DMCA and Copyright Policy

1. Introduction

Foundational Creations ("Company," "we," "us," or "our"), a company registered in India, respects the intellectual property rights of others and expects all users of the LoveVerse application, website located at loveverse.cc, and all related services (collectively, the "Service") to do the same.

This DMCA and Copyright Policy (the "Policy") outlines our procedures for responding to claims of copyright infringement in accordance with the Digital Millennium Copyright Act of 1998 ("DMCA"), 17 U.S.C. Section 512, and applicable international copyright laws and treaties. Although Foundational Creations is registered in India and operates under Indian jurisdiction, we voluntarily comply with the DMCA framework as a matter of best practice and to protect the rights of copyright holders worldwide. We also comply with the Indian Copyright Act, 1957 (as amended), the Information Technology Act, 2000, and applicable international intellectual property treaties to which India is a signatory, including the Berne Convention for the Protection of Literary and Artistic Works and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).

We take copyright infringement seriously and will respond promptly to notices of alleged infringement that comply with applicable law and the requirements set forth in this Policy. We are committed to removing or disabling access to material that is determined to be infringing and to taking appropriate action against repeat infringers, up to and including permanent termination of their accounts.

2. Our Commitment to Intellectual Property Protection

We are committed to fostering a creative environment that respects the intellectual property rights of all parties. Our commitment includes the following principles and practices:

• Promptly investigating and responding to all notices of alleged copyright infringement that comply with the requirements of this Policy
• Removing or disabling access to material that is credibly claimed to be infringing or is determined to be infringing upon proper investigation
• Maintaining a fair and transparent process for both copyright holders submitting takedown notices and users submitting counter-notifications
• Implementing and enforcing a repeat infringer policy that includes termination of accounts of users who repeatedly infringe the copyrights of others
• Cooperating with copyright holders, their representatives, and law enforcement agencies in the investigation and prosecution of copyright infringement
• Educating our users about copyright law and their responsibilities when using the Service
• Continuously improving our technical and procedural measures to detect and prevent copyright infringement on the Service

We believe that respect for intellectual property rights is essential to the creative ecosystem and to the sustainability of platforms like ours that enable users to create and share content.

3. AI-Generated Content Notice

LoveVerse uses advanced artificial intelligence technologies, including large language models from OpenAI and Anthropic for text and lyric generation, and ElevenLabs for AI vocal synthesis, to generate personalized songs, lyrics, music, and vocal performances based on user-provided stories, memories, and prompts.

We acknowledge and recognize the following important considerations regarding AI-generated content and copyright:

• Originality Limitations: AI models are trained on large datasets that may include copyrighted material. While our AI systems are designed and configured to produce original content, there is an inherent possibility that AI-generated output may bear similarities to, or inadvertently resemble, pre-existing copyrighted works. This is a known limitation of current AI technology across the industry.
• No Intentional Copying: We do not instruct, configure, or design our AI models to copy, reproduce, or replicate any specific copyrighted work. Song generation is driven by the unique stories and prompts provided by each user, combined with the creative capabilities of the AI models.
• Copyright Status: The copyright status of AI-generated content is an evolving area of law that varies by jurisdiction. In many jurisdictions, the copyrightability of purely AI-generated content without sufficient human creative contribution is uncertain or may not be recognized. Users should be aware of the legal landscape in their jurisdiction regarding the ownership and copyrightability of AI-generated works.
• User Responsibility: Users are responsible for reviewing AI-generated content before publishing, sharing, or distributing it, and for ensuring that their use of such content does not infringe the copyright or other intellectual property rights of any third party.
• Responsive to Claims: Despite the limitations inherent in AI generation, we take all claims of copyright infringement seriously and will investigate and respond to notices regarding AI-generated content with the same diligence and promptness as we do for any other content on the Service.

If you believe that AI-generated content produced through our Service infringes your copyright, please follow the notification procedures described in Section 4 below. We will promptly investigate all such claims and take appropriate action, which may include removing or disabling access to the allegedly infringing content, modifying our AI systems to prevent similar outputs, or other remedial measures.

