Digital Millennium Copyright Act (DMCA) Policy
Ice9.ai
Last Updated: February 25, 2026
Ice 9 Designs ("we," "us," or "our") respects the intellectual property rights of others and expects users of Ice9.ai (the "Service") to do the same. In accordance with the Digital Millennium Copyright Act of 1998 ("DMCA"), we have adopted this policy to address copyright infringement claims and to provide a process for copyright holders to submit takedown notices.
1. Overview and Scope
1.1 What This Policy Covers
This DMCA Policy applies to: - Analysis results and metadata stored on our systems that were derived from allegedly infringing images - User accounts that have uploaded allegedly infringing images - API usage that processes allegedly infringing copyrighted materials
1.2 Important Note About Image Storage
We do not store uploaded images. Images are processed in memory and immediately discarded after analysis. However, we do store analysis results (structured data, labels, coordinates, metadata) derived from those images. This policy addresses how we handle DMCA notices regarding: - Stored analysis results derived from copyrighted images - User accounts that repeatedly upload copyrighted images without authorization - API usage patterns that suggest systematic copyright infringement
1.3 Service Provider Status
Ice9.ai operates as a service provider under 17 U.S.C. § 512(c). We provide image analysis services and do not control what images users choose to upload and process.
2. Copyright Infringement Notification (Takedown Notice)
If you believe that content on or processed through Ice9.ai infringes your copyright, you may submit a DMCA takedown notice.
2.1 Requirements for a Valid DMCA Notice
To file a DMCA takedown notice, you must provide a written communication (by email or physical mail) that includes substantially the following:
1. Identification of the copyrighted work: - Describe the copyrighted work that you claim has been infringed - If multiple copyrighted works are covered by a single notification, you may provide a representative list
2. Identification of the infringing material: - Identify the material that you claim is infringing and provide information reasonably sufficient to permit us to locate the material - For Ice9.ai, this typically means: - The result ID or API request ID (if known) - The approximate date and time the image was uploaded - Description of the copyrighted image that was processed - Any URLs or identifiers associated with the analysis results - User account information (if known)
3. Your contact information: - Your full legal name (individual or organization) - Mailing address - Telephone number - Email address
4. 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
5. Accuracy 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
6. Physical or electronic signature: - A physical or electronic signature of the copyright owner or a person authorized to act on behalf of the owner
2.2 What Happens When We Receive a Valid DMCA Notice
Upon receipt of a valid DMCA takedown notice, we will:
- Acknowledge receipt within 2 business days
- Review the notice for compliance with DMCA requirements
- Remove or disable access to the allegedly infringing analysis results
- Notify the user who uploaded the material that we have removed or disabled access
- Provide the user with a copy of the takedown notice (including your contact information)
- Advise the user of their right to file a counter-notification
2.3 Limitations Due to No Image Storage
Because we do not store images: - We cannot remove the original image (it no longer exists on our systems) - We can only remove stored analysis results derived from the image - If the image was processed multiple times, we can only remove results we can identify - We cannot prevent the same user from re-uploading the same image (unless the account is terminated)
2.4 Repeat Infringers
We have a policy of terminating accounts of users who are repeat copyright infringers. Specifically:
- First offense: Warning and removal of infringing analysis results
- Second offense: Temporary account suspension (30 days) and removal of results
- Third offense: Permanent account termination
We maintain records of DMCA notices for this purpose.
3. Counter-Notification (Restoration Request)
If you believe that analysis results were removed or disabled as a result of mistake or misidentification, you may file a DMCA counter-notification requesting that we restore the content.
