Effective Date: April 11th, 2025

If your content has been removed from an Empirean, Inc. product (TagUp, etc.) in response to a DMCA Takedown Notice and you believe the removal was a mistake or that you have the right to use the material, you can submit a DMCA Counter-Notice to dispute the claim.

How to File a Counter-Notice

Your counter-notice must include the following information to be valid under the DMCA:

  1. Your Contact Information:
    Provide your name, mailing address, telephone number, and email address.
  2. Identification of the Removed Material:
    Clearly identify the material that was removed or disabled and the location where it appeared before it was removed (e.g., the specific URL or description of the content). <><>
  3. Statement of Good Faith:
    Include the following statement:
    "I have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed."
  4. Consent to Jurisdiction:
    Include the following statement:
    "I consent to the jurisdiction of the Federal District Court for the judicial district in which my address is located, or if my address is outside the United States, for any judicial district in which Empirean, Inc. may be found, and I will accept service of process from the person who provided the original DMCA Takedown Notice or their agent."
  5. Your Signature:
    Include a physical or electronic signature (e.g., typing your full name at the bottom of your email).

Filing a counter-notice does not guarantee that your content will be reinstated. Any false or misleading statements in your counter-notice may subject you to legal liability under applicable law.

Submit Your Counter-Notice

Send your counter-notice to our Designated Agent:

Designated Agent:
Empirean, Inc.
Attention: DMCA Compliance
5900 Balcones Dr. #8036 Austin, TX 78731
Email: counter-notice@empirean.tech

What Happens Next?

  1. Once we receive your valid counter-notice, we will:
    • Forward a copy to the original complainant.
    • Notify them that the removed material will be restored in 10 business days unless we receive notice of a legal action filed by the complainant seeking a court order to keep the material removed.
  2. If no legal action is filed within the 10-business-day period, the material may be restored on our platform.

If you have any questions about this process, please contact us at contact@empirean.tech.