DMCA Policy

Penly Technologies Inc. ("Company", "we", "us", or "our") respects the intellectual property rights of others and expects our users to do the same. In accordance with the Digital Millennium Copyright Act of 1998 ("DMCA"), we have adopted the following policy toward copyright infringement.

We respond to notices of alleged copyright infringement that comply with the DMCA and other applicable laws. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible through our service FlashText (https://flashtext.ai), please notify our Copyright Agent as set forth below.

If you believe that content available through our Services infringes one or more of your copyrights, please send a DMCA Notice to our Copyright Agent that includes substantially the following information:

1. Identification of the copyrighted work: A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the infringing material: 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. Location of infringing material: Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material. Please provide a URL or other specific location information.
4. Your contact information: Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address.
5. Statement of good faith: 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.
6. Statement of accuracy: A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please send your DMCA Notice to our designated Copyright Agent:

Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. Therefore, if you are not sure whether material located on or linked to by our Services infringes your copyright, you should consider first contacting an attorney.

Upon receipt of a valid DMCA Notice, we will:

• Remove or disable access to the allegedly infringing material
• Notify the user who posted the material that we have removed or disabled access to the material
• Provide the user with a copy of the DMCA Notice
• Inform the user of their right to file a counter-notification

We reserve the right to terminate, in appropriate circumstances, the accounts of users who are repeat infringers of intellectual property rights.

If you believe that material you posted was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with our Copyright Agent. Your counter-notification must include substantially the following information:

1. Your physical or electronic signature: A physical or electronic signature of the subscriber.
2. Identification of removed material: Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
3. Statement of good faith: A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
4. Your contact information: Your name, address, and 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 the federal district courts located in California if your address is outside of the United States), and that you will accept service of process from the person who provided the original DMCA notification or an agent of such person.

Please send your counter-notification to our designated Copyright Agent:

Upon receipt of a valid counter-notification, we will:

• Promptly provide the person who provided the original DMCA notification with a copy of the counter-notification
• Inform that person that we will replace the removed material or cease disabling access to it in 10 business days
• Replace the removed material or cease disabling access to it in 10 to 14 business days following receipt of the counter-notification, unless our Copyright Agent first receives notice from the person who submitted the original notification that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on our Services

In accordance with the DMCA and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, the accounts of users who are deemed to be repeat infringers. We may also, at our sole discretion, limit access to our Services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

We respect intellectual property rights and ask our users to do the same. It is our policy to:

• Respond expeditiously to claims of copyright infringement committed using our Services
• Take appropriate action against users who repeatedly infringe copyrights
• Reserve the right to remove content alleged to be infringing without prior notice and at our sole discretion

Please note that the DMCA Notice and Counter-Notification process is a legal process. You may wish to consult with an attorney before filing a notice or counter-notification to ensure that your claim is valid and properly documented.

Please be aware that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that material is infringing your copyright. Accordingly, if you are not sure whether certain material infringes your copyright, we suggest that you first contact an attorney.

If you have questions about this DMCA Policy or our copyright procedures, please contact:

Penly Technologies Inc.
Email: [email protected]