4. Filing a DMCA Takedown Notice

If you are a copyright owner, or an agent authorized to act on behalf of a copyright owner, and you believe that material available on or through the Service infringes one or more of your copyrights, you may submit a written notification ("DMCA Takedown Notice") to our designated Copyright Agent. To be effective under 17 U.S.C. Section 512(c)(3) and to facilitate our prompt investigation, your DMCA Takedown Notice must be in writing and must include substantially the following information:

1. Physical or Electronic Signature: A physical or electronic signature of the copyright owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For electronic submissions, a typed full legal name is acceptable.
2. Identification of the Copyrighted Work: Identification of the copyrighted work or works claimed to have been infringed. If multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. Please provide sufficient detail to allow us to identify the work, such as the title, author, publication date, registration number (if available), or a link to the original work.
3. Identification of the Infringing Material: 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 on the Service. Please provide specific URLs, song identifiers, user account names, or other precise location information.
4. Contact Information: Information reasonably sufficient to permit us to contact you, including your full legal name, mailing address, telephone number, and email address.
5. 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.
6. Accuracy and Authorization Statement: A statement that the information in the notification is accurate, and under penalty of perjury (for notices under U.S. law), that you are the copyright owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Important Warning: Under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages, including costs and attorneys' fees incurred by us, the alleged infringer, or any copyright owner or authorized licensee who is injured by such misrepresentation. Please ensure that your notice is accurate and submitted in good faith before filing a takedown request.

5. Submitting Your Notice

Please send your DMCA Takedown Notice to our designated Copyright Agent using one of the following methods:

For the fastest possible response, we recommend submitting your notice by email with the subject line "DMCA Takedown Notice - LoveVerse." Please include all required information as detailed in Section 4 above. Incomplete notices may not be actionable and may result in delays in processing your request.

Upon receiving a complete and valid DMCA Takedown Notice, we will acknowledge receipt, investigate the claim, and take appropriate action as described in Section 9 (Response Timeline) of this Policy.

6. Counter-Notification Procedure

If you believe that material you posted on or through the Service was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification ("Counter-Notice") with our Copyright Agent. A Counter-Notice is a legal document, and submitting a false or fraudulent Counter-Notice may have legal consequences.

Your Counter-Notice must be in writing and must include substantially the following information:

1. Physical or Electronic Signature: Your physical or electronic signature (a typed full legal name is acceptable for electronic submissions).
2. Identification of Removed Material: 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 disabled (including any URLs or specific identifiers).
3. Good Faith Statement: A statement under penalty of perjury (for notices under U.S. law) that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
4. Contact Information: Your full legal name, mailing address, telephone number, and email address.
5. Consent to Jurisdiction: A statement that you consent to the jurisdiction of the courts in India (or, for U.S. residents, the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, any judicial district in which Foundational Creations may be found) and that you will accept service of process from the person who provided the original DMCA Takedown Notice or an agent of such person.

Please send your Counter-Notice to support@loveverse.cc with the subject line "DMCA Counter-Notification - LoveVerse."

Upon receiving a valid and complete Counter-Notice, we will:

• Promptly provide the original complainant with a copy of the Counter-Notice and inform them that the removed material will be restored in 10 to 14 business days
• Restore the removed material or re-enable access to it within 10 to 14 business days after receipt of the Counter-Notice, unless our Copyright Agent receives notice from the original complainant that they have filed a court action seeking to restrain you from engaging in infringing activity relating to the material on the Service

Please be advised that filing a fraudulent or bad faith Counter-Notice may expose you to legal liability. We recommend consulting with a qualified attorney before submitting a Counter-Notice if you are unsure about your legal rights.

7. Repeat Infringer Policy

In accordance with the DMCA, the Indian Copyright Act, 1957, and other applicable intellectual property laws, we have adopted and implemented a policy for the termination, in appropriate circumstances, of users and account holders who are repeat infringers of the copyrights or other intellectual property rights of others.

