Welya places paramount importance on respecting and protecting intellectual property rights, both its own and those of third parties.
The Welya platform was designed as a SaaS technology tool for automated broadcasting that enables its Clients to broadcast their own content in connection with webinars and, more broadly, online events, for commercial, educational, or communication purposes.
In accordance with the Digital Millennium Copyright Act (DMCA, 17 U.S.C. § 512), Welya has established a clear procedure enabling rights holders to report any unauthorized use of copyright-protected content and, where appropriate, to obtain the removal of, or the disabling of access to, the Disputed Content.
This Policy describes how Welya handles notices of copyright infringement and Counter-Notices, as well as the measures that may be taken with respect to the content or accounts concerned.
Definitions
DMCA: Means the Digital Millennium Copyright Act (17 U.S.C. § 512), the U.S. federal law governing the liability of online service providers and the notice and counter-notice procedures for copyright matters.
Welya: Means Welya, Inc., a corporation organized under the laws of the State of Delaware (United States), which operates the Welya platform and provides the Service.
Service: Means all software, platforms, interfaces, infrastructure, and features provided by Welya on a Software as a Service (SaaS) basis, enabling, in particular, the organization, automated broadcasting, hosting, recording, rebroadcasting (replay), and technical analysis of webinars and interactive content.
Client / Client-Organizer: Means any individual or legal entity acting in a strictly professional capacity that has created an account on the Welya platform and uses the Service to broadcast, host, or make available content, in particular in connection with webinars or online events.
Authorized User: Means any individual expressly authorized by the Client to access the Service through the Client’s account, within the limits of the subscribed rights and features, and acting under the Client’s sole responsibility.
Participant: Means any person who accesses a webinar, online event, or content broadcast via the Service without holding a Client account.
Content: Means any material broadcast, hosted, transmitted, or made available via the Service, including, without limitation, audiovisual, audio, visual, textual, graphic, promotional, commercial, educational, or interactive content.
User-Generated Content (UGC): Means any Content created, uploaded, transmitted, broadcast, or made available by a Client, an Authorized User, or a Participant via the Service, without prior editorial review by Welya.
Copyright: Means all intellectual property rights protecting original works of authorship, as defined by applicable law, and in particular by U.S. federal law, including the rights of reproduction, public performance, adaptation, and distribution.
Rights Holder: Means any individual or legal entity that holds copyright or related rights in Content, or that is validly acting on behalf of the holder of such rights.
DMCA Notice: Means any notice of alleged copyright infringement sent to Welya in accordance with the formal requirements of the Digital Millennium Copyright Act (17 U.S.C. § 512).
Counter-Notice: Means the notice submitted by a user whose Content has been removed or to which access has been disabled, seeking to challenge the validity of a DMCA Notice, in accordance with the conditions set forth in the DMCA.
Disputed Content: Means any Content that is the subject of a DMCA Notice or a Counter-Notice under the procedure set forth in this Policy.
Repeat Infringer: Means any user who has been the subject of multiple valid notices of infringement of copyright or other intellectual property rights, as assessed by Welya in light of their frequency and severity.
Designated DMCA Agent: Means the person or department designated by Welya to receive and process DMCA Notices, in accordance with the requirements of the Digital Millennium Copyright Act.
1. Scope
These provisions relating to respect for intellectual property rights and to the Digital Millennium Copyright Act (DMCA, 17 U.S.C. § 512) apply to all services provided by the Welya platform and to all content broadcast, hosted, or made available through the Service, whether broadcast live, simulated, or available on replay.
They form an integral part of:
- the Terms of Use of the Service,
- and, where applicable, the Privacy Policy,
into which they are expressly incorporated by reference.
These provisions apply to all content generated, transmitted, or broadcast by Clients, Authorized Users, or Participants, including, without limitation, audio, video, visual, textual, promotional, commercial, or educational content broadcast in connection with webinars or through the features of the Service.
Welya acts solely as a technical service provider making a SaaS infrastructure available.
As such, Welya does not exercise any prior control over the content broadcast by users and cannot systematically verify its lawfulness, its origin, or the related exploitation rights.
Any use of the Service constitutes full and unreserved acceptance of:
- the Terms of Use of the Service,
- the Privacy Policy,
- and these provisions relating to the protection of intellectual property rights and to the reporting procedures provided for under U.S. law.
