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DMCAFiler Terms of Service

Effective date: March 10, 2026

Last updated: March 10, 2026 (v1.0)

Service Provider

The DMCAFiler services are provided by, and you are contracting with:

THE JO LAW FIRM, PC, a California professional corporation, with principal offices at 1 Sansome Street, Suite 1400, San Francisco, CA 94104, operating the DMCAFiler brand and the websites at dmcafiler.com and app.dmcafiler.com (together, the "Website"), together with all related content, tools, features, software, documentation, and online services offered through the Website (collectively, the "Services"). For purposes of these Terms, "DMCAFiler," "we," "us," and "our" refer to THE JO LAW FIRM, PC and its affiliates. For purposes of these Terms, "you" and "your" refer to the natural person or entity accessing or using the Services.

Our mailing address for all correspondence, legal notices, and service of process (unless a specific section of these Terms designates otherwise) is 2261 Market Street, STE 10522, San Francisco, CA 94114.

By accessing or using the Services, or by clicking a button or checking a box marked "I Agree" (or something similar), you signify that you have read, understood, and agree to be bound by these Terms, and you acknowledge that you have read and understood our Privacy Policy. We reserve the right to modify these Terms, and we will provide notice of material changes as described below.

These Terms apply to all visitors and users of the Services, including unpaid website visitors, self-service subscribers, one-time purchasers of takedown or consultation services, e-filing clients, requesters of the Free Professional Review (also called the "Request a Free Review" or "Request Quote" intake), and all others who access the Services (collectively, "Users"). These Terms apply to Users regardless of whether they have created an account, completed an intake, paid any fee, or executed any Engagement Agreement. If you use the Services on behalf of a company or other entity, then "you" includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms, and (b) you agree to these Terms on the entity's behalf.

Important Notices — Please Read Carefully

ATTORNEY ADVERTISING. This is attorney advertising. Prior results do not guarantee a similar outcome. DMCAFiler is an attorney-run legal services platform; some Services are provided by attorneys licensed in California, and some Services (described below) are self-service tools that do not include attorney services and do not create an attorney–client relationship.

ARBITRATION AND CLASS-ACTION WAIVER. THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND CLASS-ACTION WAIVER (see Dispute Resolution By Binding Arbitration below). BY AGREEING TO THESE TERMS, YOU AGREE TO RESOLVE ALL DISPUTES WITH US THROUGH BINDING INDIVIDUAL ARBITRATION, EXCEPT AS EXPRESSLY CARVED OUT (INCLUDING ANY DISPUTE ARISING FROM ATTORNEY PROFESSIONAL CONDUCT TO THE EXTENT APPLICABLE LAW PROHIBITS PRE-DISPUTE ARBITRATION OF SUCH CLAIMS). YOU ALSO WAIVE ANY RIGHT TO HAVE THOSE DISPUTES DECIDED BY A JUDGE OR JURY, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE ACTIONS — UNLESS YOU OPT OUT WITHIN 30 DAYS IN ACCORDANCE WITH THE OPT-OUT PROCEDURE BELOW.

SECTION 512(f) LIABILITY. Under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material is infringing may be liable for damages, including costs and attorneys' fees. You are responsible for the accuracy of the factual representations you make in any takedown notice submitted through the Services, including the representations you sign under penalty of perjury pursuant to 17 U.S.C. § 512(c)(3).

Nature of the Services

DMCAFiler provides three distinct categories of Services. Your rights and obligations — and, critically, whether you have formed an attorney–client relationship with the Firm — depend on which category applies to your interaction with us.

1. Attorney Services (Basic / Standard / Premium Takedown, E-Filing, and Consultation)

The Basic Takedown, Standard Takedown, Premium Takedown, E-Filing, and Consultation tiers are Attorney Services provided by attorneys of THE JO LAW FIRM, PC who are licensed in California (and, with respect to federal copyright matters, in federal courts where they are admitted or where admission pro hac vice is obtained). Each Attorney Services tier forms a limited-scope attorney–client relationship under one of three accompanying Engagement Agreements, each of which is presented to you for electronic signature during intake before any work begins:

  • Takedown Engagement Agreement (/legal/engagement-takedown) — governs the Basic, Standard, and Premium Takedown tiers (drafting and transmittal of DMCA § 512(c)(3) takedown notices on the Client's behalf);
  • E-Filing Engagement Agreement (/legal/engagement-efiling) — governs the E-Filing tier (preparation and filing of a federal complaint solely to obtain a case number under § 512(g)(2)(C)); and
  • Consultation Engagement Agreement (/legal/engagement-consultation) — governs the Consultation tier (single written attorney consultation with one follow-up).

Each Engagement Agreement defines the scope of representation, the deliverables, the fees, the refund and conflict-check terms, the attorney–client privilege scope, and the dispute mechanism applicable to that representation. The Engagement Agreement controls over these Terms as to all professional services delivered under it (see "Order of Precedence" below).

2. Self-Service Digital Product (DIY Subscription)

The DIY tier ($9.99/month subscription) is a self-service digital-product subscription, not a legal service. It provides software tools, templates, form-generation utilities, and general legal information that allow you to prepare and send your own DMCA notices. The DIY tier is governed exclusively by these Terms of Service and is NOT covered by any Engagement Agreement.