7.1 Definition of Repeat Infringer

A user may be considered a repeat infringer if any of the following conditions are met:

• We have received two (2) or more valid DMCA Takedown Notices (or equivalent copyright complaints) regarding content associated with the user's account, where the user has not successfully filed Counter-Notices or had the notices dismissed
• The user has been found by a court of competent jurisdiction to have infringed the copyright or other intellectual property rights of a third party in connection with their use of the Service
• The user has been previously warned about copyright infringement and continues to upload or share content that is the subject of valid infringement claims
• The user engages in a pattern of behavior that demonstrates a disregard for the intellectual property rights of others, as determined by us in our reasonable discretion

7.2 Consequences for Repeat Infringers

When a user is determined to be a repeat infringer, we may, at our sole discretion, take one or more of the following actions:

• Issue a formal written warning to the user
• Temporarily suspend the user's account for a specified period
• Restrict the user's ability to upload content, generate songs, or use certain features of the Service
• Permanently terminate the user's account and revoke all rights to use the Service
• Remove all content associated with the user's account from the Service
• Refuse to allow the user to create new accounts on the Service

The specific action taken will depend on the severity, frequency, and nature of the infringements, the user's response to prior warnings, and other relevant circumstances. We reserve the right to terminate the account of any user for even a single instance of copyright infringement if the circumstances warrant such action.

7.3 Appeal Process

Users whose accounts have been suspended or terminated under our repeat infringer policy may appeal the decision by contacting us at support@loveverse.cc with the subject line "Repeat Infringer Appeal - LoveVerse." Appeals will be reviewed on a case-by-case basis, and we will respond within 15 business days.

8. Modifications to Removed Content

When we remove content or disable access to content based on a valid DMCA Takedown Notice or copyright complaint, the following procedures apply:

• The allegedly infringing content will be removed from public access or access will be disabled promptly upon verification of the notice
• The user who created or uploaded the content will be notified by email of the removal, the reason for the removal, and the content identified in the notice. The notification will include information about the user's right to submit a Counter-Notice.
• A detailed record of the removal will be maintained in our internal systems, including the date of the notice, the content affected, the complainant's information, and the actions taken
• If no valid Counter-Notice is received within the applicable timeframe, the content may be permanently deleted from our systems after 90 days
• If a valid Counter-Notice is received and the complainant does not file a court action, the content will be restored within 10 to 14 business days after receipt of the Counter-Notice
• We will preserve evidence of the removed content and all related correspondence as required by law and as necessary for the resolution of any related disputes

9. Response Timeline

We are committed to promptly investigating and responding to all copyright infringement claims. The following timeline outlines our standard response procedures:

• Receipt Acknowledgment: Within 2 business days of receiving your DMCA Takedown Notice or Counter-Notice, we will send an acknowledgment confirming receipt and providing a reference number for tracking purposes.
• Initial Review and Assessment: Within 5 business days of receipt, our team will conduct an initial review of the notice to assess its completeness, validity, and the specific allegations. If the notice is incomplete, we will contact the complainant to request additional information.
• Content Removal or Disabling (if applicable): If the notice is valid and complete, we will remove or disable access to the allegedly infringing material within 10 business days of receipt, or sooner if the circumstances warrant expedited action.
• Notification to Content Creator: Within 2 business days of removing or disabling the content, we will notify the user who created the content and inform them of their right to submit a Counter-Notice.
• Counter-Notice Processing: If a valid Counter-Notice is received, we will forward it to the original complainant within 3 business days and restore the content within 10 to 14 business days, unless we receive notice that the complainant has filed a court action.
• Resolution Notification: Once the matter is resolved (whether through content removal, restoration, or other action), we will notify all relevant parties of the final resolution.

In cases involving imminent harm, clear and egregious infringement, or legal urgency, we may expedite these timelines at our discretion. We reserve the right to extend these timelines if the complexity of the case or volume of notices requires additional time for thorough investigation.

10. Third-Party Content and Pexels Images

The Service incorporates and utilizes various types of third-party content, including but not limited to stock photographs and images. We are committed to ensuring that all third-party content used within the Service is properly licensed and attributed as required.

10.1 Pexels Stock Images

The Service uses stock photographs and images sourced from Pexels (pexels.com), a platform that provides free stock photos and videos under the Pexels License. The Pexels License permits free use of photos and videos for both personal and commercial purposes, with or without modification, and without the requirement of attribution (though attribution is appreciated). Key points regarding our use of Pexels images:

• Pexels images are used within the Service for backgrounds, visual elements, marketing materials, and user interface components
• These images remain the intellectual property of their respective photographers and contributors
• Our use of Pexels images is in compliance with the Pexels License terms
• Users of the Service do not receive any separate license rights to extract, download, or redistribute Pexels images independently from the Service
• If a Pexels image used in our Service infringes your copyright, please contact us using the procedures described in this Policy, and we will promptly investigate and take appropriate action

10.2 User-Uploaded Content

LoveVerse allows users to upload photographs and images for use in video collages and other features. Users are solely responsible for ensuring that they have the necessary rights, licenses, permissions, and releases for any photographs, images, or other materials they upload to the Service. By uploading content, users represent and warrant that they own the content or have obtained all necessary permissions.

