Freshworks Policy on Reporting Copyright Infringements
Effective Date March 12, 2024
Freshworks (“us”, “our”, or “we”) respects copyright, and expects you (or the entity you represent), and all users of the Freshworks websites (“Websites”) and Freshworks services (“Services”) to do the same. This policy provides information about our policies and procedures regarding the infringement of copyrighted material on our Websites and Services.
Copyright Infringement
If you believe your copyright is being infringed on our Websites or Services, you may provide us with a notice of copyright infringement. Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. §512(c)(2), all notifications of claimed copyright infringement on our Websites or Services should be sent to our Designated Agent.Please do not send other inquiries or notices to our Designated Agent, such as notices of trademark or patent violations, since you will not receive a response from our Designated Agent for inquiries or notices that are unrelated to copyright infringement.We have provided the following information for the exclusive purpose of notifying us if you believe your copyrights are being infringed on our Websites or through our Services.Please consider whether any disputed use constitutes fair use, or if any other unauthorized but protected use of copyrighted material applies before you submit a copyright infringement notice to us.If you have any questions whether materials on our Websites or Services infringe your copyrights, we strongly encourage you to speak to an attorney, since Freshworks cannot provide you with legal advice or advise you about what may (or may not) constitute copyright infringement.To file a copyright infringement notification with us, you must send us a written notice that includes substantially all of the following requirements. If you have any questions about the required content of a copyright infringement notice, you should consult an attorney.If your notice is incomplete, we may be delayed or unable to investigate or respond to your notice. If your notice does not include any information marked as required*, we will not accept your notice.Your information will be used to contact you and to address your copyright infringement claims. Your notice and your contact information may be forwarded to the parties alleged to be in violation of your copyrights.
Copyright Infringement Notices
To report copyright infringement, please click here
Your full legal name*, and a valid address, telephone number, and/or email address*.
A clear and complete identification of the copyrighted work or works claimed to be infringed*. If your notice covers multiple copyrighted works, your notice may include a representative list of the works you believe are being infringed.
An identification of the allegedly infringing materials*, and if applicable, the Website URLs* to where the allegedly infringing materials may be found. The identification should include enough specific information so that we can reasonably locate the allegedly infringing material. General information about the material, such as the Service being used or the usernames of any alleged infringers, will not be sufficient for us to identify the allegedly infringing material or its location.
The statement*: “I 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.”
The statement*: “The information in this notice is accurate, and, under penalty of perjury, I am the copyright owner, or authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.”
An electronic or physical signature* of the copyright owner or the person authorized to act on behalf of the owner. An electronic signature may be provided by typing the person’s full legal name (including first and last names; no company names) at the bottom of the notice.
If you are submitting a copyright infringement notice to remove allegedly infringing materials originating from a third-party website which is cached on our systems, your notice (a) may only be sent after the material has been taken down from the originating website, or where a court has ordered the takedown from that website, and (b) must include a statement confirming that the material has been taken down, or that a court has ordered that the material be taken down from the originating website.If we determine that your notice complies with these requirements, we will act promptly to take down, or disable access to the allegedly infringing material, and notify the alleged infringer with notice that we have taken down the material. If we take down or disable access to content in response to your notice, we may publish your information in place of the disabled content.You are initiating a legal process by sending us a copyright infringement notice. You may be subject to severe legal consequences if you knowingly make a false claim or material misrepresentation that material is infringing, including damages (including court costs and attorneys’ fees) incurred by anyone injured by your claims, such as the alleged infringer, the copyright owner or its licensees, or us.If you are a Freshworks user, submitting false claims may result in suspension or termination of your user account. Do not submit false claims.
Retractions
If you submitted a notice of copyright infringement by mistake, or would otherwise like to retract your notice, please provide us with the following:
The statement*: “I hereby retract my copyright infringement notification.”
A copy of your original copyright infringement notice*. You may also identify your original notice by describing the materials alleged to be infringing, and if applicable, the reference or link to the allegedly infringing materials which you identified in the original copyright infringement notice.
The signature* and full legal name* of the person issuing the retraction. An electronic signature may be provided by typing the person’s full legal name (including first and last names; no company names) at the bottom of the retraction. If you sent your original notice by email, send your retraction from the same email address, otherwise we may not be able to process your retraction.
The date (MM/DD/YYYY)* that you are submitting the retraction.
If your account or any material you uploaded or submitted to a Website or through a Service has been affected by a copyright infringement notification, you may reach out directly to the copyright claimant for a retraction of the original notice.