THE DIY TIER DOES NOT CONSTITUTE LEGAL ADVICE, DOES NOT ESTABLISH AN ATTORNEY–CLIENT RELATIONSHIP, IS NOT PROTECTED BY THE ATTORNEY–CLIENT PRIVILEGE OR THE WORK-PRODUCT DOCTRINE, AND DOES NOT GIVE RISE TO ANY DUTY OF CARE OWED BY THE FIRM TO THE SUBSCRIBER WITH RESPECT TO THE LEGAL MERIT, FACTUAL ACCURACY, OR LIKELY OUTCOME OF ANY NOTICE GENERATED USING THE DIY TIER. Use of the DIY tier is solely at your own risk, and you remain solely responsible for the accuracy of every factual representation made in any notice you generate, including the statement of authorization made under penalty of perjury under 17 U.S.C. § 512(c)(3)(A)(vi). If you require legal advice about a specific matter, you should retain an attorney (either through our Attorney Services tiers or through an attorney of your own choosing).

3. Free Professional Review (Promotional Pre-Engagement Triage)

The Free Professional Review (also presented on the Website as "Request a Free Review," "Request Quote," or the equivalent) is a no-fee, promotional, pre-engagement service-fit triage. When you submit a Free Professional Review request, a Firm attorney or staff member may review your submission for the limited purpose of (a) determining whether one of the Firm's paid service tiers (DIY, Basic, Standard, Premium, E-Filing, or Consultation) is a likely fit for your matter, (b) suggesting which tier (or no tier at all) may be most appropriate, and (c) providing you with a custom price quote where applicable.

THE FREE PROFESSIONAL REVIEW IS NOT LEGAL ADVICE, AND BY USING IT YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

(a) No attorney–client relationship is formed by your submission of a Free Professional Review request, by the Firm's review of your submission, by any communication from the Firm in response (including any service-fit recommendation or price quote), or by your reliance on any such communication. An attorney–client relationship with the Firm arises only upon (i) the Firm's affirmative acceptance of an engagement and (ii) your electronic execution of the applicable Engagement Agreement (Takedown, E-Filing, or Consultation).

(b) No legal advice is provided. Any communication you receive in response to a Free Professional Review submission is promotional and informational only and is offered solely to help you select among DMCAFiler's service offerings. It is not a legal opinion, not a substitute for individualized legal advice, and not to be relied upon as a basis for any legal action, business decision, or representation made to any third party (including any service provider or alleged infringer).

(c) No conflict check is performed at the Free Professional Review stage. The Firm reserves the right to decline to take you on as a client at any time, including after a Free Professional Review has been completed, for any reason or no reason (subject only to applicable rules of professional conduct).

(d) No duty of care is owed by the Firm to you in connection with the Free Professional Review. Without limiting the generality of the foregoing, the Firm is not responsible for the timeliness, accuracy, completeness, or applicability of any service-fit assessment, price quote, or general information provided in response to your submission.

(e) No attorney–client privilege or work-product protection attaches to information you submit in connection with the Free Professional Review, except that, where applicable law treats prospective-client information as confidential under rules governing prospective clients (including, where applicable, ABA Model Rule 1.18 and California Rule of Professional Conduct 1.18), the Firm will treat your submission consistently with those rules. You should not submit privileged communications, third-party confidences, sensitive personal data of others, or trade-secret material in connection with a Free Professional Review.

(f) § 512(f) responsibility remains with you. Nothing in any Free Professional Review communication shifts to the Firm any responsibility for the accuracy of any factual representation you may later make in a DMCA notice (whether prepared through the DIY tier or otherwise). You remain solely responsible for compliance with 17 U.S.C. § 512(c)(3) and § 512(f) in connection with any notice you ultimately send.

(g) Decline or non-response is not advice. A decline of further engagement, a redirect to outside counsel, or the absence of a response from the Firm is not, and should not be construed as, advice on the merits, viability, urgency, or absence of any legal claim you may have.

The Firm offers the Free Professional Review as a marketing courtesy and reserves the right to modify, suspend, or discontinue it at any time without notice.

The tier descriptions, pricing, and scope of each Service are set forth on the Website (including the Pricing and Solutions pages) and, for Attorney Services, in the applicable Engagement Agreement. In the event of conflict between a tier description on the Website and the Engagement Agreement, the Engagement Agreement controls. Nothing in these Terms, on the Website, or in any marketing communication constitutes legal advice, a guarantee of any particular outcome, or a warranty that your copyrighted material will be removed, that any respondent will comply with a takedown notice, that any lawsuit will succeed, or that any relief will be awarded.

Order of Precedence

Several documents may govern your relationship with DMCAFiler at the same time. To eliminate ambiguity, the documents apply in the following order of precedence:

  1. The applicable Engagement Agreement (Takedown, E-Filing, or Consultation), if you have executed one. The Engagement Agreement controls as to all professional services delivered under it, including (without limitation):

    • the scope of legal representation;
    • fees for legal services and refund eligibility for legal services (including the Money-Back Guarantee where applicable);
    • conflicts of interest, attorney withdrawal, and substitution of counsel;
    • the attorney–client privilege and the duty of confidentiality;
    • dispute resolution between client and attorney as to professional services (subject to applicable rules of professional conduct, including any rule prohibiting pre-dispute arbitration of legal-malpractice claims); and
    • the identity of the client and any conflict waiver.

