DMCA & Copyright Policy

1. Intellectual Property Commitment

Dyva, Inc. ("Dyva," "we," "us") respects intellectual property and expects the same from everyone on the platform. We comply fully with the Digital Millennium Copyright Act (17 U.S.C. 512). When we receive a valid infringement notice, the material comes down.

This policy covers all content on Dyva -- character configurations, descriptions, images, voice samples, Marketplace listings, feed posts, and any other user-generated or AI-generated content. If it is on our platform and it infringes your copyright, we want to know about it.

2. Filing a DMCA Takedown Notice

If you are a copyright owner (or authorized to act on one's behalf) and believe content on Dyva infringes your copyright, send a written notice under 17 U.S.C. 512(c)(3) to our Designated Agent. Your notice must include:

• Identification of the copyrighted work. Describe the work you claim was infringed. If multiple works are involved, a representative list is fine.
• Identification of the infringing material. Tell us exactly what you want removed, with enough detail for us to find it. URLs are the fastest way to point us to specific content.
• Your contact information. Name, mailing address, phone number, and email so we can reach you and, if needed, forward your details to the content poster as required by law.
• Good faith statement. A statement that you believe in good faith the use of the material is not authorized by the copyright owner, their agent, or the law.
• Accuracy statement under penalty of perjury. A statement that your notice is accurate and, under penalty of perjury, that you are authorized to act for the copyright owner.
• Signature. A physical or electronic signature of the copyright owner or authorized agent. A typed full legal name counts.

Send your notice to:

Our Designated Agent is on file with the U.S. Copyright Office. Incomplete notices may not receive a response -- we may ask for more information before processing. Once we receive a valid notice, we promptly remove or disable access to the material and make reasonable efforts to notify the content poster.

Important: under 17 U.S.C. 512(f), knowingly misrepresenting that material is infringing may result in liability for damages, including attorney's fees. Consider whether the use qualifies as fair use under 17 U.S.C. 107 before filing.

3. Counter-Notification

If your content was removed and you believe it was a mistake or misidentification, you can file a counter-notification under 17 U.S.C. 512(g)(3). Your counter-notification must include:

• Identification of the removed material. Describe what was removed and where it originally appeared. URLs or character/listing identifiers work best.
• Statement under penalty of perjury. A statement that you believe in good faith the material was removed by mistake or misidentification.
• Consent to jurisdiction. A statement consenting to the jurisdiction of the Federal District Court for the district where you reside (or, if outside the US, any district where Dyva is located), and that you will accept service of process from the original complainant.
• Signature. Your physical or electronic signature. A typed full legal name counts.

Send counter-notifications to the same Designated Agent address above, with the subject line "DMCA Counter-Notification."

Once we receive a valid counter-notification, we forward it to the original complainant. If they do not file a court action within 10 business days, we restore your content within 10-14 business days per 17 U.S.C. 512(g)(2)(B)-(C).

Filing a counter-notification may lead to legal proceedings between you and the complainant. If you are unsure whether your content was legitimately removed, consult an attorney before filing.

4. Repeat Infringer Policy

Per 17 U.S.C. 512(i), we terminate repeat infringers. Here is how the strike system works:

• First strike. Infringing material is removed. You receive a formal warning detailing the infringement and the consequences of further violations.
• Second strike. Material removed, another warning issued. We may suspend your ability to upload content or publish Marketplace listings for up to 30 days.
• Third strike. Account permanently terminated. All access revoked. All Marketplace listings removed. Pending revenue share payments below the minimum payout threshold may be forfeited.

We reserve the right to terminate any account immediately for egregious infringement, even on a first offense. Strikes that are successfully resolved through the counter-notification process (where the complainant did not pursue court action) do not count toward your total.

5. AI-Generated Content

AI complicates copyright, and we take that seriously. Here is how we handle it:

• AI outputs on Dyva. Content generated by AI characters during conversations is produced in real time and is not a reproduction of any specific copyrighted work. However, if AI-generated content substantially reproduces protected material, we treat valid DMCA notices the same way we treat any other -- the content comes down.
• Character personalities and configs. The creative expression in a character's configuration -- its personality design, custom instructions, backstory, and behavioral parameters -- may be protectable. Copying another creator's character config wholesale is treated as potential infringement and is subject to takedown.
• Training data concerns. If you believe Dyva's AI systems were trained on your copyrighted material and are reproducing it in outputs, contact us at legal@dyva.ai with specific examples. These situations may not fit neatly into the DMCA framework, but we review every good-faith claim and take appropriate action.
• Voice and media. AI-generated voice outputs, images, comics, and videos are subject to the same copyright rules as any other content. If your copyrighted audio, visual, or audiovisual work is being reproduced through our generation tools, file a notice.

6. Creator Marketplace IP

The Marketplace runs on original work. Creators retain ownership of the characters they publish, subject to the license granted in the Creator Agreement.

• Originality required. Every Marketplace listing must be original or properly licensed. Publishing characters that substantially replicate another creator's work without permission is a violation.
• Creator-to-creator disputes. If you believe another creator has copied your work, file a DMCA notice following the process in Section 2. We process creator-to-creator takedowns through the same procedure as any other copyright claim.
• Licensed content. If you are publishing a character based on licensed IP (with the rights holder's permission), be prepared to provide documentation of that license if challenged. The burden of proof is on you.

7. Contact

For DMCA notices, counter-notifications, and copyright questions:

For non-copyright IP concerns (trademarks, trade secrets, patents), contact legal@dyva.ai with a detailed description of your claim. This policy covers copyright under the DMCA only, but we review all good-faith IP claims and take appropriate action under applicable law and our Terms of Service.