Terms of Service
Last updated August 16, 2026
IMPORTANT NOTICES: PLEASE READ BEFORE USING OUR SERVICES
NO-REFUND POLICY: ALL PAYMENTS ARE FINAL AND NON- REFUNDABLE EXCEPT WHERE MANDATORY LAW REQUIRES OTHERWISE. DACR PROVIDES INSTANT DIGITAL SERVICES THAT ARE DELIVERED IMMEDIATELY UPON PAYMENT. REFUNDS ARE ONLY AVAILABLE IN DACR'S SOLE AND ABSOLUTE DISCRETION. SEE OUR PAYMENTS POLICY AND SECTION 11 FOR FULL DETAILS.
BINDING ARBITRATION & CLASS ACTION WAIVER: SECTION 22 CONTAINS A MANDATORY BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. YOU WAIVE YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDINGS. YOU MAY OPT OUT WITHIN 30 DAYS.
PERMANENT DATA STORAGE: THE SERVICES USE AN IMMUTABLE EVIDENCE LAYER, INCLUDING BLOCKCHAIN, DISTRIBUTED LEDGER TECHNOLOGY, AND APPEND-ONLY INFRASTRUCTURE. ONCE DATA IS WRITTEN TO THE PERMANENT EVIDENCE LAYER, DACR MAY BE UNABLE TO DELETE, MODIFY, OR ERASE IT, EVEN AT YOUR REQUEST OR UPON ACCOUNT TERMINATION. WHERE DELETION IS NOT TECHNICALLY FEASIBLE, DACR WILL TAKE REASONABLE STEPS WITHIN ITS CONTROL TO LIMIT THE VISIBILITY AND FURTHER USE OF YOUR DATA, BUT CANNOT GUARANTEE THE REMOVAL OF DATA FROM ALL SYSTEMS. SEE SECTIONS 3 AND 27.
JURISDICTIONAL RISK ACKNOWLEDGMENT: THE SERVICES ARE DESIGNED WITH PERMANENT, IMMUTABLE DATA ARCHITECTURE THAT MAY CONFLICT WITH DATA PROTECTION, PRIVACY, OR CONSUMER LAWS IN CERTAIN JURISDICTIONS. IF YOUR LOCAL LAWS PROHIBIT PERMANENT DATA STORAGE OR REQUIRE DELETION RIGHTS THAT THE SERVICES CANNOT TECHNICALLY HONOR, YOU SHOULD NOT USE THE SERVICES. BY USING THE SERVICES, YOU ACCEPT THIS RISK. SEE SECTION 27.
LIABILITY CAP: DACR'S TOTAL LIABILITY IS LIMITED TO THE LESSER OF AMOUNTS PAID IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM OR $100. SEE SECTION 18.
These Terms of Service ("Terms") form a binding agreement between Dacr Inc., a Florida corporation, and its affiliates, licensors, successors, and assigns (collectively, "Dacr," "we," "us," or "our") and the person or entity that accesses or uses the Services ("you" or "your"). By clicking to accept, creating an account, making a purchase, submitting content, accessing any website, webpage, data, content, registry record, certificate, or other material made available by Dacr, viewing or retrieving any data from or through the Services, or using any website, mobile app, API, evidence layer, registry, portal, payment functionality, or other product or service made available by Dacr (collectively, the "Services"), you agree to these Terms. These Terms apply to all persons and entities that access or interact with the Services or any data made available through the Services, whether or not they create an account, including but not limited to registered users, unregistered visitors, crawlers, bots, scrapers, and any person or entity that accesses, views, retrieves, collects, or uses any data from or through the Services by any means.
If you do not agree, do not use the Services.
If you are entering into these Terms on behalf of a company, organization, government body, estate, trust, or other person or entity, you represent and warrant that you have authority to bind that person or entity, and all references to "you" include both you individually and such entity. You and such entity shall be jointly and severally liable for all obligations under these Terms.
As used in these Terms, the "Dacr Parties" means Dacr Inc. and each of its past, present, and future parents, subsidiaries, affiliates, and related companies, and each of their respective officers, directors, shareholders, members, managers, partners, principals, owners, founders, investors, employees, agents, representatives, attorneys, accountants, advisors, consultants, contractors, subcontractors, service providers, licensors, successors, and assigns, individually and collectively. All protections, disclaimers, limitations of liability, releases, indemnifications, and covenants in these Terms that apply to Dacr also apply to and are for the benefit of each and every Dacr Party.
Dacr's Payments, Taxes, Fees, Refunds, Chargebacks, and Collections Policy (at www.dacr.com/legal/pricing) and Dacr's Privacy Policy (at www.dacr.com/legal/privacy) are incorporated into these Terms by reference.
Additional product-specific, country-specific, enterprise, API, beta, or government-program terms ("Supplemental Terms") may apply. If there is a conflict, the Supplemental Terms control solely for that conflict.
Dacr may modify these Terms at any time. Material changes will be communicated by email, through the Services, or by updating the effective date. Amended Terms are effective immediately upon posting unless otherwise stated. Continued use constitutes acceptance. If you disagree, stop using the Services.
The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply to these Terms and is expressly excluded.
For questions, contact legal@dacr.com.
1. Eligibility; Authority; Authorized Representatives
1.1 You must be at least thirteen (13) years of age to use the Services. In jurisdictions where the minimum age for digital services is higher, you must meet that jurisdiction's requirement. You must not have been previously suspended, removed, or banned from the Services.
1.2 If you are under eighteen (18) years of age (or the age of legal majority in your jurisdiction, whichever is greater), you may only use the Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms. The parent or legal guardian shall be jointly and severally liable for all acts, omissions, and obligations of the minor User, including all payment obligations.
1.3 The Services may be used by creators registering their own works, or by authorized representatives (including but not limited to managers, agents, attorneys, law firms, publishers, labels, studios, organizations, estates, trusts, and other persons or entities) registering works on behalf of one or more rights holders (each, an "Authorized Representative"). If you are an Authorized Representative, you represent and warrant that: (a) you have been duly authorized by the rights holder(s) to submit the work(s) for registration and to act on their behalf in connection with the Services; (b) you have all necessary powers of attorney, agency agreements, management contracts, or other authorizations required by applicable law; (c) you will comply with all obligations under these Terms on behalf of the rights holder(s); and (d) both you and the rights holder(s) you represent are jointly and severally liable for all obligations under these Terms, including payment obligations.
1.4 Dacr is not required to verify the existence, scope, or validity of any authorization between you and any rights holder. You assume all liability for acting without or exceeding your authorization. You agree to indemnify and hold harmless the Dacr Parties from any Claim arising from or related to your status or conduct as an Authorized Representative.
1.5 Dacr may refuse, restrict, suspend, or terminate access in any jurisdiction, for any user type, or for any Service where Dacr determines, in its sole discretion, that legal, operational, reputational, technical, security, sanctions, anti-fraud, export-control, privacy, consumer- protection, intellectual-property, or payment risk is unacceptable.
2.User Accounts; Security; Verification
2.1 You must provide accurate, complete, and current registration, payment, identity, tax, and contact information and keep it updated. Providing false, misleading, or fraudulent information is a material breach and may constitute fraud.
2.2 You are solely responsible for all activity under your account, credentials, wallets, keys, payment methods, linked accounts, integrations, and devices, whether or not authorized by you.
2.3 You agree to immediately notify Dacr at support@dacr.com if you discover or suspect unauthorized access. Dacr shall not be liable for any loss arising from your failure to maintain account security.
2.4 You may not: (a) create multiple accounts for the same individual or entity; (b) share or transfer account credentials; (c) use another User's account without express authorization; or (d) create accounts through automated means or under false pretenses.
2.5 Dacr may require identity verification, business verification, beneficial-owner verification, tax documentation, sanctions screening, source-of-funds information, proof of authority, age verification, or other diligence at any time. See Section 24.
2.6 Dacr reserves the right to suspend, restrict, or terminate your account at any time for any reason, including breach of these Terms, non- payment, suspected fraud, failure to complete verification, or as required by law.
2.7 Account Dormancy. If your account has no login activity for a continuous period of twenty-four (24) months or longer, Dacr may classify your account as dormant. Dacr may, in its sole discretion: (a) send you a notice at your last known email address informing you of the dormancy classification; (b) restrict or deactivate certain account features; (c) delete non-essential data from directly controlled systems (subject to the Permanent Evidence Layer and legal retention obligations); or (d) close the dormant account. Account dormancy or closure does not affect: (i) data already recorded on the Permanent Evidence Layer, which remains permanent regardless of account status; (ii) copyright registrations already processed through the Services or Government Registration Services; (iii) certificates already issued; or (iv) any accrued payment obligations. You may reactivate a dormant account by logging in, completing any required reverification, and paying any outstanding balances.
2.8 Team and Organization Accounts. Dacr may offer team, organization, or multi-seat plans ("Team Plans") that allow an organization (the "Organization") to invite or manage multiple individual users ("Team Members") under a single organizational account. If you create or administer a Team Plan:
(a) The Organization is the account holder and is responsible for all activity, content, registrations, payments, and obligations arising from the Team Plan and from the actions of all Team Members, whether or not specifically authorized by the Organization's administrator;
(b) The Organization's administrator (the "Admin") has the authority to invite, remove, and manage Team Members, assign roles and permissions, and control access to features, registrations, and data within the Team Plan. Dacr is entitled to rely on the Admin's instructions as binding on the Organization;
(c) Each Team Member must have their own individual account and must independently accept these Terms. Both the individual Team Member and the Organization are jointly and severally liable for the Team Member's actions within the Team Plan;
(d) The Organization is solely responsible for managing permissions, access levels, and ensuring that Team Members act within their authorized scope. Dacr is not responsible for any unauthorized actions by Team Members within the Organization's account;
(e) When a Team Member is removed from a Team Plan (whether by the Admin, by Dacr, or by the Team Member's departure from the Organization), Dacr may, at the Admin's instruction or in accordance with the Team Plan's settings: (i) transfer the Team Member's registrations and content to the Organization's control; (ii) retain the registrations under the Organization's account; or (iii) allow the departing Team Member to retain their registrations in an individual account, depending on the ownership settings configured by the Admin at the time of registration. Dacr is not responsible for resolving ownership disputes between an Organization and a departing Team Member;
(f) Works registered through a Team Plan may be registered under the Organization's name, under the individual Team Member's name, or under a rights holder's name as designated by the Admin or Team Member at the time of registration. The warranty of originality in Section 4 applies regardless of the name under which the work is registered; and
(g) Team Plan fees, billing, and payment are governed by these Terms and the Payments Policy. The Organization is responsible for all Charges incurred by Team Members under the Team Plan.
2.9 Death, Incapacity, and Succession. Upon the death or legal incapacity of an account holder: (a) registrations, certificates, and records on the Permanent Evidence Layer persist in accordance with their terms and the architecture of the Services; (b) access to or control of the account, and any transfer of registrations or account assets, will be granted only to persons demonstrating legal authority under the applicable law of the relevant jurisdiction (such as an executor, administrator, heir, court-appointed representative, or equivalent), upon presentation of documentation satisfactory to Dacr, which may include death certificates, letters of administration, probate or succession orders, court orders, or equivalent instruments; (c) Dacr does not determine, adjudicate, or advise on succession, inheritance, or ownership of copyrights or registrations; such matters are governed exclusively by the applicable law of the relevant jurisdiction and, where applicable, the instruments of the estate; and (d) Dacr may suspend or restrict an account upon credible notice of death or incapacity pending resolution. Fees paid are not refundable by reason of death or incapacity except where required by mandatory law.
3.User Content; Permanent Evidence Layer
3.1Ownership
When you use the Services, you may upload, submit, connect, or provide files, text, images, audio, video, creative works, metadata, and other content, as well as your name, likeness, voice, and persona (collectively, "User Content"). As between you and Dacr, and subject to any rights granted to counterparties or third parties, you retain whatever ownership rights you validly hold in your User Content. These Terms do not transfer ownership to Dacr, only the limited rights necessary to operate and deliver the Services.
3.2How We Use Your Content
Our Services include a suite of tools and connected apps designed to protect, manage, register, license, and share your creative works. To provide and improve the Services, we may need to host, store, back up, process, analyze, and share Your Content when you request it.
Features like copyright registration, digital fingerprinting, infringement analysis, commenting, sharing, search, previews, image recognition, automatic organization, personalization, cross-border recognition, government registry submission, licensing, selling, and other similar functions (as well as those that rely on technical analysis, machine learning, deep-learning models, or support broader operational improvements) are powered by systems that interact with Your Content.
You give Dacr (and our trusted partners who help deliver the Services, including trusted third parties and government or registry counterparts we work with to help deliver, improve, support, administer, evidence, secure, enforce, or expand features, technologies, programs, or experiences related to the Services, Official Registry Services, or future offerings or related programs) permission to perform these functions and to use Your Content worldwide, on an ongoing basis, as reasonably necessary to fully operate and deliver the Services, and for uses you authorize under these Terms, subject to retained rights, where permitted by law.
This permission includes the right to host, copy, store, reproduce, adapt, format, transform, index, hash, fingerprint, timestamp, analyze (including through artificial intelligence and machine learning), transmit, display, publish, distribute, export, import, validate, process, create derivative metadata of, and otherwise use Your Content and related metadata across the Services, connected programs, and future offerings. If you use the same account across multiple Dacr tools or apps, Your Content can move with you to ensure a seamless experience.
You retain full ownership of Your Content throughout. This permission does not give Dacr ownership; it gives Dacr the rights it needs to do the work you're asking it to do: protect, register, analyze, license, share, and manage your creative works.
This permission does not limit your ability to use, license, sell, or share Your Content with anyone else; you remain free to do whatever you want with your own work. You are not charged any additional fees for granting this permission, and Dacr is not required to pay royalties or additional compensation for using Your Content as described in these Terms.
Because our Services operate globally (including across Partner Jurisdictions, international registries, and distributed evidence systems), this permission applies wherever needed to deliver the Services, without geographic limitation. Dacr may work with trusted partners, service providers, government counterparts, and infrastructure providers to deliver the Services on our behalf, and this permission extends to them as necessary to perform their role.
If Dacr's business is acquired, merges with another company, or transfers its assets, this permission transfers with the business so that the Services can continue without interruption and your registrations, records, and evidence remain intact.
Because the Services create permanent records (including registrations, fingerprints, timestamps, and evidence stored on the Permanent Evidence Layer), this permission does not expire and cannot be revoked for content and data that has already been processed, registered, stored, or committed to the Permanent Evidence Layer. This is necessary to maintain the integrity of copyright records, honor registrations relied upon by you and others, comply with legal obligations, enforce these Terms, and continue operating the Services for all users. For content that has not yet been processed or committed to the Permanent Evidence Layer, you may withdraw your permission by deleting the content from the Services before it is processed, after which Dacr will cease further use of that specific content (except as required to maintain existing records and comply with law).
3.3Permanent Evidence Layer; Immutable Records
IMPORTANT: PLEASE READ CAREFULLY. The Services are designed to create permanent, tamper-proof evidence of copyright registration, ownership, and provenance. To accomplish this, the Services utilize append-only databases, distributed ledgers, blockchains, public or private evidence layers, hashes, digital signatures, immutable logs, third-party storage layers, and other technologies or systems that may be outside Dacr's sole control or impossible to alter without undermining the integrity of the relevant system (collectively, the "Permanent Evidence Layer" or "Immutable Systems").
BY USING THE SERVICES, YOU EXPRESSLY ACKNOWLEDGE, UNDERSTAND, AND ACCEPT THE FOLLOWING:
(a) Certain data (including but not limited to registration records (which may include your name and other registrant identity information), cryptographic hashes, fingerprints, timestamps, transaction identifiers, public keys, wallet addresses, registry IDs, metadata, proofs, references, and associated audit records) will be permanently written to the Permanent Evidence Layer. Due to the immutable nature of blockchain, distributed ledger technology, and Dacr's append-only infrastructure, Dacr may be technically unable to delete, modify, alter, remove, recall, or erase such data, even at your request, even upon termination or deletion of your account, and even if directed by a court, regulator, or governmental authority. You accept that such data will in all likelihood remain permanent and irremovable, and you have made an informed decision to use the Services with this understanding. Where deletion is not technically feasible, Dacr will take reasonable steps within its control to limit the visibility and further use of your data (which may include deleting data from some systems, suppressing or restricting access to data in others, and ceasing active processing), but certain data may remain on the Permanent Evidence Layer, third-party systems, or infrastructure that Dacr cannot modify without compromising the integrity and intended function of the system. Dacr cannot guarantee the removal of data from all systems.
(b) Dacr may be unable, for technical, legal, commercial, or operational reasons, to delete, modify, or remove data once it has been placed on or associated with the Permanent Evidence Layer. This is an inherent and intentional feature of the technology, not a limitation.
(c) Account deletion, Service termination, content hiding, depublication, deactivation, privacy requests, or any other action do NOT necessarily result in deletion of all underlying records, including records on the Permanent Evidence Layer, public registries, audit logs, legal archives, payment systems, government systems, or backup media.
(d) Dacr disclaims all liability arising from or related to the inability to delete, modify, or remove data from the Permanent Evidence Layer, and you agree to hold Dacr harmless from any claims related thereto.
(e) You must not submit information to the Services if you are unwilling or unable to accept the possibility of permanent or long-term retention, publication, or evidentiary preservation of associated data.
Upon deletion of your account, Dacr will take reasonable steps within its control to delete, suppress, or restrict access to your personal data across its systems, to the extent technically feasible without compromising the integrity and intended function of the Permanent Evidence Layer and the Services. Some data may be deleted entirely; other data may be suppressed, restricted, or rendered inaccessible; and certain data may remain permanently on the Permanent Evidence Layer, third-party systems, or append-only infrastructure that Dacr cannot modify. Data may also be retained as required by applicable law, as shared with government authorities, or in backups deleted in ordinary rotation.
3.4Representations and Warranties
You represent, warrant, and covenant that: (a) you own or control all rights necessary to submit the User Content and grant the rights described herein; (b) the User Content does not infringe, misappropriate, or violate any copyright, trademark, patent, trade secret, moral right, privacy right, publicity right, contract right, or other right; (c) the User Content is accurate, not fraudulent, and not unlawful; (d) you have obtained all permissions, releases, and consents required; and (e) you will not submit material for which disclosure, publication, storage, or permanent retention would violate law or another person's rights.
