• All information you provide to us is accurate and complete, and your use of the services complies with all applicable laws.
• You will conduct your affairs with financial integrity and in accordance with ethical business practices.
• You will indemnify and hold us harmless for any breach of the foregoing representations.
• We are not liable for any unauthorized access, replication, or misuse of your Content by third parties, including where it occurs despite the display of a Protection Badge or the use of our monitoring services.

WebDMCA provides digital copyright protection services, including DMCA takedown notice preparation and submission, infringement detection and reporting, follow-up and enforcement support, evidence documentation, automated content monitoring, and badging services. The specific services you receive are those set out on our website and in your Order.

Service features, availability, and pricing may change from time to time without notice, except where a fixed scope and price are stated in your Order. Our fees compensate the professional services performed; we do not guarantee any outcome, including the removal, timing, or de-listing of content. Removal decisions rest solely with the hosts, platforms, registrars, and search engines to whom notices are addressed.

We make Protection Badges available free of charge. Free badges are not monitored or verified, and their features may change without notice.

What the badge is, and is not

• Displaying a badge does not guarantee that your content is secure, that copies will be found, or that takedowns will succeed.
• We provide no monetary compensation or guarantee against losses arising from infringement of content marked with a badge.
• The Protection Certificate that a badge links to is a record of registration. It states that the listed content is owned by, or published with the permission of, the registrant as represented by that registrant. It is not a legal document, a court filing, or proof of copyright registration with any government office.
• A certificate showing as "verified" indicates a paying WebDMCA client whose badge we have confirmed present on the registered site; "unverified" or similar status indicates a free or lapsed registration.

Badge acceptable use

You agree to the following rules for badge use:

• Use the badge only as designed and supplied by us, with the embed code we provide, linking to the Protection Certificate or status page.
• Do not redirect, obscure, alter, or interfere with the badge link, or prevent it from functioning as designed.
• Do not use the badge to advertise products or services that are not yours.
• Display the badge only on websites you own or control.
• Do not display the badge on a website that publishes content without the permission of its owner.
• Do not use the badge to promote hatred, discrimination, or harm against any person or group.
• Do not use the badge to protect content that was illegally obtained or that is prohibited by law.
• You will respond to our email inquiries about your badge registration within 24 hours of receiving them.
• You will indemnify and hold us harmless for any claims arising from your use of the badge.

We may monitor, view, and evaluate badge usage and registered pages at any time, and may stop delivering any badge or remove any certificate, without notice, if these rules are breached or if we consider delivery impractical or unlawful.

Subscriptions

Subscription plans provide access to protection, monitoring, and toolkit features on a recurring basis. Subscriptions renew automatically at the end of each billing cycle unless cancelled. You may cancel at any time; cancellation takes effect at the end of your current billing cycle and features remain active until then. Features and pricing of subscription plans may change upon renewal with notice as described in the Payment & Billing section.

DIY Toolkit

The DIY Toolkit lets you generate, download, and send takedown notices yourself. The toolkit provides completed notice forms based on the information you supply.

• You must own the content that is the subject of any notice you generate, or act with the owner's authorization. We may revoke access to the toolkit if you do not.
• The toolkit is provided without guarantee of effectiveness; we do not track or follow up on notices you send yourself.
• You may not use the toolkit to send frivolous, harassing, or bad-faith notices, or to interfere with a competitor's business rather than to protect genuine rights.
• We respond to abuse claims regarding notices generated with the toolkit, and may cancel toolkit access at any time for abuse.
• You acknowledge that knowingly submitting a materially false takedown notice or counter-notice may expose you to liability for damages, costs, and attorney's fees under 17 U.S.C. § 512(f) or equivalent laws.

Sworn statement of authorization

To perform a managed takedown, you must sign a sworn statement, under penalty of perjury, authorizing WebDMCA as a non-exclusive agent to prepare and submit takedown notices on your behalf for the identified content. For a counter-notice appeal, you additionally swear that the material was removed or disabled by mistake or misidentification, and you consent to the jurisdiction of the federal district court for your address and to accept service of process from the original complainant, as 17 U.S.C. §512(g)(3) requires. If either statement is materially false, we may immediately withdraw our services. Your first signed statement covers all subsequent takedown actions taken for you under these Terms.