  2. These Terms of Service, the Privacy Policy (/legal/privacy), and the Refund Policy (/legal/refund) control as to all other matters, including (without limitation):

    • platform access, account creation, account security, and lawful use of the Website;
    • intellectual-property ownership of the Website, software, marks, and trade dress;
    • payment-processor relationships and tax handling (subject to legal-services refund terms in the Engagement Agreement);
    • dispute resolution for any claim NOT arising out of an Engagement Agreement (e.g., a billing-platform dispute by a Free Professional Review requester who never became a client);
    • the rules governing visitors, unpaid users, DIY subscribers, and Free Professional Review requesters, none of whom have an Engagement Agreement; and
    • any other matter not specifically governed by an Engagement Agreement.

  3. A tier description, marketing communication, or order form on the Website controls over silence in the Engagement Agreement, but does not override an express term of the Engagement Agreement or these Terms.

For the avoidance of doubt:

  • DIY subscribers, visitors, and Free Professional Review requesters are governed exclusively by these Terms (together with the Privacy and Refund Policies). They have no Engagement Agreement and no attorney–client relationship with the Firm.
  • A User may simultaneously hold multiple roles — for example, a former Free Professional Review requester who later becomes a Takedown client. From the moment such a User executes an Engagement Agreement, the Engagement Agreement controls as to the matter it covers, while these Terms continue to govern all other interactions (including the User's general use of the Website).

Jurisdictional Limitations

DMCAFiler's attorneys are licensed to practice law only in California and, with respect to federal copyright matters, in federal courts where they are admitted or where admission pro hac vice is obtained. We do not hold ourselves out as available to practice law in any jurisdiction where we are not licensed. If you are located outside California or require representation in a jurisdiction where our attorneys are not admitted, you should retain local counsel. Access to the Website from jurisdictions where the content would be unlawful is prohibited.

Use of the Services

Your Registration Obligations

When you register to use the Services, you agree to provide accurate, current, and complete information about yourself, including your full legal name, address, and other information requested during intake. You must be at least 18 years of age, or the age of majority in your jurisdiction, to use the Services. The Services are not directed to, and must not be used by, children under 13 (or under 16 if you are an EU resident).

Your User Account

Your account on the Services (your "User Account") grants you access to Services and features that we may, at our sole discretion, establish and modify from time to time. We may offer different types of User Accounts for different categories of users (for example, client, attorney, support staff, and administrator roles; and paid vs. unpaid tiers). You acknowledge and agree that, notwithstanding anything to the contrary in these Terms, you do not own your User Account.

We may establish general practices and limitations regarding use of the Services, including (i) the maximum period of time case records, evidence, and related data will be retained and (ii) the maximum storage capacity allotted to your account. We will retain attorney–client records for the period required by our file-retention policy and applicable rules of professional conduct, and we may destroy records thereafter, subject to your reasonable request to retrieve your file prior to destruction. You acknowledge that, outside of our file-retention obligations, we are not responsible for the deletion, loss, or failure to store any data or content uploaded to or maintained by the Services.

Organizational Accounts

Certain individuals may access the Services on behalf of a company or other entity (such entity, an "Organization"). In such cases: (i) these Terms are an agreement between us, the individual, and the Organization; (ii) the individual accepting these Terms represents and warrants authority to bind the Organization to these Terms (and, in the absence of such authority, such individual may not access or use the Services); (iii) the Organization is jointly and severally responsible for all fees incurred under its associated accounts and for the acts and omissions of its users; (iv) we may disclose information regarding the Organization's users to the Organization in our sole discretion; and (v) if the Organization is our client under an Engagement Agreement, the Engagement Agreement identifies the Organization as the client for purposes of the attorney–client relationship, and individual users are not themselves clients unless the Engagement Agreement expressly so provides.

Account Security

You are responsible for maintaining the confidentiality of your password and account, and for all activities that occur under your password or account. You agree to immediately notify DMCAFiler at support@thejolawfirm.com of any unauthorized use of your password or account or any other breach of security, and to log out at the end of each session. DMCAFiler will not be liable for any loss or damage arising from your failure to comply with this paragraph.

Email and In-App Notifications; E-Sign Consent

You consent to receive notifications from us electronically — by email to the address you provide, by SMS (where you have opted in), and by in-app notification. These notifications may concern your account, case status, attorney communications, billing, marketing, or changes to the Services or these Terms. You further consent, pursuant to the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. § 7001 et seq., the "ESIGN Act") and any analogous state law, to execute agreements electronically, including the Engagement Agreement and these Terms. You may withdraw your consent to receive electronic communications by contacting us at support@thejolawfirm.com, but withdrawal of such consent may prevent us from delivering the Services and may constitute grounds for termination.

Your Personal Information

We explain how we collect and use personal information in our Privacy Policy, located at /legal/privacy. You should only provide us with personal information about others if you have received permission to do so. To the extent you provide information about third parties (for example, the alleged infringer in a takedown matter), you represent and warrant that you have complied with all applicable laws and have appropriate authority or consent for us to collect and process such information to operate the Services.

