Copyright Policy

Scope

This policy applies to all Services of ERP•AI US Inc., 2 Embarcadero Center, San Francisco, CA 94111, USA (“ERP•AI”, “we”, “us”). It is part of the Terms of Service (the “Terms”), and capitalized terms have the meanings given there. In this policy, “you” means the person sending a notice or counter-notice, and the “affected account holder” is the Customer, or the end user of a Published App with an account of their own, whose account holds the material.

It covers Customer Content stored on our systems, including Published Apps and Hosted Content, and material we publish ourselves, such as Catalog Materials. The counter-notice and repeat-infringer rules do not apply to our own material. We cannot act on files kept only on a user’s device (for example in the Proto desktop app) or on third-party websites an Agent visits. Send claims about how a Model Provider’s AI model was trained to that provider; we do not train AI models on Customer Content.

Designated agent

Our designated agent for notices of claimed infringement and counter-notices is:

Copyright Agent
ERP•AI US Inc.
2 Embarcadero Center
San Francisco, CA 94111, USA
Email: legal@erp.ai

Use the subject “Copyright notice” or “Copyright counter-notice”. Notices sent to other addresses may not reach the agent. For support, contact care@erp.ai.

Sending a copyright notice

Under the Digital Millennium Copyright Act (17 U.S.C. 512), a notice must be a written communication to our designated agent that includes substantially the following:

1. Your physical or electronic signature, as the copyright owner or a person authorized to act for the owner.
2. Identification of the copyrighted work claimed to be infringed or, for several works at one site, a representative list.
3. Identification of the material claimed to be infringing that you want removed or disabled, with information reasonably sufficient for us to locate it, ideally the full URL.
4. Information reasonably sufficient for us to contact you, such as your name, postal address, telephone number and, if you have one, email address.
5. A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
6. A statement that the information in the notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Consider fair use before sending a notice. If a notice identifies the work, the material and how to contact you but misses other elements, we promptly try to contact you to complete it. A “valid notice” substantially includes every element above, including a notice you complete after we contact you.

A report through the build.host abuse form is not a copyright notice, because the form does not collect these elements; if you give your email address there, we may ask you for a complete notice.

We share your notice. We send a copy of your notice, including your name and contact details, to the affected account holder so it can respond. The Privacy Policy explains how we handle notice data.

What we do with a valid notice

We act expeditiously to remove or disable access to the material identified in a valid notice.

The affected account holder may redeploy a stopped build.host site or app without the material. Restarting, redeploying or rolling it back with the material breaks this policy, and we may stop it again.

We take reasonable steps to promptly notify the affected account holder by email, at the address on its account, with a copy of the notice, what we removed or disabled, where and for how long, and how to send a counter-notice or appeal. A person, not an automated system, decides on every copyright notice.

Counter-notices

If you believe material was removed or disabled by mistake or misidentification, send a counter-notice to our designated agent. Under 17 U.S.C. 512(g)(3), a counter-notice must be a written communication that includes substantially the following:

1. Your physical or electronic signature.
2. Identification of the material removed or disabled and the location (URL) where it appeared before.
3. A statement under penalty of perjury that you have a good-faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
4. Your name, address and telephone number, and a statement that you consent to the jurisdiction of the US Federal District Court for the judicial district in which your address is located or, if your address is outside the United States, for any judicial district in which ERP•AI may be found, and that you will accept service of process from the person who sent the notice or that person’s agent.

We promptly send a copy of a counter-notice that substantially includes all four elements, including your contact details, to the person who sent the notice, and tell that person that we will restore the material, or stop disabling access to it, in 10 business days. We restore it not less than 10 and not more than 14 business days after we receive the counter-notice, unless our designated agent first receives notice from that person that they have filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on our systems.

We may keep material down for another reason, such as malware or phishing, and if so we tell you which rule it breaks.

Misrepresentation

Under 17 U.S.C. 512(f), anyone who knowingly materially misrepresents that material is infringing, or that it was removed or disabled by mistake or misidentification, may be liable for damages, including costs and attorneys’ fees. We may ask for more information to verify notices from anyone who has repeatedly sent inaccurate or abusive notices.

Repeat infringers

We terminate, in appropriate circumstances, the accounts of users who are repeat infringers.

We record each valid notice against the account that holds the material and tell the affected account holder when we do. Material that an end user of a Published App uploads counts against that end user’s account where we can identify it, not against the Customer that runs the app. Withdrawn notices, and notices followed by restoration after a counter-notice with no court action, do not count.

We decide case by case, considering the number of valid notices against the account, how recent they are and whether the account appears to exist mainly to infringe. We may also terminate related accounts and refuse new ones. Where it is enough to stop the infringement, we may instead end only the access of the Authorized User responsible, or access only to the Service where the infringement took place. Termination may end access to every Service the account is used for, including the ERP•AI platform, Proto and build.host, and we may revoke its API keys and stop its build.host sites and apps.

Because infringement breaks the Acceptable Use Policy, termination under this policy takes effect when we give notice, with no cure period, as the Terms allow for repeated breaches. We refund unused Purchased Credits, less amounts owed to us and our reasonable costs caused by the breach. The Terms’ rules on exporting Customer Content after termination apply, except to the material identified in the notices.

Trademarks and other claims

The notice, counter-notice and repeat-infringer rules above apply only to copyright. We may still act on other claims under the Terms and the Acceptable Use Policy.

To report a trademark issue, such as a site, subdomain or app name that uses your mark to mislead people, email legal@erp.ai with your contact details, the mark and the basis of your rights (such as a registration number and country), the URL, how the use infringes or confuses, and a good-faith statement that the use is unauthorized and your information is accurate. We may remove or disable material, reclaim a build.host subdomain, or ask the affected account holder to respond. For phishing or impersonation on build.host, you can also use build.host/report-abuse.

Take disputes over a custom domain name itself to its registrar or a domain dispute procedure. Send other claims, such as rights of publicity or trade secrets, to legal@erp.ai with similar details. We may share these complaints, including your name and contact details, with the affected account holder so it can respond.

Notices from outside the United States

Anyone, in any country, can send a notice to our designated agent. If you are in the European Union, or the material is available there, you can also send a notice about illegal intellectual property content under Article 16 of the EU Digital Services Act to legal@erp.ai. Explain why the material is illegal under EU or member state law (such as local copyright law), give its exact URL, include your name and email address, and confirm your good-faith belief that the information and allegations in your notice are accurate and complete. We confirm receipt, review the notice in a timely, diligent, non-arbitrary and objective manner, and tell you our decision and how you can challenge it.

The notifier or the affected account holder can challenge a decision by replying to our email, or by emailing legal@erp.ai with “Appeal” in the subject, within 6 months after the decision, or by going to court. A person reviews every appeal. Where only some countries’ laws require removal, we may disable access everywhere or, where practical, only in those countries.

Report other illegal content under the Acceptable Use Policy; reports of child sexual abuse material do not need your name or email.

Changes

We post updates here with a new “Last updated” date. We give notice of changes that materially and adversely affect users as the Terms describe. Notices and counter-notices are handled under the version in effect when we receive them.