3.5Visibility
When you share User Content through the Services, you understand that Your Content and associated information may be visible to the public, other Users, governments, registry users, counterparties, search engines, and governmental authorities in Partner Jurisdictions.
3.6Release
You hereby release and forever discharge the Dacr Parties from any and all claims arising from or related to: (a) the use of Your Content as authorized under these Terms; (b) the permanent storage of data on the Permanent Evidence Layer; (c) any actual or alleged infringement of intellectual property rights, privacy rights, publicity rights, or any other rights; and (d) any Transaction involving Your Content.
3.7No Legal Advice; No Guarantee of Legal Effect
DACR IS NOT A LAW FIRM AND IS NOT LICENSED TO PRACTICE LAW IN ANY JURISDICTION. Dacr does not provide legal advice, legal opinions, litigation strategy, or a guarantee of legal outcomes. Unless Dacr expressly states otherwise in writing for a specific program, Dacr does not guarantee that any upload, submission, payment, registry entry, timestamp, fingerprint, blockchain record, certificate, or other Service output: (a) creates, perfects, preserves, or proves any legal right; (b) qualifies as a governmental filing, statutory registration, public record, or admissible evidence; (c) will be accepted by any government, court, marketplace, collecting society, platform, or third party; (d) will prevent infringement, copying, piracy, or disputes; or (e) will be sufficient for any legal, regulatory, evidentiary, tax, or commercial purpose in any jurisdiction.
Any descriptions of rights, registration, recognition, protection, priority, originality, ownership, enforceability, or legal effect are informational only. You are solely responsible for obtaining legal advice regarding your content, filings, rights, and the effect of using the Services in any jurisdiction. BY USING THE SERVICES, YOU AGREE TO HOLD DACR HARMLESS FROM ANY CLAIMS RELATED TO YOUR RELIANCE ON THE SERVICES FOR LEGAL PROTECTION.
3.8Content Removal Limitations
Dacr may delete or remove User Content at any time if it violates these Terms, subject to the Permanent Evidence Layer limitations. Dacr expressly disclaims all liability for the inability to remove content from the Permanent Evidence Layer.
3.9Dacr Is Not a Bailee or Custodian
Dacr is not a bailee, escrow agent, fiduciary, trustee, records custodian of last resort, insurer, or guarantor of your User Content. You remain solely responsible for maintaining your own copies, backups, and legal records.
3.10Uploads of Third-Party Content; Sole Responsibility
The Services may permit or require you to upload, submit, or otherwise provide content that you did not create and that may be owned by third parties ("Third-Party Uploaded Content"). This includes, without limitation: (a) works uploaded for registration on behalf of a rights holder as an Authorized Representative; (b) works uploaded as reference, comparison, or sample material in connection with AI Analysis Features or infringement detection; (c) works uploaded for licensing, assignment, or transaction purposes; and (d) any other content uploaded to the Services that is not your original creation.
BY UPLOADING THIRD-PARTY CONTENT, YOU REPRESENT, WARRANT, AND AGREE THAT:
(a) You have obtained all necessary rights, licenses, permissions, consents, and authorizations from the content owner(s) (or have a lawful basis under applicable law) to upload, submit, and process the Third-Party Uploaded Content through the Services for the purpose for which you are submitting it;
(b) Your upload and Dacr's processing of the Third-Party Uploaded Content as contemplated by these Terms does not and will not infringe, violate, or misappropriate any copyright, trademark, trade secret, moral right, privacy right, publicity right, contract right, or any other right of the content owner or any third party;
(c) You are solely responsible for determining whether you have the legal right to upload the Third-Party Uploaded Content, and Dacr has no obligation to verify, investigate, or confirm your right to upload any content;
(d) Dacr processes Third-Party Uploaded Content at your direction and on your behalf; Dacr does not independently select, solicit, curate, or initiate the upload of any Third-Party Uploaded Content;
(e) Dacr shall not be liable to you, the content owner, or any third party for any Claim arising from or related to: (i) your upload of Third-Party Uploaded Content without authorization; (ii) any infringement, violation, or misappropriation of rights resulting from your upload; (iii) any processing, analysis, storage, hashing, fingerprinting, or other use of the Third-Party Uploaded Content by Dacr in the ordinary course of providing the Services; or (iv) any inability to delete Third-Party Uploaded Content from the Permanent Evidence Layer; and
(f) You agree to indemnify, defend, and hold harmless the Dacr Parties from any and all Claims by any content owner or third party arising from or related to your upload of Third-Party Uploaded Content, including but not limited to claims of copyright infringement, unauthorized reproduction, unauthorized distribution, violation of moral rights, invasion of privacy, breach of contract, or any other cause of action, regardless of whether such Claims are brought against you, Dacr, or both.
Dacr acts as a technology platform and processes content at the direction of its users. Dacr does not and cannot verify the ownership, provenance, authenticity, or authorization status of content uploaded to the Services. All liability for unauthorized uploads rests solely with the uploading user.
3.11 AI-Powered Analysis; Automated Monitoring; Infringement Detection; No Guarantee of Results
The Services may include artificial intelligence, machine learning, and deep-learning features that analyze Your Content and other works to identify potential similarities, matches, or patterns that may suggest possible infringement (collectively, "AI Analysis Features").
Automated Monitoring and Match Surfacing. As part of the AI Analysis Features, Dacr's systems may automatically and continuously scan, crawl, index, and analyze publicly available content across the internet, public databases, digital platforms, streaming services, social media, marketplaces, and other sources to identify potential matches or similarities with Your Content. When Dacr's systems identify a potential match, Dacr may display the potential match to you within the Services as an informational alert or notification (a "Match Alert"). Match Alerts are generated automatically by Dacr's technology and are provided for your information and review only.
YOU ACKNOWLEDGE AND AGREE THAT:
(a) Match Alerts are automated, preliminary, and informational. A Match Alert does not mean that infringement has occurred, is occurring, or will occur. Dacr is not making any accusation, determination, legal conclusion, or factual finding by displaying a Match Alert. Match Alerts are generated by algorithms that detect similarities; they do not assess legality, authorization, fair use, licensing status, or any other legal defense;
(b) Dacr does not guarantee the completeness of its monitoring. Dacr's systems scan publicly available sources using commercially reasonable methods, but Dacr cannot and does not monitor every website, platform, service, or source in existence. The absence of a Match Alert does not mean your work has not been copied, used, or infringed. You should not rely on Dacr's automated monitoring as your sole method of detecting infringement;
(c) Dacr shall not be liable for any Match Alert that is incorrect (a false positive), for any failure to surface a match that exists (a false negative), for any delay in surfacing a match, or for any harm to any third party whose content is identified in a Match Alert. Dacr's automated systems process publicly available information and Dacr does not control the content that appears on third-party sources;
(d) Dacr shall not be liable to any third party whose content is identified, displayed, referenced, linked, cached, excerpted, or otherwise surfaced in a Match Alert. Match Alerts reference publicly available content for the purpose of enabling rights holders to evaluate potential infringement of their own works. This is informational, non- commercial use of publicly available references performed at the direction of the rights holder;
Analysis Reports. If you wish to obtain a detailed analysis of a potential match, you may request that Dacr generate a formal Analysis Report. Analysis Reports are generated only at your request and upon payment of the applicable fee. Dacr does not generate Analysis Reports automatically or without your affirmative instruction.
AI Analysis Features may also allow you to upload or submit third-party works as reference or comparison material. By doing so, you represent and warrant that you have a lawful basis to upload such material, and you assume all responsibility for any Claims arising from such upload. See Section 3.10 for full terms regarding Third-Party Uploaded Content.
Analysis Reports may include scores, match results, similarity assessments, technical analyses, side-by-side comparisons, and other outputs designed to assist you in evaluating potential copyright issues. Analysis Reports may be formatted for use in legal proceedings or dispute resolution.
BY USING THE AI ANALYSIS FEATURES OR REQUESTING AN ANALYSIS REPORT, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
(e) Analysis Reports identify potential matches and similarities only. Dacr does not determine, adjudicate, or declare that any infringement has occurred or is occurring. Whether a match constitutes actual infringement is a legal determination that depends on facts, context, applicable law, and defenses (including fair use) that are beyond the scope of the Services;
(f) AI Analysis Features and Analysis Reports are tools to assist your own evaluation and are not legal advice, legal opinions, expert testimony, or definitive conclusions. You are solely responsible for interpreting results and making your own legal and business decisions;
(g) Dacr does not guarantee the accuracy, completeness, or reliability of any Match Alert or Analysis Report. AI and machine-learning systems may produce errors. The absence of a match does not mean infringement has not occurred, and the presence of a match does not mean infringement has occurred;
(h) Dacr shall not be liable for any failure to detect infringement, any failure to identify potential matches, any inaccuracy in a Match Alert or Analysis Report, or any action or inaction you take based on a Match Alert or Analysis Report;
(i) Dacr shall not be liable for any consequences arising from your use of, reliance on, or distribution of a Match Alert or Analysis Report, including but not limited to claims of defamation, tortious interference, abuse of process, wrongful accusation, or any other claim by any third party who is the subject of a Match Alert or Analysis Report;
(j) If you choose to present a Match Alert or Analysis Report in legal proceedings, regulatory proceedings, or disputes, you do so at your own risk and you are solely responsible for determining whether and how it may be used, its admissibility, its evidentiary weight, and its appropriateness; and
(k) You agree to indemnify and hold harmless the Dacr Parties from any and all Claims arising from or related to your use of, reliance on, or distribution of any Match Alert or Analysis Report, including any Claim by a third party alleging harm as a result of a Match Alert or Analysis Report.
3.12Knowledge Base; Articles; Educational Content
Dacr may publish or make available articles, guides, blog posts, knowledge-base entries, FAQs, tutorials, opinions, commentary, industry analysis, legal summaries, and other written or multimedia content (collectively, "Educational Content") through the Services, the Dacr website, email communications, social media, or other channels.
All Educational Content is provided for general informational and educational purposes only. Educational Content does not constitute and shall not be construed as legal advice, tax advice, financial advice, business advice, or professional advice of any kind.
You acknowledge and agree that:
(a) Educational Content may contain opinions, perspectives, and analysis that reflect the views of the author(s) and not necessarily the official position of Dacr;
(b) Educational Content may discuss laws, regulations, legal concepts, or industry practices in general terms that may not be accurate, complete, or applicable to your specific situation, jurisdiction, or circumstances;
(c) Educational Content may become outdated as laws, regulations, and industry practices change, and Dacr has no obligation to update, correct, or supplement Educational Content;
(d) You shall not rely on Educational Content as a substitute for professional advice from a licensed attorney, accountant, tax advisor, or other qualified professional;
(e) Dacr makes no representation or warranty regarding the accuracy, completeness, reliability, timeliness, or suitability of any Educational Content for any purpose; and
(f) Dacr shall not be liable for any loss, damage, or harm arising from or related to your access to, use of, or reliance on any Educational Content, including but not limited to any decision you make or action you take based on Educational Content.
You agree to hold harmless the Dacr Parties from any Claims arising from your reliance on Educational Content.
3.13Aggregated and Anonymized Data
Dacr may collect, compile, aggregate, anonymize, de-identify, and otherwise process data derived from your use of the Services (including usage patterns, feature adoption, registration volumes, geographic distribution, industry trends, transaction data, and technical performance metrics) to create datasets that do not identify you individually (collectively, "Aggregated Data").
You agree that Dacr owns all right, title, and interest in Aggregated Data and may use Aggregated Data for any lawful purpose, including but not limited to: (a) improving, developing, and optimizing the Services; (b) creating benchmarks, analytics, industry reports, and market research; (c) developing new products, features, and services; (d) training and improving AI models, machine-learning systems, and algorithms; (e) marketing and promotional materials (without identifying you); (f) sharing with partners, researchers, or the public in aggregate form; and (g) any other commercial or operational purpose. This right survives termination of your account and these Terms. Aggregated Data is not User Content and is not subject to the ownership or license provisions of Sections 3.1 and 3.2.
3.14Dacr AI Reports; Report Credits
Report Credits. Analysis Reports (including technical comparison analysis reports) may be purchased individually or through prepaid report credits ("Report Credits"). Report Credits are prepaid fees for Dacr's report-generation services. Report Credits: (a) have no cash or monetary value, are not currency, stored value, deposits, or gift cards, and cannot be redeemed for cash except where required by mandatory law; (b) are non-transferable and non-refundable, including upon account termination; (c) are consumed when a report is generated and are not returned to your balance once a report is created, regardless of the outcome or content of the report; and (d) may be purchased individually or in packages at the prices displayed at the time of purchase. The number of Report Credits required for a particular report or service is displayed at the time of the transaction, may vary by report type, and may change prospectively.
Purchases Through App Stores. Report Credits and other in-app purchases made through a third-party application marketplace (such as the Apple App Store or Google Play) are billed by, and subject to the payment, billing, and refund terms of, that marketplace. Refund requests for marketplace purchases must be directed to the marketplace; Dacr does not control marketplace refund decisions. If a marketplace issues a refund for a purchase, Dacr may revoke the corresponding Report Credits or Services to the extent not yet used or consumed. A MARKETPLACE REFUND DOES NOT EXTINGUISH YOUR OBLIGATIONS TO DACR FOR SERVICES ALREADY DELIVERED, PERFORMED, OR CONSUMED. If, at the time of a marketplace refund, the corresponding Services have been delivered, performed, or consumed in whole or in part (including any report that has been generated, any registration that has been processed or submitted, and any Government Levy (as defined in Section 12), tax, or cross-border fee that Dacr has remitted or is obligated to remit) you remain directly liable to Dacr for the full refunded amount attributable to such Services and amounts, which constitutes an immediately due and payable debt owed to Dacr. Dacr may charge such debt to any payment method on file, offset it against any account balance or credits, invoice you for it, suspend the Services until it is paid, and collect it under Sections 13, 15, and 16. Prices in third- party marketplaces may differ from prices on dacr.com.
Nature of Reports; No Legal Determination. Analysis Reports are automated technical analyses that describe potential similarities, overlaps, or use between works. YOU ACKNOWLEDGE AND AGREE THAT: (a) Reports are provided for informational purposes only. A Report is not a legal determination, legal conclusion, legal opinion, accusation, or finding of infringement, and Dacr does not state, assert, or imply that any work infringes any other work; (b) whether infringement exists is a legal question that only you, your legal counsel, and ultimately a court or other competent tribunal can determine; (c) Reports are not legal advice, and no attorney-client or advisory relationship is created by the generation or delivery of a Report; (d) Dacr does not guarantee the accuracy, completeness, reliability, or admissibility in any proceeding of any Report; and (e) you are solely responsible for your use of any Report, for any conclusion you draw from it, and for any claim, demand, notice, takedown, or proceeding you initiate or assert in reliance on it.
You will indemnify, defend, and hold harmless the Dacr Parties from and against any Claim arising from or related to your use of, reliance on, or assertion of any Report, as set forth in Section 19.
3.15Competing Claims; Corrections and Superseding Records
Registration through the Services records a claim of ownership as submitted by the registrant; it does not constitute an adjudication of ownership, authorship, or the validity of any claim. Where two or more persons submit competing, overlapping, or conflicting registrations for the same or substantially similar works: (a) Dacr does not determine which claim is valid; ownership disputes are matters between the claimants, to be resolved by agreement, by the courts, or by the competent authorities of the applicable jurisdiction; (b) Dacr may, in its discretion, flag, annotate, suspend, or restrict the visibility of affected registrations pending resolution; (c) Dacr may act upon final court orders, arbitral awards, or directions of competent governmental authorities; and (d) consistent with the append-only architecture of the Permanent Evidence Layer, corrections, updates, and resolutions are recorded as new, superseding records; prior records are not erased but may be annotated, suppressed from display, or marked as superseded.
Registration in the name of one person does not extinguish or determine the rights of co-authors, joint owners, assignees, licensees, employers under work-made-for-hire principles, or other interest holders, whose rights are governed by applicable law. Submitting a registration you know to be false or fraudulent is a material breach of these Terms (see Section 4) and may be unlawful.
4. Warranty of Originality; User Certifications
By submitting any User Content for registration or protection through the Services (whether as the creator, rights holder, or as an Authorized Representative), you represent, warrant, and certify that:
(a) You are the original author or creator of the User Content, OR you have been duly authorized by the original author, creator, or rights holder to submit the User Content for registration and to act on their behalf;
(b) The User Content is original and does not copy, reproduce, or derive from any third party's copyrighted work without authorization;
(c) The registration will not infringe, violate, or misappropriate any intellectual property right, moral right, publicity right, privacy right, or any other right of any third party;
(d) All information you provide (including authorship information, rights- holder information, dates of creation, descriptions, and metadata) is accurate, truthful, and not misleading;
(e) If you are an Authorized Representative, you have valid, current authorization from the rights holder(s) sufficient to make the submission and grant all necessary rights under these Terms;
(f) You have complied with all applicable laws regarding the creation, ownership, transfer, and registration of the User Content;
(g) You are not submitting the User Content for any fraudulent, illegal, or improper purpose; and
(h) You understand that false or fraudulent registration may constitute a criminal offense in certain jurisdictions and may expose you to civil and criminal liability.
Bulk and Batch Submissions. If you submit multiple works simultaneously through drag-and-drop, batch upload, bulk registration, API submission, or any other method that registers more than one work in a single session or transaction (a "Bulk Submission"): (i) the representations, warranties, and certifications in this Section 4 apply individually and separately to each and every work in the Bulk Submission: you are warranting originality, ownership, and authority for every single item, not just the batch as a whole; (ii) Dacr may reject, delay, flag, or remove any individual work within a Bulk Submission without affecting the remainder; (iii) if Dacr determines that any work in a Bulk Submission violates these Terms, Dacr may in its sole discretion reject the entire Bulk Submission, reject only the offending work(s), or suspend your account for investigation; (iv) no refund will be issued for individual works rejected from a Bulk Submission except at Dacr's sole discretion or as required by mandatory law; (v) processing times for Bulk Submissions are estimates only and are not guaranteed; large volumes may take longer to process; and (vi) you are solely responsible for ensuring that every work in a Bulk Submission meets all requirements of these Terms, including the warranty of originality, before submission.
You agree to indemnify, defend, and hold harmless the Dacr Parties from any Claims arising from a breach of any representation, warranty, or certification in this Section, including Claims by third parties alleging that User Content registered through the Services infringes their intellectual property rights or that you lacked authority to submit it.
