Copyright & DMCA Policy

1. Introduction

Haroo Chat respects the intellectual property rights of others and expects our users to do the same. This policy outlines our procedures for addressing copyright infringement claims under the U.S. Digital Millennium Copyright Act (DMCA), EU Copyright Directive, and Czech copyright law (Act No. 121/2000 Coll., Copyright Act).

If you believe that content on our platform infringes your copyright, this policy explains how to notify us and request removal.

2. Copyright Ownership Principles

2.1 User Content

Users retain copyright ownership of original content they create:

• AI character descriptions, names, and traits
• Original character concepts and designs
• Avatars and images you create or for which you hold rights
• Written content in profiles and bios

2.2 Platform Content

Haroo Chat owns intellectual property rights to:

• Platform software, code, and architecture
• Haroo Chat branding, logos, and trademarks
• Platform design, layout, and user interface
• Official documentation and marketing materials

2.3 AI-Generated Content

AI-generated chat responses are created dynamically by AI models. Copyright ownership of AI-generated conversational content may be limited under current law. Users have a personal, non-exclusive license to use their chat conversations for personal purposes. For more information, see Section 7 below.

3. User Content Rights and Licenses

3.1 License to Haroo Chat

When you upload content to Haroo Chat, you grant us a:

• Worldwide, non-exclusive, royalty-free, sublicensable, and transferable license
• To use, reproduce, distribute, display, and perform your content
• To create derivative works for technical compatibility
• To feature your content in promotional materials (with attribution)

This license remains in effect while your content is published on the platform and terminates when you delete the content or your account, except where we need to retain copies for legal compliance.

3.2 User Representations

By uploading content, you represent and warrant that:

• You own all rights to the content or have obtained necessary permissions
• Your content does not infringe on third-party intellectual property rights
• You have the authority to grant the license described above
• Your content complies with our Content Policy

3.3 Third-Party Content

You may not upload content that infringes on copyrights, trademarks, or other intellectual property rights of third parties. This includes using copyrighted images, character likenesses, or branding without permission.

4. DMCA Takedown Procedure

4.1 Filing a Takedown Notice

If you believe content on Haroo Chat infringes your copyright, submit a DMCA takedown notice to our Designated Copyright Agent with the following information:

• Your Contact Information: Name, address, phone number, and email
• Identification of Copyrighted Work: Describe the work you believe is being infringed, with links or attachments to the original
• Identification of Infringing Material: Provide specific URLs or identifiers for the infringing content on our platform
• Statement of Good Faith: Include the statement: "I have a good faith belief that use of the copyrighted material described above is not authorized by the copyright owner, its agent, or the law."
• Statement of Accuracy: Include the statement: "I swear, 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 copyright owner."
• Physical or Electronic Signature: Sign the notice physically or electronically

4.2 Where to Send Notices

4.3 Processing Timeline

• We review valid DMCA notices within 2-5 business days
• If the notice is valid, we will remove or disable access to the allegedly infringing content
• We will notify the user who posted the content of the takedown
• The user may file a counter-notification if they believe the content was removed in error

5. Counter-Notification Process

5.1 Filing a Counter-Notification

If you believe your content was removed in error or due to misidentification, you may submit a DMCA counter-notification with the following information:

• Your Contact Information: Name, address, phone number, and email
• Identification of Removed Content: Describe the content that was removed and where it appeared before removal
• Statement Under Penalty of Perjury: Include the statement: "I swear, under penalty of perjury, that I have a good faith belief that the content was removed or disabled as a result of mistake or misidentification."
• Consent to Jurisdiction: Include the statement: "I consent to the jurisdiction of the Federal District Court for the judicial district in which my address is located (or the District Court of Prague if outside the U.S.), and I will accept service of process from the person who filed the original DMCA notice or their agent."
• Physical or Electronic Signature: Sign the counter-notification physically or electronically

5.2 Counter-Notification Processing

• We will forward your counter-notification to the original complainant
• If the complainant does not file a court action within 10-14 business days, we may restore the removed content
• If a lawsuit is filed, we will wait for a court order before restoring content

5.3 Where to Send Counter-Notifications

Send counter-notifications to info@click-click.cz with the subject line "DMCA Counter-Notification".

