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DMCA & Copyright Policy

Last updated: 18 September 2025 | Version: 2025.09.18

⚖️ Intellectual Property Protection

SpicyAPI respects intellectual property rights and expects users to do the same. This policy outlines our procedures for handling copyright infringement claims and our commitment to removing infringing content.

1. Reporting Copyright Infringement

If you believe that content generated through SpicyAPI infringes your copyright, please submit a notice containing the following information to our designated agent:

Required Information:

  • Identification: Clear identification of the copyrighted work(s) claimed to be infringed
  • Location: Identification of the material claimed to be infringing, including URLs or API request IDs
  • Contact Information: Your name, address, telephone number, and email address
  • Good Faith Statement: A statement that you have a good faith belief that the use is not authorized by the copyright owner, its agent, or law
  • Accuracy Statement: A statement that the information in the notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner
  • Signature: Physical or electronic signature of the copyright owner or authorized representative

2. Designated Copyright Agent

Submit DMCA notices to:

Email: contact@spicyapi.com

Subject Line: "DMCA Takedown Notice"

Response Time: Within 2 business days

Note: This contact information is solely for copyright infringement notices. General inquiries sent to this address will not receive a response.

3. Counter-Notification Procedure

If you believe your content was wrongly removed due to a DMCA notice, you may submit a counter-notification containing:

  • Identification of the material removed and its location
  • A statement under penalty of perjury that you have a good faith belief the material was removed by mistake
  • Your name, address, telephone number, and a statement consenting to jurisdiction in your district court
  • Your physical or electronic signature

Restoration: Unless the original complainant files a court action within 10 business days, we may restore the material within 10-14 business days after receiving a valid counter-notification.

4. Repeat Infringer Policy

Three Strikes Policy:

  • First Violation: Warning and removal of infringing content
  • Second Violation: 7-day account suspension and content removal
  • Third Violation: Permanent account termination and ban from all services

We reserve the right to immediately terminate accounts for egregious or willful infringement without prior warnings.

5. Trademark and Trade Dress

5.1 Prohibited Uses: Users may not generate content that:

  • Infringes on registered trademarks or service marks
  • Creates consumer confusion about brand affiliation
  • Dilutes famous marks or tarnishes brand reputation
  • Uses logos or brand elements without authorization

5.2 Reporting: Trademark complaints should be sent to contact@spicyapi.com with proof of trademark registration.

6. Publicity and Privacy Rights

6.1 Real Person Depictions: Content depicting real individuals without consent may violate publicity rights. We will remove such content upon receipt of:

  • Proof of identity of the depicted person
  • Evidence that consent was not provided
  • Demonstration of commercial use or harm

6.2 Celebrity Likeness: Celebrity status does not waive publicity rights. All real-person depictions require explicit consent per our Acceptable Use Policy.

7. Fair Use and Exceptions

We recognize that certain uses may qualify as fair use or fair dealing under applicable law. Factors considered include:

  • Purpose and character of the use
  • Nature of the copyrighted work
  • Amount and substantiality used
  • Effect on the market for the original

Note: Fair use determinations are complex and fact-specific. We may still remove content pending resolution of disputes.

8. Content Filtering and Prevention

Proactive Measures: We implement technical measures to prevent copyright infringement:

  • Automated scanning for copyrighted character names
  • Blocking of known trademarked terms in certain contexts
  • Image recognition for logo and brand detection
  • Database of previously reported infringing content

These measures are not perfect. Users remain responsible for ensuring their use does not infringe intellectual property rights.

9. False Claims

Warning About False Claims:

Submitting false or misleading copyright claims may result in legal liability under Section 512(f) of the DMCA. We reserve the right to:

  • Share false claim information with affected users
  • Pursue damages for harm caused by false claims
  • Report perjurious statements to appropriate authorities

10. Data Retention

We retain DMCA notices, counter-notifications, and related correspondence for a minimum of 6 years for legal compliance and evidence purposes. This includes IP addresses, timestamps, and content identifiers.

11. International Considerations

While we follow DMCA procedures, we also respect international copyright frameworks including:

  • EU Copyright Directive and DSM Directive
  • UK Copyright, Designs and Patents Act
  • Berne Convention requirements
  • WIPO Copyright Treaty obligations

We will comply with valid takedown requests under applicable local laws in jurisdictions where we operate.

IMPORTANT NOTICE:

This policy is provided for informational purposes and does not constitute legal advice. If you have questions about your intellectual property rights, please consult with qualified legal counsel. SpicyAPI acts as a neutral service provider and does not make determinations about the validity of copyright claims.