5. Government Registration Services; Partner Jurisdictions
5.1 Dacr may operate, support, administer, or provide technical, payment, evidence, workflow, or portal services in connection with one or more government-recognized, government-supported, nationally designated, or otherwise official copyright-registration, evidence, notification, filing, publication, recordation, or recognition programs in certain countries (each, a "Partner Jurisdiction," and collectively, "Partner Jurisdictions"; such services, "Government Registration Services" or "Official Registry Services").
5.2 Official Registry Services may involve Dacr acting as a technology provider, operator, processor, submission agent, administrative intermediary, evidence-layer provider, publishing portal, or other support role. Unless Dacr expressly states in writing that Dacr itself is the legal decision-maker for a particular program, Dacr is NOT the sovereign authority, court, ministry, registry office, or final decision-maker and does not assume the legal obligations of any sovereign or governmental body.
5.3 Availability, scope, timing, legal effect, acceptance criteria, evidentiary weight, public visibility, publication rules, cross-border recognition, and downstream enforceability of any Official Registry Service may vary by jurisdiction and may change at any time without notice.
5.4 In connection with Government Registration Services, you agree to pay all applicable fees, which may include, without limitation: (a) Registration Fees charged by Dacr; (b) Government Levies, Taxes, and Duties imposed by any governmental authority; (c) Administrative Fees for document preparation, certification, authentication, apostille facilitation, or other processing; (d) Cross-Border Recognition Fees for obtaining recognition in additional Partner Jurisdictions; (e) Currency Conversion Fees; (f) Expedited Processing Fees; (g) Foreign counsel, courier, translation, notarial, or apostille costs; (h) Payment processor, bank, wire, or network fees; and (i) Any other fees Dacr may implement from time to time. All fees are subject to change without prior notice.
5.5 If an authority, processor, intermediary, or law later imposes additional fees, taxes, levies, or charges related to your use of an Official Registry Service, you authorize Dacr to invoice you and, where permitted, to charge your payment method on file for those amounts.
5.6 You are solely responsible for the truth, completeness, lawfulness, format, language, classification, and sufficiency of all materials and information you submit in connection with any Official Registry Service.
5.7 Dacr may reject, delay, flag, correct formatting of, suspend, cancel, or reverse any submission, filing, record, or recognition request where Dacr or an applicable authority determines there is an error, legal issue, payment issue, fraud issue, sanctions issue, data-quality issue, or other operational issue.
5.8 DACR MAKES NO REPRESENTATION OR WARRANTY REGARDING THE ACTIONS, OMISSIONS, DECISIONS, OR CONDUCT OF ANY GOVERNMENT IN ANY PARTNER JURISDICTION. DACR SHALL NOT BE LIABLE FOR: (A) ANY DELAY, REFUSAL, REJECTION, OR FAILURE BY ANY GOVERNMENT; (B) ANY CHANGE IN LAW, REGULATION, POLICY, OR GOVERNMENTAL PRACTICE; (C) ANY ACT OF GOVERNMENT INCLUDING EXPROPRIATION, NATIONALIZATION, REVOCATION OF AUTHORIZATION, OR REGULATORY ACTION; (D) ANY LOSS OR DAMAGE ARISING FROM RELIANCE ON GOVERNMENT REGISTRATION SERVICES; OR (E) ANY LOSS OF DATA, RECORDS, OR REGISTRATIONS HELD BY ANY GOVERNMENT.
5.9 Dacr does not warrant that any filing, registration, certificate, recognition, priority date, or administrative output will be maintained forever, remain public, remain private, remain valid, or be recognized in any other jurisdiction.
5.10 You are solely responsible for complying with all applicable laws in any Partner Jurisdiction, including intellectual property, taxation, foreign investment, data localization, and anti-money laundering laws.
5.11 In Partner Jurisdictions, the handling, processing, retention, and protection of data submitted through Government Registration Services may be subject to specific terms, arrangements, or requirements established by the applicable governmental agreement, authorization, or national legislation (however titled or structured), which may differ from the general terms of the Privacy Policy. To the extent of any conflict between the Privacy Policy and the terms of an applicable governmental arrangement in a Partner Jurisdiction, the governmental arrangement shall govern with respect to data processed in connection with Government Registration Services in that jurisdiction.
5.12 Government-Branded Portals. Dacr may make the Services available through co-branded or government-branded portals, applications, or interfaces that display the name, logo, insignia, or branding of a governmental authority in a Partner Jurisdiction (each, a "Government Portal"). Government Portals are operated by Dacr, and your access to and use of the Services through a Government Portal is governed exclusively by these Terms, the Privacy Policy, and the Payments Policy, regardless of the access channel, and on the same basis as access through dacr.com. The display of governmental branding reflects the governmental designation or authorization of the Official Registry Services in that jurisdiction; it does not mean that the governmental authority operates the portal, provides the Services, or assumes any obligation to you, and it does not create any additional obligation, warranty, or liability of Dacr beyond those set forth in these Terms. Dacr is not responsible for any statement, representation, or content of any governmental authority regarding the Services.
5.13 Government Administrative Access. In Partner Jurisdictions, authorized personnel of the applicable governmental authority may be provided administrative accounts, dashboards, or interfaces through which they may access, view, monitor, and export registration data, user data, and related records concerning the Official Registry Services in their jurisdiction. Such access is provided pursuant to the applicable governmental designation, national legislation, or other governmental agreement or arrangement between Dacr and that authority, however titled or structured. You acknowledge and agree that: (a) governmental access to and use of such data is governed by the laws and policies of the applicable jurisdiction and any applicable governmental arrangement, not by these Terms or the Privacy Policy; (b) Dacr is not responsible or liable for any access to, or any use, processing, storage, disclosure, or handling of data by any governmental authority or its personnel; and (c) the conduct of governmental users is not attributable to Dacr.
5.14 Sovereign and Governmental Function. In Partner Jurisdictions, Dacr operates the Official National Copyright Registration System pursuant to governmental designation, national legislation, and/or other governmental agreements or arrangements (however titled or structured), and in doing so performs functions of a public or governmental character delegated by the applicable government. To the fullest extent permitted by applicable law, Dacr and each of the Dacr Parties claim, reserve, and do not waive any immunity, privilege, protection, or defense (including any derivative sovereign immunity, government-contractor defense, official-authorization defense, or public- function protection) available under the law of any jurisdiction in connection with acts or omissions performed within the scope of such governmental designation, authorization, or mandate. Nothing in these Terms, and no act or omission of Dacr, constitutes a waiver of any such immunity, privilege, protection, or defense. Claims relating to acts or decisions of a governmental authority, or to functions performed by Dacr strictly pursuant to governmental direction or legal mandate, must be directed to the applicable governmental authority in accordance with the law of that jurisdiction.
5.15 No Guarantee of Registrability or Recognition; Fees Earned on Submission. You are solely responsible for determining, before you register a work, whether the work is copyrightable, registrable, and eligible for recognition under the laws of each jurisdiction you select. Dacr does not advise on, and makes no representation or warranty regarding, the copyrightability, registrability, eligibility, or recognition of any work in any jurisdiction. Registration fees, Government Levies, taxes, administrative fees, cross-border recognition fees, and related Charges compensate Dacr for processing, submission, evidence, and infrastructure services that are fully performed upon submission, and such amounts are earned and non-refundable regardless of whether any government, registry, or authority accepts, registers, or recognizes the work. If any jurisdiction you selected declines, rejects, or does not recognize a registration for any reason, including because the work is not copyrightable or eligible under that jurisdiction's laws, you remain responsible for all fees paid and payable for that registration, and no refund or credit will be issued except where required by mandatory law.
5.16 Governmental Users; Precedence of Governmental Agreements. Where a governmental authority, or an individual acting in an official capacity on behalf of a governmental authority (each, a "Governmental User"), accesses or uses the Services (including the administrative accounts, dashboards, or interfaces described in Section 5.13) in connection with any agreement, designation, national legislation, decree, concession, license, or other governmental instrument or arrangement between Dacr and that authority, however titled or structured (a "Governmental Agreement"): (a) the Governmental Agreement governs the relationship between Dacr and the governmental authority, and in the event of any conflict between these Terms, the Privacy Policy, or the Payments Policy and the Governmental Agreement, the Governmental Agreement controls to the fullest extent of the conflict; (b) nothing in these Terms modifies, amends, limits, waives, or supersedes any right, obligation, privilege, or immunity of the governmental authority or of Dacr under the Governmental Agreement, no acceptance of these Terms by a Governmental User constitutes an amendment to or waiver under the Governmental Agreement, and nothing in these Terms constitutes a waiver of sovereign immunity by any governmental authority except as expressly provided in the applicable Governmental Agreement; (c) these Terms apply to a Governmental User's access and use only to the extent not inconsistent with the Governmental Agreement and the applicable law governing that authority; and (d) each Governmental Agreement is deemed a Separate Agreement for purposes of Sections 38.3 and 38.7.
6.Prohibited Conduct and Content
You will not, and will not permit any third party to:
(a) Violate any law, regulation, sanctions program, court order, or contractual restriction;
(b) Infringe or violate any intellectual-property, privacy, publicity, moral, or proprietary right;
(c) Submit false, deceptive, fraudulent, or misleading information or content;
(d) Impersonate any person or misrepresent affiliation, authority, authorship, title, or rights;
(e) Use the Services to launder money, evade sanctions, evade taxes, process proceeds of crime, or facilitate fraud;
(f) Bypass security, payment controls, identity checks, rate limits, access restrictions, or content controls;
(g) Scrape, crawl, mine, frame, mirror, harvest, or systematically extract data from the Services, except as expressly permitted below;
(h) Reverse engineer or attempt to discover source code, models, security methods, or non-public APIs;
(i) Use bots or automation that interfere with the Services;
(j) Upload malware, malicious code, ransomware, or harmful material;
(k) Create multiple accounts to evade limits, billing, enforcement, or prior terminations;
(l) Resell, sublicense, white-label, or commercially exploit the Services except as expressly authorized;
(m) Attempt to register works you do not own or for which you lack authorization;
(n) Interfere with or disrupt the integrity of the Permanent Evidence Layer;
(o) Use the Services in violation of any anti-bribery, anti-corruption, or anti-money laundering law; or
(p) Use the Services in any manner that exposes Dacr or its users to unreasonable legal, financial, operational, reputational, or security risk.
Dacr reserves the right to determine, in its sole discretion, what constitutes a violation of this Section.
6.2Data Scraping; Crawling; Automated Access
The registration data, user data, certificate data, metadata, fingerprints, ownership records, and all other data available through the Services (collectively, "Registry Data") is proprietary to Dacr and its users and is protected by these Terms, intellectual property laws, and database protection rights.
Prohibited Activities. Without Dacr's prior written consent, you shall not (and shall not permit, enable, or assist any third party to) scrape, crawl, spider, index, mine, harvest, cache, store, copy, compile, aggregate, redistribute, republish, mirror, download in bulk, or systematically extract any Registry Data, including but not limited to: (a) user profiles, user information, or user contact details; (b) registration records, ownership data, authorship information, or rights metadata; (c) certificate content, certificate images, certificate data, or QR codes; (d) fingerprints, hashes, or evidence-layer identifiers; (e) Analysis Reports, Match Alerts, or AI Analysis outputs; and (f) any other data that is not your own User Content.
No Competitive Use; No Monetization. Without limiting the foregoing, you shall not (and shall not permit, enable, or assist any third party to) use any Registry Data, scraped data, extracted data, or any data obtained from or through the Services (whether obtained in violation of these Terms or otherwise) to: (a) create, develop, operate, improve, train, market, sell, or offer any product, service, platform, database, directory, registry, tool, application, or system that competes with, replicates, or is substantially similar to any aspect of the Services; (b) sell, license, sublicense, rent, lease, distribute, share, or otherwise transfer or make available any Registry Data or scraped data to any third party for any purpose, whether for compensation or otherwise; (c) monetize, commercialize, or derive revenue from any Registry Data or scraped data in any way, including through advertising, subscription fees, data brokerage, lead generation, list building, marketing services, or any other direct or indirect commercial exploitation; (d) create or contribute to any database, dataset, directory, index, compilation, or data product that incorporates Registry Data or scraped data; (e) use Registry Data or scraped data for targeted advertising, user profiling, market research, competitive intelligence, or business development directed at Dacr's users; or (f) offer services to third parties that rely on, incorporate, or are informed by Registry Data or scraped data. This prohibition applies regardless of whether the data was obtained through automated means, manual collection, third-party intermediaries, or any other method, and regardless of the volume of data involved.
Limited Exception for Search Engines and AI. Dacr permits search engine crawlers and AI systems to access publicly available pages of the Services solely for the purpose of indexing and making such pages discoverable through search results or AI-generated responses, subject to the following conditions: (i) crawlers must comply with Dacr's robots.txt file and any crawl-rate or access directives; (ii) crawlers may index and reference content but may not store, cache, reproduce, or retain the underlying Registry Data beyond what is necessary for indexing and transient display in search results; (iii) no crawler or AI system may bulk-download, compile, aggregate, or create a database or dataset from Registry Data; (iv) no crawler or AI system may access, index, or process non-public pages, authenticated content, or content behind a login; and (v) Dacr reserves the right to revoke this permission for any crawler or system at any time by updating robots.txt or by written notice. This exception does not authorize any use of Registry Data for the purpose of building a competing product or service.
Technical Protection Measures. Dacr employs technical protection measures to protect Registry Data, including but not limited to: rate limiting, CAPTCHAs, bot detection, device fingerprinting, IP monitoring, access controls, authentication requirements, encryption, obfuscation, and other security mechanisms (collectively, "Technical Measures"). You shall not circumvent, bypass, disable, interfere with, or attempt to circumvent any Technical Measure. Any circumvention of Technical Measures constitutes a violation of the Digital Millennium Copyright Act (17 U.S.C. § 1201) and analogous anti- circumvention laws, in addition to a breach of these Terms.
Liquidated Damages for Unauthorized Scraping. You acknowledge that unauthorized scraping, crawling, or data extraction causes substantial harm to Dacr that is difficult or impossible to quantify, including damage to the integrity of the registry, loss of competitive advantage, harm to user trust, infrastructure costs, and reputational harm. If you engage in unauthorized scraping, crawling, or data extraction in violation of this Section, you agree to pay Dacr liquidated damages calculated as follows:
(a) Per-Record Damages: Twenty-five United States dollars ($25.00) per individual data record accessed, viewed, retrieved, copied, scraped, downloaded, extracted, or collected in violation of this Section, with a minimum of one hundred thousand United States dollars ($100,000.00) per scraping incident regardless of the number of records involved. You acknowledge that each record in Dacr's registry represents substantial investment in user acquisition, registration processing, digital fingerprinting, evidence-layer infrastructure, AI analysis capabilities, and ongoing maintenance, and that $25.00 per record is a reasonable estimate of the minimum harm caused by the unauthorized extraction of each record. If any court, arbitrator, or tribunal determines that the per- record amount or the minimum exceeds what is permissible under applicable law, the amount shall be automatically reformed to the maximum amount that the court, arbitrator, or tribunal determines is enforceable, and the provision shall not be voided entirely;
(b) Per-Day Damages: Two thousand five hundred United States dollars ($2,500.00) for each day that unauthorized scraping activity continues or that improperly obtained data is retained, stored, cached, or accessible by you or any third party to whom you provided or made available the data;
(c) Anti-Circumvention Damages: An additional fifty thousand United States dollars ($50,000.00) per incident if the scraping involved circumventing, bypassing, or disabling any Technical Measure;
(d) Monetization Multiplier: If you or any third party monetized, commercialized, sold, licensed, or derived revenue from the scraped data (directly or indirectly), the per-record damages in subsection (a) above are tripled, and you shall additionally disgorge and pay to Dacr all gross revenue, profits, fees, commissions, and other income derived from the unauthorized use of the scraped data; and
(e) Competitive Use Multiplier: If the scraped data was used to create, develop, operate, improve, or market a product or service that competes with or is substantially similar to any aspect of the Services, the per-record damages in subsection (a) above are quintupled (multiplied by five), in addition to the disgorgement in subsection (d).
These liquidated damages are in addition to (not in lieu of) any actual damages, statutory damages, profits, attorneys' fees, injunctive relief, or other remedies available to Dacr under these Terms, applicable law, or equity. These amounts represent a reasonable estimate of minimum harm and are not a penalty. Maximum Enforcement: If any court, arbitrator, or tribunal determines that any liquidated damages amount in this Section exceeds what is enforceable under applicable law, such amount shall be automatically reformed to the maximum amount the court, arbitrator, or tribunal determines is enforceable, and the provision shall be enforced to the maximum extent permitted, not voided. The reformation of any one subsection does not affect the enforceability of any other subsection.
Mandatory Destruction and Certification. Upon Dacr's demand, any person or entity that has obtained Registry Data in violation of this Section must: (a) immediately cease all use of the data; (b) permanently destroy all copies of the data in their possession or control, including backups, caches, databases, and derivative works; (c) cause any third party to whom they provided the data to do the same; and (d) provide Dacr with a sworn written certification, signed under penalty of perjury, confirming complete destruction within ten (10) business days of Dacr's demand. Failure to provide the certification within the required timeframe constitutes a separate, continuing breach and triggers the per-day damages in subsection (b) above from the date of Dacr's demand.
Fee-Shifting. If Dacr prevails (in whole or in part) in any action, arbitration, or proceeding arising from a violation of this Section 6.2, you shall pay all of Dacr's reasonable attorneys' fees, expert fees, forensic investigation costs, technical consultant fees, court costs, arbitration fees, and all other enforcement costs and expenses. This fee-shifting provision applies regardless of the forum and regardless of the amount in controversy.
Injunctive Relief. You acknowledge that any violation of this Section 6.2 would cause irreparable harm to Dacr for which monetary damages alone would be inadequate. You agree that Dacr is entitled to immediate temporary, preliminary, and permanent injunctive relief (without posting a bond, proving actual damages, or demonstrating irreparable harm) to prevent or restrain any actual or threatened violation of this Section, in addition to all other remedies available at law or equity.
