Copyright Policy

At CogniFit, Ltd ('CogniFit'), we respect the intellectual property rights of others and expect our users to do the same.

1. Types of Copyright Complaints

CogniFit responds to copyright notifications submitted under the Digital Millennium Copyright Act ('DMCA'). Section 512 of the DMCA outlines the statutory requirements necessary for formally reporting copyright infringement, as well as providing instructions on how an affected party can appeal a removal by submitting a compliant counter-notice.

CogniFit will respond to reports of alleged copyright infringement, such as allegations concerning the unauthorized use of a copyrighted image as a profile or header photo, allegations concerning the unauthorized use of a copyrighted video or image uploaded through our media hosting services, or Tweets containing links to allegedly infringing materials.

2. Notifying CogniFit of a Copyright Complaint

You can report alleged copyright infringement by sending an email to our designated copyright agent at copyright@cognifit.com.

Filing a DMCA complaint is the start of a pre-defined legal process. Your complaint will be reviewed for accuracy, validity, and completeness. If your complaint has satisfied these requirements, we will take action on your request - which includes forwarding a full copy of your notice (including your name, address, phone and email address) to the user(s) who posted the allegedly infringing material in question.

If you are concerned about your contact information being forwarded, you may wish to use an agent to report for you.

Please be aware that under 17 U.S.C. § 512(f), you may be liable for any damages, including costs and attorneys’ fees incurred by us or our users, if you knowingly materially misrepresent that material or activity is infringing. If you are unsure whether the material you are reporting is in fact infringing, you may wish to contact an attorney before filing a notification with us.

To submit a notice of claimed copyright infringement, you will need to provide us with the following information:

• A physical or electronic signature (typing your full name will suffice) of the copyright owner or a person authorized to act on their behalf;
• Identification of the copyrighted work claimed to have been infringed (e.g., a link to your original work or clear description of the materials allegedly being infringed upon);
• Identification of the infringing material and information reasonably sufficient to permit CogniFit to locate the material on our website or services;
• Your contact information, including your address, telephone number, and an email address;
• A statement that you have a good faith belief that the use of the material in the manner asserted is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

CogniFit’s response to notices of alleged copyright infringement may include the removal or restriction of access to allegedly infringing material. If we remove or restrict access to user content in response to a notice of alleged infringement, CogniFit will make a good faith effort to contact the affected account holder with information concerning the removal or restriction of access, including a full copy of the takedown notice, along with instructions for filing a counter-notification.

If you’ve not yet received a copy of the copyright notification regarding the content removed from your account, please respond to the support ticket we sent you.

Under appropriate circumstances, CogniFit may suspend and warn repeat violators, and in more serious cases, permanently terminate user accounts.

3. Filing a Counter-Notification

If you believe that the material reported in the copyright notification you received was misidentified or removed in error, you should file a counter-notice as per the instructions below.

Re-posting material removed in response to a copyright notification may result in permanent account suspension. If you believe the content was removed in error, please file a counter-notification rather than simply re-posting the material.

To submit a counter-notice, you will need to provide us with the following information:

• A physical or electronic signature (typing your full name will suffice);
• Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (the description from the copyright notice will suffice);
• 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 of the material to be removed or disabled; and
• Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which CogniFit may be found, and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

To submit a counter-notice, please respond to our original email notification of the removal and include the required information in the body of your reply as we discard all attachments for security reasons.

4. Legal Consequences

Please note that filing a report of intellectual property infringement is a serious matter with legal consequences. Think twice before submitting a claim or counter-notice, especially if you are unsure whether you are the actual rights holder or authorized to act on a rights holder’s behalf. There are legal and financial consequences for fraudulent and/or bad faith submissions. Please be sure that you are the actual rights holder, or that you have a good faith belief that the material was removed in error, and that you understand the repercussions of submitting a false claim.