6. Repeat Infringer Policy

6.1 Three-Strike Policy

Haroo Chat maintains a three-strike policy for copyright infringement:

• First Violation: Content removed, formal warning issued
• Second Violation: Content removed, temporary account suspension (7-30 days)
• Third Violation: Permanent account termination and ban from the platform

6.2 Egregious Violations

For egregious or willful infringement (e.g., uploading large amounts of copyrighted material), we may terminate accounts immediately without prior warnings.

6.3 Appeals

If you believe your account was terminated in error, you may appeal to info@click-click.cz within 30 days of termination.

7. AI-Generated Content Ownership

7.1 Ownership and Copyright

AI-generated conversational content presents unique copyright considerations:

• AI-generated chat responses are created dynamically by AI models based on user prompts
• Copyright law in most jurisdictions requires human authorship for copyright protection
• As a result, AI-generated content may have limited or no copyright protection
• Neither Haroo Chat nor users may have exclusive ownership of AI-generated chat responses

7.2 User Rights

Users have a personal, non-exclusive license to use their chat conversations for personal, non-commercial purposes. This includes saving, sharing, or displaying chat logs for personal use.

7.3 Creator Rights

Personality creators do not own AI-generated chat responses produced by their personalities. However, creators retain copyright to the personality descriptions, traits, and other original content they create.

7.4 Training Data

We do not use user chat conversations to train AI models without explicit consent. AI models we use (Spicy One, Claude, DeepSeek) are pre-trained by third-party providers.

8. Fair Use and Exceptions

8.1 Fair Use (U.S. Law)

Under U.S. copyright law, some uses of copyrighted material may qualify as fair use, including:

• Criticism, commentary, or parody
• Educational or research purposes
• Transformative works that add new meaning or message
• Use of small portions for non-commercial purposes

Fair use is determined case-by-case based on factors including purpose, nature, amount used, and market effect. If you believe your use qualifies as fair use, include this in your counter-notification.

8.2 EU Exceptions (Copyright Directive)

EU copyright law includes exceptions for:

• Quotation and criticism
• Caricature, parody, and pastiche
• Educational and research use
• Text and data mining (under certain conditions)

8.3 Parody Personalities

Parody personalities that transform or critique original works may be protected under fair use or parody exceptions. However, simply copying a character without adding commentary or transformation is not parody. When in doubt, create original characters.

9. Trademark Policy

9.1 Trademark Infringement

Do not use trademarks (brand names, logos, slogans) in ways that:

• Suggest endorsement or affiliation without permission
• Cause confusion about the source of goods or services
• Dilute or tarnish the trademark

9.2 Reporting Trademark Violations

Trademark complaints should be sent to info@click-click.cz with evidence of trademark ownership and details of the alleged infringement.

10. Cooperation with Authorities

We cooperate with law enforcement and rights holders to address copyright infringement and intellectual property violations. We may disclose user information in response to valid legal requests, court orders, or subpoenas as required by Czech or EU law.

11. Misrepresentation and Abuse

11.1 False Claims

Under the DMCA, knowingly making false claims in a takedown notice or counter-notification may result in liability for damages, including costs and attorney fees. Filing false claims may also result in account termination.

11.2 Abusive Takedown Requests

We take abuse of the DMCA process seriously. If we determine a takedown notice was filed in bad faith (e.g., to suppress criticism or competition), we may refuse to process future notices from the complainant and report abuse to relevant authorities.

12. Changes to This Policy

We may update this Copyright & DMCA Policy to reflect changes in law or platform operations. We will notify users of significant changes via email or platform notification at least 14 days before changes take effect.

13. Contact Information

14. Legal Notice

This policy is provided for informational purposes and does not constitute legal advice. Copyright law is complex and varies by jurisdiction. If you have specific legal questions about intellectual property, please consult a qualified attorney.