These provisions apply regardless of the user’s country of residence, since the Service is operated from the United States and is accordingly subject to U.S. federal copyright law.
2. The Company’s commitment to intellectual property
Welya strictly respects copyright and, more broadly, all intellectual property rights protected under applicable law.
Accordingly, the Company implements a rigorous policy designed to prevent, detect, and address any infringement of intellectual property rights that may occur in connection with the use of the Service.
2.1 Respect for and Protection of Intellectual Property Rights
Welya is committed to respecting and protecting intellectual property rights, both its own and those of third parties.
The Company acts in good faith and cooperates with rights holders to ensure compliance with applicable copyright and related rights laws.
2.2 Automated Broadcasting and No Editorial Intervention
The Service relies on automated broadcasting mechanisms that enable the technical transmission of content supplied exclusively by Clients.
The technical limitations of the Service (maximum webinar duration, number of Participants, access restrictions, automatic cutoffs, or functional limitations) serve a strictly operational purpose and in no event constitute editorial intervention, content selection, or control over content within the meaning of the DMCA.
2.3 Prohibition of Copyright Infringement
Any use of the Service involving the distribution, reproduction, public performance, or exploitation of protected content without valid authorization is strictly prohibited.
Any actual or suspected infringement of copyright or of any other intellectual property right may result in the immediate removal of the content concerned, without notice or compensation, as well as the imposition of sanctions in accordance with these Terms.
2.4 Preventive Measures
To limit the risk of intellectual property infringement, Welya implements reasonable preventive measures, including, without limitation:
- warning messages and reminders of responsibility when content is uploaded or broadcast;
- contractual provisions requiring users to warrant that they hold all necessary rights in the content they broadcast;
- technical and operational restrictions designed to prevent manifestly unlawful uses of the Service.
2.5 Cooperation with Rights Holders
Welya handles diligently, fairly, and impartially any notice of copyright infringement that complies with the requirements of the Digital Millennium Copyright Act (DMCA, 17 U.S.C. § 512).
Upon receipt of a valid notice, Welya promptly carries out the verifications strictly required by applicable law and implements the appropriate measures provided for by applicable law.
2.6 Measures That May Be Taken
In the event of an established or repeated infringement of intellectual property rights, Welya reserves the right to take, in its sole discretion, any appropriate measure, including, without limitation:
- removing or disabling access to the Disputed Content;
- temporarily or permanently suspending access to the Service;
- deleting the account concerned;
- permanently banning access to the Service.
These measures are taken without prejudice to any judicial or administrative action that Welya or the rights holders concerned may bring.
3. Liability
3.1 Welya’s Liability as a Technical Service Provider
Welya acts solely as a technical service provider making available a SaaS platform that enables Clients to organize and broadcast webinars.
As such, Welya:
- does not participate in the creation, selection, modification, or approval of content broadcast by users;
- does not exercise any prior editorial control over content generated, transmitted, or broadcast via the Service;
- cannot be held liable for the lawfulness, accuracy, quality, or compliance of content broadcast by Clients, Authorized Users, or Participants.
Welya may be held liable only in the event of an established breach of its mandatory legal obligations, as provided in particular by the Digital Millennium Copyright Act (DMCA, 17 U.S.C. § 512) or by any applicable regulation.
Welya cannot be held liable for content broadcast by Clients, Authorized Users, or Participants for so long as it has not been validly notified of an alleged copyright infringement and it acts in accordance with the procedures set forth in the DMCA.
Messages, questions, comments, polls, and interactions generated in real time by Participants during webinars are published instantly, without prior review by Welya. Such content is the sole responsibility of its authors and of the Client-Organizer.
3.2 Liability of the Client-Organizer
The Client-Organizer is solely responsible for:
- the content it creates, uploads, broadcasts, or makes available via the Service;
- obtaining all rights, authorizations, and licenses necessary to exploit the content broadcast;
- complying with the laws and regulations applicable to its business, in particular with respect to intellectual property, personal data protection, consumer protection, and advertising.
The Client shall indemnify and hold Welya harmless against any claim, action, complaint, or recourse brought by third parties arising from the use of content broadcast via the Service.
3.3 Liability for Authorized Users and Participants
The Client is fully responsible for the conduct:
- of its Authorized Users,
- and, where applicable, of Participants,
in connection with the use of the Service.
