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Copyright Policy

Last updated: [DATE OF PUBLICATION]

Draft, not yet in effect. This policy is pending legal review and the registration of our designated agent with the US Copyright Office. The agent details below are placeholders.

Tutorify is provided by Smart Ed. LLC ("Tutorify," "we," "us"). We respect the intellectual property rights of others and expect the instructors, students, and institutions who use Tutorify to do the same.

This page explains how to tell us about material on Tutorify that you believe infringes your copyright, how a user can respond if their material was removed by mistake, and how we deal with repeat infringers. It forms part of our Terms of Service (Section 8).

Content on Tutorify is uploaded by instructors and other authorized users of a course. It is processed by Smart Ed. LLC and its listed sub-processors, including its AI inference provider, solely to provide the service. Within Tutorify it is available only to signed-in members of that course, and it is not published to the public. It is never used to train or fine-tune any AI model.

Designated agent

We respond to notices of claimed infringement under the Digital Millennium Copyright Act, 17 U.S.C. § 512. Send notices to our designated agent:

Designated agent[AGENT NAME OR TITLE, as registered — NTB-11]
Service providerSmart Ed. LLC (Tutorify, tutorify.ai)
Postal address[POSTAL ADDRESS, as registered — NTB-11]
Telephone[TELEPHONE, as registered — NTB-11]
Email[EMAIL, as registered — NTB-11]

Our designation is on file in the US Copyright Office’s DMCA Designated Agent Directory [REGISTRATION NUMBER — NTB-11]. Please send only copyright notices and counter-notices to the agent; for anything else, see Contact below.

How to send a notice of claimed infringement

Your notice must be in writing and must include the following (17 U.S.C. § 512(c)(3)(A)):

  1. A physical or electronic signature of the copyright owner or of a person authorized to act on the owner’s behalf.
  2. Identification of the copyrighted work you claim has been infringed or, if several works are covered by one notice, a representative list of them.
  3. Identification of the material you claim is infringing, with enough information for us to locate it. The URL of the course or document is the most useful.
  4. Your contact information: name, postal address, telephone number, and 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.

Tutorify is used for teaching at colleges and universities, and some uses of copyrighted material in teaching are permitted by law, for example as fair use (17 U.S.C. § 107) or under the TEACH Act (17 U.S.C. § 110(2)). Please consider whether the use you are reporting may be authorized before you send a notice.

If a notice is missing some of these elements, we may write back asking for the missing information before we act on it.

What happens after we receive a valid notice

  • We remove or disable access to the material identified in the notice, including the copies the Service keeps for search and retrieval.
  • We tell the user who uploaded it what was removed, why, and how to send a counter-notice. For accounts provided by an institution, we may also notify the institution’s administrator.
  • We record a strike against the uploader’s account under the repeat-infringer policy below.

We may also act without a notice where infringement is apparent to us.

Counter-notice: if your material was removed by mistake

If material you uploaded was removed and you believe that happened because of a mistake or misidentification, you may send a counter-notice to our designated agent. It must be in writing and must include the following (17 U.S.C. § 512(g)(3)):

  1. Your physical or electronic signature.
  2. Identification of the material that was removed or disabled, and where it appeared before removal (for example, the course and document name or URL).
  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.
  4. Your name, address, and telephone number, and 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 Smart Ed. LLC may be found, and that you will accept service of process from the person who sent the original notice or that person’s agent.

Please note: we will send a copy of your counter-notice, including your contact details, to the person who sent the original notice.

When we receive a valid counter-notice, we will promptly forward a copy to the person who sent the original notice and tell them that we will restore the material in 10 business days. We will restore the material, or re-enable access to it, no less than 10 and no more than 14 business days after we receive the counter-notice, unless our designated agent first receives notice from the original complainant that they have filed an action seeking a court order to restrain you from the infringing activity.

If the material is restored, the strike recorded for it is withdrawn.

Misrepresentation

Under 17 U.S.C. § 512(f), anyone who knowingly and materially misrepresents that material is infringing, or that material was removed or disabled by mistake or misidentification, may be liable for damages, including costs and attorneys’ fees. If you are not sure whether material infringes your rights, or whether it was removed by mistake, you may wish to speak to a lawyer before sending a notice or counter-notice.

Repeat-infringer policy

Tutorify respects intellectual property rights and expects users to do the same. When we receive a valid notice of claimed infringement, or otherwise learn that material on the Service infringes, we will remove or disable access to it and notify the user who uploaded it. Each valid removal counts as a strike. Accounts that receive three strikes within any 12-month period will be terminated. We may terminate an account after a single incident where the infringement is clear and serious, such as uploading a complete commercial work for distribution. A strike is withdrawn if the material is restored after a valid counter-notice. Terminated users may not open new accounts or use the Service through another person’s account.

For accounts provided by an institution, we will tell the institution when we suspend or terminate one of its users under this policy.

Contact

  • Formal notices and counter-notices: our designated agent, using the details above.
  • Questions about this policy or about copyright on Tutorify: copyright@tutorify.ai
  • Other legal correspondence: info@tutorify.ai

We may update this policy. The date at the top of this page shows when it last changed.

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