Infringement Policy

Infringement Notice and Takedown Policy

Last Updated: August 1, 2020

Circle Internet Services, Inc. dba CircleCI, (hereafter, “CircleCI”) respects the rights of copyright holders and abides by the federal Digital Millennium Copyright Act (“DMCA”) and similar regulations in other jurisdictions by responding to written notifications of alleged infringement by copyright holders. As part of our response, we may remove or disable access to allegedly infringing material residing on our websites or within our Service (collectively, the "Services”). This Copyright Infringement Notice and Takedown Policy ("Policy”) supplements, and is incorporated into, CircleCI’s Software as a Service Subscription Agreement (currently published at https://circleci.com/terms-of-service/ (the “SaaS Agreement”); CircleCI’s On-Premise Enterprise Terms and Conditions (currently published at https://circleci.com/legal/enterprise-license-agreement/); and CircleCI’s Acceptable Use Policy (currently published at https://circleci.com/legal/acceptable-use/). In the event of any conflict or inconsistency among the following documents, and, except as otherwise expressly set forth in an Order Form and/or signed agreement between the parties, the order of precedence shall be (1) this Policy, and (2) the SaaS Agreement.

Reporting Instances of Copyright Infringement

If you believe that any content residing or accessible on or through the Services infringes your copyright, please send a notice of copyright infringement containing the following information to our Copyright Agent at the address below:

• Identification of the work or material you allege has been infringed;
• Identification of the material that is claimed to be infringing, including its location within the Services, with sufficient detail so that we are capable of finding it and verifying its existence;
• Your contact information, including your name, address, telephone number, and email address;
• If you are not the copyright owner, a description of your relationship to the copyright holder;
• A statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or law;
• A statement made under penalty of perjury that the information provided in the notice is accurate and that you are authorized to make the complaint on behalf of the copyright owner; and
• A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed.

Please also note that the information provided in a notice of copyright infringement may be forwarded to the user who posted the allegedly infringing content. Additionally, under Section 512(f) of the DMCA and similar regulations in other jurisdictions, anyone who knowingly misrepresents that material or activity is infringing may be liable for damages and attorneys’ fees incurred by the alleged infringer or by CircleCI.

Our Response to a Copyright Infringement Notification

Following receipt of a proper written notification, CircleCI will promptly remove or disable access to the allegedly infringing content. We shall also (1) notify the user who posted the allegedly infringing material that we have removed the material or disabled access to it; and (2) provide the user with a copy of the copyright infringement notification. We may suspend or terminate access to the Services of users that repeatedly or egregiously infringe the copyrights of others.

Submitting a DMCA Counter-Notification

If you believe your content was removed or disabled by mistake or misidentification, you may send us a counter-notification that includes the following information:

• Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared in the Services before it was removed or access was disabled;
• Your contact information including your name, address, telephone number, and email address;
• A statement that you consent to the jurisdiction of the U.S. Federal District Court for the judicial district in which you are located (or the U.S. District Court for the Northern District of California located in San Francisco, California if your address is outside of the United States), and that you shall accept service of process from the person who provided the notification of infringement or an agent of such person;
• A statement that you swear, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
• Your physical or electronic signature.

Please note that under Section 512(f) of the DMCA and similar regulations in other jurisdictions, any person who knowingly misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.

Upon receipt of a valid counter-notification, we shall forward it to the person who submitted the infringement notification. The person who submitted the infringement notification (or the copyright holder they represent) shall then have ten (10) days to notify us that they have filed legal action relating to the allegedly infringing material. If we do not receive any such notification within ten (10) days, we may restore the material to the Services.

Repeat Infringer Policy

In accordance with the DMCA and other applicable law, we have adopted a policy of terminating access to the Services for any users who, in our sole discretion, are deemed to be repeat infringers. We may also and at our sole discretion limit and/or terminate access to the Services of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.