DMCA & Copyright Policy

AlphaSmith, Inc. [TBD: counsel input] respects the intellectual property rights of others and expects users of the AlphaSmith platform (the “Services”) to do the same. This policy describes how copyright owners may notify us of alleged infringement and how users may respond. Effective date: April 17, 2026.

Filing a DMCA notice

If you believe material on the Services infringes a copyright you own or control, send a written notice to our designated DMCA agent. Before sending a notice, you must consider in good faith whether the material makes fair use of the allegedly copyrighted work under 17 U.S.C. § 107. Good-faith consideration of fair use is a statutory requirement under 17 U.S.C. § 512(c)(3)(A)(v), as interpreted by the Ninth Circuit in Lenz v. Universal Music Corp., 815 F.3d 1145 (9th Cir. 2015). Notices that fail to consider fair use in good faith may constitute a material misrepresentation under 17 U.S.C. § 512(f) and expose the sender to liability for damages.

To be effective under 17 U.S.C. § 512(c)(3), your notice must include:

• A physical or electronic signature of the owner or a person authorized to act on the owner’s behalf.
• Identification of the copyrighted work claimed to have been infringed, or, if multiple works are involved, a representative list.
• Identification of the material claimed to be infringing, with information reasonably sufficient for us to locate it (for example, the URL or a description of where it appears on the Services).
• Your contact information, including address, telephone number, and email address.
• 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.
• A statement, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on the owner’s behalf.

Designated DMCA agent

Send notices to:

[TBD: counsel input — U.S. Copyright Office DMCA agent designation to be filed before public launch; 17 U.S.C. § 512(c)(2). Until registration is complete, the section 512(c) safe harbor is not available and the Services rely on other defenses to any infringement claim.]

Counter-notices

If material you posted was removed or disabled and you believe the removal was the result of mistake or misidentification, you may submit a counter-notice to our DMCA agent containing:

• Your physical or electronic signature.
• Identification of the material that was removed or disabled and the location at which it appeared before removal.
• A statement under penalty of perjury that you have a good-faith belief that the material was removed as a result of mistake or misidentification.
• Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal court for the judicial district in which your address is located (or, if your address is outside the United States, the judicial district in which AlphaSmith is located), and that you will accept service of process from the person who provided the original notice or their agent.

If we receive a valid counter-notice, we may restore the material in 10 to 14 business days unless the original notifier files an action seeking a court order against you.

Repeat-infringer policy

In accordance with 17 U.S.C. § 512(i) and the Fourth Circuit’s guidance in BMG Rights Management (US) LLC v. Cox Communications, Inc., 881 F.3d 293 (4th Cir. 2018), we maintain a meaningful, documented repeat-infringer policy. Our policy follows a three- strikes model:

• First valid notice: the affected user receives a written warning describing the conduct and referring to this policy, and the allegedly infringing material is removed or disabled.
• Second valid notice: in addition to removal of the material, the features of the Services associated with the infringing conduct are suspended for the affected user for 30 days.
• Third valid notice: the user’s account is terminated and they are prohibited from creating new accounts on the Services.

We retain records of strikes sufficient to administer this policy. We may also suspend or restrict access during investigation of an alleged infringement and may terminate an account at any earlier stage where the circumstances warrant it (for example, in cases of clear, large-scale infringement).

Misuse of DMCA notices

Under 17 U.S.C. § 512(f), knowingly making a material misrepresentation in a notice or counter-notice may expose you to liability for damages, including costs and attorneys’ fees.