DMCA & Copyright Policy
Fincentive Corp. respects the intellectual property rights of others and expects all clients, users, and parties interacting with our services to do the same. This policy outlines our procedures for responding to notices of copyright infringement under the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512, and applicable Canadian copyright law including the Copyright Act (R.S.C., 1985, c. C-42).
Because Fincentive Corp. delivers services that include AI-generated text, AI-generated images, and custom-coded digital assets, we take copyright matters seriously and have established clear procedures for raising and resolving claims.
1. AI-Generated Content and Copyright
AI image and text generation tools (such as those used by Fincentive Corp. to deliver certain client deliverables) generate outputs based on patterns learned from large datasets. While Fincentive Corp. takes reasonable steps to use reputable AI generation platforms and avoid generating content that closely reproduces identifiable copyrighted works, we acknowledge that AI outputs may occasionally bear similarities to existing works.
If you believe that any AI-generated content delivered by Fincentive Corp. or appearing on this website infringes your copyright, please submit a DMCA takedown notice as described in Section 3 below. We will investigate all good-faith claims promptly.
2. Reporting Copyright Infringement
If you are a copyright owner or are authorized to act on behalf of one, and you believe that content on our website or in deliverables we have produced infringes your copyright, you may submit a written notification to our designated copyright agent.
3. DMCA Takedown Notice — Required Elements
To be valid, your DMCA takedown notice must include all of the following:
- Your full legal name and contact information (address, telephone number, and email address)
- A description of the copyrighted work you claim has been infringed, including the original work's URL or a copy of the work if not online
- A description of the specific content you claim is infringing, with sufficient detail for us to locate it (URL, screenshot, or file description)
- A statement that you have a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law
- A statement made under penalty of perjury that the information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf
- Your physical or electronic signature
4. Where to Send Takedown Notices
637-33 Bloor St E, Toronto, ON, Canada, M4W 3H1
Email: info@fincentive.io
Subject line: DMCA Takedown Notice
We strongly recommend sending notices by email for the fastest response. Please use the subject line "DMCA Takedown Notice" to ensure proper routing.
5. Our Response Process
Upon receipt of a valid DMCA takedown notice, Fincentive Corp. will:
- Acknowledge receipt of your notice within 5 business days
- Review the notice to confirm it meets all legal requirements
- Remove or disable access to the allegedly infringing content promptly if the notice is valid
- Notify the affected party (client or user) of the removal where appropriate
- Document the takedown for our records
For AI-generated content disputes, our review process may involve evaluating whether the claimed similarity meets the legal threshold for copyright infringement under applicable law, as not all similarities between AI outputs and existing works constitute infringement.
6. Counter-Notification Procedure
If content you provided to us has been removed in response to a DMCA notice and you believe the removal was in error or the result of misidentification, you may submit a counter-notification. A valid counter-notification must include:
- Your full legal name and contact information
- Identification of the removed content and its location before removal
- A statement under penalty of perjury that you have a good-faith belief the content was removed as a result of mistake or misidentification
- A statement that you consent to the jurisdiction of the Federal Court in your district (or Ontario courts for Canadian residents) and that you will accept service of process from the person who submitted the original DMCA notice
- Your physical or electronic signature
7. Repeat Infringer Policy
In accordance with the DMCA and our commitment to protecting intellectual property, Fincentive Corp. maintains a policy of terminating, in appropriate circumstances, the accounts and services of clients or users who are repeat infringers of copyright. We reserve the right to terminate service to any party that has been subject to more than one valid DMCA takedown notice without refund.
8. Good Faith and Misuse
The DMCA provides that any person who knowingly materially misrepresents that content is infringing, or that content was removed by mistake, may be subject to liability for damages. Fincentive Corp. reserves the right to seek damages from any party who submits a fraudulent or bad-faith DMCA notice.
9. Copyright in Client Deliverables
For clarity regarding copyright in work product delivered by Fincentive Corp.:
- Custom-coded websites and applications: copyright transfers to you upon full payment
- AI-generated images: delivered under the terms of our service agreement; client assumes responsibility for copyright clearance prior to commercial use
- AI-generated text and copy: delivered for your use; Fincentive Corp. does not warrant freedom from third-party copyright claims in AI-generated text
- Fincentive Corp. proprietary frameworks, workflows, and methodologies: remain the property of Fincentive Corp.