Infringement Notice Policy

Section 1 — Purpose and Scope

1.1 Purpose

The purpose of this Policy is to regulate the procedures and principles for receiving, assessing and resolving allegations of infringement of copyright, trademark rights, design rights and other intellectual property rights relating to Digital Collectible Assets or other content available on the DaDa Design Platform.

1.2 Scope

This Policy applies to intellectual property infringement allegations concerning Digital Collectible Assets, Digital Certificates, Platform content, user content (if enabled in the future), images, texts, graphics, logos and other digital content.

1.3 Legal Basis

This Policy applies together with the Terms of Use, Intellectual Property & Licensing Policy, Digital Certificate & Ownership Policy, and Distance Sales & Digital Collectible Delivery Agreement. Where this Policy contains no provision, applicable legislation shall apply.

1.4 Nature of the Policy

This Policy regulates the procedure for assessing infringement notices. Application of this Policy does not mean that any rights claim is automatically accepted or rejected.

1.5 Fundamental Principles

The Operator conducts its review in accordance with the principles of impartiality, good faith, proportionality, honesty and legal certainty. The rights of the person alleging infringement and the User who is the subject of the notice shall, to the extent possible, be considered in a balanced manner.

Section 2 — Definitions

2.1 Infringement Notice

an application submitted to the Operator by a person alleging that content or a Digital Collectible Asset available on the Platform infringes that person’s intellectual property rights.

2.2 Applicant

a natural or legal person who submits an Infringement Notice to the Operator, declaring that they hold the right alleged to have been infringed. The application may be made by the right holder or through a duly authorized representative.

2.3 Person Subject to the Notice

the User who uses, creates, offers for sale, or is alleged to be the registered owner of the Digital Collectible Asset, content or relevant account that is the subject of the infringement allegation.

2.4 Intellectual Property Rights

copyright, related rights, trademark rights, design rights and other intellectual and industrial property rights protected under applicable legislation.

2.5 Digital Collectible Asset

the digital collectible product offered through the DaDa Design Platform and defined in the other legal documents.

2.6 Ownership

the registered ownership of a Digital Collectible Asset in the DaDa Design record system. An Ownership record does not, by itself, mean authorship or copyright ownership.

2.7 Digital Certificate

the electronic record document showing the Ownership record and verification information relating to the relevant Digital Collectible Asset.

2.8 Operator

the natural or legal person operating the Platform under the DaDa Design brand.

2.9 Platform

the website operated by DaDa Design, mobile applications and all related digital services.

2.10 Authorized Representative

a natural or legal person who documents that they are legally authorized to submit an application on behalf of the right holder.

Section 3 — Infringement Notice

3.1 Right to Apply

Right holders who believe that their intellectual property rights have been infringed, or their duly authorized representatives, may submit an infringement notice to the Operator under this Policy.

3.2 Content of the Notice

For an infringement notice to be assessed, the application should, to the extent possible, include the Applicant’s name and surname or trade name, contact details, a description of the right allegedly infringed, information enabling identification of the content or Digital Collectible Asset concerned (for example Asset ID, link address or similar information), supporting information and documents, and a declaration concerning the accuracy of the application. Where deemed necessary, the Operator may request additional information and documents showing ownership of the right, authority of representation or the basis of the application. If such documents are not provided, the application may not be processed or may be concluded on the basis of the available information and documents.

3.3 Incomplete Applications

The Operator may request additional information and documents for incomplete or unverifiable applications. If deficiencies are not remedied within a reasonable period, the application may not be processed.

3.4 Review Process

Receipt of an infringement notice does not, by itself, mean that the existence of an infringement has been accepted. The Operator assesses the application under this Policy, the other legal documents and applicable legislation.

3.5 Interim Measures

Where there is serious suspicion of infringement, suspected forgery or fraud, a court decision, an official authority request, or circumstances that may affect system security, the Operator may apply necessary and proportionate interim measures until the review is concluded. Such measures do not mean that infringement has been definitively established.

