DMCA Policy

1. Introduction

This Digital Millennium Copyright Act (“DMCA”) Policy applies to the Testara website, application and related services (collectively, “Testara”, “we”, “us”, or “our”). Testara respects the intellectual property rights of others and expects its users to do the same.

In accordance with the U.S. Digital Millennium Copyright Act, 17 U.S.C. (c), it is our policy to respond promptly to proper notices of alleged copyright infringement that comply with the DMCA, and to remove or disable access to material that is claimed to be infringing while we review the claim.

2. Designated Copyright Agent

You may send DMCA notices and counter-notices to our designated Copyright Agent using the following contact details:

Copyright Agent
Testara
Email: support@testara.app

Please use this contact information only for DMCA notices and counter-notices. Other inquiries will not receive a response via this channel.

3. DMCA Takedown Notice (How to Report Infringing Content)

If you believe that any content available on or through Testara infringes your copyright, you may submit a written DMCA Takedown Notice to our Copyright Agent at support@testara.app. To be effective under 17 U.S.C. (c), your notice must include all of the following:

• Your physical or electronic signature, or that of the person authorized to act on behalf of the copyright owner.
• Identification of the copyrighted work claimed to have been infringed, or, if multiple works are covered by a single notice, a representative list of such works.
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit us to locate the material (for testple, specific URLs, screenshots, or other precise references).
• Information reasonably sufficient to permit us to contact you, such as your name, telephone number, and email address. You may also include your mailing address if you wish.
• A statement that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the notice is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the copyright owner.

If your notice does not substantially comply with these requirements, it may be invalid under the DMCA and we may not be able to take action.

4. Our Response to DMCA Notices

Upon receipt of a valid DMCA Takedown Notice, Testara will:

• Act expeditiously to remove or disable access to the allegedly infringing material.
• Notify the user who posted or uploaded the material that access to the content has been removed or disabled.
• Where appropriate, record the incident for purposes of our repeat infringer policy.

We may also provide a copy of the notice (including your name and contact information) to the user who posted the material, as required for the counter-notice process.

5. DMCA Counter-Notice (For Users Whose Content Was Removed)

If your content has been removed or disabled as a result of a DMCA Takedown Notice and you believe that the removal or disabling was due to mistake or misidentification, you may file a DMCA Counter-Notice by emailing support@testara.app. To be effective under 17 U.S.C. (c), your Counter-Notice must include:

• Your physical or electronic signature.
• 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 was disabled (for testple, the specific URL or Testara location).
• 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.
• Your name, telephone number, and email address, and optionally your mailing address.
• 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 your address is outside of the United States, that you consent to the jurisdiction of any federal district court in which Testara may be found), and that you will accept service of process from the person who provided the original DMCA Takedown Notice or an agent of that person.

After receiving a valid Counter-Notice, we may restore the removed material within the timeframe permitted by the DMCA, unless the original complainant notifies us that they have filed a court action seeking a court order to restrain you from engaging in infringing activity related to the material.

6. Repeat Infringer Policy

In appropriate circumstances and at our sole discretion, Testara may terminate, suspend or limit the accounts of users who are determined to be repeat infringers of third-party copyrights. This may include users who have been subject to multiple valid DMCA Takedown Notices.

We also reserve the right, in our sole discretion, to remove or disable access to any content that we believe may infringe the rights of others, regardless of whether a formal DMCA Takedown Notice has been filed.

7. Misrepresentations

Under 17 U.S.C. (c), any person who knowingly materially misrepresents that material or activity is infringing, or that material or activity was removed or disabled by mistake or misidentification, may be liable for damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by an online service provider.

Testara encourages rights holders and users to act responsibly and in good faith when using the DMCA process.