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Inovamail Legal

Copyright & DMCA Policy

Effective: [EFFECTIVE DATE] · Last updated: [LAST UPDATED DATE] · Version [VERSION]

Inovamail respects intellectual-property rights and responds to valid copyright notices. Because Inovamail is a zero-knowledge, end-to-end encrypted service, we cannot see the content of E2E-encrypted messages and cannot proactively scan for infringing material; we act on properly submitted notices instead. This summary is for convenience and does not replace the full text below.

Contents

  1. 1. Our respect for intellectual property
  2. 2. Note on encryption
  3. 3. Filing a copyright infringement notice
  4. 4. Canada's notice-and-notice regime
  5. 5. Counter-notification
  6. 6. Repeat-infringer policy
  7. 7. Misrepresentation liability
  8. 8. Designated agent & how to submit

1. Our respect for intellectual property

Inovamail (operated by [LEGAL ENTITY NAME]) respects the intellectual-property rights of others and expects our users to do the same. Using the Inovamail service (the "Service") to store, send, or share material that infringes another person's copyright violates our Terms of Service and Acceptable Use Policy ("AUP").

This policy explains how copyright owners (or their authorized agents) can notify us of claimed infringement, how affected users can respond, and how we handle repeat infringers. It is intended to align with the United States Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. § 512, and with Canada's "notice-and-notice" regime under the Copyright Act (Canada). We respond to valid notices under applicable law; we do not waive, and this policy does not limit, any defense or protection available to us.

2. Note on encryption

Inovamail is built on zero-knowledge, end-to-end encryption. The content of E2E-encrypted messages, and the files and keys that protect them, are encrypted before they reach our systems. As a result:

  • We cannot view, index, or scan the content of E2E-encrypted messages, and so we cannot proactively detect or monitor for infringing material within that content;
  • We are not obligated to, and do not, actively monitor user content for infringement; and
  • Our ability to act on a notice is limited to what is technically possible given the encrypted, user-controlled nature of the data — for example, addressing an account or publicly accessible material rather than decrypting private content, which we are unable to do.

Nothing in this policy requires Inovamail to decrypt, or attempt to decrypt, any content, or to take any action that is technically infeasible. Where we can reasonably act on a valid notice (for example, in relation to an account or material that is not E2E-encrypted or is made publicly available through the Service), we will do so as described below.

3. Filing a copyright infringement notice

If you are a copyright owner, or authorized to act on behalf of one, and you believe material available through the Service infringes your copyright, you may send a written notice to our designated agent (Section 8). To be effective under the DMCA (17 U.S.C. § 512(c)(3)), your notice must include substantially all of the following:

  1. Identification of the copyrighted work claimed to have been infringed (or, if multiple works, a representative list);
  2. Identification of the material that is claimed to be infringing and that is to be removed or access to which is to be disabled, with information reasonably sufficient to permit us to locate the material (such as a URL, message identifier, address, or account);
  3. Your contact information — name, mailing address, telephone number, and email address;
  4. 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. A statement that the information in the notice is accurate, and under penalty of perjury, that you are the owner or are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; and
  6. Your physical or electronic signature.

Incomplete notices may not be actionable. If your notice does not substantially comply with the requirements above, we may be unable to act on it. Do not send incomplete notices and then rely on us to follow up.

4. Canada's notice-and-notice regime

Inovamail is operated from Canada. Under the "notice-and-notice" provisions of the Copyright Act (Canada), when we receive a compliant notice of claimed infringement relating to a Canadian user or activity, our obligation is generally to forward that notice to the relevant user (where we are reasonably able to identify and reach the account associated with the claim) and to retain certain records, rather than to remove content or disclose the user's identity.

How this differs from a U.S. takedown

  • The Canadian regime is notice-and-notice, not notice-and-takedown. Forwarding a notice does not require us to remove or disable material, to determine whether infringement occurred, or to reveal who the user is.
  • A valid notice under the Canadian regime must comply with the requirements of the Copyright Act (Canada). We may decline to forward notices that do not comply, that contain settlement demands or payment requests where prohibited, or that are otherwise abusive.
  • Where the DMCA applies, we may in addition remove or disable access to material we are technically able to reach, consistent with Section 512.

Because of our zero-knowledge design (Section 2), forwarding a notice to a user does not give Inovamail access to the encrypted content that is the subject of the notice.

5. Counter-notification

If material of yours was removed or disabled in response to a DMCA notice and you believe it was removed as a result of mistake or misidentification, you may submit a written counter-notification to our designated agent (Section 8). To be effective under 17 U.S.C. § 512(g), it must include substantially all of the following:

  1. Your physical or electronic signature;
  2. Identification of the material that was removed or disabled and the location at which 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;
  4. Your name, address, and telephone number; and
  5. A statement that you consent to the jurisdiction of the U.S. federal court for the judicial district in which your address is located (or, if outside the United States, any judicial district in which we may be found), and that you will accept service of process from the person who filed the original notice or that person's agent.

If we receive a valid counter-notification, we may restore the removed material in accordance with the DMCA (generally after a statutory waiting period) unless the original complainant notifies us that they have filed a court action seeking to restrain the allegedly infringing activity. We may forward your counter-notification, including the information it contains, to the person who submitted the original notice.

6. Repeat-infringer policy

Inovamail maintains, and reserves the right to enforce, a policy of terminating in appropriate circumstances the accounts of users who are repeat infringers, as determined by Inovamail in its reasonable discretion. Depending on the circumstances, and in addition to any remedy in our Terms of Service and AUP, we may issue warnings, suspend features, disable access, or terminate accounts. Our decision to remove material or terminate an account does not require a judicial determination of infringement.

7. Misrepresentation liability

Under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material is infringing, or that material was removed or disabled by mistake or misidentification, may be liable for damages — including costs and attorneys' fees — incurred by the alleged infringer, by any copyright owner or its authorized licensee, or by us. Submitting a copyright notice or counter-notification is a legal act with legal consequences. Do not make false claims, and consult a lawyer if you are unsure whether material is protected or infringing.

Notices and counter-notifications may be shared with the affected user, the opposing party, and, where appropriate, third-party services (such as published transparency databases). By submitting a notice or counter-notification, you acknowledge and agree to such sharing to the extent permitted by law.

8. Designated agent & how to submit

Send copyright notices and counter-notifications to Inovamail's designated agent:

Copyright / DMCA Agent — Inovamail
Email: [LEGAL EMAIL]
Mail: [LEGAL ENTITY NAME], [NOTICE ADDRESS]

Please include "Copyright Notice" or "DMCA Counter-Notification" in the subject line. We may require reasonable additional information to verify your identity or authority. This contact is for copyright matters only; for general abuse or acceptable-use complaints, see the Acceptable Use Policy, and for other inquiries contact [SUPPORT EMAIL].

Inovamail is operated by [LEGAL ENTITY NAME], a company registered in Canada (Business No. [BUSINESS NUMBER]), [REGISTERED ADDRESS].

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© [EFFECTIVE DATE] [LEGAL ENTITY NAME]. Inovamail and the Inovamail logo are trademarks of their owner. Contact: [SUPPORT EMAIL].