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Being Optimal

LegalCopyright & DMCA Policy

Copyright & DMCA Policy

Version 1.0.0-draft · Effective 2026-07-13 · Operator [PENDING: LEGAL_ENTITY_NAME]

Operator draft — not legal advice; counsel review required before relying on this text.

1. Purpose and scope

1.1 This Copyright & DMCA Policy (“Policy”) explains how [PENDING: LEGAL_ENTITY_NAME] (“Being Optimal,” “we,” “us”) responds to claims of copyright infringement on the Services.

1.2 Covered materials include, without limitation:

  • User-generated content on the Community forum at https://community.beingoptimal.org (posts, uploads, avatars, etc.);
  • User-created custom ingredients and similar planner content;
  • Other text, images, or files users submit to the Services;
  • Being Optimal’s own product content (catalogs, Learning Center materials, software, branding) to the extent third parties claim rights — though most claims will concern UGC.

1.3 This Policy is incorporated into the Terms of Service. It does not limit other remedies (Acceptable Use enforcement, privacy complaints, etc.).

1.4 Not legal advice. If you believe your rights are infringed, consider consulting your own counsel. Misrepresentation in a DMCA notice or counter-notice can carry legal liability.

2. Our intellectual property

2.1 The Services — including software, design, trademarks (Being Optimal, Site Nutrition, and related marks), documentation, curated food/nutrient datasets as compiled, and original editorial content — are owned by Being Optimal or its licensors.

2.2 Nutrient Data Source inputs (e.g., public-domain or licensed composition data) remain subject to their original terms; compilation and presentation in the product may be protected. See Editorial Content Standards when published.

2.3 You may not copy, scrape, resell, or create competing databases from the Services except as allowed by the Terms, Acceptable Use Policy, or mandatory law (e.g., limited quotation, interoperability rights where non-waivable).

3. Your responsibility for UGC

3.1 You must only upload or post content you own or are licensed to use.

3.2 By posting UGC you represent that it does not infringe copyright, trademark, moral rights, publicity, or other IP rights.

3.3 License-back terms for Community UGC appear in the Community Guidelines. Those licenses do not authorize you to infringe third parties.

4.1 How to submit a notice

If you are a copyright owner or authorized agent and believe content on the Services infringes your copyright, send a written notice to:

Email (preferred): [email protected] Legal / escalation: [email protected] Postal / designated agent: See Section 8

4.2 Required contents (DMCA-aligned)

To help us act quickly — and to support a valid U.S. DMCA notice under 17 U.S.C. § 512 where applicable — include substantially the following:

  1. Physical or electronic signature of the copyright owner or authorized agent;
  2. Identification of the copyrighted work claimed to be infringed (or a representative list if multiple works);
  3. Identification of the material claimed to be infringing, and information reasonably sufficient to locate it (URL on https://community.beingoptimal.org or beingoptimal.org, topic title, username, custom-ingredient name/id if known, screenshots);
  4. Your contact information (name, mailing address, telephone number, email);
  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.

4.3 Incomplete notices

We may request missing details. We are not obligated to respond to notices that are frivolous, incomplete, or not copyright-related (e.g., pure defamation or privacy claims should use other channels — [email protected] / [email protected]).

4.4 Our actions on valid notice

Upon receipt of a substantially compliant notice, we may:

  • Remove or disable access to the identified material;
  • Notify the user who posted it (with a copy of the notice or summary, unless unlawful to do so);
  • Document the complaint for repeat-infringer tracking;
  • Take additional Acceptable Use actions where appropriate.

We may also remove content that appears infringing even without a formal notice, at our discretion.

5. Counter-notice

5.1 If your content was removed under this Policy and you believe the removal was a mistake or misidentification, you may send a counter-notice to [email protected] (copy [email protected]) including:

  1. Your physical or electronic signature;
  2. Identification of the material removed and where it appeared before removal;
  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 name, address, telephone number, and email;
  5. A statement that you consent to the jurisdiction of the Federal District Court for the judicial district where your address is located (or if outside the United States, any judicial district in which Being Optimal may be found), and that you will accept service of process from the person who provided the original notice or their agent.

