Terms of Service

These Terms of Service ("Terms") govern Your use of the EnforceShield Software-as-a-Service platform made accessible via the website https://enforceshield.com/ ("the Website"). The EnforceShield SaaS platform is a tool for taking down content online, which infringes the intellectual property rights held by You or the person You represent ("the Services"). The EnforceShield SaaS platform is operated by UAB "Enforceshield" and EnforceShield LLC ("We" or "Us" or "EnforceShield").

The Services are offered for the User's business and professional purposes only.

These Terms form a binding agreement between You and EnforceShield from the moment You submit a Takedown Request to Us.

By submitting a Takedown Request to Us You acknowledge and confirm that You have read these Terms and the Privacy Policy and agree to their provisions in their entirety without any exceptions and/or reservations.

If You use our Services on behalf of another person, whether natural or legal, You are deemed to accept these Terms on behalf of the person You represent. In such cases You furthermore represent and warrant that You have full authority to enter into a binding agreement with Us which shall be binding on the person You represent.

If You do not agree to these Terms or the provisions of the Privacy Policy, You must not start or immediately cease using our Services.

We may ask You to re-affirm or re-accept these Terms if they are presented again in the Website or Services (for example, when significant updates are published or new features are introduced).

For specialized Services or customized content takedown solutions, a written service level agreement may accompany these Terms. In such event, the terms of the written service level agreement shall override any inconsistencies or contradictory Terms that may arise between the two documents.

The Services include only preparation and submission of a Notice or Report to relevant Platforms regarding an infringement of intellectual property rights after a complete Takedown Request is submitted and the applicable takedown fee is duly paid ("the Fee"). Post-submission communication with a relevant Platform and/or processing of a received counter-notice, submission of appeal or escalation of a Notice or Report is subject to individual agreement, including individual Fee arrangement, between EnforceShield and the User.

The Services shall be rendered only after a Takedown Request is duly filed and submitted and the Fee, automatically calculated and specified in the Takedown Request, is duly paid.

EnforceShield shall reserve the right to postpone the start of or suspend the rendering of Services until all necessary information has been submitted by the User and the Fee has been duly paid.

The Fee shall be applied to each Infringing URL included in a Takedown Request, and the total payable amount shall be equal to the aggregate of Fees for all Infringing URL(s) specified in that Takedown Request. Any bulk takedown discounts shall be applied solely at the discretion of EnforceShield and the discount rate may be changed or the discount itself may be revoked at any point unilaterally by EnforceShield.

Payment shall be processed by Our third-party payment processing partners, and by submitting a Takedown Request and completing payment, You authorize such partners to charge the total amount to Your selected payment method.

All Fees are final and non-refundable, except for cases outlined hereinbelow.

A refund shall be available upon Your request if the specific content on an Infringing URL specified in a Takedown Request cannot be taken down due to objective reasons beyond Our control, including where a Platform refuses to take action due to alleged non-infringement for any reason, including but not limited to cases, where the content:

• I) falls outside platform enforcement policies, or
• II) lacks sufficient grounds for removal, or
• III) does not constitute a clear violation under applicable laws.

Refund requests shall be processed and refunds shall be issued within 10 (ten) business days following their submission.

User may apply to receive Services by filling out and submitting a Takedown Request via the form available on the Website at https://enforceshield.com/form/ which shall include:

• (a) Your full legal name, company name (if applicable), contact details (email address);
• (b) live and accessible link(s) to the website(s) containing the content which infringes Your intellectual property rights;
• c) description of the infringement of Your intellectual property rights found on the provided link(s) (optional);
• d) live and accessible link(s) to website(s) where Your Intellectual Property Asset (original content) is being legitimately hosted;
• e) description of Your Intellectual Property Asset which is being used without permission on the Infringing URL(s) (optional);
• f) legal declaration whereby a User declares that the information provided in the Takedown Request is accurate and the User is the Intellectual Property Asset's owner or authorized to act on behalf of the owner of the Intellectual Property Asset who holds the exclusive right that is allegedly infringed and that the User has good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
• g) consent to personal data collection of the purpose of handling the Takedown Request.

If an Infringing URL specified in a Takedown Request is corrupted, inaccessible, incomplete, or otherwise unusable for the purpose of identifying the content infringing Your intellectual property rights or if the infringing content cannot be identified on the Infringing URL based on the information provided in a Takedown Request, EnforceShield shall have no obligation to proceed with preparing and submitting a Notice or Report to a Platform and shall inform the User thereof.