Cumulative Legal Claims. Dacr may pursue any combination of the following legal claims in connection with unauthorized scraping, and these claims are cumulative and not exclusive: (a) breach of contract under these Terms; (b) violations of the Computer Fraud and Abuse Act (18 U.S.C. § 1030) and state computer crime statutes; (c) violations of the Digital Millennium Copyright Act (17 U.S.C. § 1201) for circumvention of Technical Measures; (d) copyright infringement (17 U.S.C. § 501 et seq.); (e) misappropriation of trade secrets under the Defend Trade Secrets Act (18 U.S.C. § 1836) and applicable state trade secret laws; (f) trespass to chattels; (g) conversion; (h) unjust enrichment; (i) unfair competition; (j) tortious interference with business relationships; (k) database rights under applicable law; and (l) any other claim available under federal, state, or international law. Dacr may also refer violations to the U.S. Department of Justice, the FBI's Internet Crime Complaint Center (IC3), and other law enforcement agencies for criminal prosecution under the CFAA and other applicable statutes.
Acceptance by Access. Any person or entity that accesses, views, retrieves, collects, scrapes, crawls, indexes, or otherwise obtains any Registry Data or any other data from or through the Services (whether through a browser, automated tool, bot, crawler, API, script, manual collection, or any other means, and whether or not they have created an account or clicked to accept these Terms) is deemed to have accepted and agreed to be bound by these Terms in their entirety, including this Section 6.2, Section 7 (Ownership), Section 22 (Arbitration), and all limitations of liability, indemnification, and other protective provisions. Access to or use of any data from the Services constitutes acceptance of these Terms. If you do not agree to these Terms, you must immediately cease all access to and use of the Services and all data obtained therefrom.
7.Ownership; Limited License
7.1 The Services (including all software, interfaces, workflows, text, graphics, databases, compilations, models, branding, designs, algorithms, artificial intelligence models, machine-learning models, training data, analysis methodologies, fingerprinting technology, matching algorithms, evidence-layer architecture, and other content and technology) are owned by Dacr or its licensors and protected by United States and international intellectual-property laws, including copyright, trademark, patent, and trade secret laws. All rights not expressly granted are reserved by Dacr.
7.2 Subject to compliance with these Terms, Dacr grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for their intended purpose. Any unauthorized use terminates this license immediately without notice.
7.3 Nothing in these Terms grants you any right, title, or interest in or to: (a) Dacr's software, source code, object code, APIs, algorithms, or technology; (b) Dacr's AI models, machine-learning models, training data, analysis methodologies, fingerprinting technology, or matching algorithms; (c) Dacr's databases, registries, evidence-layer systems, or data compilations; (d) Dacr's trademarks, trade dress, logos, or branding; or (e) any derivative works, improvements, or modifications of the foregoing, even if informed or influenced by your User Content, Feedback, or usage patterns.
7.4 You shall not, directly or indirectly: (a) use the Services, any content from the Services, any Analysis Reports, any data, or any output to build, train, develop, improve, or operate a product or service that competes with or is substantially similar to any aspect of the Services; (b) use the Services to benchmark, reverse engineer, or evaluate the Services for the benefit of a competing product or service; (c) systematically extract, compile, or aggregate data from the Services to create a database, directory, or dataset for any purpose; or (d) use Dacr's technology, methodology, or outputs to develop your own copyright registration, fingerprinting, evidence, or infringement-detection system.
8.Trademarks
"Dacr," "Digital Assertive Copyright," and all related logos, product and service names, slogans, and the look and feel of the Services are trademarks of Dacr. All other trademarks are property of their respective owners.
Dacr grants you a limited, revocable, non-exclusive, royalty-free, worldwide license to use the Dacr logo and badge (the "Dacr Marks") solely to indicate that User Content is subject to these Terms and used in connection with the Services; provided that: (a) you shall not commercially exploit the Dacr Marks; (b) you shall not use them in violation of Dacr's brand guidelines; and (c) you shall not display them if your account is not in good standing.
Publicity Restrictions. You may not issue any press release, public announcement, blog post, social media post, marketing material, or other public communication that suggests, implies, or states a partnership, sponsorship, endorsement, affiliation, certification, special relationship, or official status with Dacr without Dacr's prior written consent. Without limiting the foregoing, you may not use phrases such as "Dacr-certified," "official Dacr partner," "endorsed by Dacr," "Dacr-approved," or any similar language that could create a false impression of affiliation or endorsement. You may accurately state that you use Dacr's Services (e.g., "We register our copyrights through Dacr"), but any statement beyond factual use of the Services requires Dacr's prior written approval. Dacr reserves the right to use your name, logo, and a factual description of your use of the Services in Dacr's marketing materials, case studies, customer lists, and investor presentations, unless you opt out by written notice to legal@dacr.com.
9.Feedback
Any suggestions, ideas, comments, or other feedback you submit to Dacr ("Feedback") is non-confidential and becomes the sole property of Dacr. You irrevocably assign all right, title, and interest in Feedback to Dacr. Dacr may use Feedback for any purpose without compensation or attribution.
10. Repeat Infringer Policy; Copyright Complaints (DMCA)
In accordance with the Digital Millennium Copyright Act (17 U.S.C. Section 512) and other applicable law, Dacr has adopted a policy of terminating, in appropriate circumstances, the accounts of Users who repeatedly infringe intellectual property rights.
If you believe material on the Services infringes your copyright, send a compliant notification to:
Designated Agent: Yosef B. Shwedel
Address: 20801 Biscayne Blvd, Suite 506, Aventura, Florida 33180
Email: legal@dacr.com
See 17 U.S.C. Section 512(c)(3) for requirements. Knowingly misrepresenting infringement may result in liability. Dacr may share identifying information with parties who submit DMCA requests. Certain content on the Permanent Evidence Layer may be technically impossible to remove. Dacr disclaims all liability for such inability.
11.Refund Policy; No Chargebacks
Complete refund, payment, tax, chargeback, and collections terms are set forth in Dacr's Payments, Taxes, Fees, Refunds, Chargebacks, and Collections Policy at www.dacr.com/legal/pricing, which is incorporated herein by reference. Key provisions include:
(a) All payments are final and non-refundable except where mandatory law requires otherwise or except in Dacr's sole and absolute discretion.
(b) The Services provide instant digital delivery (including immediate copyright registration, fingerprinting, validation, government registration processing, and creation of permanent records), which is considered fully delivered at the time of payment.
(c) You will not initiate any chargeback, reversal, or payment dispute for any charge processed in accordance with these Terms. Filing a chargeback in violation of this provision may result in account termination, liquidated damages of $1,000 per chargeback, referral to collections, credit reporting, and pursuit of all legal remedies. See Section 16.
(d) Billing errors must be reported promptly to support@dacr.com. You must report billing errors within the time period required by applicable law (including the sixty (60) day period under the Truth in Lending Act / Regulation Z for billing error disputes on credit card accounts). Reporting promptly helps Dacr investigate and resolve the issue. Failure to report within the applicable period may constitute acceptance of the charge to the extent permitted by law.
For full details, see the Payments Policy.
12. Fees, Taxes, and Payment Obligations
You agree to pay all fees, prices, subscriptions, transaction charges, filing fees, registry fees, renewal fees, taxes, levies, government charges, administrative fees, cross-border recognition fees, processor fees, network fees, bank fees, wire fees, currency conversion costs, and any other amounts due (collectively, "Charges").
Unless expressly stated otherwise, all Charges are exclusive of all taxes. You are responsible for all taxes, duties, levies, and governmental charges, whether now existing or later imposed, without setoff, counterclaim, deduction, or withholding, except to the extent withholding is required by law. If withholding is required, you will gross up the payment so Dacr receives the full amount it would have received absent the withholding, unless applicable law prohibits that result.
Dacr may change prices, fees, and billing structures at any time. Changes apply prospectively.
Fees Displayed at Checkout; Per-Jurisdiction Fees. The prices, fees, and billing structures applicable to a transaction are those displayed within the Services at the time of the transaction. Registration and related fees may apply on a per-work and per-jurisdiction basis: a separate fee may apply for each jurisdiction in which a work is registered or recognized, including Dacr's own registry and each Partner Jurisdiction you select, and the amount of each registration fee, Government Levy, tax, administrative fee, and cross-border recognition fee is set per jurisdiction and may differ by jurisdiction. The fees, Government Levies (as defined below), and taxes applicable to your transaction are itemized at checkout before you confirm payment.
Government Levies and Charges; Collection on Behalf of Governments. In Partner Jurisdictions, registrations and other Services may be subject to government levies, taxes, stamp duties, registry charges, or other governmental fees ("Government Levies"), which are displayed at checkout and collected by Dacr on behalf of the applicable governmental authority. YOU ACKNOWLEDGE AND AGREE THAT: (a) Government Levies are imposed by the applicable government, not by Dacr, and your obligation to pay them is an obligation owed to that government that exists independently of these Terms; (b) if you fail to pay a Government Levy, or initiate a chargeback, reversal, dispute, or marketplace refund of a payment that includes a Government Levy, your obligation to the government is not extinguished; you remain fully liable for the Government Levy to the governmental authority, which may pursue collection and enforcement under its own laws, and non-payment may result in the suspension, invalidation, or non-recognition of the affected registration in that jurisdiction; (c) where Dacr has remitted or is obligated to remit a Government Levy to a governmental authority notwithstanding your non-payment, reversal, chargeback, or marketplace refund, you will immediately reimburse and indemnify Dacr for the full amount remitted or owed, plus Dacr's costs of collection, and such amounts are recoverable under Sections 13, 15, and 16; and (d) the reversal or non-payment of a Government Levy may additionally constitute a violation of the laws of the applicable Partner Jurisdiction, for which you are solely responsible.
Plan Changes; True-Up Fees. If you change plans, the pricing of your new plan applies as disclosed at checkout, which may include fees for works previously registered under a different plan where the new plan prices works on a per-work or per-jurisdiction basis. The total amount due, including any true-up fees for previously registered works, is displayed before you confirm the plan change. By confirming a plan change, you authorize Dacr to charge the displayed amounts and the recurring fees of the new plan.
Tax Information and Reporting. You agree to provide Dacr with accurate, complete, and current tax information as reasonably requested, including but not limited to: tax identification numbers (SSN, EIN, TIN, VAT ID, or equivalent), tax residency, legal name, entity type, and any tax forms or certifications required by applicable law (including IRS Forms W-9, W-8BEN, W-8BEN-E, or equivalent). If the Services facilitate payments, royalties, licensing fees, or other compensation to you or from you (including through Transactions under Section 35), Dacr may be required to report such amounts to tax authorities, including the U.S. Internal Revenue Service (via Form 1099-K or other applicable information returns), EU member state tax authorities (under DAC7 or equivalent directives), or other governmental bodies. You acknowledge and consent to such reporting. Dacr shall not be liable for any tax obligations arising from your use of the Services, including income taxes, self-employment taxes, VAT, GST, or any other tax. Failure to provide accurate and timely tax information may result in backup withholding, account suspension, or reporting with incomplete information, as required by law.
13. Accrued Balances and Payment Authorization
By providing a payment method, you authorize Dacr and its processors to charge that method for all Charges and all other amounts you owe. This authorization covers one-time charges, recurring charges, renewals, true- ups, usage charges, taxes, levies, later-assessed fees, reversals, chargeback amounts, liquidated damages, collection costs, and any other amounts due, even if charged after the initial transaction, after account suspension, or after account closure.
If a payment fails, is reversed, or is disputed, Dacr may retry, split charges, suspend Services, offset amounts, or use any other lawful collection method. If no active payment method is on file, charges continue to accrue and shall be settled upon reactivation or through collection proceedings.
Submitting an error report does not suspend Dacr's general collection rights, except to the extent that mandatory applicable law (including the Truth in Lending Act / Regulation Z) restricts collection of the specifically disputed amount or adverse credit reporting during a pending billing-error investigation (see Section 15, Billing-Error Protections). Dacr's determination of charge validity is final and binding as between you and Dacr, subject to the rights of your financial institution, card issuer, or payment network under their own rules and applicable law. Regardless of the outcome of any chargeback, payment dispute, or card-network process, your contractual obligations to Dacr (including liquidated damages, collection costs, attorneys' fees, and all other remedies under these Terms) remain fully enforceable and are not affected or discharged by any card-network ruling or financial institution decision.
14.Auto-Renewal; Subscription Cancellation
If you subscribe to recurring Services, your subscription will automatically renew at the then-current price unless you cancel before the renewal date. You authorize Dacr to charge your payment method for each renewal without further notice.
You may cancel through your account settings or by contacting support@dacr.com. Cancellation takes effect at the end of the current billing period. No prorated refunds will be issued. Cancellation stops future charges only; it does not retroactively cancel Charges already incurred and does not affect non-refundable governmental or third-party charges.
To the extent required by applicable law (including the Restore Online Shoppers' Confidence Act (ROSCA), Section 5 of the FTC Act, the California Automatic Renewal Law, Cal. Bus. & Prof. Code Sections 17600-17606, the New York General Business Law Section 527-a, and any applicable state auto-renewal law or federal regulation), Dacr provides a cancellation mechanism at least as easy to use as the subscription mechanism.
15.Collection; Remedies for Non-Payment
Any unpaid amount is immediately due and payable. If you fail to pay when due, Dacr may:
(a) Suspend or terminate your account and all Services;
(b) Refuse submissions, publications, registry actions, renewals, transfers, or payouts;
(c) Revoke discounts, credits, or promotional pricing;
(d) Offset any amount Dacr otherwise owes you;
(e) Charge interest at the lesser of 1.5% per month (18% per annum) or the maximum lawful rate;
(f) Refer your account to a third-party collection agency;
(g) Report delinquent amounts to credit reporting agencies to the extent Dacr maintains the compliance infrastructure required by the Fair Credit Reporting Act (FCRA), Regulation V, and applicable state law, and in compliance with all furnisher obligations thereunder;
(h) File legal proceedings in any court of competent jurisdiction;
(i) File liens, seek prejudgment attachment, garnishment, or other security interests; and
(j) Pursue any other remedy available at law, in equity, or under these Terms.
Consent to Collection Jurisdiction. You consent to the personal jurisdiction of any court in which Dacr brings a collection action, including courts in Florida and courts in your jurisdiction of residence. You waive any objection to jurisdiction or venue.
You are responsible for all costs of collection, including reasonable attorneys' fees, collection agency fees, court costs, arbitration fees, expert fees, and all other enforcement costs.
Your payment obligations survive suspension, deactivation, deletion, or termination of your account.
Billing-Error Protections. Notwithstanding anything to the contrary in this Section, to the extent that you have properly raised a billing-error dispute under the Truth in Lending Act (Regulation Z) or any other mandatory applicable law that restricts collection activity during a pending billing-error investigation, Dacr will comply with the requirements of that law during the pendency of the investigation, including any restrictions on collection of the specifically disputed amount and any restrictions on adverse credit reporting solely because the disputed amount remains unpaid while the billing-error process is pending. This savings clause applies only to properly raised billing-error disputes under applicable law and does not apply to buyer's-remorse chargebacks, frivolous disputes, or disputes filed in bad faith.
Mandatory Law and Consumer Arbitration Standards. All chargeback remedies, liquidated damages, fee-shifting provisions, collection remedies, credit-reporting provisions, and other enforcement mechanisms in these Terms and the Payments Policy are subject to and enforceable only to the extent permitted by mandatory applicable law and, for consumer arbitrations, the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards. To the extent any remedy exceeds what is permissible under mandatory law or the JAMS Consumer Minimum Standards, such remedy shall be automatically reformed to the maximum extent permitted. This savings clause does not waive any remedy that is permitted by law; it ensures that remedies are exercised within the bounds of applicable legal requirements.
16. Liquidated Damages for Fraudulent Chargebacks
You acknowledge that a fraudulent or bad-faith chargeback filed in violation of these Terms causes substantial harm to Dacr, including direct financial losses, payment processor penalties, increased processing rates, administrative costs, legal expenses, and reputational damage, and that the exact amount of such harm is difficult or impossible to calculate.
If you initiate a chargeback or payment dispute that Dacr determines, after a reasonable investigation and based on objective evidence (which may include checkout consent records, delivery confirmation, IP and device logs, account history, and the circumstances of the dispute), was filed in bad faith or in violation of these Terms, you agree to pay Dacr liquidated damages of one thousand United States dollars ($1,000.00) per chargeback or dispute, in addition to: (a) the full original transaction amount; (b) all chargeback fees, network fees, processor fees, and bank fees; (c) all investigation and defense costs; (d) all collection costs, court costs, and reasonable attorneys' fees; and (e) interest on all amounts at the rate in Section 15.
You acknowledge this amount is a reasonable estimate of minimum harm and is not a penalty. In jurisdictions where liquidated damages clauses in consumer contracts are prohibited, limited, or subject to judicial review as to reasonableness (including under the EU Unfair Contract Terms Directive, the UK Consumer Rights Act 2015, or similar consumer protection law), this Section shall be enforceable to the maximum extent permitted by mandatory applicable law, and any unenforceable portion shall be modified to the minimum extent necessary to make it enforceable.
17.Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES, OFFICIAL REGISTRY SERVICES, IMMUTABLE SYSTEMS, CONTENT, OUTPUTS, CERTIFICATES, RECORDS, PAYMENTS, AND ALL RELATED MATERIALS ARE PROVIDED "AS IS," "AS AVAILABLE," "WITH ALL FAULTS," AND WITHOUT WARRANTIES OF ANY KIND. DACR DISCLAIMS ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, COMPLETENESS, SECURITY, RELIABILITY, AVAILABILITY, ERROR-FREE OPERATION, AND ANY WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR ACHIEVE ANY PARTICULAR LEGAL, REGULATORY, COMMERCIAL, OR EVIDENTIARY RESULT. DACR DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT ANY FILE OR RECORD WILL BE RETAINED, THAT ANY GOVERNMENT OR THIRD PARTY WILL ACCEPT ANY SUBMISSION, OR THAT ANY INFORMATION WILL BE DELETABLE, CORRECTABLE, OR PORTABLE ONCE PROCESSED.
THE FOREGOING DOES NOT AFFECT WARRANTIES THAT CANNOT BE EXCLUDED UNDER MANDATORY APPLICABLE LAW.
NO SERVICE LEVEL AGREEMENT; NO UPTIME GUARANTEE. Unless Dacr has entered into a Separate Agreement (as defined in Section 38.3) that expressly includes a service level agreement ("SLA") with specific uptime commitments, Dacr does not guarantee any particular level of availability, uptime, response time, throughput, processing speed, or performance for the Services. The Services may be temporarily unavailable due to scheduled maintenance, unscheduled maintenance, system failures, cyberattacks, infrastructure outages, blockchain network congestion, third-party service provider failures, force majeure events, or any other cause. Dacr shall not be liable for any downtime, service interruption, delay, data inaccessibility, or performance degradation, including any impact on filing deadlines, priority dates, registration timing, transaction processing, or any other time-sensitive activity. You are solely responsible for maintaining your own backup plans and alternative processes for time-sensitive activities.
