DMCA & Takedown Procedure

1. Scope of This Policy

DeepSwapAI honors two parallel takedown tracks: (a) the U.S. Digital Millennium Copyright Act (DMCA) for copyrighted works, and (b) the federal TAKE IT DOWN Act of 2025 (plus state analogues and international equivalents) for non-consensual intimate imagery, including AI-generated deepfake intimate imagery. We act on valid notices regardless of the submitter’s nationality.

2. Response Timelines

• NCII / deepfake intimate imagery: removal within 48 hours of a valid notice, per the TAKE IT DOWN Act. Urgent requests are escalated immediately.
• DMCA copyright: removal within 72 hours of a complete notice that satisfies 17 U.S.C. § 512(c)(3).
• Minors (CSAM or suspected CSAM): removed on sight, preserved, and reported to NCMEC CyberTipline within 24 hours as required by 18 U.S.C. § 2258A.

3. How to Submit a Takedown Request

Email [email protected] (copyright) or [email protected] (non-consensual imagery, harassment, impersonation, safety).

A valid notice must include:

1. Your legal name and a physical or electronic signature.
2. Identification of the work or person depicted (a link to the original, a description, or proof of identity where relevant).
3. The exact URL(s) on deepswapai.com where the infringing or non-consensual content appears.
4. Contact information (email and mailing address).
5. A statement made under penalty of perjury that the information is accurate and that you are the rights-holder, the depicted person, or their authorized agent.
6. For NCII specifically: a statement that the imagery was published without your consent and that you are the depicted individual or their legal representative.

Submitters do not need a lawyer. Plain-language notices are accepted as long as the six elements above are present.

4. What We Do On Receipt

1. Acknowledge within one business day.
2. Remove or disable access to the reported content pending review.
3. Preserve an evidentiary copy for no less than 90 days for law enforcement cooperation.
4. Where an account uploaded the content, suspend the account and, on repeat offense, terminate it under our repeat-infringer policy.
5. Notify the uploader (if identifiable) of the removal and of their right to submit a counter-notice for DMCA claims. Counter-notice rights do not apply to NCII removals.

5. DMCA Counter-Notice (Copyright Only)

If your content was removed in error under the DMCA, you may submit a counter-notice under 17 U.S.C. § 512(g) to [email protected]. Include your identification, the URL of the removed material, a statement under penalty of perjury that the removal was in error, and consent to jurisdiction. We do not accept counter-notices for TAKE IT DOWN Act removals because the statute does not provide for them.

6. Repeat-Infringer Policy

Accounts that receive two or more confirmed takedowns within a rolling 12-month window are permanently terminated. Termination decisions are final and appealable only in cases of mistaken identity, which must be raised within 14 days.

7. Law Enforcement Cooperation

We respond to valid subpoenas, court orders, and emergency disclosure requests under 18 U.S.C. § 2702(b)(8). Emergency requests involving imminent harm should be sent to [email protected] with the subject line “EMERGENCY DISCLOSURE REQUEST”.

8. Designated Agent (DMCA)

9. Misuse of This Process

Knowingly false takedown notices expose the sender to liability under 17 U.S.C. § 512(f) and, for NCII notices, to sanctions under the TAKE IT DOWN Act. We preserve and may publish material evidence of bad-faith notices.