DMCA Policy

Fizzly AI respects the intellectual property rights of others and expects users of our services to do the same. In accordance with the Digital Millennium Copyright Act of 1998 ("DMCA"), we will respond expeditiously to claims of copyright infringement committed using our platform.

This policy applies to all user-generated content on Fizzly AI, including AI-generated images, videos, custom LoRA models, profile information, and any promotional content shared through our services.

If you believe that content available on or through Fizzly AI infringes your copyright, you may submit a written notification containing the following information:

1. Identification of the Work A description of the copyrighted work that you claim has been infringed. If multiple copyrighted works are covered by a single notification, provide a representative list.

2. Identification of the Infringing Material Information reasonably sufficient to permit us to locate the material on our platform. This should include direct URLs or other specific identifying information.

3. Contact Information Your name, mailing address, telephone number, and email address where we can contact you.

4. Good Faith Statement A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

5. Accuracy Statement A statement, made under penalty of perjury, that the information in the notification is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

6. Signature Your physical or electronic signature.

If you believe that material you posted was removed or disabled by mistake or misidentification, you may file a counter-notification containing:

1. Identification of the Material Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed.

2. Statement Under Penalty of Perjury 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.

3. Consent to Jurisdiction 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, any judicial district in which Fizzly AI may be found.

4. Contact Information and Signature Your name, address, telephone number, and your physical or electronic signature.

Upon receipt of a valid counter-notification, we will forward it to the party who submitted the original DMCA notification. If the original complainant does not notify us within 10-14 business days that they have filed a court action, we may restore the removed material.

All DMCA notices and counter-notices should be sent to our designated agent:

Fizzly AI Legal Department Email: [email protected]

Please include "DMCA Notice" or "DMCA Counter-Notice" in the subject line. We aim to acknowledge receipt within 24 hours and complete initial review within 1-2 business days.

In accordance with the DMCA, we maintain a policy for terminating the accounts of repeat infringers in appropriate circumstances.

Strike System: - First violation: Content removed and warning issued - Second violation: Temporary account suspension (7 days) - Third violation: Extended suspension (30 days) - Fourth violation: Permanent account termination

Successful counter-notices will result in the removal of the corresponding strike. We review each case individually and reserve the right to terminate accounts for egregious violations regardless of prior history.

We recognize that copyright law as applied to AI-generated content is an evolving area. When evaluating DMCA claims involving AI-generated material, we consider:

- Whether the allegedly infringing content constitutes a substantially similar copy of the original work - The distinction between style inspiration and direct copying - Applicable fair use factors, including the transformative nature of AI-generated works - The source and rights associated with training data used in custom LoRA models

Users are responsible for ensuring they have appropriate rights to any training data used when creating custom models. Creating models specifically designed to infringe copyrights may result in immediate account termination.

Under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing, or that material or activity was removed or disabled by mistake or misidentification, may be subject to liability for damages, including costs and attorneys' fees.

We take the integrity of the DMCA process seriously. Please ensure all information provided in notices and counter-notices is accurate and submitted in good faith.