18.Limitation of Liability
(a) EXCLUSION OF INDIRECT DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE DACR PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA, CONTENT, OPPORTUNITY, REPUTATION, OR EXPECTED SAVINGS, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY, STATUTE, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY.
(b) AGGREGATE CAP. THE TOTAL AGGREGATE LIABILITY OF THE DACR PARTIES FOR ALL CLAIMS SHALL NOT EXCEED THE LESSER OF: (I) THE AMOUNTS PAID BY YOU TO DACR FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS PRECEDING THE EVENT; OR (II) ONE HUNDRED UNITED STATES DOLLARS (US $100.00).
(c) BASIS OF THE BARGAIN. THESE LIMITATIONS FORM AN ESSENTIAL BASIS OF THE BARGAIN. DACR WOULD NOT PROVIDE THE SERVICES ABSENT SUCH LIMITATIONS.
(d) EXCEPTIONS. THESE LIMITATIONS DO NOT LIMIT LIABILITY FOR FRAUD OR INTENTIONAL MISCONDUCT BY DACR, OR LIABILITY THAT CANNOT BE EXCLUDED UNDER MANDATORY LAW.
(e) TIME LIMITATION. ANY CLAIM MUST BE FILED WITHIN ONE (1) YEAR AFTER IT AROSE OR IS PERMANENTLY BARRED.
(f) MANDATORY LAW. The protections in Sections 17 through 20 are intended to be enforced to their fullest extent. These protections shall remain in full force and effect unless and until a court, arbitrator, or tribunal of competent jurisdiction makes a final determination that a specific right or remedy asserted by you is non- waivable under mandatory applicable law in the relevant jurisdiction. In such event, the affected provision shall be modified solely to the extent necessary to comply with such determination, and all other provisions shall remain fully enforceable. The burden of establishing that any right is non-waivable rests with the party asserting it.
19.Indemnification
To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless the Dacr Parties from all claims, demands, actions, proceedings, damages, judgments, liabilities, losses, fines, penalties, taxes, interest, costs, and expenses (including reasonable attorneys' fees) ("Claims") arising from: (a) your use of the Services; (b) your User Content or Feedback; (c) your violation of these Terms; (d) your violation of any law; (e) your infringement of any rights; (f) any Transaction; (g) your use of Government Registration Services; (h) any chargeback or payment dispute; (i) any tax liability; (j) breach of Section 4 (Warranty of Originality); (k) any Claim by a government arising from your use of the Services; (l) your conduct as an Authorized Representative; and (m) your conduct in connection with the Services.
Dacr may assume exclusive defense and control of any Claim at its option, and you will cooperate fully at your expense.
20. Release; Covenant Not to Sue; Personal Liability Shield; Heightened Claim Requirements
20.1General Release
To the maximum extent permitted by law, you release the Dacr Parties from all claims, demands, and damages, known and unknown, arising from: (a) disputes between Users; (b) acts or omissions of third parties, governments, and governmental authorities; (c) the Permanent Evidence Layer; (d) any Transaction; (e) Government Registration Services; (f) any Match Alert or Analysis Report; (g) any Educational Content; and (h) the loss, delay, corruption, non-acceptance, non-recognition, or non-deletion of any record, filing, payment, or content.
If you are a California resident, you waive California Civil Code Section 1542 and any comparable law providing that a general release does not extend to unknown claims. If you reside in any other jurisdiction with a similar statute, you waive its benefits to the fullest extent permitted.
20.2Covenant Not to Sue
You covenant and agree that you will not bring, file, commence, participate in, or maintain any action, suit, claim, proceeding, or demand of any kind (in any court, tribunal, arbitration, administrative body, or other forum, in any jurisdiction) against any individual Dacr Party (including without limitation any officer, director, shareholder, member, manager, partner, principal, owner, founder, investor, employee, agent, representative, attorney, advisor, consultant, or contractor of Dacr) in their personal or individual capacity, arising from or related to the Services, these Terms, your User Content, any Transaction, any Government Registration Service, any Analysis Report, any Match Alert, any Educational Content, or any other aspect of your relationship with Dacr.
Any Claim you may have shall be brought solely against Dacr Inc. as a corporate entity and shall be subject to all limitations, disclaimers, caps, waivers, arbitration requirements, and other protections set forth in these Terms. If you breach this covenant by filing a Claim against any individual Dacr Party, you agree to: (a) immediately dismiss such Claim with prejudice upon demand; (b) indemnify the targeted individual for all attorneys' fees, costs, and expenses incurred in defending against the Claim; and (c) pay Dacr's reasonable attorneys' fees and costs incurred in enforcing this covenant.
20.3Personal Liability Shield
You expressly acknowledge and agree that the individual officers, directors, shareholders, members, managers, partners, principals, owners, founders, investors, employees, agents, representatives, attorneys, advisors, consultants, and contractors of Dacr shall have no personal liability to you of any kind in connection with the Services or these Terms, whether in contract, tort, strict liability, or otherwise. This protection applies regardless of any theory of alter ego, veil piercing, single enterprise, or similar doctrine, to the maximum extent permitted by applicable law.
20.4Heightened Requirements for Fraud or Misconduct Claims
If you assert allegations of fraud, intentional misconduct, willful malfeasance, or similar heightened claims (collectively, "Heightened Claims") against Dacr or any Dacr Party, the following requirements apply:
(a) Specificity Requirement. Before filing or asserting any Heightened Claim against Dacr or any Dacr Party, you must set forth (in your initial arbitration demand, complaint, or other initiating filing) specific, detailed factual allegations (not conclusory legal labels) identifying: (i) the specific individual(s) alleged to have engaged in the conduct; (ii) the specific conduct alleged to constitute fraud or misconduct; (iii) the specific date(s), communication(s), or action(s) at issue; (iv) the specific harm suffered as a direct result; and (v) the specific factual basis for believing the conduct was intentional rather than negligent, inadvertent, or the result of a technical error. Conclusory allegations such as "Dacr committed fraud" or "Dacr acted in bad faith" without the supporting specificity required by this Section are insufficient and may be dismissed.
(b) Good-Faith Certification. By filing any Heightened Claim, you certify under penalty of perjury that: (i) you have conducted a reasonable pre-filing investigation; (ii) the factual allegations supporting the Heightened Claim are true and accurate to the best of your knowledge; (iii) the Heightened Claim is not being asserted for an improper purpose, including harassment, delay, increasing settlement leverage, or circumventing the limitations of liability and personal liability protections in these Terms; and (iv) you have a good-faith factual basis for asserting that the conduct was intentional rather than the result of error, omission, or negligence.
(c) Fee-Shifting for Unsubstantiated Heightened Claims. If you assert a Heightened Claim against any Dacr Party and the arbitrator, court, or tribunal determines that the Heightened Claim was not supported by the specific factual allegations required under Section 20.4(a), or that the Heightened Claim was asserted without the good-faith basis required under Section 20.4(b), you agree to pay all of the Dacr Parties' reasonable attorneys' fees, expert fees, costs, and expenses incurred in defending against the Heightened Claim, in addition to any other remedies available to the Dacr Parties under these Terms or applicable law.
(d) Limitation of Liability Still Applies Pending Adjudication. Until a Heightened Claim is finally adjudicated on the merits by an arbitrator or court of competent jurisdiction and a final, non- appealable determination is made that the Dacr Party engaged in actual fraud or intentional misconduct, all limitations of liability, damage caps, and other protections in these Terms shall remain in full force and effect. The mere assertion or allegation of a Heightened Claim does not, by itself, remove or modify any protection in these Terms.
(e) Heightened Claims Against Individuals. A Heightened Claim against an individual Dacr Party may proceed only if: (i) the Claim satisfies all requirements of this Section 20.4; (ii) the Claim is brought in the arbitration forum specified in Section 22 (not in court, except as expressly permitted by Section 22); and (iii) the individual Dacr Party is given no fewer than sixty (60) days' written notice and opportunity to respond before any filing. If the Heightened Claim is ultimately found to be without merit, you agree to pay the individual's reasonable attorneys' fees and costs in full.
20.5Exclusive Remedy; No Damages Beyond Cap
Your sole and exclusive remedy for any Claim of any kind arising from or related to the Services, these Terms, or your relationship with Dacr (regardless of the legal theory, including contract, tort, negligence, strict liability, statutory claims, or otherwise) is limited to the remedies expressly set forth in these Terms, subject to the limitations of liability in Section 18 (including the aggregate damages cap of the lesser of amounts paid in the twelve months preceding the Claim or $100).
You agree that you will not seek, and you waive any right to seek, any remedy beyond the amounts permitted by Section 18, including but not limited to punitive damages, exemplary damages, treble damages, disgorgement, injunctive relief (except as expressly permitted in Section 22), or any other form of relief that exceeds the aggregate liability cap (in any forum, under any theory, and under the law of any jurisdiction) to the fullest extent such waiver is permitted by applicable law.
20.6Waiver of Right to Seek Veil Piercing
You agree that you will not assert, pursue, or join any claim, theory, or cause of action (whether characterized as alter ego, veil piercing, instrumentality, single enterprise, agency, joint liability, conspiracy, aiding and abetting, or any other theory) that seeks to impose personal liability on any individual Dacr Party for obligations or liabilities of Dacr Inc., to the maximum extent such waiver is enforceable under applicable law. You acknowledge that Dacr Inc. is a separate legal entity from its officers, directors, shareholders, and other individuals, and you agree to respect the corporate form.
20.7Third-Party Beneficiary Rights
Each Dacr Party is an express intended third-party beneficiary of this Section 20 and of all disclaimers, limitations of liability, releases, indemnifications, covenants not to sue, and protective provisions throughout these Terms. Each Dacr Party has the independent right to enforce such provisions directly against you, without requiring Dacr Inc. to be a party to the enforcement action.
21. No Fiduciary Duty; No Agency; No Duty to Monitor or Advise
Nothing in these Terms creates any fiduciary duty, agency, partnership, joint venture, employment, or franchise relationship between you and Dacr. Dacr is a technology service provider. Dacr owes no fiduciary duties to you.
No Duty to Monitor. Dacr has no obligation to proactively monitor the internet, third-party platforms, or any other source for potential infringement of your works beyond the capabilities of the automated monitoring features described in Section 3.11 (which are provided "AS IS" with no guarantee of completeness). You are solely responsible for monitoring, identifying, and pursuing infringement of your intellectual property rights. Dacr's AI Analysis Features are tools to assist you, not a substitute for your own vigilance or professional legal counsel.
No Duty to Advise. Dacr has no obligation to advise you on whether to pursue a potential infringement claim, how to interpret an Analysis Report, whether your registration provides adequate protection, what legal strategy to employ, or any other legal, business, or strategic matter. Dacr is not your attorney, advisor, or fiduciary.
No Duty to Act in Your Best Interest. Dacr is a commercial service provider, not a fiduciary. Dacr may make business decisions (including decisions about pricing, features, partnerships, technology, and operations) that are in Dacr's commercial interest and that may not align with your individual preferences or interests. You have no claim against Dacr for making business decisions that are adverse to your interests.
No Duty to Ensure Your Compliance. Dacr does not monitor, verify, or ensure your compliance with any law, regulation, contractual obligation, or third-party right. You are solely responsible for your own legal compliance in all jurisdictions.
22.Dispute Resolution; Binding Arbitration
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
22.1 Informal Resolution. Before initiating formal proceedings, you agree to attempt informal resolution by sending a Notice to Dacr at legal@dacr.com or by certified mail to: Yosef B. Shwedel, 20801 Biscayne Blvd., Suite 506, Aventura, Florida 33180. The Notice must include your name, address, email, phone, description of the Dispute, and relief sought. If unresolved within thirty (30) days, either party may proceed to arbitration.
22.2 Binding Arbitration. Any Dispute that cannot be resolved informally shall be resolved exclusively through binding arbitration, except: (a) small claims court disputes; and (b) claims for injunctive relief for unauthorized use of intellectual property or collection of amounts owed.
22.3 Arbitration shall be administered by JAMS under its applicable rules. The seat of arbitration shall be Miami-Dade County, Florida. However, to ensure that access to arbitration is not precluded by location, any party may elect to participate by telephone or video conference rather than in person, regardless of the amount in dispute. To the extent that the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards requires that arbitration be conducted in a location reasonably convenient to the consumer, Dacr shall comply with those standards.
22.4 CLASS ACTION WAIVER. YOU AND DACR AGREE THAT EACH MAY BRING CLAIMS ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, MASS, OR REPRESENTATIVE ACTION. THIS WAIVER APPLIES TO ALL DISPUTES.
22.5 JURY TRIAL WAIVER. YOU AND DACR IRREVOCABLY WAIVE THE RIGHT TO A TRIAL BY JURY.
22.6 Mass Arbitration. If twenty-five (25) or more similar claims are filed by or with the assistance of the same law firm or coordinated law firms, you and Dacr agree that such claims are subject to batch or bellwether procedures intended to promote efficient resolution, and the arbitrator or administrator may defer or stage the claims accordingly.
22.7 In any action or arbitration, the prevailing party shall recover reasonable attorneys' fees, costs, and expenses. Notwithstanding the foregoing, the allocation of arbitration fees, costs, and expenses in consumer arbitrations shall be subject to the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness (the "JAMS Consumer Minimum Standards") and any mandatory applicable law. To the extent the JAMS Consumer Minimum Standards or mandatory law require Dacr to bear a greater share of arbitration costs than otherwise provided herein, Dacr shall comply.
22.8 Any Dispute must be filed within one (1) year after it arose or is permanently barred.
22.9 You may opt out of arbitration within thirty (30) days of first accepting these Terms by sending notice to legal@dacr.com. All arbitration proceedings and awards are confidential.
22.10 Injunctive Relief. Notwithstanding this arbitration agreement, either party may seek temporary or preliminary injunctive relief, specific performance, or other equitable relief in any court of competent jurisdiction to prevent irreparable harm, including but not limited to: (a) unauthorized use, disclosure, or misappropriation of intellectual property, confidential information, or trade secrets; (b) violation of the confidentiality provisions in Section 45; (c) unauthorized access to or scraping of the Services, databases, or registry systems; (d) breach of Sections 6 (Prohibited Conduct), 7.4 (Competition Restriction), or 8 (Trademarks); or (e) any action that threatens the integrity of the Permanent Evidence Layer or registry systems. The party seeking injunctive relief shall not be required to post a bond or other security, or to prove actual damages, as a condition to obtaining such relief, to the maximum extent permitted by applicable law. The exercise of the right to seek injunctive relief shall not constitute a waiver of the right to pursue any other remedy through arbitration or otherwise.
23. Governing Law and Venue; Collection Jurisdiction
These Terms are governed by the laws of the State of Florida and applicable U.S. federal law, without regard to conflict-of-law principles. The CISG is expressly excluded. For matters not subject to arbitration, the exclusive courts are in Miami-Dade County, Florida. For international Users, you consent to Florida jurisdiction and waive any inconvenient- forum objection.
Collection Actions. Notwithstanding the above, Dacr may bring collection actions in any court of competent jurisdiction, including courts in your jurisdiction of residence and courts where your assets are located. You consent to jurisdiction for collection purposes and waive all objections.
24. Identity Verification; KYC/AML Compliance
Dacr may require identity verification, business verification, beneficial- owner verification, tax documentation, sanctions screening, source-of- funds information, proof of authority, age verification, liveness checks, or other diligence at any time. Failure to comply may result in account suspension, termination, withholding of payments, and/or reporting to authorities.
Third-Party Verification Providers; Biometric Data. Identity verification may be performed by third-party verification providers engaged by Dacr or by governmental authorities in Partner Jurisdictions. Where verification involves facial images, liveness checks, or other biometric identifiers, you consent to the collection, processing, retention, and verification of such data by Dacr and its verification providers for identity-verification, fraud-prevention, and compliance purposes, as described in the Privacy Policy. Verification providers process your data under their own terms and privacy policies with respect to their independent obligations. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (a) Dacr does not guarantee the accuracy, availability, timeliness, or outcome of any verification process; (b) Dacr is not liable for the acts, omissions, errors, delays, data practices, or security of any third-party verification provider; (c) Dacr is not liable for any denial, delay, suspension, or limitation of the Services resulting from a failed, incomplete, or inconclusive verification; and (d) you represent and warrant that all identification documents and information you submit are genuine, accurate, current, and belong to you. Submitting falsified, altered, or another person's identification is a material breach of these Terms and may be unlawful.
Identity verification, and any features of the Services that require completed identity verification, are available only to users who are at least eighteen (18) years old.
You represent that all funds used are from legitimate sources and that your use of the Services does not facilitate money laundering, terrorist financing, fraud, or any illegal activity. Dacr may monitor transactions, make reports or referrals to regulated payment providers, processors, banks, regulators, or law enforcement, support Suspicious Activity Report (SAR) filings where applicable through regulated entities, freeze funds, and take any action required by law, without notice and without liability.
25.Anti-Corruption; FCPA; UK Bribery Act
You represent, warrant, and covenant that you will comply with all applicable anti-bribery and anti-corruption laws, including the U.S. Foreign Corrupt Practices Act (FCPA), the UK Bribery Act 2010, and all applicable local anti-corruption laws in any Partner Jurisdiction.
You will not, directly or indirectly, offer, promise, pay, authorize, or give anything of value to any government official, political party, or candidate for the purpose of influencing any official act, securing any improper advantage, or inducing any person to act in violation of their lawful duty.
Violation constitutes a material breach and may result in immediate termination without notice or refund, and Dacr may report such violations to applicable authorities.
26. International Use; Export Controls; Sanctions
The Services are controlled from the United States. Dacr makes no representation that the Services are lawful or appropriate in every location. You represent that: (a) you are not located in, organized under the laws of, or a resident of any country or territory that is the subject of comprehensive U.S. sanctions or embargoes; (b) you are not on any U.S. government restricted-party list (including the SDN List, Entity List, or Denied Persons List); (c) you are not owned or controlled by any such person or entity; and (d) you will not use the Services in violation of any applicable export control, sanctions, trade restriction, or anti-money laundering law. The specific countries and regions subject to sanctions change over time; you are solely responsible for determining whether your jurisdiction is subject to restrictions under applicable law.