Our role as agent

When submitting notices, we act as your non-exclusive agent. We are not a party to any dispute between you and the alleged infringer or their host, and we are not liable for damages arising from legal action taken in response to a notice submitted on your instruction. You indemnify us for claims arising from notices we submit at your direction based on information and authorization you provided.

No outcome guarantee

Our fees compensate the professional services performed, research, notice drafting, sworn-statement handling, submission across delivery channels, and follow-up escalation. We do not guarantee that reported content will be removed, or by when, and we make no promise of success tied to payment. Removal decisions rest solely with the third parties to whom notices are addressed, and outcomes can be affected by fair use, licensed use, counter-notices, and platform or jurisdiction-specific rules outside our control.

When a takedown fee is refundable

• In full, if you cancel before we begin drafting the notice for your case.
• In full, if we never submit the notice through our own fault (non-delivery).
• Once drafting or submission has begun, the service has been performed and the fee is not refundable; fees are never refunded based on results. The full details, including processing timelines and processor fees, are in our Refund Policy.

Every step of your case is recorded with a timestamp in your dashboard, so the work performed on your case is documented and reviewable by you at any time.

Content monitoring

Monitoring Services use our proprietary technology to scan for copies of content you register. Monitoring features, coverage, and pricing may change from time to time.

• You may only register content you own or are authorized to protect, and you may only provide credentials or access you are entitled to provide.
• We do not monitor or control how your content is used by third parties, and we cannot guarantee that all copies will be found.
• Scan results are presented "as is" and do not guarantee that content can or will be removed.
• We provide no monetary compensation or guarantee against losses arising from copies of your content that monitoring does or does not find.
• You will indemnify and hold us harmless for claims arising from your use of monitoring services.

Research services

Our research offering is described as "research" as a marketing term; the services provided may not meet the definition of research services under the laws of your jurisdiction.

• Research reports are confidential and provided for your internal use only; you may not publish, redistribute, or resell them.
• You may not use research deliverables for competitive intelligence or any purpose other than protecting the content that is the subject of the report.
• We provide no guarantee of outcome for research services.
• You will indemnify and hold us harmless for claims arising from your use of research deliverables.

Our Compliance Program is offered to hosts, ISPs, and platforms so they can receive and process takedown notices concerning content on their networks, typically through a standardized takedown form made available to their users.

• The compliance process is provided for the host's convenience and does not constitute legal advice to the host or to notice senders.
• We make no guarantee that every infringing URL will be processed, and we do not track notices processed outside our systems.
• We respond to abuse claims regarding misuse of the compliance process and may cancel a host's participation at any time.
• Compliance Program participants may use the process only for administering removal requests, may not share or sell the data received through it, and must handle personal data in accordance with applicable privacy laws.

This Acceptable Use Policy ("AUP") applies to all services, including badges, certificates, toolkit use, and hosted features. The following non-exhaustive list describes content and uses that are prohibited:

• Content promoting racism, bigotry, hatred, or physical harm against any person or group.
• Harassment of any person, or the display or transmission of spam.
• False, misleading, or unlawful content, or content that would create civil or criminal liability.
• Content that infringes any copyright, trademark, trade secret, or other intellectual property right, or that violates the privacy rights of others.
• Content that exploits or harms minors in any way.
• Content providing instructions for illegal activity or soliciting passwords or personal data from others.
• Content you do not have the right to transmit under any law or contract.
• Unsolicited commercial activity, advertising, or solicitation, including chain letters, pyramid schemes, or contests, submitted through our services.
• Interference with or disruption of our servers, network, security, or the service of other users, including any attempt to gain unauthorized access.
• Filing or pursuing any claim against WebDMCA through or in connection with the services (except as expressly permitted by these Terms).
• Any mechanism designed to disable, overload, or circumvent our systems.

