Ofivia hosts files and documents that client companies upload. This page explains how to ask us to take one down, what we do with that request, and what the affected company can do if it believes the takedown was a mistake.
It is written in the same register as the rest: where a clause takes something away from you, we say so in the same sentence that takes it.
1. What this policy covers
This is Ofivia’s own procedure, open to anyone, anywhere, client or not. For anyone reporting from the European Union it is also the notice and action mechanism required by Article 16 of Regulation (EU) 2022/2065, the Digital Services Act.
The company behind Ofivia is [legal entity name], a Delaware corporation, and it is the provider that contracts with every client, wherever that client is. Because the provider is a United States company, section 512 of title 17 of the United States Code applies here in full: the notice, the counter notice, the deadlines and the repeat infringer policy on this page are the ones that section sets.
One thing we do not have, and we would rather write it down than let you find out later. We have not registered a designated agent with the United States Copyright Office. That registration is what opens the safe harbour of section 512(c), so we cannot invoke it while it is missing. It changes nothing in how we handle your notice, which is what the rest of this page describes, and everything in what we could raise in court.
The client uploads the content and answers for it. That clause is in the terms of service. We do not review what gets uploaded beforehand, and section 11 explains why that is deliberate.
2. What you can report
Two tracks, one channel.
Copyright and neighbouring rights infringement: text, an image, a video, audio or any file distributed from the platform without the rightsholder’s authorization. That includes material the agent generated inside the platform, images and video among it, if someone claims it infringes a right.
Any other unlawful content: information that does not comply with United States law, European Union law, the law of a Member State, or Ecuadorian law, whatever the subject matter.
We do not use this channel for contractual disputes between a client company and its suppliers, or for requests to remove content that someone dislikes but that is not unlawful.
3. How to send a notice
Electronically only. A complete notice carries six things:
- The work or the right you are invoking. If several works of the same client are involved, a representative list is enough.
- Where the material is. The exact address you reached it through and, if you know them, the company, the project and the file name.
- Why it is unlawful. A substantiated explanation, not just the assertion that it is.
- How to reach you. Name and email address, plus a phone number or postal address if you want to give them.
- Your good faith statement. That you believe in good faith that the use is not authorized by the rightsholder, its agent or the law, and that the information in the notice is accurate and complete.
- Your signature and your standing. A physical or electronic signature and, when you are claiming copyright, the statement under penalty of perjury that you are authorized to act on the rightsholder’s behalf.
Those six cover both the elements required by 17 U.S.C. 512(c)(3) and the ones required by Article 16.2 of the Digital Services Act. One notice serves both regimes.
A notice missing point 2 or point 3 leaves us unable to locate or assess anything. If it carries contact details, we ask once for what is missing.
4. Where to send it
Copyright and unlawful content notices
[notice contact]
[legal entity name], a Delaware corporation
[registered address]
[notice email]Notices go to the United States entity, which is the one that signs with every client. Ofivia’s team and its servers are in Ecuador; the address for notices is the one above.
We accept notices in Spanish and English. If you write to us through another channel we will ask you to resend it to that address, and the clock starts when the notice arrives there, not before.
5. What we do with it, and how fast
We acknowledge receipt within two business days, provided the notice carries an electronic contact.
A person assesses it. No decision on a notice is taken by automated means today; if that changes, this page will say so first. Handling is timely, diligent, non-arbitrary and objective, and those four words are the Regulation’s, not decoration.
We decide within five business days of holding a complete notice. If we ask for a clarification, the clock runs from your answer. Where the unlawfulness is obvious we act sooner, without waiting for any deadline.
The measure is the smallest one that fixes the problem, in this order: remove the file, which also stops any signed link that was serving it because the link reads the file at the moment of the download; unpublish an agent template; take down a site published from the platform; cut access to the connected application; restrict the project; suspend the account. A signed link already issued is the one thing we cannot revoke, and section 10 says why.
We then tell the reporting party what we decided, why, and how to challenge it.
We tell the affected company what we removed, how far it reaches, for how long, on what grounds and how to respond. We hand them a copy of the notice, and with it the contact details of whoever filed it. We do not process anonymous notices, except those concerning the offences in Articles 3 to 7 of Directive 2011/93/EU, where the law expressly does not require a name or an email.
6. How to contest a takedown
If your company believes we removed something in error or through misidentification, you can file a counter notice. It carries four things, which are the ones in 512(g)(3):
- Your physical or electronic signature.
- Identification of the removed material and of the place where it appeared before removal.
- A statement, under penalty of perjury, that you believe in good faith that the material was removed by mistake or misidentification.
