Copyright Policy (DMCA)

1. Scope

Avimath LLC, a Wyoming (United States) limited liability company that provides the avimath service at avimath.com (the "Service"), respects the intellectual property rights of others and responds to notices of infringement that comply with the U.S. Digital Millennium Copyright Act (the "DMCA"), in particular 17 U.S.C. § 512.

This Policy supplements the "Copyright Claims (DMCA)" section of the Legal Notice and supplements the Terms and Conditions. If they conflict, the Terms prevail, without limiting the rights that 17 U.S.C. § 512 gives to copyright owners.

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2. What content it covers

Users on the Premium plan (including the free trial of 72 hours or 50 calculations) can save XLSX files (up to 3 files of 10 MB each) to their account. Those files are private: they are accessible only to the person who uploaded them and, on a restricted basis, to those we need in order to provide the Service or comply with the law (see the Privacy Policy); avimath does not publish them or make them available to other users or to the public.

Even so, if you believe that material hosted on the Service infringes your copyright (for example, if you believe that a user has saved to their account a file that reproduces your work without authorization), you may notify us under this Policy. This Policy is not for other kinds of claims (trademarks, defamation, etc.): for those, write to legal@avimath.com; for requests about personal data, write to privacy@avimath.com.

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3. Designated Contact for Notices

This is the contact designated by Avimath LLC to receive notices and counter-notifications. Notices are received by email at the address above, preferably in English or Spanish; they may also be sent by postal mail to the address shown above.

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4. How to Submit a Notice of Infringement

Send Avimath LLC, at dmca@avimath.com or at the postal address in section 3, a written notice containing, as required by section 512(c)(3) of the DMCA:

1. The 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 works are covered by a single notice, a representative list of them.
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, with information reasonably sufficient to allow us to locate it (for example, the URL, or the file name and account if you know them).
4. Information reasonably sufficient to allow us to contact you (name, postal address, telephone number, and, if available, email address).
5. A statement that you have a good faith belief that 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 notice 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.

A notice that does not contain these elements may not be processed; in that case we may ask you to complete it before we act. Under section 512(f), any person who knowingly materially misrepresents that material or activity is infringing, or that material was removed or disabled by mistake or misidentification, may be liable for the resulting damages, costs, and attorneys' fees incurred by the alleged infringer, the copyright owner, or Avimath LLC. Please therefore submit a notice only when you have a well-founded belief that the material infringes your rights.

By submitting a notice, you understand that we may send a copy of it, with your contact details, to the affected user and, where legally required, to a third party.

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5. Takedown Procedure

On receiving a notice that meets the requirements above, avimath:

1. Removes or disables access to the identified material expeditiously. This may consist of deleting or disabling the identified file or, if it cannot be isolated, suspending access to the account.
2. Promptly notifies the user who provided it, telling them that the material was removed and why, and that they may submit a counter-notification (section 6).
3. Keeps the notice for as long as necessary to show the procedure that was followed. We provide the user, together with the notification or on request, with a copy of the notice, including the contact details of the person who submitted it.

Removing or disabling material is not an admission that infringement has occurred.

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6. Counter-Notification

If we remove or disable material you provided and you believe this was a mistake or a misidentification, you may send a counter-notification to dmca@avimath.com (or by postal mail to the address in section 3, including a contact email address to make communication easier) containing the elements required by section 512(g)(3):

1. Your physical or electronic signature.
2. Identification of the material that was removed or disabled and of the location where it appeared before it was removed or 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.
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 where your address is located (or, if your address is outside the United States, any judicial district in which Avimath LLC may be found) and that you will accept service of process from the person who submitted the original notice or that person's agent.

By submitting a counter-notification, you agree that it will be sent in full, with your contact details, to the person who submitted the original notice.

On receiving a complete counter-notification that meets these requirements, we will send it to the person who submitted the original notice and inform that person that we will replace the material in 10 business days. We will replace it not less than 10 nor more than 14 business days (according to the U.S. calendar, excluding Saturdays, Sundays, and U.S. federal holidays) after we receive the counter-notification, unless that person notifies us beforehand that they have filed a court action seeking an order to restrain you from engaging in the allegedly infringing activity. In that case the material will remain removed and we will let you know.

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7. Repeat Infringers

Under 17 U.S.C. § 512(i), we terminate, in appropriate circumstances, the accounts of users who are repeat infringers of copyright. A repeat infringer is a user who, after having had material removed following a valid DMCA notice that was not reversed (by a counter-notification that led to the material being replaced, by withdrawal of the notice by the person who submitted it, or by a court decision), becomes the subject of another, different valid notice. A single notice covering several works counts only once. The decision is made case by case and may include a prior warning.

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8. Changes to this Policy

We may modify this Policy. Because it supplements the Terms, changes will be communicated and take effect as set out in Section 19 of the Terms. The current version and its last-updated date appear in the header of this document. Changes do not affect notices and counter-notifications received before they take effect, which are processed under the version in force when they were received and applicable law.

This document is available in English and Spanish. In case of any conflict or inconsistency between the versions, the language rule in Section 22.7 of the Terms applies.