We are not responsible for user-uploaded content, but we will respond promptly to valid DMCA Takedown Notices regarding such content. If you believe that a user has uploaded content to our Service that infringes your copyright, please follow the notification procedures described in Section 4 of this Policy.

10.3 AI Model Training Data

The third-party AI models we use (from OpenAI, Anthropic, and ElevenLabs) were trained by their respective companies on datasets that may include copyrighted material. We do not control the training data or training processes used by these third-party AI providers. If you have concerns about the training data used by these providers, we recommend contacting the respective provider directly. However, if you believe that AI-generated content on our Service specifically infringes your copyright, please contact us using the procedures in this Policy, and we will investigate the claim.

11. Trademark Complaints

While this Policy primarily addresses copyright infringement, we also take trademark infringement seriously. Trademark complaints are not covered by the DMCA but are addressed under applicable trademark laws, including the Trade Marks Act, 1999 (India) and the Lanham Act (United States).

If you believe that content on our Service infringes your trademark rights, please submit a written complaint to support@loveverse.cc with the subject line "Trademark Complaint - LoveVerse." Your trademark complaint should include:

• A description of the trademark you claim is being infringed, including the trademark registration number and the jurisdiction of registration (if applicable)
• A description of the goods or services covered by the trademark
• A description and specific location of the material on the Service that you believe constitutes trademark infringement
• An explanation of how the material constitutes trademark infringement (e.g., likelihood of confusion, dilution, tarnishment)
• Your full legal name, mailing address, telephone number, and email address
• A statement that you have a good faith belief that use of the trademark in the manner complained of is not authorized by the trademark owner, its agent, or the law
• A statement that the information in the complaint is accurate and, under penalty of perjury, that you are the trademark owner or are authorized to act on behalf of the trademark owner
• Your physical or electronic signature

We will investigate trademark complaints promptly and take appropriate action, which may include removing or modifying the allegedly infringing material, notifying the user responsible, and taking further action as warranted by the circumstances.

12. Safe Harbor and Limitation of Liability

Foundational Creations operates as an online service provider that provides tools and services enabling users to create and share content. We rely on the safe harbor provisions of Section 512 of the DMCA (and analogous provisions under other applicable laws) to limit our liability for copyright infringement by users of the Service.

12.1 Safe Harbor Requirements

To qualify for safe harbor protection, we maintain the following practices:

• We have designated a Copyright Agent to receive DMCA Takedown Notices and Counter-Notices
• We have adopted and implemented a repeat infringer policy that provides for termination of user accounts in appropriate circumstances
• We do not have actual knowledge of infringing material on the Service, and upon obtaining such knowledge, we act expeditiously to remove or disable access to the material
• We are not aware of facts or circumstances from which infringing activity is apparent, and upon becoming aware of such facts or circumstances, we act expeditiously to remove or disable access to the material
• We do not receive a financial benefit directly attributable to infringing activity in cases where we have the right and ability to control such activity
• We accommodate and do not interfere with standard technical measures used by copyright owners to identify or protect copyrighted works

12.2 Scope of Liability

To the maximum extent permitted by applicable law, Foundational Creations shall not be liable for any damages arising from: (a) user-generated or user-uploaded content that infringes the copyright or other intellectual property rights of third parties; (b) AI-generated content that may inadvertently resemble or contain elements similar to pre-existing copyrighted works; or (c) any actions taken by us in good faith pursuant to a valid DMCA Takedown Notice or Counter-Notice, including the removal, disabling, or restoration of content.