27. Transfer and Processing of Data; Jurisdictional Risk
27.1Data Transfers
By using the Services, you consent to the collection, processing, transfer, and storage of your data in the United States and other countries. Blockchain and distributed ledger networks are decentralized and global: data may be replicated across nodes in multiple jurisdictions. Data may also be transferred to government authorities in Partner Jurisdictions.
27.2Permanent Storage Reaffirmation
You reaffirm your understanding and acceptance (Section 3.3) that certain data will be permanently stored on the Permanent Evidence Layer, that Dacr may be technically unable to delete, modify, or erase it, and that you have made an informed decision to use the Services with full knowledge of this permanence. Where deletion is not technically feasible, Dacr will take reasonable steps within its control as described in Section 27.6, but cannot guarantee the removal of data from all systems.
27.3Jurisdictional Risk Acknowledgment and Assumption of Risk
IMPORTANT: PLEASE READ CAREFULLY. The Services are designed with a permanent, immutable data architecture that is fundamental to their purpose and value. This architecture may conflict with data protection, privacy, consumer protection, or other laws in certain jurisdictions, including but not limited to the European Union General Data Protection Regulation (GDPR), the United Kingdom GDPR, Brazil's LGPD, and other laws that provide rights to data deletion, erasure, rectification, or portability that the Services cannot technically honor with respect to data on the Permanent Evidence Layer.
BY USING THE SERVICES, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
(a) You have been clearly and conspicuously warned that the Services' architecture may be incompatible with the data protection, privacy, consumer protection, or other laws of your jurisdiction;
(b) If your local laws prohibit permanent data storage, require rights to deletion or erasure that the Services cannot honor, or otherwise conflict with the Services' architecture, YOU SHOULD NOT USE THE SERVICES;
(c) You have read and understood this warning, you accept the permanence of the data architecture described above, and you have made an informed decision to use the Services with full knowledge of the potential legal conflicts;
(d) You assume all risk arising from any conflict between the Services and the laws of your jurisdiction, to the extent permitted by applicable law;
(e) To the fullest extent permitted by applicable law, you release and hold harmless the Dacr Parties from any and all Claims, damages, or liabilities arising from or related to: (i) any conflict between the Services and the laws of your jurisdiction; (ii) any inability of Dacr to honor deletion, erasure, rectification, or portability requests due to the Permanent Evidence Layer; or (iii) any action taken against you in connection with your use of the Services in a jurisdiction whose laws conflict with the Services' architecture;
(f) To the extent that any regulatory authority, court, or governmental body imposes fines, penalties, or other liabilities on Dacr arising from data processed at your direction in connection with the Services, you agree (to the fullest extent permitted by applicable law) to indemnify and reimburse Dacr for such fines, penalties, and costs, including but not limited to those directly attributable to your individual use of the Services after receiving the warnings in this Section. This indemnity is a contractual obligation between you and Dacr and does not purport to limit, override, or affect the independent authority of any regulator to take action against Dacr; and
(g) Dacr has provided this warning in good faith to inform you of the potential legal conflicts associated with the Services' architecture. Nothing in this Section constitutes legal advice or a determination regarding the compatibility of the Services with the laws of any particular jurisdiction.
27.4Independent Legal Bases for Permanent Data Retention
Dacr does not rely solely on your consent for the permanent retention of data on the Permanent Evidence Layer. Dacr's primary legal bases for such retention (which operate independently of your consent and remain valid even if your consent is withdrawn, invalidated, or found to be insufficient under any applicable law) include the following:
(a) Under GDPR Article 17(3), the right to erasure does not apply where processing is necessary for certain purposes. Dacr relies on the following exceptions:
(i) Article 17(3)(e): Establishment, exercise, or defense of legal claims. Copyright registration records serve as evidentiary proof of ownership, priority, and provenance in legal proceedings. The deletion of such records would undermine the legal rights of the registrant and the integrity of the registry.
(ii) Article 17(3)(b): Compliance with a legal obligation under Union or Member State law. To the extent Dacr is subject to a legal obligation under Union or Member State law that requires the retention of specific data, Dacr relies on this exception. In Partner Jurisdictions, the applicable national legislation and governmental agreements may independently impose legal obligations on Dacr to maintain registration records.
Dacr acknowledges that the applicability of Article 17(3) exceptions depends on a case-by-case assessment, and that these exceptions do not authorize the retention of personal data beyond what is necessary for the specific purposes described above.
(b) Under Brazil's LGPD, retention after termination of processing is authorized under Article 16 where necessary for: (i) compliance with a legal or regulatory obligation of the controller (Article 16(I)); and (ii) exclusive use by the controller, provided the data is anonymized and not accessible by third parties (Article 16(IV)). Article 7(VI) of the LGPD independently provides a lawful basis for processing personal data for the regular exercise of rights in judicial, administrative, or arbitration proceedings.
(c) Under equivalent provisions of other applicable data protection laws, Dacr relies on analogous exceptions for legal compliance, public interest, and the exercise or defense of legal claims to the extent such exceptions are available.
These legal bases exist independently of your consent. If any court, regulator, or authority determines that your consent under these Terms is insufficient, invalid, or improperly obtained, Dacr's retention of data on the Permanent Evidence Layer is independently justified under the legal bases described above.
27.5Data on the Permanent Evidence Layer
The Services write data to the Permanent Evidence Layer (which includes blockchain systems, distributed ledger networks, and Dacr's own append- only infrastructure) as an inherent and intentional part of the copyright registration and evidence-preservation process. Some of this data may contain or be linked to personal data. The types of data stored, the systems on which they are stored, and the extent to which they can be modified or deleted vary depending on the nature of the data and the technical constraints of the relevant system. Dacr does not guarantee that all data stored on or associated with the Permanent Evidence Layer is non- personal under every law or in every jurisdiction. This architecture is necessary to fulfill the core function of the Services: creating permanent, verifiable proof of copyright ownership and provenance.
27.6Dacr's Position on Deletion Requests
Where a deletion, erasure, or rectification request is made under any applicable law, Dacr will take reasonable steps within its control to comply with the request to the extent technically feasible without compromising the integrity and intended function of the Permanent Evidence Layer and the Services. This may include deleting data from certain systems, suppressing or restricting access to data in others, or ceasing active processing, but the specific measures available will depend on where and how the data is stored. Certain data may remain on the Permanent Evidence Layer, third-party systems, or append-only infrastructure that Dacr cannot modify. Dacr will inform you of any data that cannot be deleted and the basis for continued retention. Dacr's inability to delete data from any system due to technical constraints is not a violation of these Terms and is not a basis for any Claim against Dacr.
27.7Regulatory Cooperation
Dacr will cooperate in good faith with any data protection authority, regulator, or governmental body that inquires about Dacr's data practices. Dacr's position is that its permanent data architecture is justified under applicable law as described in Section 27.4, and that Dacr has taken reasonable steps to warn users and to limit the visibility and further use of personal data where deletion is not technically feasible. However, Dacr will not alter, manipulate, tamper with, or remove data from the Permanent Evidence Layer or its append-only infrastructure where doing so would compromise the integrity, reliability, or evidentiary value of the registration records, copyright evidence, or other data on which users, governments, courts, and third parties rely. The preservation of data integrity is essential to the core function of the Services and to the legal rights of all users and stakeholders who depend on the trustworthiness of the system. Dacr reserves all rights to challenge, appeal, or contest any regulatory determination.
27.8Tracking Technologies; Advertising Technologies; Analytics
The Services use cookies, tracking pixels, web beacons, software development kits (SDKs), analytics tools, advertising technologies, session recording tools, and similar technologies (collectively, "Tracking Technologies") provided by Dacr and by third- party providers, which may include but are not limited to Meta (Facebook/Instagram), Google (including Google Analytics, Google Ads, and YouTube), X (formerly Twitter), LinkedIn, Snap, TikTok, Microsoft (including Bing and Clarity), and other advertising, analytics, and social media platforms.
Dacr's use of Tracking Technologies is further described in the Dacr Cookie Policy, available at www.dacr.com/legal/cookies, which forms part of, and is incorporated by reference into, these Terms and the Privacy Policy.
Essential Tracking Technologies. By accessing or using the Services, you acknowledge that certain Tracking Technologies are strictly necessary for the operation of the Services (including authentication, security, fraud prevention, session management, and load balancing) and are deployed without separate consent, as permitted by applicable law. These Essential Tracking Technologies cannot be disabled without impairing the core functionality of the Services.
Non-Essential Tracking Technologies. Where required by applicable law, Dacr will obtain your affirmative consent before deploying non-essential Tracking Technologies, including performance/analytics, functionality, and advertising/targeting technologies. Non-essential Tracking Technologies may:
(a) Collect, record, transmit, and process data about your interactions with the Services, including pages visited, features used, clicks, scrolls, session duration, IP address, device identifiers, browser information, geolocation data, referral sources, and conversion events;
(b) Transmit such data to third-party Tracking Technology providers' servers for purposes of analytics, advertising, retargeting, audience building, conversion tracking, and service optimization;
(c) Enable targeted advertising, cross-context behavioral advertising, interest-based advertising, lookalike audience creation, and ad measurement, on the Services and on third-party platforms;
(d) Result in you seeing advertisements related to the Services on third- party platforms after visiting or interacting with the Services; and
(e) Operate under third-party providers' own terms of service and privacy policies, which Dacr does not control.
You may manage your non-essential Tracking Technology preferences through: (i) any cookie consent mechanism provided through the Services; (ii) your browser settings; (iii) the Global Privacy Control (GPC) signal; or (iv) the opt-out tools described in the Privacy Policy. Disabling non-essential Tracking Technologies will not prevent you from accessing core features of the Services.
CIPA All-Party Consent. To the extent you consent to non- essential Tracking Technologies (whether through a cookie consent mechanism, by adjusting your browser or device settings to permit such technologies, or by other affirmative means), such consent constitutes prior, informed, all-party consent to the electronic communications contemplated by such Tracking Technologies, for all purposes under applicable federal and state law, including the California Invasion of Privacy Act (CIPA).
27.9 California-Specific Provisions; CIPA Consent; CCPA/CPRA Disclosures
This Section applies to Users who are residents of the State of California.
(a) Consent Under the California Invasion of Privacy Act (CIPA). To the extent you consent to non-essential Tracking Technologies through any consent mechanism described in Section 27.8 or the Privacy Policy, such consent includes express, informed consent (as a party to and participant in all electronic communications occurring through the Services) to: (i) the recording, monitoring, interception, collection, and transmission of data arising from your use of the Services by Dacr and by third-party Tracking Technology providers as described in Section 27.8; (ii) the use of all consented-to Tracking Technologies, including but not limited to the Meta Pixel, Google Analytics, TikTok Pixel, Microsoft tracking technologies, and any other analytics, advertising, or session recording technologies; and (iii) the transmission of data to third-party servers as part of the operation of such Tracking Technologies. This consent is given to all parties to the communications within the meaning of California Penal Code Sections 631 and 632 and constitutes all-party consent sufficient to negate any claim of unauthorized interception, recording, wiretapping, eavesdropping, or use of a pen register or trap and trace device under CIPA or any other California privacy statute. Essential Tracking Technologies described in Section 27.8 operate under the strictly-necessary exception and do not require separate CIPA consent.
(b) Waiver of CIPA Claims. To the fullest extent permitted by applicable law, you waive, release, and forever discharge the Dacr Parties from any and all claims, demands, actions, causes of action, damages, penalties, and liabilities of any kind arising under or related to the California Invasion of Privacy Act (California Penal Code Sections 630-638.55), the California Consumer Data Access and Fraud Act (California Penal Code Section 502), the California Constitution Article I Section 1 (right to privacy), and any other California statute, regulation, or common-law theory related to the collection, recording, interception, transmission, use, or disclosure of data through Tracking Technologies as described in these Terms and the Privacy Policy. This waiver includes but is not limited to claims based on: (i) the use of the Meta Pixel or any other advertising pixel; (ii) the use of analytics tools such as Google Analytics; (iii) the use of session recording or replay technologies; (iv) the use of chatbot or customer-support technologies; (v) the transmission of data to third-party advertising networks; and (vi) the receipt of targeted advertisements on third-party platforms following your use of the Services.
(c) CCPA/CPRA Disclosures. Under the California Consumer Privacy Act as amended by the California Privacy Rights Act (collectively, "CCPA/CPRA"): (i) Dacr does not "sell" personal information as defined by the CCPA/CPRA; (ii) Dacr may "share" personal information (as defined by the CCPA/CPRA) with third-party advertising partners for cross-context behavioral advertising purposes; (iii) you may opt out of such sharing by emailing legal@dacr.com with the subject line "Do Not Share" or by using any opt-out mechanism provided through the Services; (iv) Dacr honors Global Privacy Control (GPC) signals as a valid opt-out of sale/sharing to the extent required by law; and (v) Dacr will not discriminate against you for exercising your CCPA/CPRA rights.
(d) Fee-Shifting for Frivolous California Privacy Claims. If you are a California resident and you file a claim, demand, arbitration, or lawsuit against any Dacr Party alleging a violation of CIPA, CDAFA, or any other California privacy statute arising from Tracking Technologies described in these Terms, and the arbitrator or court determines that the claim was without merit (including because consent was given under Section 27.8 and 27.9(a)), you agree to pay all of the Dacr Parties' reasonable attorneys' fees, costs, and expenses incurred in defending against the claim, to the maximum extent permitted by applicable law.
(e) Indemnification for California Privacy Claims. You agree to indemnify, defend, and hold harmless the Dacr Parties from any and all Claims, demands, fines, penalties, settlements, damages, costs, and expenses (including reasonable attorneys' fees) arising from or related to any third-party claim alleging that Dacr's use of Tracking Technologies in connection with your use of the Services violated any California or other state privacy, wiretapping, eavesdropping, or data- protection statute.
28.Force Majeure
Dacr shall not be liable for delay or failure caused by events beyond its reasonable control, including acts of God, natural disasters, epidemics, pandemics, war, terrorism, riots, government actions, sanctions, embargoes, strikes, labor disputes, fire, flood, earthquake, hurricane, power outages, internet disruptions, cyberattacks, DDoS attacks, blockchain network failures or congestion, smart contract failures, changes in law, acts of governmental authorities in Partner Jurisdictions, payment-network actions, and any other event beyond Dacr's reasonable control. Dacr's obligations are suspended for the duration of any such event.
29. Electronic Communications; E-SIGN Consent; TCPA Consent
By using the Services, you consent to receive all communications electronically. You agree that electronic communications satisfy any legal requirement that communications be in writing, including under the Electronic Signatures in Global and National Commerce Act (E-SIGN Act), the Uniform Electronic Transactions Act (UETA), and any applicable state or international law.
Your electronic acceptance of these Terms constitutes your electronic signature with the same legal force as a handwritten signature.
You may not opt out of transactional, administrative, or legal communications, including billing, collection, and legal process notices.
SMS/Text Message Consent. By providing your mobile phone number to Dacr and using the Services, you expressly consent to receive text messages (SMS and MMS) from Dacr and its service providers at the mobile phone number you provide, including messages sent using an automatic telephone dialing system or prerecorded/artificial voice, for purposes including: account notifications, transaction confirmations, security alerts, billing reminders, collection notices, marketing and promotional messages, and event notifications. Message frequency varies. Message and data rates may apply. You may opt out of marketing text messages at any time by replying STOP to any message or by adjusting your notification settings. Opting out of marketing texts does not opt you out of transactional, security, billing, or collection messages, which you cannot opt out of while your account is active or has an outstanding balance. Your consent to receive text messages is not a condition of purchasing any Services, but certain features may require SMS delivery for security purposes (such as two-factor authentication).
Telephone Communications. By providing your phone number, you consent to receive calls from Dacr and its service providers, including calls made using an automatic telephone dialing system or prerecorded voice, for purposes including account servicing, billing, collections, fraud prevention, and security alerts. You may receive calls at any number you provide to Dacr, including mobile numbers.
30.Right to Audit
Dacr reserves the right to audit, review, and investigate your use of the Services, User Content, and account activity at any time, with or without notice, to ensure compliance with these Terms, applicable law, and government requirements. You agree to cooperate fully. Failure to cooperate may result in account suspension or termination.
31. Third-Party Content; Government Authorities; External Systems
The Services may interact with, depend on, or integrate with third-party platforms, cloud providers, blockchain networks, distributed ledgers, wallets, app stores, payment providers and processors, analytics providers, advertising networks, identity verification services, governmental portals, registry offices, courts, collecting societies, or other external systems (collectively, "External Systems").
Dacr does not control and is not responsible for External Systems, including their availability, uptime, security, performance, legality, pricing, decisions, data accuracy, refusals, outages, failures, reversals, policy changes, terms of service, or data practices. If an External System experiences an outage, error, or failure that affects the Services, Dacr shall not be liable for any resulting delay, interruption, data loss, or inability to process registrations, transactions, or other actions.
Certain External Systems (including payment processors, blockchain networks, and cloud providers) may have their own terms of service, acceptable use policies, and privacy practices. You are solely responsible for reviewing and complying with the terms of any External System you interact with through the Services. Dacr is not a party to any agreement between you and any External System provider.
Dacr may share information with External Systems as described in the Privacy Policy or as reasonably necessary to provide the Services, comply with law, prevent fraud, enforce rights, or operate Official Registry Services.
Response to Legal Process. Dacr may access, preserve, and disclose your account information, User Content, registration data, transaction records, communications, IP addresses, device information, and any other data associated with your use of the Services if required to do so by law or if Dacr believes in good faith that such access, preservation, or disclosure is reasonably necessary to: (a) comply with a subpoena, court order, search warrant, regulatory demand, national security request, or other legal process served on Dacr; (b) enforce or investigate potential violations of these Terms; (c) respond to claims that any content violates the rights of third parties; (d) protect the rights, property, or personal safety of Dacr, the Dacr Parties, Users, or the public; or (e) cooperate with law enforcement, governmental authorities, or regulatory bodies. Dacr may comply with legal process without prior notice to you where legally permitted or where notice is impractical, and Dacr shall not be liable for any disclosure made in good faith in response to legal process. You agree to indemnify and hold harmless the Dacr Parties from any Claims arising from Dacr's good-faith response to legal process related to your account or your use of the Services, including any costs of compliance.
