DMCA Copyright Policy

Digital Millennium Copyright Act Notice & Takedown Procedure

Audence Software (“Audence”, “we”, “our”) respects the intellectual property rights of creators, rights holders, artists, and copyright owners. We comply with the provisions of the Digital Millennium Copyright Act of 1998 (17 U.S.C. § 512, “DMCA”) and expeditiously respond to valid notices of claimed copyright infringement committed using the Audence video review platform (audence.app).

Audence provides private collaborative workspaces where creators, video editors, and invited collaborators upload, review, stream, and comment on video cuts, revisions, audio tracks, and production assets. While our Terms of Service and End User License Agreement (EULA) strictly require users to ensure they possess all necessary rights to their uploaded media, we maintain an active, structured process to handle any claimed copyright infringement.

1. Submitting a DMCA Notice of Infringement

If you are a copyright owner, or authorized to act on behalf of one, and you believe that any media, video cut, thumbnail, audio recording, or project asset hosted or shared on Audence infringes upon your copyright, please submit a written DMCA notice to our Designated Copyright Agent containing all of the following statutory elements (17 U.S.C. § 512(c)(3)):

• Physical or electronic signature: A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• Identification of copyrighted work: Clear identification of the copyrighted work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works.
• Identification of infringing material: Clear identification of the material claimed to be infringing or to be the subject of infringing activity, including the specific URL, project review link, cut identifier, or location details reasonably sufficient to permit Audence to locate and verify the material.
• Contact information: Information reasonably sufficient to permit Audence to contact you, including your full legal name, company name (if applicable), physical mailing address, telephone number, and valid email address.
• Good faith statement: 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.
• Accuracy and perjury statement: 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 owner of an exclusive right that is allegedly infringed.

2. Designated Copyright Agent Contact Information

DMCA takedown notices and copyright communications must be submitted to Audence's Designated Copyright Agent via email or postal mail:

Note: Under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for statutory damages, including court costs and attorneys' fees.

3. Takedown Procedures & User Notification

Upon receipt of a valid and complete DMCA notice satisfying all statutory requirements, Audence will expeditiously remove or disable access to the allegedly infringing video cut, media asset, or project file in our database and Cloudflare R2 object storage.

Promptly following the removal or disabling of access, Audence will notify the account owner or project creator responsible for uploading the content. The notice will include a copy of the DMCA takedown request (including the complainant's name and contact information) so the user may exercise their statutory right to file a counter-notification if they believe the takedown was unjustified or erroneous.

4. Counter-Notification Process for Uploaded User Media

If you are an Audence user whose video project, draft cut, or media was removed or disabled as a result of a DMCA notice, and you believe such action was taken due to mistake, misidentification, or that you hold the legal license, fair use right, or authorization from the copyright holder, you may file a written Counter-Notification pursuant to 17 U.S.C. § 512(g)(3).

To be effective, your counter-notification must be in writing and include:

• Physical or electronic signature: Your physical or electronic signature.
• Identification of removed material: Identification of the specific media asset, video cut, or project file that was removed or to which access was disabled, and the location (such as project ID, workspace URL, or original title) where it appeared before removal.
• Statement under penalty of perjury: 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.
• Consent to jurisdiction: Your full legal name, physical address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your physical address is located (or, if outside the United States, for any judicial district in which Audence may be found), and that you will accept service of process from the person who submitted the original DMCA notice or an agent of that person.

Please send your completed counter-notification to legal@audence.app.

Upon receiving a valid counter-notification, Audence will forward a copy to the original complaining party, advising them that Audence will restore access to the material within 10 to 14 business days. Unless the copyright owner notifies our Designated Agent that they have filed a court action seeking a court order to restrain the user from engaging in infringing activity relating to the material on Audence, we will restore the removed content to the user's workspace.

5. Repeat Infringer Policy

In accordance with 17 U.S.C. § 512(i) and applicable copyright laws, Audence maintains and strictly enforces a repeat infringer policy. Audence reserves the right to terminate, in appropriate circumstances and at our sole discretion, the workspace access and accounts of users who are determined to be repeat infringers or who repeatedly fail to provide valid legal justification for infringing third-party intellectual property rights.