5.2 After a valid counter-notice. Under the U.S. DMCA, if applicable, we may forward the counter-notice to the complainant. If the complainant does not notify us within about 10 business days that they have filed an action seeking a court order to restrain the infringement, we may restore the material at our discretion and consistent with law and platform policies.

5.3 Restoration is not guaranteed where content also violates Community Guidelines, Acceptable Use, or other laws.

6. Repeat infringer policy

6.1 Being Optimal maintains a repeat-infringer policy. Users who are the subject of multiple valid infringement notices or who repeatedly post infringing material may have accounts suspended or terminated.

6.2 Factors may include: number of notices, time span, whether counter-notices succeeded, severity, commercial piracy, and bad-faith patterns.

6.3 We may terminate sooner for egregious or willful infringement.

6.4 Termination for infringement does not limit other legal remedies.

7. Trademark, publicity, and other IP

7.1 For trademark complaints (e.g., confusing use of a brand in a username or custom ingredient name), email [email protected] with the mark, registration details if any, the location of the use, and the relief sought. We evaluate trademark claims case-by-case and may not use the identical DMCA statutory form.

7.2 Right of publicity / privacy in photos of people should be directed to [email protected] or [email protected] as appropriate.

7.3 Counterfeit or scam commercial content may also be removed under Acceptable Use without a formal IP notice.

For U.S. DMCA purposes, notices may be sent to our designated copyright agent:

Field Value
Service provider / operator [PENDING: LEGAL_ENTITY_NAME] (Being Optimal, Site Nutrition)
Designated agent name [PENDING: DMCA_AGENT_NAME]
Email [email protected]
Phone [PENDING: DMCA_AGENT_PHONE]
Mailing address [PENDING: DMCA_AGENT_ADDRESS] (if unset, use [PENDING: REGISTERED_ADDRESS]; if still PENDING, complete before publication)
Alternate legal contact [email protected]

Operator note: If tokens [PENDING: DMCA_AGENT_NAME], [PENDING: DMCA_AGENT_PHONE], or [PENDING: DMCA_AGENT_ADDRESS] are not yet defined in OPERATOR VARIABLES, counsel/operator must add them (or map agent fields to [email protected] and [PENDING: REGISTERED_ADDRESS]) before asserting DMCA safe-harbor registration completeness. Registration with the U.S. Copyright Office designated-agent directory, if pursued, must match these fields.

9. Non-U.S. users and hosts

9.1 If you are outside the United States, local notice-and-action, intermediary, or copyright laws may apply. We still encourage use of the notice elements in Section 4 so we can locate and assess the material.

9.2 Mandatory consumer or intermediary obligations in EU/EEA, UK, Australia, Singapore, Hong Kong, and other regions with non-waivable consumer protections are not waived.

10. Being Optimal content — permission requests

To request permission to reuse our original content (not UGC owned by users), contact [email protected] with the material, intended use, territory, and duration. Do not assume permission from silence.

11. Fraudulent notices

Submitting a knowingly false infringement notice or counter-notice may result in liability under 17 U.S.C. § 512(f) (where applicable) and other laws. We may pursue remedies for abusive notices that waste resources or harm users.

12. Privacy of notices

We may share notices and counter-notices with the opposing party, service providers (including the Community Platform Provider), and advisors as needed to process the claim. See the Privacy Policy.

13. Changes

We may update this Policy per Versioning And Acceptance. The Version and Effective date above identify the current edition.

Document Link
Community Guidelines Community Guidelines
Acceptable Use Policy Acceptable Use Policy
Terms of Service Terms Of Service
Privacy Policy Privacy Policy
Contact & Legal Notices Contact And Legal Notices
Definitions Definitions

*End of Copyright & DMCA Policy — suite 1.0.0-draft.*