We will cooperate with legal authorities, and we reserve the right to preserve and disclose content, registration records, and account information as required by law or as we reasonably believe necessary in connection with an investigation of suspected prohibited use.

Cancellation for AUP breach

• By us, for your breach: we may cancel services for breach of this AUP without prior notice and without refund of fees for the period in which the breach occurred.
• By us, for our own reasons: where we terminate a subscription other than for your breach, we refund the unused prorated portion of the current billing period.
• By you: you may cancel subscriptions at any time as described in the Subscriptions section; cancellation takes effect at the end of the current billing cycle. Refunds on cancellation are governed exclusively by the Refund Policy.
• We may withhold reimbursement if legal action relating to your use of the services is pending, until the action is resolved.

• Fees are payable in advance and due on receipt of invoice. Annual plans are billed on each anniversary of signup.
• We accept major credit and debit cards (processed by Stripe), cryptocurrency (processed by NowPayments), and bank transfer for enterprise accounts. Charges associated with bank transfers are at your expense.
• You may not withhold or set off amounts due against fees for any reason.
• Recurring and one-time fees are as posted on our website at the time of purchase. Setup fees and the first billing cycle are payable before service begins.
• Accounts more than 45 days past due are subject to a late fee of 5% of the outstanding balance or the maximum permitted by law, whichever is less. Accounts more than 90 days past due may be closed, with outstanding fees immediately due.
• We may suspend services for non-payment and may charge a reasonable re-connection fee to restore suspended services.
• Taxes applicable to the services are your responsibility. Prices exclude taxes unless stated otherwise.
• Price increases are posted on our website at least 30 days before they take effect. Subscriptions renew at the rate in effect at the time of renewal.
• Subscriptions renew automatically (month-to-month or year-to-year) unless cancelled before the renewal date.
• By submitting a payment you also accept the applicable terms of the payment provider (Stripe or NowPayments). Card numbers never touch our servers and are stored only by the processor under their PCI DSS certification.

Account credits

Account credits are a prepaid balance usable toward our services. Credits are personal to your account, non-transferable, and do not expire. Unused credits may be refunded within 14 days of purchase at our discretion.

Billing disputes and payment disputes

If you believe a charge is wrong, contact support@webdmca.com with your case number or invoice before initiating a payment dispute with your bank or card issuer. We acknowledge billing disputes within 2 business days and resolve or refund acknowledged disputes within 7 business days. This paragraph is a request to talk first, not a waiver of any right you have under card-network rules or applicable law: disputes initiated without prior contact are resolved under the same Terms, using the case records, delivery confirmations, and refund history we maintain for every engagement.

Our full Refund Policy is published at webdmca.com/refund-policy and forms part of these Terms. Where a refund is due under that policy, it is issued through the same method of payment used for the original purchase. In summary:

Takedown services

Managed takedown fees are refundable in full if you cancel before we begin drafting, or if we never submit the notice through our own fault. Once drafting or submission has begun, the service has been performed and the fee is not refundable. Fees are never refunded based on results, we do not guarantee removal, timing, or any other outcome.

Subscriptions

• Monthly plans: cancellable at any time, effective at the end of the current billing cycle; fees for a cycle that has started are not refundable.
• Annual plans: refundable within 14 days of the initial charge, less payment-processing fees retained by the processor and the equivalent of our then-current monthly price for each whole month already used; after 14 days, non-refundable with cancellation stopping the next renewal.
• Where we terminate a subscription for our own reasons (not your breach), the unused prorated portion of the current period is refunded.
• EU/UK consumer withdrawal rights are honored as described in the Refund Policy; statutory rights that cannot be excluded are unaffected.
• Coupon or discounted purchases are refunded at the amount actually paid; the value of coupons or discounts is not refundable. Processing fees retained by payment processors are not refundable by us, particularly for cryptocurrency payments.