3.1 Requirements for a Valid Counter-Notification
A counter-notification must include substantially the following:
1. Your contact information: - Your full legal name - Mailing address - Telephone number - Email address
2. Identification of removed material: - Identification of the material that has been removed or to which access has been disabled - Include result IDs or other identifiers we provided in our removal notice
3. 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
4. Consent to jurisdiction: - A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or the Northern District of California if your address is outside the United States) - A statement that you will accept service of process from the person who provided the original DMCA notice or an agent of such person
5. Physical or electronic signature: - Your physical or electronic signature
3.2 What Happens When We Receive a Valid Counter-Notification
Upon receipt of a valid counter-notification:
- We will promptly provide a copy of the counter-notification to the original complaining party
- We will inform that party that we will restore the removed content in 10-14 business days
- We will restore the content between 10 and 14 business days after receipt of the counter-notification, unless our Designated Agent receives notice that the original complaining party has filed a court action seeking an order to restrain the user from engaging in infringing activity
3.3 Limitations on Restoration
Due to the nature of our Service: - We can only restore analysis results if we still have them in our systems - We cannot restore the original image (it was never stored) - If analysis results have been deleted pursuant to data retention policies, they cannot be restored
4. Designated DMCA Agent
All DMCA notices and counter-notifications must be sent to our Designated Copyright Agent:
By Email (Preferred):
dmca@ice9.ai
By Mail:
Ice 9 Designs
ATTN: DMCA Designated Agent
[Your Mailing Address]
[City, State ZIP]
Online Form:
https://ice9.ai/dmca-notice
4.1 Copyright Agent Registration
Our Designated Copyright Agent is registered with the U.S. Copyright Office in accordance with 17 U.S.C. § 512(c)(2).
5. Misrepresentations and Penalties
5.1 False Claims
Under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents: - That material or activity is infringing, OR - That material or activity was removed or disabled by mistake or misidentification
may be liable for damages, including costs and attorneys' fees incurred by the alleged infringer, the copyright owner, or the service provider as a result of relying upon such misrepresentation.
5.2 Good Faith Requirement
Both DMCA notices and counter-notifications must be made in good faith. Abusing the DMCA process may result in: - Legal liability under 17 U.S.C. § 512(f) - Permanent ban from submitting future DMCA notices - Referral to appropriate authorities
6. Non-DMCA Copyright Disputes
6.1 Direct Resolution Encouraged
Before filing a DMCA notice, we encourage copyright holders to: - Contact the user directly if possible - Attempt informal resolution - Consider whether the use may be fair use or otherwise non-infringing
6.2 Fair Use
Not all uses of copyrighted material constitute infringement. Fair use (17 U.S.C. § 107) may apply in certain circumstances, including: - Research and analysis - Educational purposes - Transformative uses - Criticism and commentary
We do not make determinations about fair use. If you believe your use is fair use and receive a DMCA notice, you may file a counter-notification or seek legal counsel.
6.3 International Copyright
If you are located outside the United States, your country may have different copyright laws. The DMCA is U.S. law. If you believe your rights under non-U.S. copyright law have been violated, please contact us at legal@ice9.ai to discuss appropriate procedures.
7. User Responsibilities
7.1 Don't Upload Infringing Content
Users must not upload or process images for which they do not have appropriate rights or authorization. This includes: - Images you do not own or have a license to use - Professional photographs without photographer permission - Movie stills, TV screenshots, or other entertainment media - Artwork, illustrations, or designs owned by others - Stock photos without proper licensing - Celebrity photos or paparazzi images
7.2 Commercial vs. Personal Use
Even for the Ice9.ai API's commercial license: - You may use the Service commercially - You may NOT upload copyrighted images belonging to others without authorization - The commercial license applies to how you use Ice9.ai's analysis capabilities, not to the images you upload
7.3 Obtain Necessary Rights
Before uploading images for processing, ensure you have: - Created the image yourself, OR - Obtained appropriate licenses or permissions from the copyright holder, OR - Have a valid legal basis for processing the image (e.g., fair use)
8. Limitations and Disclaimers
8.1 We Are Not Copyright Police