Any breach of these Terms committed by an Authorized User or a Participant shall be deemed attributable to the Client-Organizer.
4. Recorded content, replays, and broadcast modes
When the Client activates, uses, or authorizes any recording, rebroadcast (“replay”), delayed broadcast, or on-demand access feature through the Welya platform, the Client remains solely and exclusively responsible for:
- the content recorded or rebroadcast;
- the intellectual property rights attached to such content;
- the authorizations of speakers, Participants, or third parties appearing or speaking in the content;
- the compliance of the content with applicable laws and regulations.
The Client expressly acknowledges that Welya acts solely as a technical service provider and host, providing the storage of and technical access to recorded content, without any editorial intervention, selection, modification, or approval of the content.
Recordings, replays, and content accessible after the live broadcast are subject to the same rules of liability, intellectual property, and legal compliance as content broadcast in real time.
Accordingly, any alleged infringement of intellectual property rights relating to recorded or rebroadcast content shall be handled in accordance with the notice-and-takedown procedure set forth in the Digital Millennium Copyright Act (DMCA, 17 U.S.C. § 512).
5. Content reporting, Counter-Notices, repeat infringement, and sanctions
5.1 Processing of a Copyright Infringement Notice
When Welya receives a notice of copyright infringement that complies with the requirements of the Digital Millennium Copyright Act (DMCA), the following procedure applies:
- the content concerned is immediately suspended or disabled;
- the user who posted the content is notified without delay;
- a copy of the content is retained as evidence, in accordance with legal obligations;
- the complaint received is forwarded in its entirety to the user concerned.
Welya acts solely as a technical service provider and takes no position on the merits of the dispute between the parties.
5.2 Counter-Notice by the User
If the user believes that the removal of their content is unjustified (error, misidentification, or authorized use), they may submit a Counter-Notice.
This Counter-Notice must include:
- precise identification of the removed content;
- a good-faith statement that the removal resulted from a mistake;
- express consent to the jurisdiction of the courts of the State of Delaware (United States);
- the user’s full contact information;
- a physical or electronic signature.
Any incomplete or non-compliant Counter-Notice may be disregarded.
5.3 Possible Restoration of Content
If the complainant does not demonstrate that it has filed a court action within 10 to 14 business days following receipt of the Counter-Notice, Welya may, in its sole discretion, restore access to the content.
Such restoration takes place only in strict compliance with the obligations set forth in the DMCA.
5.4 Repeat Infringer Policy
Welya applies a zero-tolerance policy to repeated infringements of intellectual property rights.
A user identified as a repeat infringer may, depending on the severity of the facts, be subject to the following measures:
- formal warning;
- temporary account suspension;
- permanent account deletion;
- permanent ban from the platform.
Repeat infringer status is determined by Welya in light of the frequency and severity of the violations identified.
5.5 Applicable Sanctions
Independently of the reporting procedures, Welya reserves the right to apply any appropriate contractual sanction, including, without limitation:
- removal of content;
- suspension or termination of access to the Service;
- deletion of the account;
- holding the user financially liable where the user’s conduct causes harm to Welya.
These measures may be taken without notice or compensation, and without prejudice to any judicial or administrative action that may be brought.
6. Analytics and statistical data
Statistical, technical, or analytical data automatically generated by the Service (connection times, attendance rates, engagement metrics, technical performance) do not constitute works protected by copyright.
Welya may use such data for purposes of technical improvement, security, and operation of the Service.
7. Contact information for the designated DMCA Agent
In accordance with the provisions of the Digital Millennium Copyright Act (DMCA), Welya has designated an agent to receive notices of alleged copyright infringement.
Any valid DMCA Notice must be sent exclusively to the following contact information:
Designated DMCA Agent
Welya Legal Department (DMCA)
131 Continental Dr, Suite 305
Newark, DE 19713
United States
Email: contact@welya.io
Only complete DMCA Notices that comply with legal requirements will be processed.
Any other request (technical support, commercial complaints, general inquiries) sent to this contact information will not be considered.
8. Policy updates
Welya reserves the right to amend or update this Policy at any time.
The version in effect is the one published on the platform on the date of consultation.
Any continued use of the Service after the amendments take effect constitutes full and unreserved acceptance of the Policy as updated.