32. Beta, Experimental, and AI-Enabled Features
Dacr may offer beta, pilot, preview, alpha, experimental, AI-assisted, automated, early-access, or test features (collectively, "Beta Features"). Beta Features may be incomplete, inaccurate, unreliable, unavailable, withdrawn, or changed at any time and are provided strictly "AS IS" and "AS AVAILABLE" without warranties of any kind.
You use Beta Features at your own risk and should independently verify any outputs before relying on them. Dacr may terminate, suspend, modify, or discontinue any Beta Feature at any time without notice, without liability, and without any obligation to make the Beta Feature generally available.
Data you submit to or generate through Beta Features may be used by Dacr for development, testing, improvement, and training purposes, including training AI and machine-learning models. Beta Features may have different data-handling practices than generally available features. The limitations of liability in Section 18 apply to Beta Features.
Your participation in any beta program does not create any entitlement to access the Beta Feature in the future, receive compensation for your participation or feedback, or receive advance notice of changes to or discontinuation of the Beta Feature.
API Access. Dacr may make available application programming interfaces ("APIs"), webhooks, SDKs, developer tools, or other programmatic access methods that allow you to interact with the Services (collectively, the "Dacr API"). Your use of the Dacr API is subject to these Terms and any additional API-specific terms, documentation, rate limits, usage policies, and technical specifications that Dacr may publish or provide (collectively, "API Terms"). In the event of a conflict between these Terms and the API Terms, the API Terms shall control solely for the conflict. Dacr may, in its sole discretion and at any time without notice: (a) modify, deprecate, or discontinue any API endpoint, feature, or version; (b) impose or modify rate limits, authentication requirements, or usage quotas; (c) revoke or suspend your API access for any reason, including abuse, excessive usage, security concerns, or violation of these Terms or the API Terms; and (d) charge fees for API access or usage. You shall not: (i) use the Dacr API to build a product or service that competes with the Services; (ii) exceed documented rate limits or use the API in a manner that degrades the Services for other users; (iii) circumvent any authentication, security, or access control mechanism; (iv) redistribute, resell, or sublicense access to the Dacr API; or (v) use the Dacr API in any manner that violates these Terms, applicable law, or the rights of any third party. Dacr shall not be liable for any downtime, errors, changes, deprecation, or discontinuation of any Dacr API.
33. Modifying and Terminating Our Services
Dacr may modify, suspend, or discontinue any Services at any time, with or without notice, and without liability.
You may stop using the Services and request account deletion by emailing support@dacr.com, subject to: (a) payment of all outstanding balances; (b) data retention provisions in Section 3.3 and Section 27; and (c) obligations that survive termination.
Upon termination: (i) all licenses to you terminate immediately; (ii) you must cease all use; (iii) you remain liable for all accrued obligations; and (iv) data on the Permanent Evidence Layer remains permanently.
Registry Continuity; Technology Migration. To preserve the integrity, security, and longevity of registrations and the Permanent Evidence Layer, Dacr may migrate, re-anchor, re-hash, upgrade, or replicate records, systems, cryptographic algorithms, ledgers, or infrastructure, including in response to technological evolution, cryptographic weakness, network deprecation, or infrastructure changes. Such migration or upgrade does not affect the validity of any registration, and successor records maintain the evidentiary chain of the originals. In the event Dacr ceases to operate all or part of the Services: (a) records on the Permanent Evidence Layer persist in accordance with the architecture of the applicable systems; (b) in Partner Jurisdictions, the treatment, custody, and continuity of the national registry and its records are governed by the applicable governmental arrangement and the law of that jurisdiction; and (c) Dacr will provide such notice and transition measures as required by applicable law. Dacr has no obligation to maintain, host, or provide access to the Services beyond what mandatory law or an applicable governmental arrangement requires.
34.Assumption of Risk
You acknowledge and agree that your use of the Services involves inherent risks, and you voluntarily assume all such risks, including but not limited to:
(a) Technology Risks: Internet-based services, blockchain technology, distributed ledger systems, cryptographic protocols, and digital infrastructure may experience failures, outages, attacks, bugs, vulnerabilities, congestion, forks, protocol changes, or obsolescence. Dacr cannot guarantee the security, availability, permanence, or reliability of any technology, network, or system.
(b) Legal and Regulatory Risks: The legal recognition and enforceability of blockchain-based records, digital copyright registrations, and the Services' outputs varies by jurisdiction and may change over time. Laws, regulations, and judicial interpretations regarding intellectual property, data protection, blockchain technology, digital services, and related areas are evolving and uncertain. Copyright laws may be amended or repealed in any jurisdiction.
(c) Government and Political Risks: Government authorizations, PPP agreements, legislative mandates, and other governmental arrangements in Partner Jurisdictions may be revoked, amended, invalidated, suspended, or not renewed. Political instability, changes of government, civil unrest, sanctions, or expropriation in Partner Jurisdictions may affect the availability, legality, or value of Government Registration Services.
(d) Financial and Currency Risks: Currency fluctuations, changes in tax law, imposition of new taxes or levies, changes in government fee structures, and inflation may affect the cost or value of the Services.
(e) Data Risks: Data may be lost, corrupted, intercepted, hacked, or made inaccessible due to technical failures, cyberattacks, or other causes beyond Dacr's control. Data stored on the Permanent Evidence Layer may become inaccessible if the underlying network fails, is abandoned, or is superseded by new technology.
(f) Third-Party Risks: Third-party service providers, payment processors, cloud providers, blockchain networks, government authorities, and other parties on whom the Services depend may fail, become unavailable, change their terms, or act in ways that adversely affect the Services.
(g) Enforcement Risks: A copyright registration (whether through Dacr's platform or through any government registry) does not guarantee that your rights will be respected, that infringers will be deterred, or that you will prevail in any legal proceeding. Enforcement of intellectual property rights depends on many factors outside Dacr's control, including the laws of the relevant jurisdiction, the resources of the infringer, and the decisions of courts and tribunals.
(h) AI and Analysis Risks: AI Analysis Features and Analysis Reports may contain errors, false positives, false negatives, or misleading results. Decisions made based on AI outputs are your sole responsibility.
You assume all risks described above and all other risks associated with your use of the Services, whether or not specifically described herein.
35. Transactions with Other Users and Third Parties
35.1 The Services may permit you to license, assign, sell, purchase, transfer, or otherwise transact with other Users or third parties (each, a "Transaction" with a "Counterparty"). Unless Dacr states otherwise, Dacr is not a party to those contracts and is not responsible for counterparties' acts or omissions.
35.2 If you do not specify custom terms, the Transaction may be subject to Dacr's standard assignment or license agreement templates, as applicable, which Dacr may publish and update from time to time on the Services.
35.3 You are solely responsible for evaluating counterparties, negotiating terms, verifying rights, satisfying tax obligations, handling disputes, and complying with law. You agree to hold Dacr harmless from all Claims arising from any Transaction.
35.4 Dacr as Platform, Not Party. Dacr facilitates Transactions as a technology platform. Dacr is not a broker, agent, fiduciary, escrow agent, or marketplace operator with respect to Transactions unless Dacr expressly states otherwise for a specific program. Dacr does not verify, guarantee, or endorse the quality, legality, accuracy, or completeness of any work offered in a Transaction, or the identity, authority, creditworthiness, or solvency of any Counterparty. The decision to enter into a Transaction is yours alone.
35.5 Disputes Between Users. If a dispute arises between you and a Counterparty in connection with a Transaction, you agree to resolve the dispute directly with the Counterparty. Dacr is not obligated to mediate, arbitrate, or resolve disputes between Users. If Dacr elects to assist in dispute resolution, it does so at its sole discretion and without any obligation or liability. You release the Dacr Parties from all Claims arising from or related to disputes between Users or between you and any Counterparty.
35.6 Licensing, Royalty Collection, and Marketplace Services (When Available)
Dacr may, at its discretion, introduce features that enable licensing, sublicensing, royalty collection, royalty distribution, selling, purchasing, and other commercial exploitation of creative works through the Services (collectively, "Marketplace Services"). Marketplace Services may include, without limitation: account balances, holds, credits, deposits, withdrawals, escrow-like payment mechanics, royalty accounting, commission structures, and other financial features.
When Marketplace Services become available, the following terms apply in addition to all other provisions of these Terms:
(a) Marketplace Services will be subject to additional Supplemental Terms that Dacr will publish before launch. You must accept the Supplemental Terms before using Marketplace Services;
(b) Any account balance, credit, or deposit held by Dacr in connection with Marketplace Services is not a bank account, deposit account, or investment vehicle. Dacr is not a bank, money transmitter, or financial institution unless separately licensed as such. Account balances do not earn interest unless Dacr expressly states otherwise;
(c) If you authorize Dacr to collect royalties or other payments on your behalf, you appoint Dacr as your limited agent solely for the purpose of collecting and distributing such payments in accordance with the applicable Supplemental Terms. This agency is limited, revocable, and does not create a fiduciary relationship;
(d) Dacr may deduct its fees, commissions, taxes, and any amounts you owe Dacr under these Terms from any account balance, royalty payment, or distribution before disbursement to you;
(e) Dacr shall not be liable for the failure, refusal, or delay of any Counterparty or licensee to pay amounts owed in connection with a Transaction or license; and
(f) Dacr reserves the right to hold, freeze, or delay disbursement of funds if Dacr suspects fraud, a breach of these Terms, a chargeback risk, or if required by law or regulatory directive.
Until Dacr publishes the applicable Supplemental Terms for Marketplace Services, the provisions of this Section 35.6 serve as a framework and do not obligate Dacr to launch or maintain any Marketplace Services.
36. Membership Program; Member Cards; Benefits; Events
36.1Membership Program
Dacr may offer paid membership plans (the "Membership Program") that provide Members with access to benefits, features, discounts, events, digital and physical membership cards, published content, exclusive information, and other privileges as described on the Services (collectively, "Membership Benefits"). The specific Membership Benefits available to you depend on your membership tier and are subject to change at any time in Dacr's sole discretion.
By purchasing or enrolling in the Membership Program, you agree to all terms applicable to the Services generally under these Terms, plus the additional terms set forth in this Section 36.
36.2Membership Cards
Dacr may issue digital membership cards (for mobile wallets, digital wallets, or other digital storage) and, at Dacr's discretion, physical membership cards (collectively, "Member Cards") to Members in good standing.
Member Cards are: (a) for identification and access purposes only and are not credit cards, debit cards, prepaid cards, stored-value cards, gift cards, payment instruments, or financial instruments of any kind; (b) non- transferable and may only be used by the Member to whom they are issued; (c) the property of Dacr and must be returned or deactivated upon request; (d) subject to deactivation, suspension, or revocation at any time if your membership lapses, your account is not in good standing, or you violate these Terms; and (e) not a guarantee of any specific benefit, discount, or access.
Dacr is not responsible for any loss, theft, damage, unauthorized use, or malfunction of any Member Card. You are solely responsible for safeguarding your Member Card.
Membership fees are paid for the digital Services and membership access, which are performed and delivered immediately. Physical Membership Cards, Events, and similar perquisites are complimentary ancillary benefits of membership, are not purchased goods or services, and their availability, shipment, or scheduling does not affect the finality of any fee. Replacement of lost, stolen, or damaged Membership Cards is at Dacr's discretion and may be subject to a replacement fee. Shipping and delivery timelines for physical cards are estimates only and are not guaranteed.
36.3Benefits and Discounts
Dacr may offer Members various benefits, discounts, promotions, early access, priority features, and other privileges. You acknowledge and agree that:
(a) Membership Benefits are subject to availability and may be modified, suspended, reduced, replaced, or discontinued at any time in Dacr's sole discretion, with or without notice;
(b) Discounts and promotions may have additional terms, conditions, limitations, expiration dates, and eligibility requirements;
(c) Dacr does not guarantee that any particular benefit, discount, partner offer, or feature will be available at any time or for any duration;
(d) Third-party benefits, partner discounts, or offers facilitated through the Membership Program are provided by third parties, and Dacr is not responsible for the quality, availability, redemption, or terms of any third-party offer;
(e) The modification, suspension, or discontinuation of any Membership Benefit does not entitle you to a refund, credit, or reduction in membership fees, except as required by mandatory applicable law; and
(f) Dacr shall not be liable for any loss, disappointment, inconvenience, or damage arising from the unavailability, modification, or discontinuation of any Membership Benefit; and
(g) If you enroll in, activate, or redeem a benefit provided by a third- party partner, Dacr may share your information with that partner as necessary to provide, administer, verify eligibility for, and deliver the benefit, as described in the Privacy Policy. The partner's own terms and privacy policy govern the partner's services and its use of your information, and Dacr is not responsible for the partner's acts, omissions, services, or data practices.
36.4Events
Dacr may organize, host, sponsor, co-host, or facilitate in-person events, virtual events, conferences, workshops, meetups, networking sessions, award ceremonies, showcases, panels, and other gatherings (collectively, "Events") for Members and other attendees.
BY ATTENDING OR PARTICIPATING IN ANY EVENT, YOU ACKNOWLEDGE AND AGREE THAT:
(a) Assumption of Risk. You voluntarily assume all risks associated with attending or participating in the Event, including but not limited to risks of personal injury, illness (including communicable diseases), death, property damage, property loss or theft, exposure to allergens, food-borne illness, slip-and-fall injuries, crowd-related injuries, transportation incidents, weather-related events, and any other risk inherent in attending gatherings, whether indoor or outdoor, and whether foreseeable or unforeseeable;
(b) Alcohol and Food. If alcohol, food, or beverages are served or available at an Event, you assume all risks associated with their consumption. You are solely responsible for your decision to consume alcohol and for your conduct while under the influence. Dacr is not responsible for verifying your age, sobriety, dietary restrictions, allergies, or any health condition. If you have food allergies or dietary restrictions, you are solely responsible for verifying ingredients and making safe choices;
(c) Third-Party Venues and Vendors. Events may be held at third-party venues and may involve third-party vendors, caterers, entertainers, speakers, transportation providers, and other service providers. Dacr does not control and is not responsible for the acts, omissions, conditions, safety, accessibility, or compliance of any third- party venue or vendor;
(d) Conduct of Other Attendees. Dacr is not responsible for the conduct, actions, statements, or behavior of other attendees, speakers, panelists, or participants at any Event;
(e) Accessibility. While Dacr makes commercially reasonable efforts to select accessible venues, Dacr does not guarantee that any venue or Event will meet your specific accessibility needs. If you require accommodations, please contact support@dacr.com in advance of the Event, and Dacr will make reasonable efforts to assist;
(f) Cancellation and Changes. Dacr reserves the right to cancel, postpone, relocate, modify the format of (including changing from in-person to virtual), or change the date, time, location, agenda, speakers, or other details of any Event at any time, with or without notice, and without liability. If an Event is cancelled by Dacr, Dacr may, in its sole discretion, offer a credit toward a future Event but is not required to issue a refund of membership fees;
(g) No Admission Guarantee. Membership does not guarantee admission to any particular Event. Events may have capacity limitations, registration deadlines, eligibility requirements, or other restrictions; and
(h) Health and Safety. You agree to comply with all health, safety, security, and conduct policies established by Dacr or the venue operator for any Event. Dacr may refuse entry to or remove any attendee who violates such policies or who, in Dacr's sole judgment, poses a risk to the safety or enjoyment of the Event.
36.5Release and Waiver of Claims for Events
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE THE DACR PARTIES FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, DAMAGES, LOSSES, LIABILITIES, COSTS, AND EXPENSES (INCLUDING ATTORNEYS' FEES) ARISING FROM OR RELATED TO YOUR ATTENDANCE AT OR PARTICIPATION IN ANY EVENT, including but not limited to Claims for: personal injury, illness, death, property damage, property loss, emotional distress, food-borne illness, allergic reaction, slip-and-fall injury, communicable disease exposure, transportation incidents, alcohol-related incidents, acts or omissions of third-party venues or vendors, acts or omissions of other attendees, and any other harm or loss of any kind, whether caused by the negligence of the Dacr Parties or otherwise.
This release applies to Claims that are known or unknown, suspected or unsuspected, and that arise before, during, or after the Event.
36.6Name, Likeness, and Content Rights for Events
Dacr may photograph, film, record audio, livestream, or otherwise capture images, video, audio, and other content at Events (collectively, "Event Content").
By attending or participating in any Event, you grant Dacr (and its affiliates, partners, service providers, and authorized licensees) a perpetual, irrevocable, worldwide, royalty-free, sublicensable, transferable right and license to use, reproduce, display, distribute, publish, modify, create derivative works of, and otherwise exploit your name, likeness, image, voice, appearance, statements, and persona as captured in Event Content, in any medium now known or hereafter devised, for any purpose, including but not limited to:
(a) Marketing, advertising, and promotion of Dacr, the Services, the Membership Program, and future Events;
(b) Social media posts, website content, email marketing, press releases, and newsletters;
(c) Video and audio recordings, highlight reels, recaps, documentaries, and promotional materials;
(d) Internal and external presentations, case studies, and reports; and
(e) Any other lawful purpose.
You waive any right to inspect or approve the finished product(s) or the copy, artwork, or other matter that may be used in connection with Event Content. You waive any claim for compensation, royalties, or residuals for the use of your name, likeness, or persona in Event Content. You release the Dacr Parties from any Claims arising from the capture, use, publication, or distribution of Event Content, including any claim based on right of publicity, right of privacy, defamation, false light, or moral rights.
BY ATTENDING ANY EVENT, YOU ACCEPT THAT YOU WILL BE PHOTOGRAPHED, FILMED, AND RECORDED, AND THAT YOUR NAME, LIKENESS, IMAGE, VOICE, AND PERSONA MAY BE USED AS DESCRIBED ABOVE. THERE IS NO OPT-OUT FOR PHOTOGRAPHY, FILMING, OR RECORDING AT EVENTS. IF YOU DO NOT WISH TO BE PHOTOGRAPHED, FILMED, OR RECORDED, OR DO NOT WISH TO GRANT THE RIGHTS DESCRIBED IN THIS SECTION, DO NOT ATTEND THE EVENT.
