DMCA Takedown Procedures

Effective Date: April 22, 2026

1. Purpose and Scope

1.1 Datavault respects third-party intellectual property rights and expects its account holders to do the same. When Datavault receives a DMCA notification, the following procedures shall be followed. These procedures are part of the implementation of Datavault’s Repeat Infringer Policy.

1.2 Datavault shall designate a specific person or group who is responsible for implementing these procedures (“the Operator”).

2. DMCA Notice and Takedown

2.1 Upon receipt of a DMCA notification against a User’s account, the Operator will determine whether the notification is valid (“Valid Notice”). To be a Valid Notice, it must be written, sent to Datavault’s DMCA Contact, identify the infringed work, include specific URLs of the infringing materials (“Content”), include contact information of the submitter, and a good faith statement under penalty of perjury, or other requirements set forth in 17 U.S.C. § 512(c)(3)(A).

2.2 Once a notification has been deemed a Valid Notice, the Operator will promptly investigate the alleged infringement. This includes determining if the Content actually infringes on the copyright, and determining whether the usage constitutes fair use.

2.3 Once the Operator determines that a Valid Notice identifies impermissible copyright infringement, the Operator will:

(a) take down the Content;
(b) notify the User that the Content has been taken down in response to a DMCA notification; and
(c) provide other information that the Operator believes is reasonably necessary to inform the User of the basis for the takedown.

2.4 Upon receipt of a DMCA counter-notification from the User whose Content was taken down, the Operator will determine if the notification is valid (“Valid Counter-Notice”). To be a Valid Notice, it must be written, sent to Datavault’s DMCA Contact, identify the Content, include a statement of good faith belief that the removal was a mistake, and consent to federal court jurisdiction.

2.5 Upon receipt of a Valid Counter-Notice, the Operator must wait 10–14 days. If the copyright owner sues the User in that time frame for infringement based upon the Content, the Operator will keep the Content off the Platform. If no suit is filed in that time frame, the Operator will restore the Content.

3. Other Enforcement

3.1 The Operator will log all Valid Notices and Valid Counter-Notices consistent with Datavault’s Repeat Infringer Policy.

3.2 The Operator will determine what other enforcement (if any) against the User is appropriate, consistent with the Repeat Infringer Policy.