Beta draft — the final version will be published after TIVERA LLC incorporation and legal review.

The legally binding version of this document is the French one. This English version is a courtesy translation.

Last updated: 2026-05-20

DMCA Safe Harbor Policy + Takedown Procedure -- TIVERA

Version: 2.0 -- DRAFT post-pivot LLC US Wyoming + Morocco resident founder Effective date: [A COMPLETER -- day of publication Play Store / tivera.tv v1.0] Last updated: 2026-05-20 Language: bilingual FR + EN (US DMCA notice standard English usage, doubled in French for consistency)

DRAFT -- to be reviewed by Mitchou + Wyoming attorney + Casablanca-admitted attorney before publication. Fields [A COMPLETER : ...] to be filled in post-Stripe Atlas + USPTO DMCA agent registration.

Differences vs DMCA_NOTICE.md v1.0 (CockPITV): (1) brand TIVERA, (2) DMCA agent designated for TIVERA LLC Wyoming (not Mitchou as a natural person), (3) formal USPTO DMCA agent registration (fee, 3-year renewable), (4) response < 48h (vs unspecified v1), (5) detailed counter-notification flow, (6) formal repeat infringer policy, (7) flow specific to BYOC media player (user-uploaded M3U sources).

TL;DR (FR)

TIVERA est un lecteur generique BYOC au sens de 17 U.S.C. section 512(c) -- ce n est pas un service d hebergement de contenu. L App ne stocke, n heberge, ne distribue, ne reference AUCUN contenu par defaut. L Utilisateur final apporte ses propres flux M3U / Xtream / EPG XMLTV.

Mais TIVERA LLC repond quand meme aux notices DMCA recues de bonne foi, en :

Designant un DMCA Agent formel enregistre aupres de l US Copyright Office (USPTO DMCA Designated Agent Directory).
Publiant la procedure ci-dessous.
Repondant sous 48 heures (jours ouvres US Eastern Time).
Appliquant une repeat infringer policy (paragraphe 6 ci-dessous).

Important : si tu detiens un droit d auteur sur un contenu visualise via TIVERA, ta demande doit etre adressee prioritairement a l operateur du serveur Xtream / M3U hebergant le flux -- pas a TIVERA LLC qui ne stocke ni ne distribue ce flux.

TL;DR (EN)

TIVERA is a generic BYOC player within meaning of 17 U.S.C. section 512(c) -- not a content hosting service. The App stores, hosts, distributes, indexes NO content by default. End users provide their own M3U / Xtream / EPG XMLTV streams.

However TIVERA LLC still responds to good-faith DMCA notices by:

Designating a formal DMCA Agent registered with the US Copyright Office (USPTO DMCA Designated Agent Directory).
Publishing the procedure below.
Responding within 48 hours (business days US Eastern Time).
Enforcing a repeat infringer policy (paragraph 6 below).

Important: if you hold copyright on content viewed through TIVERA, your claim must be addressed primarily to the Xtream / M3U server operator hosting the stream -- not to TIVERA LLC which neither stores nor distributes that stream.

1. TIVERA s nature -- Safe Harbor eligibility (17 U.S.C. section 512(c)(2))

TIVERA is a generic BYOC (Bring Your Own Content) media player:

The application is distributed via Google Play Store (com.mitchou.iptvpro), Amazon AppStore, Samsung Galaxy Store, and direct APK download on tivera.tv.
The application does not provide, include, host, distribute, or index ANY content by default. Upon installation, the application catalog is empty; the User must necessarily import their own streams for the application to function.
The application has no contractual, technical, or financial relationship with the operators of Xtream Codes panels or the M3U providers that the User may choose to use.
The application performs no modification, transformation, or editorial enrichment of the streams it plays (with the exception of local EPG enrichments and recovery heuristics).
The application has no direct knowledge of the Xtream / M3U URLs imported by the User on the TIVERA server side (zero log on the backend side; everything remains local in SQLCipher at the User's).