If the Services are provided as Attorney Services, we will also treat information you provide to the attorney handling your matter as client information protected under applicable rules of professional conduct governing lawyer confidentiality (including, where applicable, ABA Model Rule 1.6 and its state-specific counterparts). Our obligations as your attorney under those rules are in addition to, not replaced by, our obligations under these Terms and the Privacy Policy.

Your Representations as a Copyright Holder

By submitting any takedown notice, complaint, consultation request, or other copyright-related matter through the Services, you represent, warrant, and covenant that:

  1. You are either the owner of the copyrighted work(s) at issue, or you are an authorized agent of the owner with authority to act on the owner's behalf;
  2. You have a good-faith belief that the use of the material identified in the notice is not authorized by the copyright owner, its agent, or the law, as required by 17 U.S.C. § 512(c)(3)(A)(v);
  3. The information you provide is accurate, complete, and not misleading;
  4. You have not knowingly materially misrepresented that any material or activity is infringing;
  5. You understand that, under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material is infringing (or was removed by mistake) may be liable for damages, including costs and attorneys' fees incurred by the alleged infringer, the service provider, or DMCAFiler;
  6. You will promptly provide DMCAFiler with any additional documentation, evidence, or information reasonably requested in connection with your matter; and
  7. Where you execute a DMCA notice under penalty of perjury pursuant to 17 U.S.C. § 512(c)(3), you have made those statements truthfully and with personal knowledge (or, where permissible, on information and belief expressly so noted).

You agree to indemnify and hold harmless DMCAFiler as set forth in Indemnity and Release below for any breach of the representations in this section.

Conditions of Use

User Conduct

You agree not to submit any User Content (including intake responses, evidence uploads, messages to attorneys or staff, and any other information submitted through the Services) that:

  1. Infringes any intellectual property or other proprietary rights of any party, except as necessary for the good-faith preparation, submission, or defense of a copyright enforcement action on your behalf;
  2. You do not have a right to submit;
  3. Contains software viruses or any computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
  4. Poses a privacy or security risk to any person, other than as necessary to identify an alleged infringer in connection with a good-faith copyright enforcement action;
  5. Constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities, "junk mail," "spam," "chain letters," "pyramid schemes," "contests," "sweepstakes," or any other form of solicitation;
  6. Is threatening, abusive, harassing, tortious, bullying, excessively violent, defamatory, libelous, or verifiably false with the purpose of harming others;
  7. Constitutes hate speech or sexual exploitation or abuse of a minor (including child sexual abuse material);
  8. Glorifies self-harm, promotes terrorism, or furthers or promotes criminal activity; or
  9. In the sole judgment of DMCAFiler, is objectionable, materially misrepresents any fact relevant to a copyright matter, or may expose DMCAFiler or its users to harm, liability, or professional-conduct violations.

You likewise agree not to, in connection with your use of the Services:

  1. Violate any applicable law or regulation, including federal and state copyright law, 17 U.S.C. § 512(f), attorney-advertising rules, or unauthorized-practice-of-law statutes;
  2. Impersonate any person or entity, or misrepresent your affiliation with or authority to act on behalf of a copyright owner;
  3. Use the Services to harass or retaliate against any person under the pretense of a copyright claim;
  4. Harvest or collect email addresses or other contact information of other users;
  5. Obtain or attempt to obtain any information through any means not intentionally made available through the Services;
  6. Lease, lend, sell, or sublicense any part of the Services;
  7. Evade any technological measure designed to protect the Services; or
  8. Reverse-engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any Services source code, except as expressly permitted by applicable law notwithstanding this restriction.

We reserve the right to investigate and take appropriate action against anyone who, in our sole discretion, we conclude has violated the provisions above. That action may include removing User Content, suspending or terminating your account, withdrawing from representation (subject to applicable rules of professional conduct), reporting you to law enforcement, and pursuing any remedy available at law or in equity.

Usage Data

We may collect, or you may provide to us, diagnostic, technical, usage, and related information about your use of the Services, including information about your devices, systems, and software (collectively, "Usage Data"). Usage Data is and will be owned solely and exclusively by us, and, to the extent any ownership rights in the Usage Data vest in you, you hereby assign to us all right, title, and interest (including Intellectual Property Rights) therein. We may use Usage Data for any lawful purpose, including (a) providing, maintaining, and improving the Services; (b) monitoring compliance with these Terms; (c) research and analytics; and (d) sharing analytics and derived Usage Data with third parties solely in de-identified or aggregated form. Usage Data does not include, and we will not disclose, the substance of privileged attorney–client communications except as permitted or required by applicable law and rules of professional conduct.

Feedback

If you provide us suggestions, recommendations, or other feedback relating to the Services ("Feedback"), you hereby assign to us all rights (including Intellectual Property Rights), title, and interest in and to the Feedback. We are free to use the Feedback without attribution or compensation. Feedback is not deemed your confidential information or attorney–client privileged communication unless it is within the scope of a matter for which we represent you as attorney.