3.6 Bad-Faith Applications

The Operator may reject applications considered manifestly malicious, untrue or misleading. Without prejudice to its rights under applicable legislation, the Operator reserves the right to take necessary legal and administrative measures in relation to bad-faith applications.

Section 4 — Review and Assessment Process

4.1 Preliminary Review

The Operator may first review an infringement notice as to form. Submission of the information and documents required for assessment may be required.

4.2 Request for Additional Information and Documents

Where necessary, the Operator may request additional information, documents or explanations from the Applicant or the Person Subject to the Notice. If additional information or documents are not provided, the Operator may assess the matter on the basis of the available materials or may refrain from concluding the application.

4.3 Impartial Assessment

The Operator assesses applications in accordance with impartiality, good faith and proportionality. Submission of an application does not mean that it is justified or that the Person Subject to the Notice has committed an infringement.

4.4 Interim Measures

During the review, where necessary, the Operator may temporarily restrict visibility of the relevant content, temporarily hold transactions relating to an Ownership record, postpone a Digital Certificate update until completion of the review, or apply other necessary technical or administrative measures. These measures are not final decisions.

4.5 Assessment Result

Following review, the Operator may accept or reject the application, decide to conduct further review, request additional information and documents from the parties, or take other action required under applicable legislation. Interim or final measures taken by the Operator do not constitute a definitive legal determination of ownership of rights and do not replace decisions of competent courts or official authorities.

4.6 Court and Official Authority Decisions

Where there is a court decision, interim injunction, official authority request or binding obligation arising from applicable legislation, the Operator may take the necessary action in accordance with that decision or obligation.

Section 5 — Decision and Actions to Be Applied

5.1 Notification of the Decision

Where appropriate, the Operator may notify the Applicant and the Person Subject to the Notice of the outcome of the review through suitable communication channels. The scope of the notification may be limited where required by applicable legislation or security considerations.

5.2 Possible Actions

Where considered necessary following review, the Operator may take no action; remove the relevant content or restrict access to it; update the Ownership record; update, suspend or cancel the Digital Certificate; temporarily restrict certain features of the relevant account; or apply other necessary technical or administrative measures under applicable legislation. Transactions concerning an Ownership record or Digital Certificate updates may be temporarily held until the infringement review is concluded.

5.3 Principle of Proportionality

The Operator determines the measures to be applied in accordance with proportionality, taking into account the nature and scope of the alleged infringement, the evidence submitted and the circumstances of the case.

5.4 Final Decision on Ownership of Rights

Assessments made by the Operator under this Policy are not final or binding judicial determinations regarding ownership of rights. Final determinations are made by competent courts and relevant official authorities.

5.5 Operator’s Discretion

The Operator reserves the right to determine the type, scope and manner of implementation of measures under this Policy, taking into account applicable legislation, system security, user rights and the circumstances of the case.

5.6 Reserved Rights

This Section does not eliminate the rights and remedies of the Applicant, the Person Subject to the Notice or the Operator under applicable legislation.

Section 6 — Objection and Reassessment

6.1 Right to Object

The Applicant or the Person Subject to the Notice may request reassessment of the decision where new information or documents are submitted or where a significant error in the assessment process is alleged.

6.2 Content of the Objection

To the extent possible, an objection should include the grounds for objection, supporting information and documents, explanations concerning the previous application, and any new evidence.

6.3 Reassessment

After assessing the new information and documents, the Operator may maintain its previous decision, change it, or decide to conduct an additional review. Reassessment by the Operator does not mean that every objection will be accepted.

6.4 Rights to Apply to Courts and Official Authorities

The review and reassessment processes under this Policy do not restrict the parties’ rights under applicable legislation to apply to courts, request interim measures or exercise other statutory rights.

6.5 Final Platform Decision

After completing the necessary reviews, the Operator may issue its final decision for the Platform’s internal process. This decision does not replace or bind decisions of competent courts or official authorities.

Section 7 — Bad-faith and False Applications

7.1 Duty of Good Faith

Persons submitting infringement notices must act in good faith and are responsible for the accuracy of the information and documents they provide.

