Copyright & DMCA Policy

Last updated: [TBD] · This is a working draft pending legal review.

1. Overview

Coded B.V. ("Coded", "we", "us", "our") operates an international commerce platform on which merchants run one or more branded online shops, sites, and other projects (together, "projects") under their Organization. We respect the intellectual property rights of others and expect everyone who uses our platform to do the same.

This Copyright & DMCA Policy explains how rights holders can report content that they believe infringes their copyright, how merchants and other users can respond, and how we handle repeat infringement. It is written to satisfy the notice-and-takedown framework of the United States Digital Millennium Copyright Act ("DMCA", 17 U.S.C. § 512) while also serving as our general copyright complaint procedure for rights holders in the Netherlands, the European Union, and any other jurisdiction. Because Coded operates globally, we apply a single, consistent process to all copyright complaints, regardless of where the reporter or the content is located.

This Policy forms part of, and should be read together with, our Terms of Service and Acceptable Use Policy. Capitalized terms not defined here have the meaning given in those documents.

2. Scope

This Policy applies to content stored, hosted, displayed, or transmitted through the Coded platform at the direction of users — for example, product images, product descriptions, page copy, media files, logos, and other materials that merchants or their collaborators upload to their projects.

This Policy concerns copyright complaints. Complaints about other matters are handled through separate channels:

• Trademark disputes, impersonation, and brand misuse — contact us at legal@coded.eu.
• Counterfeit, unsafe, or illegal goods, and other Acceptable Use violations — see our Acceptable Use Policy.
• Privacy and personal-data requests — see our Privacy Policy and contact privacy@coded.eu.

We will not act on a copyright notice that is in substance a trademark, defamation, or general business dispute; we will redirect those reports to the correct channel.

3. How to Submit a Copyright Infringement Notice

If you are a copyright owner, or someone authorized to act on behalf of a copyright owner, and you believe that content available through the Coded platform infringes your copyright, you may submit a written notice (a "Notice") to our Designated Agent (see Section 8).

We strongly prefer notices submitted by email or through our online form so that we can process them quickly, but we will accept notices sent to the postal address of the Designated Agent.

3.1 Required Elements of a Notice

To be valid and actionable, your Notice must include all of the following. These elements track 17 U.S.C. § 512(c)(3); an incomplete Notice may not be a valid basis for action and may delay our response.

1. Your physical or electronic signature (typing your full legal name in an email or form submission counts as an electronic signature).
2. Identification of the copyrighted work you claim has been infringed. If multiple works are covered by a single Notice, a representative list of those works.
3. Identification of the infringing material and information reasonably sufficient to let us locate it — ideally the exact URL(s) of the project page, shop, or file in question, plus a short description.
4. Your contact information — your full name, mailing address, telephone number, and email address.
5. A good-faith-belief statement — a statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. An accuracy and authority statement, under penalty of perjury — a statement that the information in the Notice is accurate, and that you are the copyright owner or are authorized to act on the owner's behalf.

3.2 Things to Know Before You File

• Consider fair use and other defenses. Not all use of copyrighted material is infringing. Quotation, commentary, comparison, and other limited uses may be lawful under fair use (US), the EU copyright exceptions, or comparable doctrines in other jurisdictions. Please consider whether an exception applies before you send a Notice.
• Misrepresentation has consequences. Under 17 U.S.C. § 512(f), a person who knowingly materially misrepresents that material is infringing may be liable for damages, including costs and legal fees. We may also pursue remedies, and may decline future notices, in cases of abusive or bad-faith reporting. Comparable liability for wrongful or abusive complaints may exist under the law of other jurisdictions.
• You may be contacted. We may forward your Notice (including your identifying information) to the affected user so they can respond, and we may publish or share the Notice with third parties such as transparency-reporting databases, with identifying personal details redacted where appropriate and consistent with our Privacy Policy.

4. What Coded Does After Receiving a Valid Notice

When we receive a Notice that appears to satisfy the requirements above, we will:

1. Review the Notice for completeness and obvious deficiencies.
2. Act expeditiously to remove or disable access to the identified material, which may include unpublishing a page, removing a file, or restricting a project.
3. Notify the affected user (typically the merchant or Organization owner) that the material has been removed or disabled in response to a copyright complaint, and provide them a copy of the Notice or its substance so they can submit a Counter-Notice if appropriate.

Removing or disabling content under this Policy does not in itself resolve a merchant's payment obligations and does not entitle the merchant to a refund of subscription fees. Coded does not charge a platform fee on merchant payment transactions; payment processing is handled by our processors (Stripe and Mollie), and any processing-related questions follow those processors' own procedures.

We may, where reasonable, take less drastic measures (for example, contacting the merchant first) when the complaint relates to a minor or ambiguous issue, but we are not obligated to do so and will err toward protecting rights holders.