Payment and Cancellations

Service Fees

Our Services are offered under the tiers, pricing, and scope descriptions set forth on the Website's Pricing pages (/pricing and /pricing/takedown) and, for Attorney Services, as confirmed in the applicable Engagement Agreement. Fees may include, without limitation:

  • DIY Subscription — a recurring monthly fee charged in advance for access to the self-service DIY tool;
  • Flat-Fee Services — one-time charges for Basic Takedown, Standard Takedown, Premium Takedown, and Consultation tiers, charged at the time of intake completion; and
  • E-Filing — a bundled charge consisting of (a) the DMCAFiler service fee, (b) the federal court filing fee, and (c) a handling fee, each itemized at the time of purchase. The federal court filing fee is an advanced cost paid to the court on your behalf, not a fee for legal services, and is governed by applicable rules for the handling of client costs and, where applicable, IOLTA rules in the governing jurisdiction.

All fees are billed in U.S. dollars. Where you view prices in a non-USD currency, we use Stripe's Adaptive Pricing or an equivalent mechanism to display a localized equivalent; the authoritative charge on your payment method is the USD amount stated at checkout. You authorize DMCAFiler, through our third-party payment processor (currently Stripe, Inc.), to charge the payment method you provide for all fees due in connection with the Services, together with any applicable taxes. If your payment information becomes inaccurate, incomplete, or invalid, we may suspend or terminate your account, and we may participate in programs supported by your card provider to obtain updated payment information.

Fees may change from time to time. If we increase recurring subscription pricing, we will give you at least 30 days' prior notice, and any increase will take effect on your next renewal date so that you may cancel before the increase.

Cancellations and Auto-Renewal

You may cancel the DIY subscription at any time through your account billing page or by contacting support@thejolawfirm.com. Cancellation takes effect at the end of your then-current billing period; you are not entitled to a refund for any unused portion of a paid billing period except as expressly provided in our Refund Policy (located at /legal/refund) or as required by applicable law.

Flat-fee Services (Basic, Standard, Premium, E-Filing, Consultation) are not auto-renewing subscriptions. They are purchased on a per-matter basis.

Refunds

Fees paid for the Services are non-refundable except as expressly provided in our Refund Policy (located at /legal/refund), in the applicable Engagement Agreement, or as required by applicable law. DMCAFiler does not offer, and has not undertaken, any money-back guarantee; any statement to the contrary on a third-party site or in historical marketing material is superseded by these Terms and the Refund Policy. Without limiting the foregoing, you acknowledge that the $405 federal court filing fee and the $25 handling fee for E-Filing matters are non-refundable once the complaint has been filed or submitted for filing.

Taxes

All fees are exclusive of applicable sales, use, value-added, or similar taxes, which are your responsibility except as required by law.

Intellectual Property Rights

User Content You Submit

When you submit User Content to the Services — including case intake responses, evidence files, takedown-notice drafts, messages, and any other information or materials — you represent and warrant that you own all right, title, and interest in and to that User Content (including all copyrights and rights of publicity), or that you have received all necessary permissions, clearances, and authorizations to submit it to the Services for the uses contemplated in these Terms.

Subject to the confidentiality obligations owed to you under applicable rules of professional conduct where you are a client under an Engagement Agreement, you grant DMCAFiler a nonexclusive, worldwide, royalty-free, fully paid-up, sublicensable, non-perpetual license to reproduce, transmit, store, process, and otherwise use your User Content solely as necessary to: (a) deliver the Services, including preparing, sending, filing, and defending takedown notices, complaints, and related communications; (b) comply with applicable law, court process, and rules of professional conduct; (c) maintain file records and case history consistent with our retention policy; and (d) enforce our rights under these Terms. This license terminates when your User Content is removed from the Services in accordance with our retention policy, except that we retain the right to keep archival copies as required by law or rules of professional conduct.

This section does not grant us the right to sell your User Content, to share it with third parties outside the necessary providers (such as hosting, email, payment, and court-filing vendors), or to use it to train machine-learning models. Privileged attorney–client communications will be treated in accordance with the applicable rules of professional conduct and not used for any purpose outside the scope of representation.

Our Services, Software, and Trademarks

The Services may contain content or features protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. You will not engage in any data mining, scraping, or similar automated data gathering or extraction methods. If we block you from accessing the Services, you agree not to implement measures to circumvent the block. Any use of the Services or the content on the Services other than as specifically authorized is strictly prohibited. Any rights not expressly granted are reserved.

The DMCAFiler name and logos, and the trade dress of the Website, are trademarks and service marks of DMCAFiler (the "DMCAFiler Marks"). Other trademarks used on the Services are the property of their respective owners. Nothing in these Terms grants you any right to use the DMCAFiler Marks without our prior written permission.

Third-Party Material

DMCAFiler is not responsible for third-party content linked from or referenced in the Services (for example, external resources in blog or documentation pages, or materials produced by third-party service providers). You acknowledge that we do not pre-screen third-party content and that your interactions with third-party services are at your own risk.

We reserve the right, but not the obligation, to refuse or remove any content (including User Content) available via the Services, and to preserve content and metadata in compliance with applicable law and our Privacy Policy. We may disclose content and metadata if required by law or in the good-faith belief that preservation or disclosure is reasonably necessary to (a) comply with legal process, applicable law, or government requests; (b) enforce these Terms; (c) respond to claims that content violates third-party rights; or (d) protect the rights, property, or personal safety of DMCAFiler, its users, or the public — subject, in each case, to applicable rules of professional conduct regarding client confidences.

