Repeat Infringer Policy

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. As mandated by the Digital Millennium Copyright Act (17 U.S.C. § 512), this policy outlines Datavault’s approach to addressing repeated instances of copyright infringement by account holders, registered users, and any other entity that accesses or uses (each a “User”) of Datavault’s specialized exchanges, including the Datavault AI Information Data Exchange® (“Platform”).

1.2 This Policy applies to all Users of the Platform and any other online service or system operated by Datavault through which Users may upload, store, transmit, display, link to, share, or otherwise make material available.

2. Procedures

2.1 DMCA Notification. Upon receipt of a valid DMCA notification against a User’s account, Datavault will promptly investigate the alleged infringement. User will be given an opportunity to provide a counter-notification to Datavault’s DMCA Agent.

2.2 Identify Repeat Infringement. Datavault will assess whether a User is a repeat infringer based on the following criteria:

(a) the number of valid DMCA notices received against the User’s account;
(b) the severity and nature of the alleged infringements; and
(c) the actions taken by the User to address the alleged infringements.

2.3 Repeat Infringer Notice. Datavault will provide written notice to repeat infringers outlining the findings and the consequences for repeat infringement, including the enforcement measures from Datavault as set forth below.

2.4 Appeals. Users whose accounts have been terminated due to repeat infringement have the right to appeal the decision. Datavault and DMCA Agent will attempt to address the appeal according to its discretion. Datavault’s appeal decision is final, subject to any rights available under applicable law.

3. Enforcement Measures

3.1 General

Datavault may use a graduated response process to address suspected or confirmed infringement, provided that the process remains meaningful and permits termination in appropriate circumstances.

3.2 Possible Measures

Depending on the circumstances, Datavault may take one or more of the following measures:

(a) Remove or disable access to allegedly infringing material;
(b) Notify the subscriber or account holder of the complaint;
(c) Require acknowledgment of the warning or completion of copyright compliance steps;
(d) Restrict uploading, sharing, hosting, linking, posting, streaming, messaging, or other account functionality;
(e) Temporarily suspend the account, subscription, workspace, channel, listing, content, network access, or other access privileges;
(f) Require removal of infringing material or cessation of infringing activity;
(g) Terminate one or more accounts, subscriptions, workspaces, channels, listings, access credentials, or network access privileges; and
(h) Take any other action permitted by the Terms of Service or applicable law.

4. Determining Termination is Appropriate

4.1 Factors

In determining whether termination is appropriate, Datavault may consider the following non-exclusive factors:

(a) The number of valid DMCA notices or credible infringement events associated with the User;
(b) The time period over which the events occurred;
(c) Whether the User has received prior warnings, takedown notices, suspensions, or restrictions;
(d) Whether the User submitted valid counter-notifications and whether any material was restored;
(e) Whether the complaints appear duplicative, abusive, fraudulent, incomplete, unreliable, or legally deficient;
(f) Whether the alleged infringement involves multiple works, multiple rightsholders, multiple accounts, multiple URLs, multiple uploads, or repeated acts after notice;
(g) Whether the User controls, administers, or reasonably can prevent the infringing activity;
(h) Whether the conduct appears to involve mistake, misidentification, fair use, license, authorization, public domain material, or another lawful basis;
(i) Whether termination would be technically feasible, proportionate, and effective; and
(j) Any other facts that Datavault deems relevant.

4.2 Termination Threshold

Unless a different threshold is approved in writing by the Legal Department, Datavault shall ordinarily consider a subscriber or account holder for termination after three (3) valid DMCA notices or other credible infringement events within a twelve (12)-month period. This threshold is an internal operational trigger and does not limit Datavault’s discretion to terminate earlier or later when appropriate.

4.3 Human Review

Before final termination based on repeat infringement, the matter should be reviewed by personnel trained in copyright compliance or escalated to the Legal Department or another designated review team.

4.4 Consistency

Similar cases should be treated in a reasonably consistent manner, subject to differences in service type, user status, evidence quality, severity, recurrence, and operational feasibility.

4.5 Revenue Neutrality

Decisions under this Policy shall not be based on whether the User or its account generates significant revenue for Datavault. Revenue considerations shall not override appropriate copyright enforcement measures.

5. Standard Technical Measures

5.1

Datavault shall accommodate and shall not interfere with standard technical measures, as required by 17 U.S.C. § 512(i)(1)(B), where such measures meet the statutory definition in 17 U.S.C. § 512(i)(2).

5.2 Operational Review

Requests relating to Standard Technical Measures shall be referred to the Legal Department for review, including technical feasibility, cost, interoperability, security, privacy, and compliance considerations.

5.3 No General Monitoring Obligation

Nothing in this Policy requires general monitoring of the Platform or affirmative investigation of users, except as required by applicable law, consistent with Standard Technical Measures, or otherwise voluntarily undertaken by Datavault.

6. Recordkeeping

6.1 Logs

Datavault shall maintain an internal record of valid DMCA notices, takedowns, disabled access events, counter-notifications, reinstatements, warnings, suspensions, account restrictions, terminations, court orders, and other material copyright enforcement events associated with Users. When feasible and legally permissible, records shall associate infringement events with relevant account identifiers, subscriber identifiers, user IDs, URLs, content IDs, IP addresses, device identifiers, organization accounts, workspace accounts, administrator accounts, or other information reasonably sufficient to evaluate repeat infringement.

6.2 Exceptions

Any exception to ordinary enforcement thresholds, termination decisions, reactivation restrictions, or notice processing rules should be documented with the reason for the exception and the approving person or team.

6.3 Data Retention

Unless a longer period is required by law, litigation hold, contract, subpoena, court order, or internal compliance requirement, Datavault should retain repeat infringer records for at least three (3) years from the relevant enforcement event.

6.4 Data Privacy

Records shall be maintained in accordance with applicable privacy, data protection, cybersecurity, and confidentiality obligations. This Policy does not require Datavault to monitor the Platform or affirmatively seek facts indicating infringing activity, except to the extent consistent with standard technical measures and applicable law.

6.5 Auditability

The records should be sufficient to demonstrate that Datavault has adopted, communicated, and reasonably implemented this Policy in a consistent and meaningful manner.

7. Governance

7.1 Ownership

The owner of this Policy is the Legal Department, which is responsible for maintaining the Policy, approving material changes, and overseeing implementation.

7.2 Training

Personnel responsible for processing infringement notices, enforcing account restrictions, reviewing appeals, or making termination decisions should receive periodic training on DMCA requirements, this Policy, recordkeeping, escalation procedures, and appropriate handling of deficient or abusive notices.

7.3 Periodic Review

The Legal Department shall review this Policy at least annually, or more frequently as needed, to account for changes in law, business operations, service design, notice volume, technical measures, litigation risk, and enforcement experience.

7.4 Escalation

Questions concerning material legal risk, repeat infringer determinations, reactivation, Standard Technical Measures, subpoenas, court orders, abusive notices, or disputed ownership should be escalated to the Legal Department.