As such, TIVERA LLC claims the benefit of the Safe Harbor under:

DMCA 17 U.S.C. section 512(c) -- safe harbor for online service providers hosting user-generated content (extended interpretation per Viacom v. YouTube 2012 + UMG v. Veoh 2013)
DMCA 17 U.S.C. section 512(b) -- system caching safe harbor (applicable to transient HTTP cache)
DMCA 17 U.S.C. section 512(a) -- transitory digital communications safe harbor (passage of user-controlled streams)

And equivalent provisions:

European Union: Directive 2000/31/CE e-commerce Art. 14 (transposed in France LCEN Art. 6-I-2 of 21 June 2004) -- the Editor is not a host in the strict sense; Directive 2019/790/UE DSM Art. 17 not applicable because TIVERA is NOT an OCSSP (Online Content-Sharing Service Provider) within the meaning of Art. 2.6 (no organization, optimization, promotion of protected content uploaded by users).
EU Digital Services Act (DSA): Regulation (UE) 2022/2065 -- TIVERA is an intermediary service (Art. 3.g.i) outside the scope of very-large-online-platform (VLOP, < 45M MAU EU).
Morocco: Loi 09-08 Art. 3 (limited host liability)

2. Designated DMCA Agent / Agent DMCA designe

In accordance with 17 U.S.C. section 512(c)(2), TIVERA LLC designates a formal DMCA agent registered with the US Copyright Office:

Field	Value
Service Provider Name	TIVERA LLC
Designated Agent Name	[A COMPLETER : Mitchou, ou prestataire externe DMCA agent.com / DMCA-Force / etc. -- /3 ans US Copyright Office registration fee]
Agent Email	[email protected]
Agent Postal Address	[A COMPLETER : Stripe Atlas registered agent address Wyoming OR PO Box dedie DMCA agent]
Agent Phone	[A COMPLETER : numero accessible US business hours OU service externe DMCA agent.com inclut]
USPTO Registration	[A COMPLETER : numero filing USPTO DMCA Designated Agent Directory dmca.copyright.gov/osp -- a faire post-Stripe Atlas LLC formation, /3 ans, renouvelable]
Date of Designation	[A COMPLETER : jour soumission USPTO]

Pursuant to 17 U.S.C. section 512(c)(2): the designated agent is the sole entity authorized to receive DMCA notifications on behalf of TIVERA LLC. Notifications sent to other addresses (contact, privacy, support) will be forwarded to [email protected] but the official 48h timer starts only upon receipt by the designated agent.

3. DMCA Notification Procedure (Takedown Notice)

3.1 Required format (17 U.S.C. section 512(c)(3)(A))

Any DMCA notice sent to TIVERA LLC must be written (email accepted) and include the following 6 mandatory elements. An incomplete notice will be returned to the sender with a request for completion -- no action is taken as long as the notice is not complete and compliant.

Signature (physical or electronic) of the person authorized to act on behalf of the holder of the exclusive copyright allegedly infringed.
Identification of the copyrighted work whose infringement is alleged (title, US Copyright Office registration number if applicable, or detailed description allowing unique identification).
Identification of the infringing material or infringing references to be removed / disabled, and information reasonably sufficient to enable TIVERA LLC to locate the material: specific URL, unique identifier, screenshot, timestamp.
Reasonable information about the notifier: full name, postal address, telephone, email.
Good faith statement: the use of the material in the manner alleged is not authorized by the rights holder, its agent, or the law.
Statement under penalty of perjury: that the information in the notice is accurate and that the notifier is authorized to act on behalf of the holder of the exclusive rights allegedly infringed.

3.2 DMCA notice template (English -- recommended for legal validity US)

  To: DMCA Agent, TIVERA LLC
  Email: [email protected]
  Subject: DMCA Takedown Notice -- [Brief description of work]

  Date: [YYYY-MM-DD]

  I, [Full Name], am the [copyright owner / authorized agent of the copyright owner] of the work described below.

  1. Copyrighted work allegedly infringed:
     - Title: [Title]
     - US Copyright Registration: [TX0001234567, optional]
     - Description: [Detailed description for unique identification]

  2. Material allegedly infringing:
     - URL or precise location: [URL / Xtream stream URL / M3U entry / EPG XMLTV reference]
     - Screenshot or evidence attached: [yes/no]
     - Timestamp of observed infringement: [YYYY-MM-DD HH:MM:SS UTC]

  3. My contact information:
     - Full Name: [Name]
     - Postal Address: [Full address with country]
     - Telephone: [+CC.NNN.NNN.NNNN]
     - Email: [[email protected]]

  4. I have a good faith belief that the use of the material described above is not authorized by the copyright owner, its agent, or the law.