36.7Published Information
The Membership Program may include access to exclusive articles, reports, guides, newsletters, industry insights, data, tools, templates, directories, and other published content (collectively, "Member Content"). Member Content is subject to the same terms as Educational Content under Section 3.12 of these Terms. Without limiting that Section:
(a) Member Content is for informational purposes only and does not constitute legal, financial, tax, business, or professional advice;
(b) You are solely responsible for your use of and reliance on Member Content;
(c) Dacr shall not be liable for any loss, damage, or harm arising from your use of Member Content, including any business decision, investment, legal action, or other action taken based on Member Content; and
(d) You agree to indemnify and hold harmless the Dacr Parties from any Claims arising from your use, misuse, distribution, or reliance on Member Content.
36.8Membership Fees; Termination; No Pro-Rata Refunds
Membership fees are governed by these Terms and the Payments Policy. All membership fees are non-refundable except as required by mandatory applicable law or as provided in Dacr's sole discretion. Membership renews automatically as described in Section 14. Cancellation stops future renewals but does not entitle you to a refund of the current billing period. Upon termination or lapse of your membership: (a) all Membership Benefits cease immediately; (b) your Member Card will be deactivated; (c) you will no longer have access to Member Content, Events, or other membership features; and (d) any accrued obligations remain payable.
36.9Indemnification for Events and Membership
In addition to the general indemnification in Section 19, you agree to indemnify, defend, and hold harmless the Dacr Parties from any and all Claims arising from or related to: (a) your attendance at or participation in any Event; (b) your conduct at any Event; (c) injury, illness, or damage to yourself or others arising at or in connection with an Event; (d) your consumption of food, beverages, or alcohol at an Event; (e) your use or misuse of a Member Card; (f) your use of or reliance on Member Content; and (g) any third-party Claim arising from Event Content featuring your name, likeness, or persona.
37. Severability; Maximum Enforceability; International Application
37.1 If any provision of these Terms is held to be unlawful, void, or unenforceable by any court, arbitrator, or tribunal of competent jurisdiction in any jurisdiction, that provision shall be: (a) modified to the minimum extent necessary to make it enforceable in that jurisdiction while preserving the parties' original intent to the maximum extent possible; and (b) the remaining provisions shall remain in full force and effect, unaffected by the unenforceable provision.
37.2 A determination that any provision is unenforceable in one jurisdiction shall not affect the enforceability of that provision in any other jurisdiction. Each provision of these Terms is intended to be independently enforceable to the fullest extent permitted by the law of each applicable jurisdiction.
37.3 Maximum Enforcement. It is the express intent of the parties that every limitation of liability, damages cap, release, covenant not to sue, indemnification, waiver, personal liability shield, fee- shifting provision, and other protective provision in these Terms shall be enforced to the maximum extent permitted by the applicable law of each jurisdiction. If any such provision is found to exceed what is permissible under the mandatory law of a particular jurisdiction, the provision shall automatically be deemed reformed to the maximum level of protection permitted in that jurisdiction; it shall not be voided entirely.
37.4 International Application. These Terms are designed for global application. Where the mandatory consumer-protection, data- protection, unfair-terms, or other laws of a particular jurisdiction limit or modify the enforceability of specific provisions (including without limitation limitations of liability, liquidated damages, arbitration requirements, covenants not to sue, personal liability shields, fee- shifting provisions, or waivers of specific rights), such provisions shall apply to Users in that jurisdiction only to the extent permitted by the mandatory law of that jurisdiction. All other provisions of these Terms shall remain fully enforceable. The invalidity or modification of any provision in one jurisdiction does not affect its validity or enforceability in any other jurisdiction.
37.5 If a court, arbitrator, or regulator in any jurisdiction strikes or modifies any provision of these Terms, the parties agree that: (a) the modification shall be the narrowest modification possible that achieves compliance with the mandatory law of that jurisdiction; (b) the modified provision shall continue to protect Dacr and the Dacr Parties to the maximum extent permitted; (c) no other provision of these Terms shall be affected; and (d) the Terms shall be interpreted as a whole to give maximum effect to the parties' intent to limit Dacr's liability and protect the Dacr Parties.
38. Entire Agreement; No Outside Agreements; No Oral Modifications
38.1 Integration. These Terms, together with the Privacy Policy (www.dacr.com/legal/privacy), the Payments Policy (www.dacr.com/legal/pricing), any Supplemental Terms expressly referenced herein, and any Separate Agreement (as defined in Section 38.3), constitute the complete and exclusive agreement between you and Dacr regarding the Services and supersede and replace all prior and contemporaneous agreements, understandings, negotiations, discussions, representations, warranties, commitments, proposals, communications, and statements of any kind (whether oral, written, electronic, or implied) between you and Dacr or any Dacr Party relating to the Services. The CISG does not apply.
38.2 No Reliance on Outside Representations. You acknowledge and agree that in entering into these Terms and using the Services, you have not relied on, and shall have no right or remedy based on, any statement, representation, warranty, promise, assurance, understanding, or agreement made by Dacr, any Dacr Party, any employee, agent, representative, salesperson, marketer, or any other person (whether before, during, or after the formation of these Terms) that is not expressly set forth in these Terms or in a Separate Agreement. Without limiting the foregoing, no statement on the Dacr website, in marketing materials, in customer support communications, in emails, in chat messages, in social media posts, in presentations, in demos, in sales calls, in event presentations, or in any other communication shall be deemed to create any obligation, warranty, guarantee, or commitment beyond what is expressly stated in these Terms, unless incorporated into a Separate Agreement.
38.3 Separate Written Agreements. If you and Dacr have entered into or enter into a separate written agreement signed by an authorized officer or legal representative of Dacr Inc. (which, for purposes of this Section, means the CEO, a Vice President, the General Counsel, or an attorney expressly authorized in writing by the CEO) and signed by the other party or its authorized representative (a "Separate Agreement"), the Separate Agreement shall govern the subject matter it covers and shall take precedence over these Terms to the extent of any conflict, unless the Separate Agreement expressly states that these Terms control. The Separate Agreement need not reference, cite, or identify these Terms or any specific provision hereof to take precedence. Examples of Separate Agreements include, without limitation, Public-Private Partnership agreements with governments, enterprise agreements, consulting agreements, partnership agreements, licensing agreements, and custom commercial agreements. For the avoidance of doubt, the following do NOT constitute Separate Agreements and cannot supersede, modify, or supplement these Terms: emails, chat messages, customer support conversations, oral discussions, verbal promises, marketing statements, sales presentations, slide decks, proposals, quotes, invoices, purchase orders, or any other informal communication, regardless of the sender's title or position at Dacr.
38.4 No Oral Modifications. These Terms may not be amended, modified, waived, or supplemented by any oral agreement, oral representation, oral promise, or course of dealing. Any amendment must be in writing and must qualify as a Separate Agreement under Section 38.3. No employee, agent, representative, customer support agent, salesperson, or other person has the authority to orally modify, waive, or supplement any provision of these Terms, and any purported oral modification, waiver, or supplement is void and of no effect.
38.5 No Authority to Bind. No employee, agent, representative, contractor, salesperson, marketer, customer support agent, or other person associated with Dacr (other than an authorized officer or legal representative as defined in Section 38.3(a)) has the authority to: (a) make any representation, warranty, guarantee, promise, or commitment on behalf of Dacr that is not expressly set forth in these Terms; (b) modify, waive, or supplement any provision of these Terms; (c) agree to any terms or conditions that conflict with these Terms; (d) bind Dacr to any obligation not set forth in these Terms; or (e) create any estoppel, waiver, or course-of-dealing argument against Dacr. Any statement made by such person, even if made with apparent authority, does not bind Dacr and you may not rely on it.
38.6 Anti-Estoppel. You agree that Dacr shall not be estopped, precluded, or otherwise prevented from enforcing any provision of these Terms by reason of any prior or subsequent conduct, communication, representation, course of dealing, course of performance, or failure to act. No act or omission by Dacr or any Dacr Party shall be deemed a modification, waiver, or amendment of these Terms unless it is set forth in a Separate Agreement under Section 38.3.
38.7 Order of Precedence. In the event of a conflict between these Terms and any other agreement or document, the following order of precedence shall apply (from highest to lowest priority): (a) a Separate Agreement as defined in Section 38.3, to the extent of the subject matter it covers; (b) Supplemental Terms expressly referenced in these Terms, to the extent of the specific conflict; (c) these Terms; (d) the Payments Policy; and (e) the Privacy Policy. For the avoidance of doubt, no agreement between Dacr and a third party (including any government, partner, vendor, or consultant) shall affect your rights or obligations under these Terms unless you are a party to that agreement and it qualifies as a Separate Agreement under Section 38.3, or except as these Terms expressly provide (including Sections 5.11 and 5.13).
38.8 Counter-Offers Rejected. Dacr will not accept any counter-offers, conditional acceptances, or modifications to these Terms, and all such counter-offers are hereby categorically rejected. If you communicate to Dacr any statement to the effect of "I accept these Terms except for [provision]" or similar conditional acceptance, such communication shall have no legal effect, shall not constitute a modification of these Terms, and your continued use of the Services shall constitute acceptance of these Terms in their entirety as written.
38.9 Counterparty Agreements; Personnel. Where Dacr and an individual, company, organization, governmental authority, or any other person or entity (a "Counterparty") have entered into a Separate Agreement (including any partner, vendor, reseller, benefit, services, licensing, distribution, consulting, or governmental agreement, however titled or structured): (a) that Separate Agreement governs the relationship between Dacr and the Counterparty with respect to its subject matter, and in the event of any conflict between these Terms, the Privacy Policy, or the Payments Policy and the Separate Agreement, the Separate Agreement controls, unless the Separate Agreement expressly states that these Terms (or a specified portion of them) control; (b) acceptance of these Terms by the Counterparty, or by any of its employees, officers, agents, or representatives in the course of accessing or using the Services, does not amend, modify, or waive any provision of the Separate Agreement; and (c) these Terms, the Privacy Policy, and the Payments Policy continue to apply to such access and use to the extent not inconsistent with the Separate Agreement.
39.Assignment
You may not assign these Terms without Dacr's prior written consent. Dacr may assign freely. Any purported assignment by you is null and void.
40.No Third-Party Beneficiaries
These Terms are for the benefit of you and Dacr and do not confer rights on any third party, except that each Dacr Party (as defined herein) is an express intended third-party beneficiary of all disclaimers, limitations of liability, releases, indemnifications, covenants not to sue, and other protective provisions in these Terms and has the independent right to enforce such provisions directly against you.
41.Waiver; Cumulative Remedies
Dacr's failure to enforce any provision is not a waiver. No waiver is effective unless in writing and signed by an authorized representative of Dacr.
Cumulative Remedies. All remedies available to Dacr under these Terms, the Payments Policy, and applicable law are cumulative and not exclusive. Dacr's exercise of any one remedy does not constitute an election of remedies or a waiver of any other remedy. Without limiting the foregoing, Dacr may simultaneously or sequentially pursue any combination of: arbitration, litigation, injunctive relief, liquidated damages, actual damages, collections, credit reporting, account suspension or termination, offset, and any other remedy available at law or in equity. The pursuit of one remedy does not preclude or reduce the availability of any other remedy.
42.English Language
These Terms are drafted in English. If these Terms are translated into any other language for any purpose, the English-language version shall be the original, governing instrument. In the event of any conflict, ambiguity, or inconsistency between the English version and any translation, the English version shall prevail. You acknowledge that you have read and understood these Terms in English, or have had the opportunity to have them translated at your own expense before agreeing to them.
43.Notices
43.1 Notices to Dacr. All legal notices, dispute notices, and formal communications to Dacr must be sent to: (a) legal@dacr.com for legal matters and dispute notices; or (b) by certified mail, return receipt requested, to: Dacr Inc., Attn: Legal Department, 20801 Biscayne Blvd, Suite 506, Aventura, Florida 33180. Notices are deemed received: upon confirmed delivery for email; upon delivery confirmation for certified mail. Notices sent to any other address, email, or through customer support channels are not valid legal notices under these Terms.
43.2 Notices to You. Dacr may provide notices to you by: (a) email to the address associated with your account; (b) in-app notification or message within the Services; (c) push notification to your device; (d) SMS/text message to your mobile number on file; (e) posting on the Services; or (f) certified mail to your address on file. Notices are deemed received: upon sending for email and electronic notices (regardless of whether you open or read them); upon posting for notices posted on the Services; and upon delivery confirmation for certified mail. You are solely responsible for keeping your contact information current. Dacr is not responsible for notices that fail to reach you because your contact information is outdated.
44.Headings; Interpretation
Section titles, headings, and subheadings in these Terms are for convenience and reference only and shall not affect the meaning, construction, or interpretation of any provision. The words "include," "including," and "such as" are not limiting and shall be construed as if followed by "without limitation." The word "or" is not exclusive. References to "Sections" are to sections of these Terms unless otherwise specified. References to laws, statutes, and regulations include all amendments, successors, and implementing regulations. The use of the singular includes the plural and vice versa. The use of any gender includes all genders.
45. Confidentiality of Dacr Non-Public Information
In the course of using the Services, you may be exposed to non-public information belonging to Dacr, including but not limited to: (a) unreleased features, beta features, product roadmaps, and development plans; (b) proprietary technology, algorithms, processes, and methodologies; (c) pricing models, business strategies, and partnership arrangements; (d) information about Government Registration Services, Partner Jurisdiction relationships, and PPP agreements that is not publicly available; (e) internal reports, analytics, and data compilations; and (f) any other information that Dacr designates as confidential or that a reasonable person would understand to be confidential (collectively, "Dacr Confidential Information").
You agree to: (a) hold Dacr Confidential Information in strict confidence; (b) not disclose Dacr Confidential Information to any third party without Dacr's prior written consent; (c) not use Dacr Confidential Information for any purpose other than your authorized use of the Services; and (d) take all reasonable precautions to prevent unauthorized disclosure or use of Dacr Confidential Information.
Dacr Confidential Information does not include information that: (a) is or becomes publicly available through no fault of yours; (b) was already known to you before disclosure by Dacr, as evidenced by written records; (c) is independently developed by you without reference to Dacr Confidential Information; or (d) is required to be disclosed by law, regulation, or court order, provided that you give Dacr prompt written notice and cooperate with Dacr in seeking a protective order.
Your obligations under this Section survive termination of your account and these Terms.
46.Survival
The following Sections survive termination: 3, 4, 5.4-5.10, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 30, 34, 35, 36 (including all Event releases and name/likeness grants), 37, 38, 39, 40, 41, 42, 43, 44, 45, and this Section 46, as well as any provisions that by their nature should survive.
47.Contact Information
Dacr Inc.
20801 Biscayne Blvd, Suite 506, Aventura, Florida 33180
Email: legal@dacr.com | Support: support@dacr.com
Schedule A - Partner Jurisdictions
A "Partner Jurisdiction" is any country or territory in which Dacr has been designated or authorized to operate as, or to provide, the official national copyright registration system (or an official governmental copyright registration function), pursuant to a governmental designation, national legislation, decree, public-private partnership framework agreement, concession, license, or similar governmental instrument.
In each Partner Jurisdiction, unless the applicable governmental instrument provides otherwise: (a) Dacr operates the national copyright registration system, processes registrations, issues registration certificates recognized under the law of that jurisdiction, and maintains the registry; (b) the government of that jurisdiction retains ultimate sovereign authority over copyright policy and law; (c) registration fees, Government Levies, taxes, administrative fees, and cross-border recognition fees apply as displayed within the Services; (d) registration data, certificate information, and related metadata may be made publicly available through the national registry as required by the law of that jurisdiction; and (e) registration data is shared with and accessible by the government of that jurisdiction and its ministries, departments, agencies, and designated bodies, and is subject to the laws of that jurisdiction in addition to Dacr's Privacy Policy (see Sections 5.11 and 5.13 of these Terms and Section 16 of the Privacy Policy).
The current list of Partner Jurisdictions (together with the status, scope, legal basis, certificate recognition, applicable fees, and any jurisdiction-specific terms of each designation) is published within the Services, including where you select a jurisdiction for registration, and may be updated by Dacr from time to time as designations become effective, are modified, or terminate. The availability of a jurisdiction for registration within the Services constitutes its designation as a Partner Jurisdiction for purposes of these Terms as of the date of your transaction. This Schedule is incorporated into the Terms of Service by reference.
Copyright 2026 Dacr Inc. All rights reserved.
Content
- 1.Eligibility; Authority; Authorized Representatives
- 2.User Accounts; Security; Verification
- 3.User Content; Permanent Evidence Layer
- 4.Warranty of Originality; User Certifications
- 5.Government Registration Services; Partner Jurisdictions
- 6.Prohibited Conduct and Content
- 7.Ownership; Limited License
- 8.Trademarks
- 9.Feedback
- 10.Repeat Infringer Policy; Copyright Complaints (DMCA)
- 11.Refund Policy; No Chargebacks
- 12.Fees, Taxes, and Payment Obligations
- 13.Accrued Balances and Payment Authorization
- 14.Auto-Renewal; Subscription Cancellation
- 15.Collection; Remedies for Non-Payment
- 16.Liquidated Damages for Fraudulent Chargebacks
- 17.Disclaimers
- 18.Limitation of Liability
- 19.Indemnification
- 20.Release; Covenant Not to Sue; Personal Liability Shield; Heightened Claim Requirements
- 21.No Fiduciary Duty; No Agency; No Duty to Monitor or Advise
- 22.Dispute Resolution; Binding Arbitration
- 23.Governing Law and Venue; Collection Jurisdiction
- 24.Identity Verification; KYC/AML Compliance
- 25.Anti-Corruption; FCPA; UK Bribery Act
- 26.International Use; Export Controls; Sanctions
- 27.Transfer and Processing of Data; Jurisdictional Risk
- 28.Force Majeure
- 29.Electronic Communications; E-SIGN Consent; TCPA Consent
- 30.Right to Audit
- 31.Third-Party Content; Government Authorities; External Systems
- 32.Beta, Experimental, and AI-Enabled Features
- 33.Modifying and Terminating Our Services
- 34.Assumption of Risk
- 35.Transactions with Other Users and Third Parties
- 36.Membership Program; Member Cards; Benefits; Events
- 37.Severability; Maximum Enforceability; International Application
- 38.Entire Agreement; No Outside Agreements; No Oral Modifications
- 39.Assignment
- 40.No Third-Party Beneficiaries
- 41.Waiver; Cumulative Remedies
- 42.English Language
- 43.Notices
- 44.Headings; Interpretation
- 45.Confidentiality of Dacr Non-Public Information
- 46.Survival
- 47.Contact Information
- Schedule A - Partner Jurisdictions