You acknowledge that Platforms may forward or disclose the Notice or Report (and, if necessary, Your contact details and statements) to the uploader, seller, account holder, hosting customer, public copyright infringement database (Lumen database) or other party responsible for the infringement of Your intellectual property rights, and that any such disclosure shall be governed by the relevant Platform's terms and procedures.

Upon receipt of a completed Takedown Request and the applicable Fee, We shall review the contents thereof.

If a Takedown Request is complete and contains all necessary information, We shall proceed to file a Notice or Report. If a Takedown Request is incomplete, We shall contact the relevant User and request for clarifications or additional documentation.

Notice or Report shall be prepared and submitted based solely on the information and materials You provide in Your Takedown Request and in a format that aligns with the relevant Platform's submission requirements.

We shall submit the Notice or Report to the appropriate Platform on Your behalf through the submission channel We deem suitable (including webforms, portals, email addresses, or other channels supported by the Platform).

We may make non-substantive edits to the description of Your Intellectual Property Assets when filling a Notice or Report for clarity, formatting, and compliance with Platform procedures.

In filling a Notice or Report We shall rely conclusively on Your statements, confirmations, and evidence contained in the Takedown Request without independent verification, and We shall not assess the legal sufficiency of any claim or determine the existence, validity or scope of any rights, ownership of any Intellectual Property Assets or legal authorisation.

We shall contact You If a Platform declines to act, rejects a submission, or requests further information due to Platform policies or procedures.

By agreeing to these Terms, the User represents and warrants that:

• All information provided in the Takedown Request is true, accurate, and complete;
• The User is the owner of the infringed Intellectual Property Assets or a duly authorized licensee or is expressly and duly authorized by the owner of the infringed Intellectual Property Assets to enforce their rights and the rights associated with the Intellectual Property Assets are enforceable;
• By filling a Takedown Request User is acting in good faith and believe that the use of the original Intellectual Property Assets on the Infringing URL(s) is not authorized by the Intellectual Property Asset's legitimate owner;
• The Intellectual Property Asset specified in a Takedown Request does not include or otherwise infringe any third party intellectual property assets or rights associated thereto;
• By filling a Takedown Request User is authorizing EnforceShield to prepare and submit a Notice or Report on the User's behalf to a Platform using the information provided in the Takedown Request and furthermore express consent to EnforceShield disclosing the information from the Takedown Request to the Platform to the extent required by its policies and/or procedures;
• As of the moment of submitting a Takedown Request, the Infringing URL(s) are live and accessible;
• The User's (or the Intellectual Property Asset owner's who they represent) intellectual property rights are infringed by the content on the Infringing URL(s);
• Each alleged infringement described in a Takedown Request corresponds to the content found on the Infringing URL(s);
• The User's use of the Services is solely for business and professional purposes and not for consumer purposes;
• User shall not use the Services for abusive, deceptive, or improper purposes, including conduct that is reasonably likely to disrupt or interfere with legitimate website, platform, or e-commerce operations, except where such use is undertaken in good faith for the protection or enforcement of your intellectual property rights;
• User is aware that misrepresentation of Intellectual Property Asset infringement may lead to liability for damages, including costs and attorneys' fees incurred by alleged infringers or Intellectual Property Asset's owners.
• User is not located in, organized under the laws of, or reside in any jurisdiction subject to comprehensive sanctions by either the European Union or the United States, that User is not a restricted party under applicable sanctions or export control laws.

The User further warrants that the Services shall not be used to protect or promote any Intellectual Property Asset, that:

• is offensive, such as that promoting racism, bigotry, hatred or physical harm of any kind against any group or individual;
• harasses or advocates harassment of another person;
• involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
• promotes information that is false, misleading, illegal or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
• infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party or violates any export control laws including, without limitation, promoting an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
• provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18;
• provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
• solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
• you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information);
• engages in commercial activities and/or sales, such as contests, sweepstakes, barter, advertising, and pyramid schemes, without our prior written consent; and
• contains or will contain any disabling mechanism or feature, including any clock, timer, counter, computer virus, cancelbot, worm, software lock, drop dead device, Trojan horse routine, trap door, time bomb or any other codes, designs, routines or instructions that may be used to access, modify, replicate, distort, delete, damage, disrupt or disable the Website or accounts of other Users or any of EnforceShield's operating system software or hardware.

User acknowledges that the list of prohibited Intellectual Property Assets is not exhaustive. EnforceShield shall cooperate with any and all appropriate legal authorities in investigating claims of illegal activity, including, but not limited to illegal transfer or use of copyrighted material. The User acknowledges and agrees that EnforceShield may preserve copies of Intellectual Property Assets and may also disclose them as well as information contained in the User's profiles, folders, transmissions, communications, passwords, or any other information We consider applicable if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with legal process or to enforce these Terms or to respond to claims that any Intellectual Property Assets violate the rights of third-parties or to protect the rights, property, or personal safety of EnforeShield, its other Users and/or the public.

