DMCA & Copyright Policy

1. Scope

The Service stores material at the direction of its users: brand logos, email template copy, campaign names, and similar content. This policy covers that material.

It does not cover content on a customer’s own website, nor material hosted by Stripe or any other third party. If the material you are complaining about is not stored by us, we cannot remove it, and your notice should go to the party that hosts it.

2. Designated Agent

Notices of claimed infringement must be sent to our designated agent:

3. Filing a Takedown Notice

To be effective under § 512(c)(3), a notice must be a written communication that includes substantially all of the following:

1. A physical or electronic signature of a person authorised to act on behalf of the owner of the exclusive right allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or — if multiple works at a single site are covered by one notice — a representative list of those works;
3. Identification of the material claimed to be infringing, with information reasonably sufficient to let us locate it (a URL, account email, campaign name, or template identifier);
4. Information reasonably sufficient for us to contact you: address, telephone number, and email address;
5. A statement that you have a good-faith belief that the use is not authorised by the copyright owner, its agent, or the law;
6. A statement that the information in the notice is accurate, and under penalty of perjury, that you are authorised to act on behalf of the owner.

An incomplete notice may not trigger our obligations. Before sending one, please consider whether the use might be fair use — the Ninth Circuit held in Lenz v. Universal that a copyright holder must consider fair use before issuing a takedown.

4. What We Do on Receipt

1. We acknowledge the notice, normally within 2 business days;
2. If it is facially compliant, we expeditiously remove or disable access to the material;
3. We notify the affected account holder, provide a copy of the notice, and explain the counter-notice procedure;
4. We record the notice against the account for the purposes of Section 6.

We may redact your personal contact details from the copy we forward, but the substance of the notice — including your identity as complainant — is disclosed to the account holder. That disclosure is required for a counter-notice to be possible.

5. Filing a Counter-Notice

If your material was removed and you believe that was a mistake or a misidentification, you may send a counter-notice under § 512(g)(3) containing:

1. Your physical or electronic signature;
2. Identification of the material removed and the location at which it appeared before removal;
3. A statement under penalty of perjury that you have a good-faith belief the material was removed as a result of mistake or misidentification;
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, to any judicial district in which we may be found — and that you will accept service of process from the complainant or its agent.

On receipt of a compliant counter-notice we forward it to the original complainant. Unless the complainant notifies us within 10 business days that it has filed an action seeking a court order to restrain the activity, we may restore the material in 10 to 14 business days after receipt.

6. Repeat Infringer Policy

As § 512(i) requires, we have adopted and reasonably implement a policy for terminating, in appropriate circumstances, the accounts of subscribers who are repeat infringers:

• Each valid, uncontested notice is recorded as a strike against the account;
• A strike is withdrawn where a counter-notice succeeds or the complainant retracts;
• Three strikes within 12 months results in account termination;
• A single instance of egregious or clearly wilful infringement may result in immediate termination regardless of strike count.

Termination under this policy is termination for cause; no refund is due under the Refund Policy.

7. Misrepresentation

Under § 512(f), a person who knowingly materially misrepresents that material is infringing — or that it was removed by mistake — is liable for damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or licensee, or by us.

Do not send a takedown notice to resolve a contract, billing, or competitive dispute.

8. Trademark Complaints

The DMCA covers copyright only. If a customer is using your trademark in a brand name, logo, or email template without authorisation, email legal@paymentrecoverysystem.com with your mark, its registration number and jurisdiction if registered, the material complained of, and the basis for your claim. We evaluate trademark complaints on their merits; there is no statutory notice-and-takedown procedure to follow.

Impersonation of a brand in recovery email is separately prohibited by the Acceptable Use Policy and is treated as a security matter, not merely a commercial one.

9. Our Intellectual Property

The Payment Recovery System name, logo, wordmark, user interface, documentation, and source code are our property, protected by copyright and trademark law. Your subscription grants a limited licence to use the Service, described in Section 7 of the Terms of Service — it grants no rights in our marks.

Content you create in the Service — templates, campaign configurations, brand assets — remains yours. You grant us only the licence needed to host and transmit it in order to provide the Service.