  5. I swear, under penalty of perjury, that the information in this notification is accurate, and that I am the copyright owner, or am authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.

  6. Signature: [Electronic signature: typed full name -- or scanned handwritten signature attached]

  --- END OF NOTICE ---

3.3 Submission channel

Email: [email protected]

Postal copy (optional, keeps a record in case of dispute): [A COMPLETER : adresse DMCA agent registree USPTO]

4. TIVERA LLC Response Procedure

4.1 Receipt + acknowledgment

The designated DMCA agent acknowledges receipt by email within 24 hours (business days US Eastern Time) with:

Internal TIVERA case number (format TVR-DMCA-YYYY-NNNN)
Confirmation that the notice is under review
Notification if the notice is incomplete (with list of missing elements per 17 U.S.C. section 512(c)(3)(A))

4.2 Evaluation + decision

Within 48 hours (business days) following receipt of a complete notice, TIVERA LLC:

Case A: the notice targets content outside the scope of TIVERA LLC (majority case for BYOC player)

Response to the notifier: -- TIVERA LLC is a generic BYOC player that neither hosts nor distributes the content allegedly infringed. The material resides on the third-party operator Xtream / M3U server that you must contact directly. Cf. Safe Harbor 17 U.S.C. section 512(c). --
Provision to the notifier of the public WHOIS headers of the targeted Xtream / M3U server (information already publicly accessible) if explicitly requested -- no access to the Xtream URLs imported by users (zero log on the TIVERA backend side).
No takedown on the TIVERA LLC side (nothing to remove).

Case B: the notice targets content actually hosted or distributed by TIVERA LLC (rare -- e.g. app store marketing screenshots)

Immediate takedown of the targeted content (removal of Play Store listing, deletion of tivera.tv page, etc.)
Notification to the -- subscriber alleged -- (hypothetical case on a future user-uploaded content backend) with possible counter-notification (cf. paragraph 5)
Internal documentation of the case TVR-DMCA-YYYY-NNNN

Case C: the notice is manifestly meritless / fraudulent / abusive (e.g. 17 U.S.C. section 512(f) misrepresentation)

Rejection of the notice with written justification
Documentation of the case for evidence in case of dispute (the notifier may be sued for misrepresentation per section 512(f))

4.3 Notification to the notifier

Whatever the decision (A, B, or C), TIVERA LLC notifies the notifier by email within 48 hours business, with written justification and a reminder of the possible remedies (counter-notification, judicial action, ODR EU if applicable).

5. Counter-notification (Counter-notification, 17 U.S.C. section 512(g))

If a User has had their content (hypothetical case B) removed following a DMCA notice and disputes this removal in good faith, they may send a counter-notification including:

Signature (physical or electronic) of the User
Identification of the material removed or disabled, and the location where it was before removal
Statement under penalty of perjury that the User has a good faith belief that the material was removed by mistake or as a result of misidentification
Full name, address, telephone, email of the User
Consent to the jurisdiction of the federal district court of the judicial district where the User's address is located (or any judicial district where TIVERA LLC may be found if the User is outside the US), AND consent to accept service of process from the person who provided the original notification

5.1 Effect of the counter-notification

If a valid counter-notification is received by TIVERA LLC:

Notification of the original notifier within 10 business days
Restoration of the material within 10 to 14 business days following receipt of the counter-notification, unless the original notifier notifies TIVERA LLC of a judicial action filed within this time frame

5.2 Counter-notification template (English)

  To: DMCA Agent, TIVERA LLC
  Email: [email protected]
  Subject: DMCA Counter-Notification -- [Case TVR-DMCA-YYYY-NNNN]

  Date: [YYYY-MM-DD]

  Re: TVR-DMCA-YYYY-NNNN [Case number from acknowledgment email]

  1. Identification of removed material:
     - Description: [What was removed]
     - Location before removal: [URL / Path]

  2. Under penalty of perjury, I have a good faith belief that the material was removed or disabled as a result of mistake or misidentification.

