Digital Millennium Copyright Act (DMCA) Compliance Policy

Effective Date: September 8, 2025

1. Introduction

Forex Kite (“Company,” “we,” “us,” or “our”) respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”), the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, we will respond expeditiously to claims of copyright infringement committed using the Forex Kite service and/or the Forex Kite website (the “Site”) if such claims are reported to our Designated Copyright Agent identified in the sample notice below.

This policy outlines the procedures for copyright holders to notify us of claimed infringement, for users to submit a counter-notice if they believe their content was wrongly removed, and our policy regarding repeat infringers.

2. Designated Copyright Agent

Pursuant to the DMCA, we have designated an agent to receive notifications of claimed copyright infringement. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via our service, please notify our copyright agent.

Designated Copyright Agent:

• Email Address: [email protected]
• Mailing Address: Pariser Platz 5, 10117 Berlin, Germany.

3. Requirements for a Takedown Request (Notification of Infringement)

To be effective, a notification of claimed infringement must be a written communication provided to our Designated Copyright Agent that includes substantially the following:

1. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
2. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material. This must include, at a minimum, the specific URL(s) of the web pages where the allegedly infringing material is located.
3. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
4. 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.”
5. A statement that the “information in the notification 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.”
6. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Failure to include all of the above information may result in a delay in processing your DMCA notification.

4. Counter-Notice Procedure

If you believe that material you posted on the Site was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice”) by submitting a written communication to our Designated Copyright Agent. To be effective, the Counter-Notice must include substantially the following:

1. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
2. 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.
3. Your name, address, telephone number, and email address.
4. A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Site may be found) and that you will accept service of process from the person who provided the original notification of infringement or an agent of such person.
5. Your physical or electronic signature.

Upon receipt of a valid Counter-Notice, we will promptly provide the person who provided the original infringement notification with a copy of the Counter-Notice, and inform that person that we will replace the removed material or cease disabling access to it in 10 business days. We will replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the Counter-Notice, unless our Designated Copyright Agent first receives notice from the person who submitted the original infringement notification that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on our system or network.

5. Safe Harbor Conditions

Forex Kite claims protection under the safe harbor provisions of the DMCA for user-posted content. Our liability is limited on the condition that we:

• Do not have actual knowledge of the infringing activity.
• Are not aware of facts or circumstances from which infringing activity is apparent.
• Upon obtaining such knowledge or awareness, act expeditiously to remove or disable access to the material.
• Do not receive a financial benefit directly attributable to the infringing activity, in a case in which we have the right and ability to control such activity.
• Respond expeditiously to remove or disable access to material claimed to be infringing upon receipt of a compliant DMCA notice.

6. Repeat Infringer Policy

In accordance with Section 512(i)(1)(A) of the DMCA, Forex Kite will, in appropriate circumstances, disable and/or terminate the accounts of users who are repeat infringers. We reserve the right to define the criteria for what constitutes a “repeat infringer” and to terminate user accounts based on a single instance of egregious infringement or on a history of valid infringement notices.

7. Record Retention

Forex Kite will retain all records related to DMCA notifications and counter-notifications for a period of at least three (3) years. This includes the original notices, any correspondence, and records of our actions taken in response.

8. Indemnification Carve-Out

This policy does not alter, waive, or limit any rights or remedies Forex Kite may have to indemnification under our Terms of Service or any other agreement with our users. Users who post content are responsible for that content and may be held liable for damages, costs, and attorneys’ fees incurred by us as a result of a copyright infringement claim arising from their content.

9. Severability

If any provision of this DMCA Compliance Policy is held to be invalid or unenforceable, the remaining provisions will continue to be valid and enforceable.

10. Governing Law

This Policy and all matters related to it shall be governed by the laws of the United States and the State of California, without regard to conflict of law principles. Any legal action or proceeding relating to this Policy will be brought exclusively in the federal or state courts of the Northern District of California.

11. Revision History

• Version 1.0: September 8, 2025 – Initial Policy Drafted.

This policy is intended to comply with the procedures set forth in the DMCA and does not constitute legal advice. Copyright owners and users should consult with their own legal counsel to understand their rights and obligations under the DMCA and other applicable laws.