Effective date: 1st October 2025

Last updated: 15th March 2026

1. Purpose and Scope

1.1 This Intellectual Property Policy (“Policy”) explains how Fos SM Ltd (“FOS Social,” “we,” “us,” or “our”) addresses claims of copyright, trademark, design, publicity/image rights, and other intellectual property (“IP”) infringements on the FOS Social platform, including our website (fossocial.com), web app (fos.social), mobile apps, creator tools, monetisation features, Picks, Referral, Premium, Premium+, and Exclusive Content programs (collectively, the “Platform”).
 1.2 This Policy supplements—and is incorporated into—our Terms of Service. In the event of a conflict, the Terms prevail except where applicable law requires otherwise.
 1.3 Nothing in this Policy constitutes legal advice. We may modify this Policy at any time. Continued use of the Platform after changes take effect constitutes acceptance.

2. Key Definitions

2.1 “Content” means any text, image, audio, video, or other material uploaded, transmitted, or displayed on the Platform.
 2.2 “IP” includes copyrights, neighbouring rights, database rights, design rights, trademarks and trade dress, and personality/publicity/image rights recognised by applicable law.
 2.3 “Rights Holder” includes owners, exclusive licensees, and authorised agents with authority to act on behalf of an IP owner.
 2.4 “Notice” means a legally sufficient report alleging that specific Content infringes IP.
 2.5 “Counter-Notice” means a legally sufficient response disputing a Notice and requesting reinstatement of removed Content.

3. Your Responsibilities and Warranties

3.1 You must upload only Content you own or are authorised to use. By uploading, you warrant that:
 (a) you own the IP or have sufficient rights;
 (b) your Content and its monetisation do not infringe third-party rights; and
 (c) you will pay any royalties or licence fees required for your use.
 3.2 Music, live performances, third-party clips, logos, and branded assets often require licences. You are solely responsible for obtaining them.
 3.3 You must accurately classify and label Content and comply with our Community Guidelines and Terms.

4. Our Role and No General Monitoring

4.1 FOS Social is an intermediary hosting user Content. We do not pre-screen all Content and are not obligated to monitor proactively.
 4.2 We act upon legally sufficient Notices and may remove or restrict Content at our discretion to reduce legal risk or comply with law, even where a Notice is incomplete.

5. Copyright: Notice and Takedown (Global)

5.1 How to send a copyright Notice: email copyright@fossocial.com or use our in-app form. Include:
 (a) Identification of the copyrighted work(s) claimed infringed (links, titles, registration numbers if available).
 (b) Specific URL(s) or in-app links to the allegedly infringing Content.
 (c) Your name, organisation (if any), mailing address, country, and email.
 (d) A statement of good-faith belief that use of the material is not authorised by the rights owner, its agent, or the law.
 (e) A statement that the information is accurate and, for U.S. DMCA notices, that you are the IP owner or authorised agent under penalty of perjury.
 (f) A physical or electronic signature.
 5.2 Incomplete Notices may be rejected or delayed. We may request more information to verify claims.
 5.3 Upon a facially valid Notice, we generally remove or restrict access to the identified Content and notify the uploader with basic information about the claim, subject to legal constraints and safety.

6. DMCA (United States) Designated Agent

6.1 For U.S. DMCA purposes (17 U.S.C. §512), our designated agent details will be posted here once appointed and registered with the U.S. Copyright Office:

DMCA Agent (placeholder): [Name/Entity], [Postal Address], Email: copyright@fossocial.com, Tel: [Number].

