1. Overview
efficiently respects the intellectual property rights of others and responds promptly to notices of alleged infringement that meet the requirements of the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(3).
This Policy explains how efficiently handles copyright, trademark, and other intellectual property matters regarding content in or connected to our services. This Intellectual Property and DMCA Policy (“IP Policy”) applies to all users of efficiently’s services, whether you access the services under a Master Platform and Services Agreement, under the Service Terms, or another written agreement with Efficiently (your “Terms”). The IP Policy supplements your Terms but does not give you rights or remedies, or impose obligations on Efficiently, beyond your Terms.
2. Ownership and Roles in the Services
As applicable, efficiently’s services organize communications, decisions, design intent, project records, and related content for reference, informational, and project coordination purposes. efficiently does not create or modify construction project schedules, construction source documents, plans, blueprints, engineering drawings, shop drawings, specifications, or other authoritative project documents, and does not provide design, engineering, construction management, legal, financial, safety, or other professional advice.
You keep the rights you already have in content you submit to or connect with efficiently’s services, subject to your Applicable Terms and third-party rights. If you are a Customer under a written agreement with efficiently, this includes Customer Data, DPA Data, and your source materials. If you use the services under the Service Terms, this includes your User Content. efficiently and its licensors keep all rights in efficiently’s services, technology, documentation, software, AI features, models, algorithms, workflows, tools, methodologies, usage and operational data, improvements, and related intellectual property, except for rights expressly granted to you in your Applicable Terms.
3. Your Responsibility for Content
You are responsible for the content you submit to, upload to, connect with, or generate through our services. You must have the rights, permissions, consents, notices, and legal authority needed for Efficiently and our service providers to host, process, display, transmit, and otherwise use that content as allowed by your Terms. This includes content submitted by your authorized users or through integrations you enable.
4. No General Monitoring; Right to Act
efficiently is not obligated to monitor content proactively. efficiently may, however, monitor use of the applicable services and may remove or disable access to content, suspend or restrict accounts, users, features, or integrations, or take other action if efficiently believes, in its sole discretion, that content or use violates applicable law, third-party rights, this IP Policy, the Applicable Terms, or creates security, legal, operational, reputational, or business risk. Efficiently shall have no liability to any user, Customer, or third party for any action taken in good faith pursuant to this Section 4.
5. How to Submit an IP Notice
Notices of alleged copyright infringement or other intellectual property violations should be directed to efficiently’s designated contact at the following address:
Email: sucess@efficiently.com
Mail: Efficiently, LLC – DMCA Agent, c/o Cogency Global Inc., 850 New Burton Road, Suite 201, Dover, DE 19904
Please include in the subject line “IP Notice – Copyright,” “IP Notice – Trademark,” or “IP Notice – Other Rights,” as applicable.
For copyright claims, the notice should include: the claimant’s full name, company, role, address, telephone number, and email address; the claimant’s physical or electronic signature; identification of the copyrighted work claimed to have been infringed, or a representative list if multiple works are involved; identification of the allegedly infringing material and information reasonably sufficient to locate it in the applicable services; a statement that the claimant has a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and a statement that the information in the notice is accurate and, under penalty of perjury, that the claimant is the owner or authorized to act on behalf of the owner.
For trademark claims, the notice should identify the rightsholder, the mark, any relevant registration details or basis for unregistered rights, the challenged use and its location in the applicable services, and the reason the claimant believes the use infringes or otherwise violates the claimant’s rights.
For other rights, including confidentiality, trade secret, privacy, publicity, contractual, or similar claims, the notice should explain the right at issue, why the use is unlawful or unauthorized, and the specific content and location at issue, with supporting documentation where reasonably available.
Submitting a false, misleading, or abusive notice may have legal consequences, including liability for damages under 17 U.S.C. § 512(f). The claimant agrees to indemnify and hold harmless efficiently from any claims, damages, costs, and expenses (including reasonable attorneys’ fees) arising from a materially false or misleading notice. Efficiently may disclose notices to the affected Customer, User, account owner, content provider, or other relevant person, and may redact information where efficiently determines redaction is appropriate or legally required.
6. Response to Notices
efficiently reviews notices for completeness, plausibility, and sufficient information to locate the identified material. Efficiently may request clarification or additional information before taking action. While efficiently reviews a notice, efficiently may remove, restrict, disable access to, or preserve the identified material if efficiently determines that action is appropriate or required by law, this Policy, or your Terms.
efficiently may notify the affected Customer, User, account owner, content provider, or other relevant person of the notice and may provide a copy or summary of the notice, including the claimant’s contact information, unless efficiently determines that withholding or redacting information is appropriate or legally required.
If the claim appears valid and efficiently does not receive an adequate counter-notice or other response within ten (10) business days following efficiently’s notification to the affected user, efficiently may permanently remove or disable access to the material and may take account, user, feature, or integration measures consistent with your Terms.
7. Counter-Notifications and Appeals
A user who believes that material was removed or disabled in error may submit a counter-notice as allowed by applicable law. A counter-notice must comply with the requirements of 17 U.S.C. § 512(g) and be sent to efficiently's designated DMCA agent at the address set forth above and include: the user’s full name, company, role, address, telephone number, and email address; identification of the material removed or disabled and where it appeared before removal; a statement under penalty of perjury that the user has a good-faith belief the material was removed or disabled because of mistake or misidentification; the user’s consent to the jurisdiction and service-of-process requirements applicable under the DMCA; and the user’s physical or electronic signature. Upon receipt of a valid counter-notice, efficiently will promptly forward a copy to the original claimant and inform the claimant that the removed material may be restored in not less than ten (10) business days. If efficiently does not receive notice that the claimant has filed a court action seeking to restrain the disputed use within fourteen (14) business days after receipt of the counter-notice, efficiently may, in its discretion, restore access to the removed material. For non-copyright claims or moderation decisions, efficiently may consider appeals or additional information in accordance with law and your Terms, but is not obligated to restore content or reverse any action taken.
8. Repeat Infringers
efficiently may, in appropriate circumstances and at its discretion, suspend or terminate accounts of users who are determined to be repeat infringers of intellectual property rights or who repeatedly submit unlawful content, infringing content, or abusive notices. efficiently may also restrict uploads, reduce privileges, disable features or integrations, remove content, or take other measures based on the circumstances and your Terms.
9. Legal Requests and Disclosures
efficiently may preserve and disclose account details, logs, content, and related records when required by law or legal process, or when efficiently believes disclosure is necessary to protect rights, safety, security, or the integrity of its services. Where permitted by law and your Terms, efficiently may redirect, notify the relevant Customer about, or challenge legal requests.
10. Other Terms
This Policy does not change any limitation of liability, disclaimer, indemnity, service level, support commitment, payment obligation, or remedy in your Terms. Without limiting the foregoing, efficiently’s aggregate liability arising from or related to actions taken under this Policy shall not exceed the limitations set forth in your Terms. If this Policy conflicts with your Terms, the conflict rules in your Terms control.
efficiently may update this Policy from time to time as permitted by your Terms. Material changes will be communicated with reasonable advance notice where required by your Terms. The Effective Date above shows when this Policy was last updated.