DMCA Takedown Notice

1. Background

Acadesync (operated by SMPL.CX LLC, a Georgia limited liability company) is a cloud-based K-12 school management platform. Our customers — schools, staff, parents, and students — upload documents, photos, logos, enrollment forms, and other materials to their own tenant. We act as an online service provider under the Digital Millennium Copyright Act ("DMCA") and comply with the safe-harbor provisions of 17 U.S.C. § 512 when copyright claims are raised against that user-uploaded content.

This page explains how to send us a notification of claimed copyright infringement and how to file a counter-notification if you believe content was removed in error.

2. Before You Send a Notice

Please make sure the material you're reporting is actually on acadesync.com or a school site hosted by Acadesync. If the material is on a third-party site, please contact that provider directly. Make sure you own or are authorized to act on behalf of the owner of the copyright.

Sending a DMCA notice is a legal statement made under penalty of perjury. Misrepresenting that material is infringing can expose you to liability for damages, including costs and attorneys' fees.

3. Designated Copyright Agent

Send DMCA notifications and counter-notifications to our designated agent:

Copyright Agent — SMPL.CX LLC
Attn: Copyright Agent
58 Altama Village Drive #1030
Brunswick, GA 31525
United States
Email: hello@acadesync.com (put "DMCA Notice" in the subject)
Phone: (+1) 706-955-2095
Fax: (+1) 706-842-5474

Email is the fastest way to reach us. We'll acknowledge receipt within two business days.

4. Submitting a DMCA Takedown Notice

Your notification of claimed infringement must include all of the following, as required by 17 U.S.C. § 512(c)(3):

1. A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
2. 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.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material (a direct URL is ideal).
4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic-mail address at which the complaining party may be contacted.
5. A statement that the complaining party has 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.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

A notice missing any of these elements is not effective under the DMCA and may be rejected. Please review each item carefully before sending.

5. What Happens After We Receive a Notice

Once we receive a valid DMCA notice, we will:

• Review the claim and, if the notice appears facially valid, remove or disable access to the material promptly.
• Notify the Acadesync customer or user that submitted the material, and provide them a copy of the takedown notice (redacted if necessary to protect privacy).
• Preserve the removed material in case it is needed for the counter-notification process.

Repeat infringers may have their Acadesync account terminated, consistent with our repeat-infringer policy and our Terms of Service.

6. Submitting a Counter-Notification

If you are an Acadesync customer or user whose material was removed and you believe the removal was a mistake or misidentification, you may submit a counter-notification under 17 U.S.C. § 512(g). Your counter-notification must include:

1. Your physical or electronic signature.
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
3. 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. Your name, 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 address is located (or, if you live outside the United States, for any judicial district in which Acadesync may be found), and that you will accept service of process from the person who provided the original DMCA notification or an agent of that person.

If we receive a valid counter-notification, we will forward it to the original complaining party. Unless the complaining party files a court action against you within 10 to 14 business days, we will restore the removed material.

7. Repeat-Infringer Policy

Acadesync will, in appropriate circumstances and in its sole discretion, disable and/or terminate the accounts of users who repeatedly infringe the copyrights of others. A "repeat infringer" is a user who has been the subject of multiple valid DMCA takedown notices, regardless of whether a counter-notification was filed in any individual instance.

8. Safe-Harbor Statement

Acadesync complies with the DMCA safe-harbor provisions at 17 U.S.C. § 512 for user-generated content. This page, and the designated-agent contact information above, are our public statement of that compliance. We do not waive any rights or defenses available to us under the law by posting this notice.

9. Questions

If you have questions about this process that aren't a formal DMCA notice, you can email us at hello@acadesync.com and we'll try to help.

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This DMCA notice page is informational and does not constitute legal advice. If you have questions about your rights or obligations under copyright law, please consult an attorney.