Copyright Complaints About DMCAFiler's Own Platform

DMCAFiler's Services exist to help you enforce your copyrights against third parties. Separately, if you believe that content published on DMCAFiler's own Website (for example, a blog post or documentation page) infringes your copyright, you may send a written notification to our designated agent. A compliant notification must include the elements specified by 17 U.S.C. § 512(c)(3). Notifications should be sent to:

  • Designated Agent: [DESIGNATED_AGENT_NAME]
  • Mailing Address: 2261 Market Street, STE 10522, San Francisco, CA 94114
  • Email: support@thejolawfirm.com

In accordance with the Digital Millennium Copyright Act and other applicable law, we maintain a policy of terminating, in appropriate circumstances, users who are determined to be repeat infringers of third-party copyrights on our own platform. This section applies only to content published by DMCAFiler on its own Website; it does not govern the separate professional or self-service copyright enforcement work delivered through the Services.

Third-Party Websites and Services

The Services may provide links to, or integrate with, third-party websites, resources, and services (for example, payment processing through Stripe, authentication through Google, or email through our SMTP provider). DMCAFiler has no control over such third parties and is not responsible for them. Your dealings with third parties are solely between you and the third party.

Indemnity and Release

To the fullest extent permitted by applicable law, you agree to release, indemnify, defend, and hold harmless DMCAFiler, its affiliates, and their respective officers, employees, attorneys, directors, and agents from and against any and all losses, damages, liabilities, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) of any kind arising out of or relating to: (a) your breach of these Terms; (b) your User Content, including any representation you make in connection with a DMCA notice or federal court filing; (c) your violation of any third-party right (including intellectual property, privacy, or publicity rights); (d) any claim under 17 U.S.C. § 512(f) arising from a material misrepresentation in a notice you submitted or caused to be submitted through the Services; and (e) your negligent, reckless, or intentional misconduct. This indemnity does not apply to our own professional negligence or intentional misconduct, or to any matter for which indemnification by a client is prohibited by the rules of professional conduct in California or any other governing jurisdiction.

If you are a California resident, you waive California Civil Code Section 1542, which says:

A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.

If you are a resident of another jurisdiction, you waive any comparable statute or doctrine, to the maximum extent permitted by applicable law and the rules of professional conduct.

Disclaimer of Warranty

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. OTHER THAN (A) AS EXPRESSLY STATED IN THESE TERMS OR THE ENGAGEMENT AGREEMENT, (B) AS REQUIRED BY APPLICABLE LAW, OR (C) AS REQUIRED BY APPLICABLE RULES OF PROFESSIONAL CONDUCT GOVERNING LAWYER COMPETENCE AND DILIGENCE, THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. DMCAFILER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. DMCAFILER MAKES NO WARRANTY THAT: (I) THE SERVICES WILL MEET YOUR REQUIREMENTS; (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR (III) THE RESULTS OBTAINED FROM USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE.

YOU ACCEPT AND AGREE THAT (A) NO OUTCOME IN ANY COPYRIGHT ENFORCEMENT MATTER, INCLUDING WHETHER INFRINGING MATERIAL WILL BE REMOVED, WHETHER A SERVICE PROVIDER WILL HONOR A TAKEDOWN NOTICE, WHETHER A COUNTER-NOTICE WILL BE FILED, OR WHETHER A FEDERAL COMPLAINT WILL SUCCEED, IS GUARANTEED, AND (B) ANY USE OF SELF-SERVICE TOOL OUTPUT IS AT YOUR SOLE RISK AND IS NOT A SUBSTITUTE FOR INDIVIDUALIZED LEGAL ADVICE.

Limitation of Liability

YOU UNDERSTAND AND AGREE THAT, EXCEPT AS REQUIRED BY APPLICABLE LAW OR APPLICABLE RULES OF PROFESSIONAL CONDUCT, DMCAFILER WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF DMCAFILER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SERVICES; (II) YOUR SUBMISSION OR DISPATCH OF ANY TAKEDOWN NOTICE, COUNTER-NOTICE, OR COMPLAINT; (III) THE CONDUCT OF ANY THIRD PARTY IN RESPONSE TO A TAKEDOWN NOTICE OR COMPLAINT; (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (VI) ANY OTHER MATTER RELATING TO THE SERVICES.

IN NO EVENT WILL DMCAFILER'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE GREATER OF: (I) $100; OR (II) THE AMOUNT YOU PAID DMCAFILER (IF ANY) IN CONNECTION WITH YOUR USE OF THE SERVICES DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THIS LIMITATION DOES NOT APPLY TO LIABILITY ARISING FROM DMCAFILER'S PROFESSIONAL NEGLIGENCE, GROSS NEGLIGENCE, INTENTIONAL MISCONDUCT, OR ANY OTHER LIABILITY THAT CANNOT BE LIMITED BY AGREEMENT UNDER APPLICABLE LAW OR RULES OF PROFESSIONAL CONDUCT.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.

Conflicts of Interest

In providing Attorney Services, DMCAFiler's attorneys are required by the rules of professional conduct to check for and avoid conflicts of interest. By engaging us, you authorize us to conduct a reasonable conflict check before beginning work. We reserve the right to decline or withdraw from representation if a conflict arises, and to refund any fees actually paid for services not rendered, subject to the Refund Policy. This section is in addition to, not in lieu of, any conflict-of-interest provisions in the Engagement Agreement.

