Legal
DMCA Notice & Takedown Policy
1. Copyright Policy
Aspra respects the intellectual property rights of others and expects users of the Service to do the same. We respond to clear notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512.
Aspra's content model is primarily private journaling and goal-setting — most user content is never shared publicly. Where users have the option to share content with an accountability partner, that content is visible only to the paired partner, not to the public. Aspra itself does not host a public content directory, social feed, or comment system.
2. Designated Agent
The Designated Agent to receive notifications of claimed infringement is:
Aspra DMCA Agent Trackora LLC 8453 N. Silvery Lane Dearborn Heights, Michigan 48127 United States Email: [email protected] Phone: +1 (313) 955-6325
This Designated Agent will be registered with the United States Copyright Office at dmca.copyright.gov as required by 17 U.S.C. § 512(c)(2). Registration is a prerequisite for safe-harbor protection under § 512(c).
3. Filing a Takedown Notice
To file a DMCA takedown notice with Aspra, send a written notice via email to [email protected] with the subject line "DMCA Takedown Notice". The notice MUST include all six elements required by 17 U.S.C. § 512(c)(3)(A):
- A physical or electronic signature of a person authorized to act on behalf of the copyright owner.
- Identification of the copyrighted work claimed to have been infringed. If multiple works at a single online site are covered by a single notification, a representative list of works at that site is acceptable.
- Identification of the material claimed to be infringing that is to be removed or to which access is to be disabled, and information reasonably sufficient to locate the material. Because most content on the Service is private and not publicly accessible, identification typically requires the username or account email of the alleged infringer.
- Your contact information, including name, address, telephone number, and email address.
- A statement that you have a good-faith belief that the use of the material complained of is not authorized by the copyright owner, its agent, or the law.
- 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.
Notices that do not include all six elements may be rejected or returned for completion.
4. Counter-Notice Procedure
If you receive a notice from Aspra that your content has been removed in response to a DMCA takedown notice, and you believe the takedown was based on mistake or misidentification, you may submit a counter-notice. Send a written counter-notice via email to [email protected] with the subject line "DMCA Counter-Notice" containing all four elements required by 17 U.S.C. § 512(g)(3):
- Your physical or electronic signature.
- Identification of the material that was removed and the location at which the material appeared before it was removed.
- A statement under penalty of perjury that you have a good-faith belief that the material was removed as a result of mistake or misidentification.
- Your name, address, telephone number, and a statement consenting to the jurisdiction of the federal district court for the judicial district in which your address is located (or, if outside the United States, for any judicial district in which Aspra may be found), and that you will accept service of process from the person who provided the original takedown notice or that person's agent.
Upon receipt of a complying counter-notice, we will forward the counter-notice to the party who filed the original takedown notice. If that party does not file an action seeking a court order against you within 10 to 14 business days, we may restore the removed material at our discretion.
5. Repeat Infringer Policy
It is our policy to terminate, in appropriate circumstances, the accounts of users who are repeat infringers of copyright. A user may be designated a repeat infringer if they have been the subject of two or more valid DMCA takedown notices, or if they have otherwise repeatedly demonstrated infringing conduct.
Account termination under this policy includes deletion of all associated data per the Privacy Policy and forfeiture of any unused subscription period. Refunds are not provided for accounts terminated under this policy.
6. Misrepresentation
Please note that under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material or activity is infringing, or that material was removed by mistake or misidentification, may be liable for damages, including costs and attorneys' fees, incurred by us, the user, or the copyright owner.
We may not act on a notice that we believe was sent in bad faith or as a means of harassment.
7. Other Intellectual Property Claims
This policy applies specifically to copyright claims under US law. For other intellectual property claims (trademark, trade secret, right of publicity, right of privacy), contact [email protected]. For non-US copyright claims, contact [email protected]; we will assess applicability of the relevant regime (EU DSA Article 17, UK Copyright Designs and Patents Act 1988, etc.) and respond accordingly.
8. Contact
DMCA Notices and Counter-Notices: [email protected] Other IP claims: [email protected] Postal: Trackora LLC, DMCA Agent, 8453 N. Silvery Lane, Dearborn Heights, Michigan 48127, United States