Effective Date: 02/18/2026
Last Revised: 02/18/2026

1. Purpose

This policy describes how UpTo Inc. (DBA Ketchup) ("Company") will receive, review, and respond to copyright infringement notices and counter-notifications under the U.S. Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. § 512. The Company processes these notices in accordance with applicable U.S. laws and, for users located in the EU, with the data protection requirements of the European Union, including the EU General Data Protection Regulation (GDPR). When handling DMCA-related submissions, the Company may receive and process personal data (such as names, email addresses, physical addresses, and other identifying information) solely for the purpose of evaluating and responding to the copyright claim.

2. Scope

This policy applies to all Company employees, contractors, moderators, and service providers who review, administer, or otherwise handle user-generated content on the Company's websites, applications, and official social or marketing channels. This policy also applies to any third-party platforms or content delivery networks used by the Company to host or stream user-uploaded content. All personnel covered by this policy must handle copyright-related requests and any associated personal data only for the purpose of evaluating, responding to, and documenting DMCA notices, and must do so in compliance with applicable U.S. law and, where relevant, the EU General Data Protection Regulation (GDPR) for users located in the EU.

3. Company's Official Public-Facing Policy Statement

The Company respects the intellectual-property rights of others and complies with the Digital Millennium Copyright Act ("DMCA"). We promptly remove or disable access to material upon receipt of a valid DMCA takedown notice and permit lawful counter-notifications from affected users. We may terminate accounts of users who repeatedly or willfully infringe copyrights. Where required to process a DMCA notice or counter-notification, the Company may share the submitting party's contact information with the alleged infringer or rights holder.

4. Designated DMCA Agent

Pursuant to 17 U.S.C. § 512(c)(2), the Company designates the following agent to receive notifications of claimed copyright infringement:

This contact information will be included in the Company's Terms of Service and registered with the U.S. Copyright Office at: https://dmca.copyright.gov/osp/

5. Process for Receipt of DMCA Takedown Notice

1. a. Forward Immediately. Any employee or contractor who receives a copyright complaint or DMCA takedown notice must forward it to the DMCA Agent within one (1) business day. No one may alter, delete, redact, or modify the notice or any referenced content. The forwarded materials must include the original communication, including postmarks, email header metadata, URLs, timestamps, attachments, screenshots, and files necessary to verify authenticity and source. Personal data contained in the notice (e.g., names, email addresses, physical addresses) must be handled only for the purpose of evaluating and responding to the claim.
2. b. Review for Formal Sufficiency. The DMCA Agent will assess whether the notice substantially complies with the elements required under DMCA Section 512(c)(3). While a complete notice should include all statutory elements: signature, identification of the copyrighted work, identification of the material to be removed and its location, contact information, and good-faith statements under penalty of perjury; the company may act on any notice that provides sufficient information to locate the material and reasonably verify the claim. If a notice is incomplete, the DMCA Agent may request clarification before taking action.
3. c. Action Upon Receiving a Valid or Deficient Notice. If the DMCA Agent determines that a notice is valid, the Agent will act expeditiously, generally within one (1) to three (3) business days, to disable or remove the allegedly infringing material, notify the uploader or responsible user of the removal, and maintain a dated record of the notice and the action taken. If the notice appears deficient, the DMCA Agent may promptly request clarification before taking down the content.

6. Counter-Notification Process (DMCA Section 512(g))

A user who believes material was removed in error may file a counter-notification containing: physical or electronic signature; identification of the removed material and its prior location; statement under penalty of perjury of good-faith belief the removal was a mistake; consent to the jurisdiction of the U.S. District Court for the judicial district where the user resides (or, if the user is outside the United States, the Central District of California). Upon receipt, the DMCA Agent will forward the counter-notice to the complainant. If the complainant does not file a court action within 10–14 business days, the material may be restored under the Restoration Criteria & Discretion section of this Policy.

7. Restoration Criteria & Discretion

If the original complainant does not file a court action within 10–14 business days, the material may, at the company's discretion, be restored to its original location. The DMCA Agent will determine whether restoration is appropriate based on factors including whether the complainant has filed or threatened legal action, whether the company has independent knowledge or credible evidence that the material is infringing, whether restoring the content would violate the company's Terms of Service, community guidelines, or applicable law, and whether reinstatement poses reputational, privacy, or safety risks to the company, its users, or third parties.

1. a. Restoration of Content. If the DMCA Agent concludes the content does not infringe, the company will restore it and notify the user. The company is not required to notify the original complainant beyond the prior counter-notification process. The company is also not required to explain its reasoning and generally will not do so unless Legal determines that providing an explanation serves a legitimate business or compliance purpose. The reasons for restoring content will otherwise be kept internal and confidential, since they involve legal and compliance judgments that may be protected by attorney-client privilege.
2. b. Denial of Restoration. If restoration is denied, the DMCA Agent will document the reason for the decision and retain it with the corresponding notice and counter-notice records. These records are confidential compliance materials, accessible only to authorized personnel or counsel, and may be protected by attorney-client privilege or the attorney work-product doctrine.