  3. My contact information:
     - Full Name: [Name]
     - Postal Address: [Full address with country]
     - Telephone: [+CC.NNN.NNN.NNNN]
     - Email: [[email protected]]

  4. I consent to the jurisdiction of the federal district court for the judicial district in which my address is located, OR if my address is outside the United States, for any judicial district in which TIVERA LLC may be found (i.e. District of Wyoming). I also consent to accept service of process from the person who provided the original DMCA notification or an agent of such person.

  5. Signature: [Electronic signature: typed full name -- or scanned handwritten signature attached]

  --- END OF COUNTER-NOTIFICATION ---

6. Repeat Infringer Policy (17 U.S.C. section 512(i)(1)(A))

6.1 Policy

TIVERA LLC adopts a repeat infringer policy: any User identified as a notorious repeat offender will be terminated.

6.2 Practical application to the TIVERA BYOC model

The BYOC model complicates the identification of a -- repeat infringer -- on the TIVERA side because:

TIVERA LLC does NOT log the Xtream / M3U URLs imported by users (zero backend log)
Since the infringing streams reside on third-party servers, TIVERA LLC cannot identify a specific TIVERA user via the infringing URL alone

Exploitable cases for identifying a repeat infringer:

Repeated counter-notifications (3+) deemed fraudulent or misrepresentation per section 512(f)
Observable abusive behavior on the TIVERA side (repeated chargebacks, multi-device abuse, harassing support emails) correlated with recurring DMCA notices on the same account
Judicial request or subpoena (17 U.S.C. section 512(h)) identifying a specific TIVERA user

6.3 Repeat infringer termination procedure

Warning email 1st notice (User receives warning + link to Terms + DMCA policy)
Warning email 2nd notice (within 12 months): formal warning + temporary 30-day suspension
3rd notice or manifest pattern (within 12 months): definitive termination without refund (5.3 + 12 Terms)

The notice counter is kept for a 12-month rolling window. After 12 months without a new notice, the counter resets.

7. Misrepresentation -- 17 U.S.C. section 512(f)

Any person who knowingly materially misrepresents that:

Material or activity is infringing (false DMCA notice), OR
Material or activity was removed or disabled by mistake or misidentification (false counter-notification)

is liable to incur damages toward the injured parties, including TIVERA LLC, the alleged copyright holder, and the Users concerned -- damages include attorney fees and costs (cf. case Lenz v. Universal 2015, 9th Cir.).

TIVERA LLC reserves the right to sue any party sending notices or counter-notices that are manifestly fraudulent or abusive.

8. Non-US Equivalents (EU, UK, Morocco)

8.1 European Union -- LCEN (France) + DSA (EU)

LCEN Art. 6-I-2 (France): transposition of Directive 2000/31/CE Art. 14. TIVERA LLC as a host (hypothesis for case B hosting marketing screenshots):

Effective knowledge of the unlawful nature required -> removes promptly within 24h (Hadopi / TGI Paris case law)
Notification must be formal with the elements required by Art. 6.I.5 LCEN (identification of notifier + material + legal basis + screenshot)

EU DSA (Regulation (UE) 2022/2065):

TIVERA is an intermediary service (Art. 3.g.i) outside VLOP (Very Large Online Platform, < 45M MAU EU)
Notice-and-action mechanism Art. 16 DSA + transparency reports Art. 24 (not mandatory for services outside VLOP < 50 employees)
Trusted flagger access Art. 22 (prioritizes notices from entities accredited by DPA / CSAM hotline)

TIVERA LLC is NOT an OCSSP (Online Content-Sharing Service Provider) within the meaning of Art. 2.6 -- TIVERA neither organizes nor optimizes nor promotes the content uploaded by users
Art. 17 DSM not applicable to TIVERA

8.2 United Kingdom (post-Brexit)

Electronic Commerce (EC Directive) Regulations 2002 -- hosting safe harbor preserved post-Brexit
Digital Economy Act 2017 -- notice-and-takedown procedure comparable to DMCA
Contact via the same [email protected]

8.3 Morocco -- Loi 09-08 + Loi 02-00 (copyright)

Bureau Marocain du Droit d Auteur (BMDA): official copyright notice body in Morocco
TIVERA LLC responds to BMDA notices / Moroccan rights holders within the same 48h time frame via [email protected]

9. DMCA Subpoena (17 U.S.C. section 512(h))

A US rights holder may obtain a subpoena from the federal district court requiring TIVERA LLC to identify a specific User presumed to be an infringer.

