DMCA Copyright Policy

FitTrainr Inc. ("FitTrainr") respects the intellectual property rights of others and expects users of the FitTrainr platform to do the same. This policy describes the procedure we follow under the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. § 512, when we receive a notice that material on the Service infringes a copyright, and the counter-notification procedure available to users whose material has been removed.

1. Designated Copyright Agent

Notices of claimed copyright infringement should be directed to our designated copyright agent at the following address:

• By email: support@fittrainr.com
• By mail: DMCA Designated Agent, FitTrainr Inc., mailing address to be provided.

Notices sent to any other address may be delayed or disregarded. Only DMCA notices should be sent to the designated agent — other legal correspondence should be directed to support@fittrainr.com.

2. Filing a Notice of Infringement

To be effective under the DMCA, a notice of claimed infringement must be a written communication to our designated copyright agent that includes substantially the following elements, as required by 17 U.S.C. § 512(c)(3):

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material — for example, the full URL of the page on which the material appears, or the username and message identifier within the platform.
4. Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and an email address at which you can be reached.
5. A statement that you have a 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.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Misrepresentations. Under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages, including costs and attorneys' fees, incurred by the alleged infringer or by us as a result of our reliance on the misrepresentation in removing or disabling access to the material. Do not file a notice if you are not certain the use is infringing and not protected by fair use or another defence.

3. What Happens After We Receive a Notice

When we receive a notice that substantially complies with the requirements above, we will (a) promptly remove or disable access to the material identified in the notice, (b) make a good-faith attempt to notify the user who posted the material, including forwarding a copy of the notice (with personal contact details redacted where possible), and (c) keep a record of the notice for our internal records and for any required disclosures.

We may also remove or disable access to material we believe in good faith to be infringing even in the absence of a formal DMCA notice, consistent with our Terms of Service and Acceptable Use Policy.

4. Counter-Notification

If you believe that material you posted on the Service was removed or disabled by mistake or misidentification, you may file a counter-notification with our designated copyright agent. Under 17 U.S.C. § 512(g)(3), an effective counter-notification is a written communication that includes substantially the following:

1. Your physical or electronic signature.
2. 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 or access to it was 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 we may be found, and that you will accept service of process from the person who provided the original notice or an agent of that person.

On receipt of a valid counter-notification, we will forward a copy to the original complaining party and inform them that we will replace the removed material or cease disabling access to it within ten (10) to fourteen (14) business days, unless the original complaining party first files an action seeking a court order against you to restrain the activity relating to the material on the Service.

5. Repeat-Infringer Policy

It is FitTrainr's policy to terminate, in appropriate circumstances, the accounts of users who are repeat infringers of copyright. We may, in our discretion, also terminate the accounts of users who infringe any intellectual property right of others — whether or not there is any repeat infringement — and we may take any other action we consider appropriate under the circumstances, with or without notice.

6. Changes to This Policy

We may update this policy from time to time to reflect changes in law, our procedures, or our designated agent details. The current version is recorded in our legal changelog.