8. Repeat-Infringer

Consistent with DMCA Section 512(i) and applicable state unfair-competition laws (including California Business & Professions Code Section 17200), Company maintains a graduated "three-strike" process:

1. a. First Notice. Warning and education on copyright compliance.
2. b. Second Notice. Temporary suspension or content moderation.
3. c. Third Notice. Termination of user or partner access.

All strikes are logged and retained for a minimum of two years.

9. Recordkeeping & Privacy

The Company maintains records of DMCA notices, counter-notifications, and related correspondence to comply with legal obligations, document enforcement decisions, and protect the integrity of the platform. These records are treated as confidential compliance materials and are accessible only to the DMCA Agent, Legal Department, or authorized management.

1. a. U.S. Users (U.S. Data Privacy Laws). For users located in the United States, personal information collected or processed in connection with DMCA submissions will be used solely for the purpose of evaluating, responding to, and documenting copyright claims. The Company will maintain reasonable security measures consistent with applicable U.S. data privacy and data security laws, including California Civil Code §1798.81.5 and, where applicable, the California Consumer Privacy Act (CCPA). Personal information is typically retained for at least two (2) years in order to document compliance with the DMCA, unless a longer retention period is required for litigation, regulatory matters, or legitimate business needs.
2. b. EU Users (GDPR). For users located in the European Union, personal data processed in connection with DMCA notices, counter-notifications, or restoration decisions will be processed solely for the purpose of administering the DMCA procedures described in this Policy and documenting compliance. Such processing is carried out pursuant to: GDPR Article 6(1)(c) (compliance with a legal obligation), and GDPR Article 6(1)(f) (legitimate interest in protecting platform integrity and resolving legal disputes). Personal data may be transferred to the United States in connection with these procedures. The Company will apply reasonable legal, technical, and organizational safeguards to protect such data and will retain it only for as long as necessary to comply with legal obligations and document DMCA enforcement.
3. c. Required Disclosures to Submitters. All DMCA submissions must include the following disclosure, which appears on the Company's online submission form and in any written DMCA filing instructions:

   By submitting a DMCA notice or counter-notification, you understand that your name, address, email address, and any other information you provide may be shared with the user who uploaded or reported the content, as required under the Digital Millennium Copyright Act (17 U.S.C. § 512). You also understand that your information will be retained by the Company for legal-compliance purposes and handled in accordance with applicable privacy laws and the Company's Privacy Policy.

   The DMCA submission form will display this notice directly above the submission button, with a checkbox acknowledgment stating:

   ☑ I understand that my information may be shared with the other party and retained for DMCA compliance.

   This procedure provides advance notice and documented consent to the disclosures required under the DMCA and applicable U.S. privacy laws. Access to DMCA records is limited to the DMCA Agent, Legal Department, or authorized management, and all such records are treated as confidential compliance materials.

10. Team Responsibilities

Team members must not remove or edit any content unless specifically directed by the DMCA Agent. They should not admit liability, make legal determinations, or attempt to negotiate settlements in response to copyright complaints. Any subpoena, court order, or attorney correspondence related to DMCA matters must be escalated to Legal immediately. All communications with users, complainants, or other third parties should be handled professionally in accordance with this Policy and kept strictly confidential.

11. Training & Compliance

All employees handling user content will receive annual training on copyright compliance, DMCA workflows, and privacy obligations under applicable U.S. privacy laws, including California law. Failure to follow this policy may result in disciplinary action.

12. Updates

This Policy will be reviewed annually, or sooner if DMCA procedures or applicable federal or state privacy laws change.

Appendix A – DMCA Notice of Claimed Infringement

UpTo Inc. (DBA Ketchup) respects the intellectual-property rights of others and complies with the Digital Millennium Copyright Act ("DMCA"). We promptly remove or disable access to material upon receipt of a valid DMCA takedown notice and permit lawful counter-notifications from affected users. We may terminate accounts of users who repeatedly or willfully infringe copyrights. Where required to process a DMCA notice or counter-notification, the Company may share the submitting party's contact information with the alleged infringer or rights holder.

If you believe material hosted by UpTo Inc. (DBA Ketchup) on the Ketchup App infringes your copyright, please submit a DMCA takedown notice under 17 U.S.C. § 512. You must ensure you are the copyright owner or authorized agent and have a good-faith belief that the use is not authorized. Submitting false claims may expose you to liability under §512(f).

Submit a DMCA takedown notice online.

Alternative Methods for Submission:

After Submission:

Valid notices will be reviewed promptly. If accepted, the content will be removed or disabled, and the uploader will be notified. They may file a counter-notice if they believe the removal was mistaken. If no court action is filed within 10–14 business days, the material may be restored at the company's discretion.

Appendix B – DMCA Counter-Notification Form

If your content was removed under a Digital Millennium Copyright Act (DMCA) notice and you believe the removal was a mistake or that you have the legal right to use the material, you may submit a counter-notification under 17 U.S.C. § 512(g). Submitting false information may expose you to liability for damages under § 512(f), so complete this form carefully and truthfully.

Submit a counter-notification online.

Alternative Methods for Submission:

After Submission:

If your counter-notice meets legal requirements, the Company will forward it to the original complainant. The complainant then has 10–14 business days to notify us that they have filed a court action to keep the content removed. If no such notice is received within that period, the material may be restored at the company's discretion.