9.1 Conditions

The 512(h) subpoena must be:

Signed by the clerk of the federal district court
Accompanied by a valid preliminary DMCA notice (cf. paragraph 3)
Accompanied by a sworn declaration that the requested information will be used ONLY to enforce the copyright

9.2 TIVERA LLC Response

Upon receipt of a valid subpoena:

Verification of the authenticity of the court clerk signature + completeness of documents
Notification to the targeted User if possible (except in the case of a judicial gag order)
Provision of the requested information within the strict scope of the subpoena (typically: registered email + IP of the connection session + timestamps)
Note: TIVERA LLC does NOT log the Xtream / M3U URLs imported by users -> under subpoena, TIVERA can provide ONLY account email + PocketBase session IPs (anti-fraud rate-limit window, short retention) + devices collection (device identifier derived from the SSAID, model name, lastSeenMs) -- not the imported M3U sources (technically impossible, the self-hosted backend in Morocco never receives them)

9.3 Limits

TIVERA LLC will not respond to a subpoena that:

Is manifestly an abuse of process (cf. Recording Industry v. Verizon 2003)
Falls outside the scope of DMCA section 512(h) (requires a valid preliminary copyright claim, not for non-copyright torts)
Violates US constitutional protections (First Amendment anonymous speech protection)
Concerns Users outside US jurisdiction without a valid MLAT (Mutual Legal Assistance Treaty)

10. Transparency report (annual)

Although TIVERA LLC is not a VLOP within the meaning of the DSA (and is therefore not formally bound to publish an Art. 24 DSA transparency report), the Editor voluntarily commits to publishing an aggregate annual report on:

Total number of DMCA notices received
Number of notices accepted (case B effective takedown)
Number of notices rejected (case A outside TIVERA scope, or case C abusive)
Number of counter-notifications received
Number of section 512(h) subpoenas received + responses provided
Number of accounts terminated under the repeat infringer policy
BMDA Morocco notices + EU member states authorities

Publication: tivera.tv/transparency-YYYY (calendar year) each January following.

11. DMCA Contact

11.1 Designated Agent (US Copyright Office registered)

Field	Value
Email primary	[email protected]
Postal	[A COMPLETER : adresse DMCA agent USPTO registered, Wyoming]
Phone	[A COMPLETER : business hours US Eastern Time]
USPTO Directory link	[A COMPLETER : dmca.copyright.gov/osp/details/NNNNNN]

11.2 Operations TIVERA LLC

Field	Value
Legal email	[email protected] (si distinct de DMCA)
Mitchou (processor + technical support)	[A COMPLETER : adresse contact pas postale (Maroc resident, ne pas exposer)]

12. Legal sources cited

DMCA Safe Harbor: 17 U.S.C. section 512 (sections (a) transitory, (b) caching, (c) hosting, (d) information location tools, (f) misrepresentation, (g) counter-notification, (h) subpoena, (i) repeat infringer)
DMCA Designated Agent Directory: dmca.copyright.gov/osp
EU e-commerce Directive: Directive 2000/31/CE Art. 14 (hosting safe harbor)
EU DSM Directive 2019/790: Art. 17 OCSSP (NOT applicable to TIVERA)
EU Digital Services Act (DSA): Regulation (UE) 2022/2065 Art. 16 (notice-and-action) + Art. 24 (transparency)
France LCEN: Loi n. 2004-575 du 21 juin 2004 Art. 6-I-2
UK Electronic Commerce Regulations 2002
UK Digital Economy Act 2017
Maroc Loi 09-08: personal data protection (18 February 2009)
Maroc BMDA: Bureau Marocain du Droit d Auteur

Key US case law

Viacom v. YouTube (2nd Cir. 2012) -- safe harbor interpretation for UGC platforms
UMG v. Veoh (9th Cir. 2013) -- knowledge requirement DMCA 512(c)
Lenz v. Universal (9th Cir. 2015) -- fair use consideration before DMCA notice
Recording Industry v. Verizon (D.C. Cir. 2003) -- subpoena 512(h) limited scope
BMG v. Cox (4th Cir. 2018) -- repeat infringer policy enforcement requirement