EnforceShield shall be entitled to rely conclusively on these declarations without independent verification and no liability of any kind shall arise for EnforceShield in connection with any dispute, challenge, or claim regarding the truthfulness of these declarations.

EnforceShield reserves the right to immediately suspend or terminate the provision of Services at any time without notice if any of the representations and warranties specified hereinabove are found to be false.

The User is hereby obliged to:

• promptly provide reasonable substantiation of ownership of Intellectual Property Assets and authorization to act on behalf of the owner of the Intellectual Property Assets (if applicable) upon Our request;
• Ensure that all information provided in connection with the Website, the Services, and any Takedown Request is true, accurate, and complete, and that the User shall promptly update such information as necessary to keep it true, accurate, and complete;
• Cooperate with EnforceShield by responding to Our reasonable requests for clarifications or additional documentation needed to thoroughly review the alleged infringement case and/or to align a Notice or Report with Platform-specific submission requirements;
• Not submit any Takedown Request that is false, misleading, inaccurate, incomplete, or made in bad faith;
• Not misuse the reporting process to harass, pressure, or gain an unfair competitive advantage over any third party;
• Not misrepresent Your identity, Your ownership of any intellectual property rights, or Your authority to act on behalf of an intellectual property owner;
• Keep account credentials (if any) confidential, implement reasonable safeguards to prevent unauthorized access or use of the Website and the Services, and to notify EnforceShield without undue delay of any suspected unauthorized access or security incident relating to Your account or Takedown Request;
• Not interfere with or disrupt the proper functioning of the Website or the Services, including by introducing malware, attempting to bypass or defeat security controls, probing or scanning systems, rate-limit abuse, excessive automated requests, scraping, harvesting, reverse engineering, or accessing any non-public area of the Website or the Services;
• Ensure You have a lawful basis to disclose any personal data included in a Takedown Request and shall not include unnecessary personal data; special categories of personal data shall not be provided unless strictly required for the Takedown Request and permitted by applicable laws;
• Comply at all times with applicable sanctions and export control laws and represent that You are not a restricted party and are not located in a comprehensively sanctioned jurisdiction;
• At all times comply with applicable sanctions, export controls, and other mandatory laws when using the Services;
• Use the Website and the Services in accordance with applicable laws, court orders, and the relevant Platform terms, rules, and procedures for submitting Notices or Reports.

Any breach of the obligations set forth hereinabove may result in refusal, suspension, or termination of access to the Website or provision of Services.

All intellectual property rights, including, but not limited to, copyright, in and to the Website and the Services, including all software, code, architectures, algorithms, workflows, user interfaces, databases, compilations, documentation, forms and all updates and improvements thereto ("EnforceShield IP"), are and shall remain owned by EnforceShield.

Subject to these Terms, EnforceShield grants You a limited, revocable, non-exclusive, non-transferable, and non-sublicensable license to access and use the Website and the Services solely for commercial purpose of filling and submitting Takedown Requests and receiving the Services.

You shall not copy, reproduce, publicly display, distribute, adapt, translate, or create derivative works of the EnforceShield IP except as strictly necessary to use the Website and the Services as permitted by these Terms.

All trademarks and/or visual logos displayed on the Website or used in connection with the Services are the property of EnforceShield or their respective owners, and nothing in these Terms shall grant any license or right to use any of the foregoing except as necessary to identify Platforms or submit Takedown Requests. Any third party Intellectual Property Assets found on the Website, such as trademarks or visual logos, are used descriptively for the sole purpose of indicating the characteristics of EnforceShield's Services and identifying the relevant Platforms and not for the purpose of expressing or implying any affiliation, association, partnership or other business relationship between EnforceShield and the relevant Platforms.

By submitting a Takedown Request You grant EnforceShield a non-exclusive, worldwide, royalty-free license to host, copy, format, edit for clarity or technical compliance, transmit, and otherwise use Your Intellectual Property Assets solely for the purpose of providing Our Services to You.

Nothing in these Terms and/or the fact of provision of Services to You grants You a right, title or claims in the brand name "Enforceshield" or any other EnforceShield IP. Any public use of the "Enforceshield" trademark, logos and/or likenesses thereof and/or any other piece of EnforceShield IP are subject to prior written approval of EnforceShield.

Your personal data and any personal data contained in a Takedown Request shall be processed in accordance with Our Privacy Policy.