Dispute Resolution By Binding Arbitration

Dispute Resolution

Please read this Section carefully. It requires you to arbitrate disputes with DMCAFiler and limits the manner in which you can seek relief, subject to the carve-outs specified below.

Applicability; Carve-outs

You agree that any dispute between you and DMCAFiler, its affiliates, successors and assigns, and their respective officers, directors, employees, attorneys, agents, and representatives (collectively, the "DMCAFiler Parties"), relating in any way to the Services or these Terms, will be resolved by binding individual arbitration rather than in court, except that:

  1. You or the DMCAFiler Parties may assert individualized claims in small-claims court if the claims qualify, remain in that court, and advance solely on an individual, non-class basis;
  2. You or the DMCAFiler Parties may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents);
  3. To the extent applicable law prohibits the pre-dispute arbitration of legal-malpractice claims or requires specific disclosures and consents as a condition of enforceability, any such claim may be pursued in the manner and forum required by applicable law, and the arbitration provisions of these Terms shall be construed accordingly; and
  4. Nothing in these Terms precludes you from filing a complaint with any state bar disciplinary authority, or a fee-dispute petition under applicable mandatory fee-arbitration programs.

This Arbitration Agreement survives the expiration or termination of these Terms.

Informal Dispute Resolution

Before either party commences arbitration (or a small-claims action), the party initiating the dispute must give the other written notice of its intent to initiate an Informal Dispute Resolution Conference, which shall occur within 45 days after the receiving party receives such notice (unless extended by mutual agreement). Notice to DMCAFiler must be sent by email to support@thejolawfirm.com or by regular mail to 2261 Market Street, STE 10522, San Francisco, CA 94114. Notice must include: (1) your name, telephone number, mailing address, and email address associated with your account; (2) the name and contact information of your counsel, if any; and (3) a description of the dispute. The statute of limitations and any filing-fee deadlines shall be tolled while the parties engage in the Informal Dispute Resolution Conference process.

Arbitration Rules and Forum

These Terms evidence a transaction involving interstate commerce, and the Federal Arbitration Act, 9 U.S.C. § 1 et seq., governs the interpretation and enforcement of this Arbitration Agreement and any arbitration proceedings. If the Informal Dispute Resolution Conference does not resolve the dispute within 60 days after receipt of the notice, either party may initiate binding arbitration.

The arbitration will be conducted by JAMS under its rules in effect at the time the arbitration is commenced. Disputes with an amount in controversy under $250,000 (exclusive of attorneys' fees and interest) shall be subject to the JAMS Streamlined Arbitration Rules and Procedures; all other claims shall be subject to the JAMS Comprehensive Arbitration Rules and Procedures. JAMS rules are available at www.jamsadr.com. Unless the parties otherwise agree, or the Batch Arbitration provisions are triggered, the arbitration shall be conducted in San Francisco County, California. If JAMS is unavailable, the parties will select an alternative arbitral forum.

Authority of Arbitrator

The arbitrator has exclusive authority to resolve all disputes subject to arbitration hereunder, including any dispute regarding the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, except that: (1) all disputes arising from the "Waiver of Class or Other Non-Individualized Relief" section, including any claim that that section is unenforceable, shall be decided by a court of competent jurisdiction; (2) disputes about the payment of arbitration fees shall be decided only by a court of competent jurisdiction; (3) disputes about whether a condition precedent to arbitration has been satisfied shall be decided only by a court; (4) disputes about which version of the Arbitration Agreement applies shall be decided only by a court; and (5) any claim that, under applicable law or rules of professional conduct, is not subject to pre-dispute arbitration shall be determined in the manner required by applicable law. The arbitrator may award monetary damages and any non-monetary relief available to an individual under applicable law, the arbitral forum's rules, and these Terms. The arbitrator shall issue a reasoned written award. Judgment on the arbitration award may be entered in any court having jurisdiction.

Waiver of Jury Trial

EXCEPT AS SPECIFIED IN THE SECTION ENTITLED "APPLICABILITY; CARVE-OUTS," YOU AND THE DMCAFILER PARTIES HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY.

Waiver of Class or Other Non-Individualized Relief

EXCEPT AS SPECIFIED IN THE "BATCH ARBITRATION" SUBSECTION, YOU AND DMCAFILER AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS-ACTION BASIS. Only individual relief is available. Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party's individual claim. If a court of competent jurisdiction determines by final, non-appealable order that the limitations of this section are unenforceable as to a particular claim (such as a request for public injunctive relief), that particular claim (and only that particular claim) shall be severed and may be litigated in the state or federal courts located in California; all other disputes shall be arbitrated.

Attorneys' Fees and Costs

The parties shall bear their own attorneys' fees and costs in arbitration unless the arbitrator finds that either the substance of the dispute or the relief sought was frivolous or was brought for an improper purpose (as measured by Federal Rule of Civil Procedure 11(b)). The prevailing party in any court action relating to whether a party has satisfied a condition precedent to arbitration, including the Informal Dispute Resolution process, is entitled to recover reasonable costs, necessary disbursements, and reasonable attorneys' fees.