Ownership and licensing fees

You retain ownership of content you submit to us. By using our services, you grant us a limited, non-exclusive license to host, store, process, reproduce (for evidence and notices), and act on the content as needed to provide the services. Where protected content includes music, all licensing fees due to collecting societies (such as ASCAP, BMI, SESAC, SOCAN, CISAC, or successors) are your responsibility.

Integrity and monitoring

We have the right, but not the obligation, to monitor content and activity on our services to verify compliance with these Terms and the AUP.

Responsibility for content

• We act as a service provider. We are not the publisher or distributor of your content, and we do not exercise editorial control over it.
• We take no responsibility for third-party content accessible through or referenced in connection with the services.
• We are not liable for any removal of content by a third-party host, platform, or registrar in response to a notice.
• We reserve the right to remove badges, certificates, and registrations for content that violates these Terms, and are not liable for exercising that right.

Our rights

WebDMCA and Cognixa Labs LLC own all rights to our website, software, badges, certificate system, reports, trademarks, and proprietary technologies. You may not copy, modify, decompile, reverse engineer, or distribute our intellectual property without permission. No title to or rights in our trademarks are granted to you, and you may not obscure or remove our branding and markings from materials we supply.

Your content

As stated in the Customer Content section, you retain ownership of your content and grant us a limited license to process it for the services.

Infringement claims

If the services or deliverables become, or in our opinion are likely to become, the subject of an infringement claim, we may procure the right to continue providing them, modify them so they are no longer infringing, or discontinue them with a prorated refund of prepaid fees for the discontinued portion. This is your exclusive remedy for any infringement claim, and we specifically disclaim any warranty that the services are or will be non-infringing. Licensing fees claimed by third parties in connection with content you submit are your responsibility.

We warrant that the services will be performed in a professional manner consistent with generally accepted industry standards and in compliance with applicable laws. If the services fail to meet this standard, your exclusive remedy is for us to rectify the deficient performance or to refund the applicable fees.

Each party may receive information the other treats as confidential ("Confidential Information"). Each party will (a) use the same degree of care it uses for its own confidential information, and no less than reasonable care; (b) use Confidential Information only to exercise its rights and perform its obligations under these Terms; and (c) disclose it only to personnel and professional advisers who need to know it and who are bound by comparable confidentiality obligations.

Confidential Information does not include information that:

• Is or becomes public through no fault of the receiving party;
• Was lawfully received from a third party without restriction;
• Was in the receiving party's possession before disclosure; or
• Was independently developed without use of the disclosing party's information.

If a party is compelled by law to disclose Confidential Information, it will (where legally permitted) give the other party prompt notice and disclose only the minimum required. On termination, each party will return or destroy the other's Confidential Information on request. Because breaches of confidentiality may cause irreparable harm, the disclosing party may seek injunctive relief without posting bond.

• We use best-efforts security practices, but no security is perfect, and we cannot guarantee that content, accounts, or data will never be compromised. You should maintain separate backups of your content.
• Our total aggregate liability for any claims arising from the services shall not exceed the total fees you paid us in the 12 months preceding the claim (or the fees paid for the specific service, if less).
• Neither party is liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, lost business, or marketing, advertising, and promotional expenses, even if advised of their possibility.
• You acknowledge that you have not relied on any representation other than those expressly stated in these Terms.
• These limitations apply even if a remedy fails of its essential purpose, survive termination, and apply wherever prohibited claims arise.
• Some jurisdictions do not allow the exclusion of certain damages, in which case the exclusions apply to the maximum extent permitted.

You agree to indemnify, defend, and hold harmless WebDMCA, Cognixa Labs LLC, and their officers, directors, employees, and agents from any claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising from:

• Your breach of these Terms or of the representations and warranties you made;
• The infringement by you, or by content you submitted, of any third party's intellectual property or other rights;
• Your unauthorized use of the services, or unauthorized access to or use of any content, system, or network;
• The storage, streaming, processing, transmission, or encoding of your content by us on your instruction; and
• Any claim that our deliverables, when combined with materials or systems not supplied by us, infringe third-party rights.