We do not: - Proactively monitor uploaded images for copyright infringement - Make determinations about copyright ownership or infringement - Adjudicate copyright disputes between parties - Provide legal advice about copyright
8.2 We Respond to Proper Notices
We will respond to properly submitted DMCA notices in accordance with the law, but: - We do not verify the validity of copyright claims - We do not determine whether use is fair use - We rely on representations made in DMCA notices and counter-notifications - We reserve the right to reject notices that do not meet DMCA requirements
8.3 No Liability for User Content
As a service provider under 17 U.S.C. § 512(c): - We are not liable for copyright infringement by our users - We qualify for DMCA safe harbor protections - We have no obligation to monitor user content - Removal of content does not constitute an admission that the content was infringing
8.4 Processing vs. Storage
Because we process but do not store images: - We cannot remove images that no longer exist on our systems - We can only act on stored analysis results - Prevention of future uploads requires account-level action (warnings, suspension, or termination)
9. Trademark and Other Intellectual Property
9.1 Trademark Issues
This policy addresses copyright under the DMCA. For trademark issues, please contact: legal@ice9.ai
9.2 Other IP Concerns
For other intellectual property concerns (patents, trade secrets, right of publicity, etc.), please contact: legal@ice9.ai
9.3 Privacy and Personality Rights
Issues related to privacy, right of publicity, or personality rights are not addressed by DMCA and should be directed to: legal@ice9.ai or privacy@ice9.ai
10. Academic and Research Exemptions
10.1 Research and Fair Use
Academic and research use may qualify as fair use under 17 U.S.C. § 107. Factors considered include: - Purpose and character of the use (transformative? commercial?) - Nature of the copyrighted work - Amount and substantiality of the portion used - Effect on the market for the original work
10.2 No Guarantee of Protection
We do not make fair use determinations. If your research use receives a DMCA notice: - You may file a counter-notification asserting fair use - Seek guidance from your institution's legal counsel or technology transfer office - Consider whether you need specific permissions for your research
11. Modifications to This Policy
We reserve the right to modify this DMCA Policy at any time. Changes will be effective upon posting to our website with an updated "Last Updated" date. Material changes will be communicated via: - Email notification to registered users - Notice on our website - Update to the "Last Updated" date
12. Contact Information
DMCA Notices and Counter-Notifications:
Email: dmca@ice9.ai
Online Form: https://ice9.ai/dmca-notice
Other Copyright Questions:
Email: legal@ice9.ai
General Support:
Email: support@ice9.ai
Mailing Address:
Ice 9 Designs
ATTN: DMCA Designated Agent
[Your Mailing Address]
[City, State ZIP]
Appendix A: DMCA Notice Template
To: Ice 9 Designs DMCA Designated Agent
Email: dmca@ice9.ai
I, [Your Full Legal Name], hereby submit this DMCA takedown notice pursuant to 17 U.S.C. § 512(c).
1. Identification of Copyrighted Work:
[Describe the copyrighted work, e.g., "Photograph titled 'Sunset over Golden Gate Bridge' taken by [Your Name] on [Date]"]
2. Identification of Infringing Material:
[Provide information to locate the material, e.g., "Analysis results with ID: result_abc123, uploaded approximately [Date/Time], by user account [username or email if known]"]
3. My Contact Information:
Name: [Your Full Name]
Address: [Your Address]
Phone: [Your Phone]
Email: [Your Email]
4. Good Faith Statement:
I 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.
5. Accuracy Statement:
I declare, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
6. Signature:
[Your Physical or Electronic Signature]
Date: [Date]
Appendix B: Counter-Notification Template
To: Ice 9 Designs DMCA Designated Agent
Email: dmca@ice9.ai
I, [Your Full Legal Name], hereby submit this DMCA counter-notification pursuant to 17 U.S.C. § 512(g).
1. My Contact Information:
Name: [Your Full Name]
Address: [Your Address]
Phone: [Your Phone]
Email: [Your Email]
2. Identification of Removed Material:
[Describe the removed content, e.g., "Analysis results with ID: result_abc123, removed on [Date]"]
3. Good Faith Statement:
I declare, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material.
4. Consent to Jurisdiction:
I consent to the jurisdiction of the Federal District Court for the judicial district in which my address is located [or the Northern District of California if my address is outside of the United States], and I will accept service of process from the person who provided the DMCA notice or an agent of such person.
5. Signature:
[Your Physical or Electronic Signature]
Date: [Date]
This DMCA Policy is incorporated into and is part of the Ice9.ai Terms of Service.
Last Updated: February 25, 2026