13. Indian Copyright Law and International Compliance

As a company registered in India, our copyright enforcement practices comply with the Indian Copyright Act, 1957 (as amended by the Copyright (Amendment) Act, 2012) and are informed by the following international treaties and agreements:

13.1 Indian Copyright Act, 1957

Under the Indian Copyright Act, copyright subsists in original literary, dramatic, musical, and artistic works, cinematograph films, and sound recordings. The Act provides for civil remedies (including injunctions, damages, and accounts of profits) and criminal penalties for copyright infringement. Section 51 of the Act defines copyright infringement, and Section 52 provides for certain permitted uses (fair dealing) that do not constitute infringement.

While the Indian Copyright Act does not contain a direct equivalent to the DMCA's safe harbor provisions, Section 79 of the Information Technology Act, 2000 provides limited liability protection for intermediaries (including online platforms) that comply with due diligence requirements, including removing unlawful content upon receiving actual knowledge or notification from the appropriate authority.

13.2 International Treaties

• Berne Convention: India is a signatory to the Berne Convention for the Protection of Literary and Artistic Works, which establishes minimum standards of copyright protection among member states and the principle of national treatment.
• TRIPS Agreement: As a member of the World Trade Organization, India complies with the Agreement on Trade-Related Aspects of Intellectual Property Rights, which sets minimum standards for intellectual property regulation.
• WIPO Copyright Treaty: India's copyright framework is aligned with the principles of the WIPO Copyright Treaty regarding the protection of works in the digital environment.
• Universal Copyright Convention: India has acceded to the Universal Copyright Convention, providing additional international copyright protection frameworks.

13.3 Cross-Border Enforcement

We recognize that our users and the copyright holders who may be affected by activity on our Service are located in jurisdictions around the world. We are committed to cooperating with copyright holders regardless of their location and to complying with applicable copyright laws in all relevant jurisdictions. Our adoption of DMCA procedures, even though we are not a U.S. company, reflects our commitment to providing a robust and internationally recognized framework for addressing copyright infringement claims.

14. Content Licensing and User Obligations

Users of the Service should be aware of the following licensing and intellectual property considerations:

14.1 User Content License

By uploading content to the Service (including photographs, text, and other materials), you represent and warrant that you own all rights to the content or have obtained all necessary licenses, permissions, and releases. You grant Foundational Creations a license to use such content solely for the purpose of providing the Service, as described in our Terms of Service.

14.2 Generated Content License

AI-generated content (songs, lyrics, music, vocals, and videos) created through the Service is provided to you under a license that depends on your purchase tier, as detailed in our Terms of Service. You are responsible for ensuring that your use of Generated Content does not infringe the rights of any third party.

14.3 Prohibited Uses

Users are prohibited from:

• Uploading or submitting content that infringes the copyright, trademark, or other intellectual property rights of any third party
• Using the Service to intentionally reproduce, replicate, or create derivative works of copyrighted material without proper authorization
• Circumventing or attempting to circumvent any technical measures we implement to prevent copyright infringement
• Misrepresenting the ownership or origin of content uploaded to or generated through the Service
• Using the Service in any manner that violates applicable copyright laws or intellectual property regulations

15. Record Keeping and Transparency

We maintain detailed records of all copyright-related notices, complaints, and actions taken in response. These records include:

• All DMCA Takedown Notices and Counter-Notices received, including the date of receipt, the identity of the complainant, the content at issue, and the actions taken
• Records of content removal or disabling actions, including the date, reason, and duration
• Records of account warnings, suspensions, and terminations related to copyright infringement
• Correspondence with complainants, users, and legal representatives regarding copyright matters
• Records of trademark complaints and actions taken

These records are retained for a minimum of 5 years and are made available to law enforcement agencies, regulatory authorities, and courts of competent jurisdiction as required by law.

16. Changes to This Policy

We may update this DMCA and Copyright Policy from time to time to reflect changes in our practices, applicable laws, or industry standards. When we make material changes, we will:

• Update the "Last Updated" date at the top of this page
• Post the revised Policy on our website at loveverse.cc
• Notify users of significant changes through in-app notifications or email, as appropriate

We encourage you to review this Policy periodically to stay informed about our copyright enforcement practices. Your continued use of the Service after changes are posted constitutes your acknowledgment of the updated Policy.

17. Contact Information

For all copyright, DMCA, trademark, and intellectual property-related inquiries, please contact us:

We aim to acknowledge receipt of all copyright-related communications within 2 business days and to provide a substantive response within the timelines described in Section 9 of this Policy.