By using our Services, You acknowledge that You have read and understood the Privacy Policy.

We may disclose Your personal data to Platforms to the extent necessary to submit a Notice or Report and as required by Platform procedures, including possible disclosure of Your contact details.

Payments shall be processed by Our third-party payment processing partners. We shall not store or process full payment card numbers, and related data shall be handled by those partners in accordance with their terms and applicable standards.

We do not provide legal advice, legal opinion, and/or legal recommendation(s) to any User about available legal remedies, defenses, legal right protection and/or enforcement strategies.

Any results produced by our free Amazon IP infringement Detection Tool found on enforceshield.com/audit cannot and shall not be considered as final or conclusive. The results produced by the tool are based solely on the information provided by a User (such as a link to an Amazon listing including its unique ASIN number) and do not accurately reflect the actual or potential extent of intellectual property infringements on the Amazon marketplace.

The use of Our Services does not create attorney - client relationship or any other relationship akin thereto between EnforceShield and the User and/or the person the User represents. In using EnforceShield's services You are deemed to represent Yourself in a specific legal matter. As such, any communication between the User and EnforceShield is not protected by an attorney-client privilege.

Any information related to any intellectual property enforcement cases and/or strategies online published on the Website or communicated by EnforceShield's employees or service providers to any User is not and cannot be considered legal advice and therefore EnforceShield does not warrant or guarantee that the information is correct, complete or up-to-date.

In rendering the Services, We may engage third-party service providers, which may include duly licensed attorneys, to help deliver the Services, and any such providers shall act on our behalf; their involvement does not create an attorney - client relationship with You, unless You and such attorney enter into a separate written engagement.

The Website and the Services are provided on an "as-is" and "as-available" basis, and EnforceShield makes no representations, provides no warranties or guarantees, whether express or implied, regarding the removal, disabling, suppression, or other enforcement outcome of the submission of Notices or Reports to relevant Platforms. By agreeing to these Terms, the User acknowledges that all such outcomes are determined solely by third parties (the relevant Platforms) which are beyond EnforceShield's influence, control and discretion (including without limitation acceptance, rejection, delay, reversal, partial action, counter-notice handling, appeals, policy changes, technical issues, and account actions).

EnforceShield does not and shall not warrant that the functioning of the Website or the provision of Services shall be uninterrupted, timely, secure or error-free. EnforceShield undertakes to use maximum reasonable effort to make the Website live and/or resume the provision of Services without undue delay after the reasons for interruption disappear.

EnforceShield, its directors, officers, employees, agents, and affiliates cannot and shall not be held liable to the maximum extent permitted by applicable law for any rejected, delayed, partial, reversed, or otherwise unfavourable removal or enforcement result (including without limitation direct, indirect, incidental, special, exemplary, punitive, or consequential damages; lost profits, revenue, or goodwill; business interruption; penalties; platform fees; or reputational harm), whether in contract, tort (including negligence), strict liability, or otherwise.

EnforceShield shall not be liable for any direct or indirect damages to the Intellectual Property Asset owner or the third party whose content was taken down on the basis of a Takedown Request, whether pecuniary or non-pecuniary, including, but not limited to loss of profits, revenue, business, goodwill, data, or anticipated savings; business interruption or costs of substitute services, whether asserted in contract, tort (including negligence or gross negligence), strict liability, statute, or otherwise.

EnforceShield shall rely conclusively on the information, materials, statements, and confirmations included in a Takedown Request and related submissions without independent verification; EnforceShield shall have no duty to confirm, investigate, monitor, police, or adjudicate the existence, validity, scope, ownership or authorization for any intellectual property rights, and no liability shall arise if the Intellectual Property Assets do not belong to You or if You are not duly authorised to exercise the rights associated with such Intellectual Property Assets.

EnforceShield does not and shall not warrant that any monitoring, identification, or reporting processes (if any) shall detect, flag, or address all instances of alleged infringement, or that any Platform procedures, forms, web portals, contact points, or rules shall remain available or unchanged.

Third-party sites, services, Platforms, networks, and tools are operated by third parties. EnforceShield does not control them and makes no warranties regarding their availability, content takedown policies, processes, response times, or actions.

In the event a User violates these Terms Agreement through improper or abusive use of the Services, EnforceShield reserves the exclusive right to terminate the Services without notice. EnforceShield also reserves the right to immediately terminate its Service to any User for any flagrant or repeat violations of these Terms.

No action or inaction by EnforceShield, including any discretionary request for substantiation or additional documentation, shall create or imply any duty to verify, investigate, monitor, police, or adjudicate any rights, and no liability shall arise from EnforceShield declining to proceed where a Takedown Request is inaccurate, incorrect, incomplete, or otherwise unsuitable for acting as a basis for a Notice or Report.