Batch Arbitration

If 100 or more individual arbitration requests of a substantially similar nature are filed against DMCAFiler by or with the assistance of the same law firm, group of law firms, or organizations within a 30-day period, JAMS shall administer the demands in batches of 100 requests per batch, appoint one arbitrator per batch, and provide for the resolution of each batch as a single consolidated arbitration. The parties shall cooperate in good faith with JAMS to implement the Batch Arbitration process. This provision does not authorize class, collective, or mass arbitration except as expressly set forth herein.

30-Day Right to Opt Out

You have the right to opt out of the provisions of this Arbitration Agreement by sending a timely written notice of your decision to opt out, within 30 days after first becoming subject to this Arbitration Agreement, to 2261 Market Street, STE 10522, San Francisco, CA 94114 or support@thejolawfirm.com. Your notice must include your name, address, and a clear statement that you want to opt out of this Arbitration Agreement. Opting out does not affect the rest of these Terms or any other arbitration agreement you may have with us.

Severability; Modification

Except as provided in the "Waiver of Class or Other Non-Individualized Relief" subsection, if any part of this Arbitration Agreement is found invalid or unenforceable, that part shall be severed and the remainder shall continue in full force and effect. If we materially change this Arbitration Agreement in the future, you may reject that change within 30 days of the change becoming effective by writing to support@thejolawfirm.com. Unless you so reject the change, your continued use of the Services constitutes your acceptance of the change.

Termination

General

DMCAFiler may, in its sole discretion, suspend or terminate your account or use of the Services, and remove and discard any content within the Services, for any reason, including for lack of use or if we believe you have violated these Terms. If you believe we have suspended or terminated your account in error, you may file an appeal by emailing us at support@thejolawfirm.com.

Where you are a client under an Engagement Agreement, our withdrawal from representation (as distinct from termination of your Services account) is subject to the applicable rules of professional conduct, including reasonable notice, return of client property, and the protection of your interests pending substitution of counsel. The Engagement Agreement controls the mechanics of withdrawal.

Effect of Termination

Upon termination of your Services account or these Terms, you must immediately stop using the Services and pay all fees for Services used. No expiration or termination entitles you to a refund except as expressly set forth in the Refund Policy or Engagement Agreement. Termination of the Services account does not terminate DMCAFiler's obligations to protect client confidences under applicable rules of professional conduct, nor your obligation to pay outstanding fees.

Survival

The following Sections, along with all their respective subsections, survive any termination of the Services or your account: Your Personal Information, Your Representations as a Copyright Holder, Payment and Cancellations (with respect to fees due and unpaid), Intellectual Property Rights, Indemnity and Release, Disclaimer of Warranty, Limitation of Liability, Dispute Resolution By Binding Arbitration, and General Terms, together with any provision that, by its nature, should survive termination (including continuing obligations of client confidentiality).

General Terms

Entire Agreement

These Terms, together with the Privacy Policy, the Refund Policy, and, where applicable, the Takedown Engagement Agreement (/legal/engagement-takedown), the E-Filing Engagement Agreement (/legal/engagement-efiling), the Consultation Engagement Agreement (/legal/engagement-consultation), and any order form or tier description accepted at checkout, constitute the entire agreement between you and DMCAFiler and govern your use of the Services, superseding any prior agreements between you and DMCAFiler with respect to the Services. The "Order of Precedence" section above governs in the event of conflict among these documents. In the event of any conflict between these Terms and an Engagement Agreement with respect to the professional services delivered under that Engagement Agreement, the Engagement Agreement controls.

Choice of Law; Jurisdiction; Venue

These Terms are governed by the laws of the State of California without regard to its conflict-of-law provisions. With respect to disputes not subject to arbitration (as set forth above), you and DMCAFiler submit to the personal and exclusive jurisdiction of the state and federal courts located within San Francisco County, California.

Severance

If any provision of these Terms is found invalid by a court of competent jurisdiction, the parties agree that the court should give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.

No Waiver

Any failure of DMCAFiler to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision.

Expiration of Claims

You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Services or these Terms must be filed within one year after such claim or cause of action arose or be forever barred, except to the extent this limitation is unenforceable against claims governed by applicable rules of professional conduct, in which case the applicable statute of limitations for such claims shall apply.

Assignment

You may not assign these Terms without our prior written consent. We may assign or transfer these Terms, in whole or in part, without restriction, provided that any assignment does not impair your rights under any Engagement Agreement.

Notice

Notices to you may be made by email, by in-app notification, or by regular mail. We may also provide notices of changes to these Terms or other matters by displaying notices (or links to notices) on the Services.

Changes to These Terms

We reserve the right, at our sole discretion, to change or modify portions of these Terms at any time. We may notify you of these changes by posting to the Website, by in-app notification, or by email. We will give at least 30 days' advance notice of changes that materially adversely impact you. All other changes will become effective no earlier than 7 days after they are posted, except that changes addressing new functionality or made for legal reasons will be effective immediately. Your continued use of the Services after the effective date of any change constitutes your acceptance of the new Terms. If you do not agree to a change, you must stop using the Services; this does not affect your rights under any Engagement Agreement, which remain governed by that Engagement Agreement and the applicable rules of professional conduct.

Contact Us

If you have any questions about our Services, or to report any violations of these Terms, please contact us at support@thejolawfirm.com or by mail at 2261 Market Street, STE 10522, San Francisco, CA 94114.

Terms of Service - DMCAFiler