DMCA Policy

Designated agent

Cloutware LLC has designated the following agent to receive notices of claimed copyright infringement under the Digital Millennium Copyright Act (17 U.S.C. 512):

• Copyright Agent, Cloutware LLC
• 30 North Gould Street, Suite R, Sheridan, WY 82801, United States
• Phone: +1 805 225 6604
• Email: support@cloutware.io

The designation of this agent with the US Copyright Office is being filed. Once it is registered, it appears in the Copyright Office's public DMCA Designated Agent Directory. Send only copyright notices and counter-notices to this agent. Other questions go to support@cloutware.io with a different subject line.

What Cloutware holds

Cloutware stores the posts its users schedule and the media they upload, and sends them to the social accounts those users connected. Uploaded media is deleted 7 days after upload or 48 hours after its last delivery, whichever comes first. Once a post is published, the copy on the platform is held by that platform, not by Cloutware. To have a published post removed, send a notice to the platform as well. Cloutware acts on what it holds: it removes the material from its storage and cancels scheduled posts that contain it.

How to send a notice of infringement

Send a written notice to the agent above, by email or by post. Under 17 U.S.C. 512(c)(3), the notice must include substantially the following:

1. A physical or electronic signature of a person authorised to act for the owner of the exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to be infringed or, if one notice covers several works, a representative list of them.
3. Identification of the material claimed to be infringing that should be removed or disabled, and information reasonably sufficient for Cloutware to locate it (for example, the Cloutware media link, or the post URL and the account it was published to).
4. Information reasonably sufficient for Cloutware to contact you, such as your address, telephone number and email address.
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law.
6. A statement that the information in the notice is accurate and, under penalty of perjury, that you are authorised to act for the owner of an exclusive right that is allegedly infringed.

If a notice lacks one of these elements, Cloutware tells the sender what is missing before acting on it.

What Cloutware does with a valid notice

1. Removes or disables access to the material promptly, and cancels scheduled posts that contain it.
2. Promptly tells the user who posted it that it was removed, and why.
3. Records the notice against the user's account for the repeat-infringer policy below.

How to send a counter-notice

If material you posted was removed and you believe that was a mistake or a misidentification, you can send a written counter-notice to the agent above. Under 17 U.S.C. 512(g)(3), it must include substantially the following:

1. Your physical or electronic signature.
2. Identification of the material that was removed or disabled, and the location where it appeared before it was removed or disabled.
3. 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 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, if your address is outside the United States, for any judicial district in which Cloutware LLC may be found, and that you will accept service of process from the person who sent the original notice or that person's agent.

What Cloutware does with a valid counter-notice

1. Promptly sends a copy of the counter-notice to the person who sent the original notice, and tells them that Cloutware will restore the material in 10 business days.
2. Restores the material, or lets you schedule it again if the stored copy has already been deleted, not less than 10 and not more than 14 business days after receiving the counter-notice, unless the agent first receives notice that the person who sent the original notice has filed a court action to restrain you from the infringing activity.
3. Removes the strike from your account for the repeat-infringer policy.

False notices

Under 17 U.S.C. 512(f), anyone who knowingly and materially misrepresents that material is infringing, or that material was removed by mistake or misidentification, can be liable for the resulting damages, including costs and attorneys' fees. If you are not sure whether material infringes your copyright, consider getting legal advice before you send a notice.

Repeat infringers

Cloutware terminates, in appropriate circumstances, the accounts of users who are repeat infringers. Each valid notice that is not withdrawn or answered by a valid counter-notice counts as one strike. Cloutware terminates an account that receives 3 strikes within 12 months, and can terminate an account after a single strike when the infringement is wilful or flagrant. A terminated user must not open a new account. This policy is also part of the Terms of Service.