5. Counter-Notice (Responding to a Takedown)

If your content was removed or disabled and you believe this was a mistake or a misidentification — for example, because you own the rights, are licensed, or your use is lawful under an applicable exception — you may submit a written counter-notification (a "Counter-Notice") to our Designated Agent.

5.1 Required Elements of a Counter-Notice

To be valid, your Counter-Notice must include all of the following (tracking 17 U.S.C. § 512(g)):

1. Your physical or electronic signature.
2. Identification of the material that was removed or disabled, and the location at which it appeared before removal (for example, the URL).
3. A statement, under penalty of perjury, that you have a good faith belief the material was removed or disabled as a result of mistake or misidentification.
4. Your contact information — full name, mailing address, and telephone number.
5. A consent-to-jurisdiction statement — 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 your address is outside the United States, for any judicial district in which Coded may be found (which, for international users, may include the courts of Amsterdam, the Netherlands), and that you will accept service of process from the person who filed the original Notice or that person's agent.

5.2 What Happens After a Counter-Notice

When we receive a valid Counter-Notice, we will promptly forward a copy to the person who submitted the original Notice. Unless that person notifies us within ten (10) business days that they have filed a court action seeking to restrain the allegedly infringing activity, we may restore the removed material in not less than ten (10) and not more than fourteen (14) business days after we receive the Counter-Notice.

Submitting a Counter-Notice means your identifying information will be shared with the original complainant. As with Notices, knowingly materially misrepresenting that material was removed by mistake or misidentification may give rise to liability under 17 U.S.C. § 512(f) and comparable provisions elsewhere.

For complaints handled outside the formal DMCA framework (for example, complaints made under Netherlands or EU copyright law), we apply an equivalent counter-statement and review process: the affected user may dispute the removal in writing, we will weigh the submissions of both parties, and we will restore content where the dispute indicates the removal was not justified.

6. Repeat-Infringer Policy

Coded maintains and reasonably implements a policy of terminating, in appropriate circumstances, the accounts of users — including merchants and Organizations — who are repeat infringers.

• We record copyright complaints associated with a user's account.
• A user who is the subject of repeated, substantiated copyright complaints may have individual projects suspended and may have their Organization account terminated.
• "Appropriate circumstances" are assessed case by case, taking into account the number and credibility of complaints, whether valid Counter-Notices were filed, the seriousness of the infringement, and any pattern of abuse.
• We may suspend or terminate accounts immediately where the infringement is egregious or where required by law, without prior warning.

Termination for repeat infringement does not relieve the user of obligations accrued before termination and does not entitle the user to a refund of subscription fees, except where required by mandatory law.

7. Data Hosting and Transparency

Content and complaint records relating to the platform are hosted on infrastructure located in the European Union (Frankfurt, Germany), which we consider a benefit for security and data protection. Our handling of any personal data contained in Notices and Counter-Notices is governed by our Privacy Policy, which applies privacy-by-design principles and universal privacy rights across jurisdictions. We do not sell or share personal data from copyright complaints for cross-context behavioural advertising.

We may retain copies of Notices, Counter-Notices, and related records for as long as reasonably necessary to operate this Policy, comply with legal obligations, and defend our legal interests.

8. Designated Agent

Coded's Designated Agent to receive Notices and Counter-Notices of claimed copyright infringement is:

• Designated Agent: Coded B.V., Legal Department — legal@coded.eu
• Company: Coded B.V.
• Address: De Taling 15, 2761 SL Zevenhuizen, The Netherlands
• Email: legal@coded.eu
• Online form: [TBD]

Please send copyright-specific correspondence to the Designated Agent. Notices and Counter-Notices sent to unrelated addresses may not receive a timely response.

9. Governing Law and Jurisdiction

This Policy and any dispute arising out of or relating to it are governed by the laws of the Netherlands, and the courts of Amsterdam, the Netherlands have jurisdiction, except:

• the DMCA-specific procedures and the counter-notification jurisdiction statement in Section 5 operate as described, in line with US law; and
• nothing in this Policy deprives a user or rights holder of the protection of mandatory consumer, copyright, or data-protection law of their own country of residence where that law applies and cannot be excluded by agreement.

This carve-out reflects that Coded serves users and rights holders worldwide.

10. Changes to This Policy

We may update this Policy from time to time to reflect changes in law, our platform, or our procedures. When we make material changes, we will update the "last updated" date and, where appropriate, notify affected users. Continued use of the platform after an update means you accept the revised Policy.

Contact

For copyright Notices and Counter-Notices, contact the Designated Agent named in Section 8 at legal@coded.eu.

For related matters:

• Security issues: security@coded.co
• Privacy and personal-data requests: privacy@coded.eu
• General legal correspondence: legal@coded.eu

Coded B.V. — registered in the Netherlands. KvK: 42027097 · VAT: NL869368795B01 · Registered office: De Taling 15, 2761 SL Zevenhuizen, The Netherlands. Effective date: 11 June 2026.