The limitations, exclusions, and disclaimers in this section shall apply to the fullest extent permitted by applicable law.

You shall indemnify, defend, and hold harmless EnforceShield, its directors, officers, employees, agents, affiliates, service providers (including any duly licensed attorneys engaged by EnforceShield), and successors and assigns, from and against any and all claims, demands, actions, investigations, proceedings, liabilities, losses, damages, penalties, fines, judgments, settlements, costs, and expenses (including reasonable attorneys' fees and costs) arising out of or relating to:

• (a) any Takedown Request, Infringing URL(s), or any Notice or Report prepared or submitted by EnforceShield on Your behalf;
• (b) any information, materials, statements, confirmations, User-submitted content, or Your Intellectual Property Assets that You specify to EnforceShield for the purpose of receiving the Services;
• (c) any allegation that You lack ownership of, or authority over, the rights identified in a Takedown Request, including disputes concerning validity, scope or authorization;
• (d) any allegation of wrongful takedown, misrepresentation, unfair competition, defamation, or abuse of process (including claims under 17 U.S.C. §512(f) or analogous laws) connected to a Notice or Report;
• (e) any breach by You of these Terms or of applicable laws, court orders, or Platform rules and procedures in connection with a Takedown Request; and
• (f) any personal data or other information You choose to include in a Takedown Request or otherwise provide to EnforceShield for the purpose of receiving the Services.

The indemnity in this Section shall extend to, and may be enforced directly by, any Platform to which EnforceShield submits a Notice or Report on Your behalf as an intended third-party beneficiary solely with respect to claims arising from such Notice or Report and the underlying Takedown Request.

Upon written notice of a claim subject to indemnity, You shall promptly assume the defense with legal counsel. EnforceShield shall have the right to participate in the defense with its own counsel at its own cost, without prejudice to Your duty to defend. If You fail to assume the defense promptly, EnforceShield may defend the claim, and You shall reimburse EnforceShield on demand for all defense costs and expenses. You shall not settle any claim without EnforceShield's prior written consent if the settlement imposes any obligation on EnforceShield, admits liability on EnforceShield's part, affects EnforceShield's rights, or fails to provide a full and unconditional release of EnforceShield. EnforceShield may settle any claim it reasonably deems appropriate if You do not provide prompt written assurances of Your defense and indemnity obligations.

Your obligations under this section shall apply to the maximum extent permitted by applicable laws, regardless of whether any claim is caused in part by EnforceShield's acts or omissions, and shall be in addition to, and not in lieu of, any other remedies available to EnforceShield. This section shall survive termination or expiration of these Terms.

The provisions of these Terms shall be construed in accordance with UNIDROIT Principles of International Commercial Contracts (UPICC).

Any disputes between EnforceShield and You which arise out of or are related to these Terms and/or the provision of Services hereunder, shall first be resolved amicably by way of negotiation.

If an amicable settlement is not reached, the dispute is further litigated by way of arbitration administered by the International Centre for Dispute Resolution (ICDR) in accordance with its International Dispute Resolution Procedures. The arbitration hearing shall be conducted remotely by means of the video conferencing platform designated by the ICDR. The language of the arbitration proceedings shall be English language. The prevailing party of a dispute shall be entitled to full and complete reimbursement of its legal representation costs as well as any pecuniary damages not covered by the representation costs.

These Terms may be updated at any time at the sole discretion of EnforceShield. Any changes hereto shall take effect upon posting on the Website and shall apply prospectively to Takedown Requests submitted after the effective date. If You do not agree to the updated Terms, You shall cease using the Website and the Services.

EnforceShield may suspend or discontinue the Website or the Services, in whole or in part, to comply with law, address security or integrity risks, or for operational reasons; Section 10 shall govern any related disclaimers and limitations.

Neither party shall be liable for any delay or failure to perform any of its obligations under these Terms, to the extent caused by events beyond its reasonable control, including acts of God, natural disasters, epidemics, labor disputes, governmental actions, wars, terrorism, civil unrest, failures of utilities or telecommunications, or widespread Platform outages ("Force Majeure Event"). Performance of obligations shall be excused for the duration of the Force Majeure Event and resume as soon as reasonably practicable.

No failure or delay by either party to enforce any provision of these Terms shall constitute a waiver of that or any other provision; any waiver shall be effective only if in a written instrument signed by the waiving party and shall be limited to the specific instance and purpose stated therein.

For general questions, support, or notices, please use the contact channels identified on the Website.

Contact e-mail address: [email protected]