- Your name, address and phone number, plus your consent to the jurisdiction of the federal district court for your address or, if you are outside the United States, of any district where the service provider may be found, and your acceptance of service from the reporting party. That is 512(g)(3)(D), and with the provider being a United States company it applies to every copyright counter notice that reaches us.
We hand a copy of the counter notice to the reporting party, including the contact details you put in it. If you do not want your name and address reaching the other side, do not file one.
On timing, section 512(g)(2) sets the window. From the day your counter notice reaches us we pass it to the reporting party, and we put the material back in not less than ten and not more than fourteen business days. If within that window the reporting party shows us that it has filed a court action seeking to restrain the activity, the material stays down until there is a ruling.
That restoration answers the copyright claim and nothing else. If the same material also breaches the terms of service on another ground, or is unlawful under another rule, it stays down on that ground and we tell you which one.
7. Repeat infringers and account termination
We have a repeat infringer policy, the one section 512(i) requires, we tell clients about it in the terms of service, and we apply it.
How we count: a valid notice that is not overturned by a counter notice counts as one strike. We count per person and per client company. We do not require a court ruling before counting a strike, because then there would be nothing to count.
What happens: on the third confirmed strike by the same person we terminate their access. When strikes are spread across several people in the same company and the pattern holds, we suspend the account and, if it continues, we terminate the contract.
The threshold does not move because a company pays more. A policy applied to some and not to others is not a policy.
Termination for repeat infringement gives no right to a refund of credit already spent. The handover of the vault and the database dump on the way out stays exactly as the terms of service set it, and that part is not up for negotiation.
8. False notices
A notice forces someone to move content and sometimes costs them access to their account. Lying in one has consequences.
Anyone who knowingly and materially misrepresents that material is infringing, or that it was removed by mistake, is liable for the damages, costs and attorney’s fees they cause. That is 512(f), and it cuts both ways: the notice and the counter notice alike.
Before you send a notice, consider whether the use is covered by a copyright limitation or exception, such as quotation, review, parody or fair use where it is recognized. United States courts require that consideration before the notice goes out.
If someone sends us manifestly unfounded notices repeatedly, we warn them once and then stop processing their notices for a reasonable period.
9. If you are in the European Union
The channel is the same. The Digital Services Act additionally gives you acknowledgement of receipt without undue delay, notification of the decision with the redress avenues available, diligent and non-arbitrary handling of the notice, and the right to know whether the decision was taken by automated means. Today it is not.
The affected company is owed a statement of reasons, no later than the day we impose the restriction, covering territorial scope, duration, the facts it rests on and how to respond. That is Article 17.
Article 13 requires a provider without an establishment in the Union to designate a legal representative there. Once designated, their name and address go here: [EU legal representative under DSA Article 13], [Member State]. Until then, authorities can use the address in section 4.
10. What is particular about Ofivia
Almost everything uploaded to Ofivia lives inside one company’s account and cannot be reached from outside. That is why a copyright notice is rare here. But there are four routes by which content can end up in front of a third party, and we would rather say so.
Signed links. When the agent needs an external provider to download a file, the platform publishes a signed link that serves that file and only that file, with no session. It expires after thirty minutes. While it is alive it works for anyone holding the address, and we cannot revoke it. What does stop it is removing the file, because the link reads the file from the vault at the moment of the download.
Embedded views. The connected applications open through an autologin link carrying a signed token that lives five minutes. Whoever holds that address within those five minutes lands inside the application’s session, with no password. After that the token is dead, and a new one is issued only to someone who already has access to the project.
Published sites. A project the company chooses to publish from the platform sits on the open internet, under a subdomain of ours or under the company’s own domain, with no token and no expiry, until it is taken down.
Published agent templates. When a company administrator marks an agent template as published, it goes into the template marketplace for the other client companies, with its name, its objective, its description and the name of the company that published it. A free one is loaded whole into another company’s builder, along with whatever knowledge text was left inside it.
If one of those routes is how you found content you hold rights over, this page is the channel. Tell us the exact address you reached it through, because that is what lets us identify the account.
11. What we do not do, and what we do log
We do not generally monitor what is in the vaults and we do not go looking for infringement on our own. Neither of the two frameworks cited here obliges us to, and doing it would mean reading our clients’ documents. We act on what a notice puts in front of us.
Running a voluntary review in a specific case does not turn us into reviewers of everything else.
We keep an internal log of every notice: what arrived, when, who assessed it, what was decided and what was done. That log is the only thing that later shows this policy was applied and not merely published.
12. Changes
If this policy changes, we update the date in the header. When the change substantially affects the procedure, we email client companies.