Intellectual Property & Counterfeit Policy

1. About This Policy

This Intellectual Property & Counterfeit Policy explains how TerzyApp handles allegations that content on the Platform infringes intellectual-property rights (copyright, trade mark, registered design, unregistered design, patent), or that a product on the Platform is counterfeit, mislabelled, or misrepresented in a way that infringes a rights-holder's interests. It is incorporated by reference into the Terms of Service, the Tailor Agreement, the Fabric Manager Agreement, the EU Addendum (DSA Article 16 implementation), and the US Addendum (DMCA implementation). This Policy is written and executed in English; translations are for information only and the English version prevails as the sole authoritative version for all legal, regulatory, and judicial purposes.

2. Rights We Recognise

We recognise notices concerning, without limitation: copyright in photographs, written content, fabric patterns, and garment-design drawings; registered trade marks and well-known unregistered trade marks; registered and unregistered design rights; patents; rights of publicity and personality; and consumer-protection rules that prohibit counterfeit goods. Notices alleging defamation, privacy infringement unrelated to intellectual property, or content unlawful for reasons other than intellectual property should be submitted through the corresponding channel in our Acceptable Use Policy.

3. Two Submission Channels

Because intellectual-property law differs between the United States and the European Union, we operate two submission channels:

• US DMCA channel — for notices under the U.S. Digital Millennium Copyright Act. Submissions must follow the format in Section 4 and are sent to our designated DMCA agent.
• EU/UK & rest-of-world channel — for notices under EU and Member State law (DSA Article 16, EU Trade Marks Regulation, national copyright statutes), and for UK, Canadian, Australian, and other notices outside the United States. Submissions must follow the format in Section 5.

4. US DMCA Notice Format

A valid DMCA notice under 17 U.S.C. § 512(c)(3) must include:

• A physical or electronic signature of the rights owner or a person authorised to act on their behalf.
• Identification of the copyrighted work claimed to be infringed.
• Identification of the allegedly infringing material with sufficient detail to locate it (URL or unique identifier on the Platform).
• Your name, postal address, telephone number, and email address.
• A statement that you have a good-faith belief that the use is not authorised by the rights owner, its agent, or the law.
• A statement under penalty of perjury that the information in the notice is accurate and that you are the rights owner or authorised to act on its behalf.

5. EU/UK & Rest-of-World Notice Format

A notice under DSA Article 16, EU trade-mark or design law, or UK copyright and trade-mark law must include:

• A sufficiently substantiated explanation of why the content is alleged to infringe, including the specific right relied on (with registration number where applicable).
• Clear identification of the allegedly infringing content (URL or unique identifier on the Platform).
• The name and email address of the submitter, except where the matter concerns alleged crimes against minors, in which case anonymous notices are accepted.
• A statement of good faith that the information is accurate.
• Evidence reasonably available to the submitter (registration certificates, proof of authority, comparison images).

6. Designated DMCA Agent

Our designated DMCA agent is: DMCA Agent, Terzyapp UK Ltd, c/o [U.S. agent address TBC], email [email protected]. We have registered (or will register) this agent with the U.S. Copyright Office pursuant to 17 U.S.C. § 512(c)(2). Notices that do not substantially comply with the statutory requirements may not be actionable.

7. EU/UK Submission Address

Notices outside the United States should be submitted to [email protected], with subject line "IP NOTICE — [territory]". Notices may be submitted in English or in any official EU language; we may respond in English and supply machine-assisted translation where necessary.

8. Action We Take on Receipt

On receipt of a substantively compliant notice, we will (a) acknowledge receipt without undue delay; (b) review the notice and the disputed content diligently and objectively; (c) where we determine the content is likely infringing, remove or disable access to it and notify the user who posted it; (d) provide the affected user with a Statement of Reasons identifying the legal basis, whether automated means were used, and the available redress; (e) record the action in our internal log for the annual transparency report. We do not adjudicate underlying ownership disputes; we make platform-level decisions on the balance of evidence presented.

9. Counter-Notice & Restoration

An affected user may submit a counter-notice. A DMCA counter-notice must comply with 17 U.S.C. § 512(g) (signature, identification, statement under penalty of perjury, consent to U.S. federal jurisdiction). An EU/UK counter-notice should explain the legal basis for retaining the content (own rights, fair dealing, parody, lawful resale) and attach evidence. Where a valid counter-notice is received, we forward it to the original notifier. Under DMCA, content may be restored after 10 to 14 business days unless the rights-holder commences court proceedings. Under EU/UK law, restoration is at our reasoned discretion based on the strength of evidence.

10. Counterfeit & Mislabelled Goods

Counterfeit goods are prohibited on the Platform regardless of whether a rights-holder has submitted a notice. We use a combination of rights-holder notices, automated screening, and manual review to detect counterfeit listings. Where we identify a confirmed counterfeit Listing, we (a) remove it immediately; (b) freeze the Seller's payouts pending investigation; (c) record a strike under the Seller Agreement; and (d) may permanently terminate the Seller's account. For Fabric Manager listings, mislabelling of fibre composition, origin, or certification (in breach of EU Regulation 1007/2011 or equivalent law) is treated as a counterfeit-equivalent violation.

11. Repeat-Infringer Policy

We maintain a repeat-infringer policy. Sellers and other users who repeatedly receive substantiated infringement determinations, or who commit a single egregious infringement (including knowingly listing counterfeit goods or making fraudulent mislabelling claims), may be permanently terminated. We also reserve the right to decline further business with the same person or business, and to close any new account we identify as belonging to them.

12. Bad-Faith & Abusive Notices

We respect the right of submitters to use notice mechanisms in good faith. However, submitters who repeatedly file abusive, false, or bad-faith notices may have their submitting privileges suspended under DSA Article 23. False statements in a DMCA notice or counter-notice may subject the submitter to liability under 17 U.S.C. § 512(f). False statements in an EU/UK notice may subject the submitter to liability for defamation, malicious falsehood, or interference with contractual relations.

13. Your Liability for User-Generated Content

Photographs, sketches, design instructions, fabric pattern references, brand names, logos, trademarks, slogans, model names, and any other content you upload, link, or transmit through the Platform (collectively, "User-Generated Content" or "UGC") are submitted by you on your sole and exclusive responsibility. You represent and warrant that you own each element of your UGC, that you have a valid licence to use it, or that the element is in the public domain or used under a clear statutory exception. TerzyApp acts solely as an online intermediary in respect of UGC, in the meaning of EU Digital Services Act Articles 4-6 (Regulation (EU) 2022/2065), UK Online Safety Act 2023 sections 50-52, and US Digital Millennium Copyright Act 17 USC § 512(c). We do not review UGC before it is published, other than the automated screening of listings, listing images, and reviews described in Acceptable Use Policy Section 12. Where a rightsholder claims that your UGC infringes their rights, we will act on a valid notice under Sections 4 or 5 above and may remove or disable the UGC without prior notice to you. You agree to indemnify Terzyapp UK Ltd against any direct losses, claims, and reasonable costs we suffer arising out of any UGC you submit, on the terms set out in Section 18 of the Terms of Service. This Section does not transfer ownership of your UGC to TerzyApp; you retain ownership and grant us only the limited operating licence described in Section 13 of the Terms of Service. Repeat infringers are terminated under Section 11 above.

14. Changes to This Policy

We may update this Policy from time to time. Material changes are notified at least 30 days in advance by email or in-app message. Non-material changes take effect when published. The "Last updated" date reflects the current version.