7.2 False Applications

The Operator may reject applications considered manifestly false, misleading, based on forged documents or made in bad faith.

7.3 Prevention of Abuse

Where the infringement notice mechanism is abused for purposes such as creating unfair competition, obstructing competitors, harming users, disrupting Platform operations or similar purposes, the Operator may take necessary technical, administrative and legal measures.

7.4 Accuracy of Information and Documents

The Applicant declares that the information and documents submitted are accurate, current and lawful. The Operator may request additional verification where deemed necessary.

7.5 Reserved Rights

Legal liabilities arising from false or bad-faith applications belong to the person who made the relevant application. The Operator’s rights under applicable legislation are reserved.

7.6 Rejection of the Application

The Operator may reject applications assessed under this Section, choose not to process them, or apply other measures it considers necessary. Such assessment does not eliminate the parties’ rights to apply or bring proceedings under applicable legislation.

Section 8 — Confidentiality and Personal Data

8.1 Principle of Confidentiality

The Operator processes and protects information and documents submitted in connection with infringement notices in accordance with applicable data protection legislation and the Privacy Policy.

8.2 Processing of Personal Data

Personal data shared in connection with an infringement application may be processed only for assessing the application, identity verification, communicating with the parties, fulfilling legal obligations and resolving disputes.

8.3 Information Sharing

Except where permitted or required by applicable legislation, the Operator does not share information and documents obtained through an application with third parties. To the extent necessary for review, information may be shared with the relevant parties or competent public authorities. Such sharing is limited to what is necessary and carried out in accordance with applicable data protection legislation and the principle of data minimization.

8.4 Retention Period

Records and documents relating to infringement applications may be retained for as long as necessary to comply with obligations arising from applicable legislation and to manage potential legal disputes.

8.5 Confidentiality Obligation

The Applicant and the Person Subject to the Notice agree not to unlawfully share with third parties information and documents obtained during the application process and to use them only within the relevant legal process.

8.6 Application Together with the Privacy Policy

This Section applies together with the DaDa Design Privacy Policy. Matters not regulated here are governed by the Privacy Policy and applicable data protection legislation.

Section 9 — Updating the Policy

9.1 Right to Update

The Operator may update this Policy in line with changes in applicable legislation, court decisions, administrative practices, technological developments, changes to Platform services or operational requirements.

9.2 Entry into Force

The updated Policy enters into force on the date it is published on the Platform. The effective date and version information are stated at the beginning or end of the Policy.

9.3 Material Changes

Where changes may materially affect Users’ rights and obligations, Users may be informed through appropriate methods where required by applicable legislation.

9.4 Previous Versions

The Operator may retain previous versions of the Policy for legal obligations, evidentiary purposes or audit processes. Retention does not mean that previous versions remain in force or continue to apply.

Section 10 — Final Provisions

10.1 Application Together with Other Legal Documents

This Policy applies together with the Terms of Use, Distance Sales & Digital Collectible Delivery Agreement, Intellectual Property & Licensing Policy, Digital Certificate & Ownership Policy, Privacy Policy, Cookie Policy, Payment Policy and other legal documents published by the Operator. Matters not regulated in this Policy are governed by the relevant other legal documents and applicable legislation.

10.2 Severability

If any provision of this Policy becomes wholly or partially invalid, void or unenforceable, this does not affect the validity of the remaining provisions. The arrangement most appropriate to applicable legislation and the purpose of the provision shall apply in place of the invalid provision.

10.3 No Waiver

The Operator’s failure or delay in exercising any right arising from this Policy may not be interpreted as a waiver of that right.

10.4 Assignment and Succession

The Operator may transfer its rights and obligations under this Policy to successors within the framework of applicable legislation in connection with a merger, demerger, restructuring, transfer of business or similar legal transaction. This does not eliminate the parties’ rights under applicable legislation or statutory remedies available under this Policy.

10.5 Entry into Force

This Intellectual Property Infringement & Notice Policy enters into force on the date it is published on the Platform and remains in force until a new version is published.