We will indemnify you against third-party claims to the extent they arise from our material breach of these Terms or from content we publish without your authorization. This section states the allocating parties' entire liability for the covered claims and survives termination.

Termination for breach

Either party may terminate for a material breach of these Terms by giving 30 days' written notice, provided the breach is not cured within that period. Either party may terminate immediately upon written notice if the other party becomes subject to bankruptcy, insolvency, receivership, or an assignment for the benefit of creditors.

Effect of termination

• Your access to the services ceases, subject to any refund rights in the Refund Policy and AUP sections.
• Sections that by their nature should survive, including payment obligations, Customer Content, Intellectual Property, Limited Warranty, Confidential Information, Limitation of Liability, Indemnification, and Governing Law & Disputes, survive termination.
• All remedies available at law or in equity remain preserved.

Cancellation by you

You may cancel subscriptions at any time through your account or by contacting us; cancellation takes effect at the end of the current billing cycle as described in the Subscriptions section.

Neither party is liable for failure or delay in performance caused by circumstances beyond its reasonable control, including acts of God, war, terrorism, riot, embargo, acts of civil or military authority, supplier or utility failure, fire, flood, accident, strikes, labor disputes, or shortages of transportation, facilities, fuel, energy, labor, or materials. Performance deadlines are extended by the duration of the delay. The party affected will give prompt notice of the event and its expected duration.

The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency (except the limited agency you grant us for submitting takedown notices on your behalf), employment, or fiduciary relationship. Our services are provided to you on a non-exclusive basis; we may provide services to others, and you may obtain similar services elsewhere.

Governing law

These Terms are governed by the laws of the State of Wyoming, United States, without regard to conflict of law principles. Litigation, if any, must be brought only in the courts located in Cheyenne, Wyoming, and the prevailing party is entitled to recover its reasonable attorney fees and costs.

Arbitration

Before initiating arbitration or court proceedings, the parties agree to attempt good-faith resolution for 30 days after written notice of the dispute to the other party. Except for claims for injunctive or equitable relief (which may be brought in court) and except for claims that qualify for small-claims court jurisdiction (which may be brought there), any dispute arising from these Terms or the services shall be resolved by final and binding arbitration in Cheyenne, Wyoming, before a single arbitrator under the Commercial Arbitration Rules of the American Arbitration Association. The arbitrator's award is final and binding, and may be entered in any court of competent jurisdiction. The parties retain all remedies available at law or in equity, and any provision found unenforceable does not invalidate the remainder of this arbitration agreement.

Class actions and jury trials waived

To the extent permitted by law, disputes will be arbitrated or litigated on an individual basis only; neither party will bring or participate in a class, collective, or representative action, and the arbitrator may not consolidate claims of multiple parties. If the class-action waiver is found unenforceable as to a particular claim, that claim (and only that claim) will be brought in court. BY AGREEING TO THESE TERMS, BOTH PARTIES WAIVE ANY RIGHT TO A JURY TRIAL FOR ANY CLAIM THAT PROCEEDS IN COURT.

• 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.
• Notices. Notices to us must be in writing and delivered to legal@webdmca.com or the address in the Contact section. We give notices to you by email to the address on your account or by notice on the website.
• Amendment. We may amend these Terms as described in the Acceptance of Terms section. You must monitor the website for changes; continued use after an amendment is effective constitutes acceptance.
• Cooperation. You will cooperate with reasonable requests of legal authorities and with our compliance efforts under the AUP.
• Entire agreement. These Terms, together with your Order and our Privacy Policy, constitute the entire agreement between the parties and supersede all prior agreements, understandings, and communications, whether written or oral.
• Severability. If any provision is found invalid or unenforceable, it will be replaced with a valid provision that most closely matches the intent, and the remaining provisions stay in force.
• Waiver. A delay or failure to exercise a right is not a waiver of it.

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

Digital Millennium Copyright Act (DMCA) agent designation and notices of claimed infringement regarding this website may also be sent to the address above.