6.2 We maintain and implement a policy to terminate, in appropriate circumstances, users who are repeat infringers.

7. Counter-Notice (Copyright)

7.1 If your Content was removed and you believe it was misidentified or authorised by law (e.g., licence, fair use/fair dealing), submit a Counter-Notice to copyright@fossocial.com including:
 (a) Your name, address, phone, and email.
 (b) Identification of the removed Content and its original URL.
 (c) A statement under penalty of perjury that you have a good-faith belief the Content was removed due to mistake or misidentification.
 (d) Your consent to the jurisdiction and service of process required by law:

• DMCA (U.S.): consent to the jurisdiction of the U.S. federal court in your district (or San Mateo County, California, if outside the U.S.) and acceptance of service from the claimant or their agent.
   (e) Your physical or electronic signature.
   7.2 Upon a facially valid Counter-Notice, we may restore the Content unless the Rights Holder informs us within the statutory period that they have filed an action seeking a court order to restrain you.
  
  

8. EU/UK Notice-and-Action (Non-Copyright and Copyright)

8.1 For EU/UK and similar regimes, submit Notices to abuse@fossocial.com or via the in-app reporting flow. Include: (i) your contact details; (ii) precise URL/in-app links; (iii) description of illegality or rights infringement and legal basis (cite law or rights); (iv) a good-faith statement of accuracy.
 8.2 Where required by law, we will issue a brief statement of reasons for removal, restriction, or retention, and provide an internal appeal path.
 8.3 We may prioritise trusted flagger notices (where designated by law) and lawful orders from competent authorities.

9. Misuse and Bad-Faith Claims

9.1 Submitting fraudulent, materially misleading, automated, or abusive Notices/Counter-Notices may result in account restrictions, termination, or legal referral.
 9.2 We may share Notice/Counter-Notice details (including contact information) with the opposing party and, where appropriate, regulators or law enforcement.

10. Trademark and Trade Dress Policy

10.1 Trademark complaints should be sent to copyright@fossocial.com (subject line: “Trademark”). Include:
 (a) Mark at issue, registration number(s), jurisdiction(s), and classes.
 (b) Owner name and relationship to complainant.
 (c) Allegedly infringing Content URLs/screenshots.
 (d) Explanation of consumer confusion (e.g., identical mark for similar goods/services).
 (e) Contact details and signature.
 10.2 For unregistered marks, include evidence of reputation and use (e.g., dated marketing, sales, media coverage).
 10.3 We may remove or restrict Content, disable usernames/handles, and/or require clarifying disclosures (e.g., “fan account,” “parody”) where appropriate.

11. Designs, Database Rights, and Passing Off

11.1 Complaints involving registered/unregistered designs, database rights, or passing off should follow the Notice format in Section 10.
 11.2 We may remove or restrict Content, usernames, or profile elements that infringe distinctive get-up/trade dress or misrepresent affiliation.

12. Publicity, Image, and Personality Rights

12.1 Reports alleging unauthorised use of name, image, likeness, voice, or persona (“publicity rights”) should be sent to abuse@fossocial.com with:
 (a) Proof of identity/authorisation.
 (b) URLs/screenshots.
 (c) Description of the misappropriation.
 (d) Any relevant jurisdictional rights.
 (e) Contact details and signature.
 12.2 We may remove Content, disable handles/vanity URLs, and restrict monetisation where misuse is found.

13. Usernames, Handles, and Profiles

13.1 Usernames/handles must not infringe others’ IP or mislead about affiliation.
 13.2 We may reassign or modify usernames to prevent confusion or infringement.

14. Repeat Infringer Policy

14.1 We may terminate, in appropriate circumstances, accounts of users deemed repeat infringers.
 14.2 Factors include multiple valid Notices, wilful infringement, scope of infringement, evasion, and enforcement history.
 14.3 Sanctions may include Content removal, feature limits, demonetisation, payout holds, and account termination.
 14.4 We do not disclose strike thresholds and reserve discretion to act earlier in egregious cases.

15. Monetisation Holds, Clawbacks, and Reserves

15.1 Upon a facially valid IP Notice, we may freeze monetisation of the accused Content and place reserves on related earnings pending resolution.
 15.2 If infringement is confirmed (e.g., admission, repeated Notices without valid Counter-Notice, settlement, or final legal order), we may permanently withhold or claw back earnings and, where required, refund purchasers.
 15.3 We may charge back our costs, fines, chargebacks, or penalties to the relevant account or offset them against future payouts.