Counter-Notifications
When we receive a notice of copyright infringement, we will remove or disable access to the allegedly infringing material and notify the alleged infringer.If any of your content is removed or disabled for this reason, and you believe your material is not infringing, or, that you have authorization from the copyright owner, the copyright owner’s agent, or the right under law to use the material in the manner complained about, you may send a counter-notice to our Designated Agent.We have provided the following information for the exclusive purpose of notifying us that you dispute a copyright infringement claim.Only parties who have all the necessary rights to publish, distribute, or otherwise submit the disputed material, or their authorized agents, may submit a counter-notification, and this should only be done if you believe the material was removed or disabled by mistake or misidentification. Do not submit a counter-notification if this does not apply to you.If you have any questions about the required content of a counter-notification, you should consult an attorney. We will not act on incomplete notices.To submit a counter-notification to us, please provide us with the following:
An identification of the material that has been removed or to which access has been disabled*, and the location from where the material appeared before it was removed or access was disabled (e.g. the specific URL for the material formerly on a Website). General information about the material, such as the Service being used or your username, will not be sufficient for us to identify the material or its location.
The statement*: “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
The statement*: “I consent to the jurisdiction of the Federal District Court for the district in which my address is located, or if my address is outside the United States, the judicial district in which Freshworks is located, and will accept service of process from the claimant or claimant’s agent.”
The statement*: “I consent to this counter-notification, including my personal information, to be forwarded to the copyright claimant and/or claimant’s agent.”
Your full legal name*, address, telephone number, and/or email address*, and the username(s) associated with your account.
Your signature*. An electronic signature may be provided by typing your full legal name (including first and last names; no company names) at the bottom of your counter-notification.
You may be subject to severe legal consequences if you knowingly materially misrepresent that material was removed or disabled by mistake or misidentification, including damages (including costs and attorneys’ fees) incurred by anyone who is injured by our reliance on those misrepresentations. Those parties include the alleged infringer, the copyright owner or its licensees, or us.Once we receive a counter-notification, we will forward a copy of the counter-notification, including your personal information, to the party who submitted the claim of copyright infringement.Keep in mind that the original claimant may use the personal information you submit to file a lawsuit against you to keep the material from being restored on our Website or Services.By submitting a counter-notification to us, you consent to having your information revealed in this way. We will not forward your counter-notification to any party other than the original claimant.
Parties Outside the U.S.
If you are a Freshworks user not within the United States, and are responding to a valid international claim that is not brought under the Digital Millennium Copyright Act, you may submit your counter-notification under the above process, or alternatively, with an international counter-notification.You should understand that filing a counter-notification may lead to legal proceedings between you and the complaining party.There may be adverse legal consequences in your country if you make false or bad faith allegations through this process. If you are unsure whether material infringes the copyrights of other, please first contact a lawyer before proceeding. An international counter-notification must include the following:
An identification of the material that has been removed or to which access has been disabled*, and the location from where the material appeared before it was removed or access was disabled (e.g. the specific URL for the material formerly on a Website).
The statement*: “I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
The statement*: “I will accept service of process from the person who provided Freshworks with the original copyright complaint, or an authorized agent of such person.”
Your full legal name*, address, telephone number, and/or email address*, and the username(s) associated with your account.
A physical or valid electronic signature*. An electronic signature may be provided by typing your full legal name (including first and last names; no company names) at the bottom of your counter-notification.
We can only accept a counter-notification directly from the user from whose account the allegedly infringing content has been removed or has had its access disabled. For our verification purposes, counter-notifications sent by email should be submitted from the email address associated with your account.
Restoring Material
Once a counter-notification is sent to a copyright claimant, that party has ten (10) business days to respond with evidence that they have initiated a court action to keep the material from being restored.We are required to wait for this period before we can restore the disputed material. If we do not receive a response from the original claimant, we may, in our sole discretion, reinstate the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days from the day we received the counter-notification.
Notices:
All notices under this policy should be submitted through the form in the Copyright Infringement Notices section.
Termination Policy
Please be advised that we have the right to adopt and enforce a policy of termination in appropriate circumstances of users who are repeat infringers.
Disclaimer
Please be advised that any person who knowingly materially misrepresents that material is infringing, or who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability for damages. If you are unsure whether materials on our Websites or Services infringe upon the copyrights of others, please consult a lawyer before proceeding with any notice to us.