16. Rights-Management Tools and Accuracy Disclaimer

16.1 We may offer optional rights-management tools (e.g., fingerprinting, reference file matching, whitelists/blacklists, webform APIs) to qualified Rights Holders. Access and eligibility are at our discretion.
 16.2 These tools are not guaranteed to detect or block all infringements. Failure to detect does not create liability for FOS Social.
 16.3 Misuse of these tools (e.g., false claims, blocking licensed uses) may result in suspension of access, account sanctions, and legal referral.

17. Fair Use/Fair Dealing and Exceptions

17.1 Users may, in some jurisdictions, rely on exceptions or limitations (e.g., fair use/fair dealing, quotation, parody). Such determinations are fact-specific.
 17.2 FOS Social does not adjudicate complex disputes and may remove Content upon a facially valid Notice. Restoration typically requires a valid Counter-Notice or party agreement.

18. No Duty to Party-Arbitrate; We Are Not Your Lawyer

18.1 We are not an arbitrator between parties. We may decline to process repetitive, abusive, or manifestly unfounded claims.
 18.2 Rights Holders and users should seek independent legal advice for disputes beyond our procedural handling.

19. FOS Social IP and Brand Use

19.1 You may not use FOS Social trademarks, logos, UI elements, or screenshots in a manner that suggests endorsement or affiliation without written permission.
 19.2 Any permitted use must follow our Brand Guidelines (if provided) and is revocable at will.

20. License to FOS Social (Operational Use Only)

20.1 By uploading Content, you grant FOS Social a non-exclusive, worldwide, royalty-free, transferable and sub-licensable licence to host, cache, transcode, reproduce, distribute, publicly perform, display, adapt, modify, translate, and create derivative works of the Content solely to operate, promote, develop, provide, and improve the Platform.
 20.2 This licence ends when your Content is deleted from our systems, except as described in the Terms (e.g., for legal compliance, backup retention, or dispute resolution).
 20.3 We do not sell your Content to third parties. Any broader commercial use requires your separate consent.

21. Third-Party Embeds, Links, and Frames

21.1 Content may include outbound links or embedded third-party material. You must ensure any embedded or linked material is licensed or permitted.
 21.2 We may block embeds, remove links, or disable features that create IP risk.

22. Evidence and Data Handling

22.1 We retain Notice and enforcement records as described in our Privacy Policy and may share them with the opposing party, service providers, or authorities where lawful.
 22.2 We may require additional proof of authority from agents or request documents under seal/confidentiality where necessary.

23. Appeals and Restorations

23.1 Where required by law or our procedures, we provide an internal appeal channel for significant IP removals. Submit appeals within the timeframe stated in the removal notice.
 23.2 Restoration is not guaranteed. We may maintain restrictions where legal risk persists (e.g., pending litigation, repeat claims, credible evidence of infringement).

24. Jurisdiction-Specific Disclosures

24.1 United States (DMCA): We implement a §512 policy, designate an agent, process Notices/Counter-Notices, and terminate repeat infringers as required.
 24.2 EU/EEA & UK: We provide a Notice-and-Action mechanism, statements of reasons (where required), and internal complaint handling; we may recognise “trusted flaggers” and comply with lawful orders.
 24.3 Other Regions: We comply with local IP regimes where applicable and may geo-restrict or remove Content to comply with local law.

25. Limits of Liability and Reservation of Rights

25.1 FOS Social disclaims warranties and liability to the fullest extent permitted by law, as set out in the Terms. Nothing herein expands our liability.
 25.2 We may remove or restrict Content, suspend features, demonetise, or terminate accounts to comply with law or protect users and the Platform, without liability.

26. How to Contact Us

• Copyright/Trademark/Design Notices & Counter-Notices: copyright@fossocial.com
  
  

• Abuse/Misconduct and Publicity/Image Rights: abuse@fossocial.com
  
  

• Postal: Fos SM Ltd, 71–75 Shelton Street, London, England, WC2H 9JQ