Banana Booth App LLC ("Banana Booth," "we," "us," or "our") respects the intellectual property rights of others and expects users of the Banana Booth website, Android application, and iPhone/iPad web application (collectively, the "Service") to do the same.
This DMCA Copyright Policy explains how Banana Booth handles claims of copyright infringement in accordance with the Digital Millennium Copyright Act, 17 U.S.C. § 512 ("DMCA"). This Policy applies to material accessible through the Service that is alleged to infringe copyright.
Banana Booth is a local-first photo tool. Users create composite images on their own devices; Banana Booth does not receive, store, host, or distribute user-created images. This means:
User-created images ("Outputs") are not hosted by Banana Booth and are not subject to takedown from Banana Booth's servers — because they are not on Banana Booth's servers
Banana Booth does host its own Content on the Service: illustrations, artwork, pack previews, marketing images, code, and other proprietary material we make available
If your copyrighted work has been reproduced in Banana Booth's Content or on the Service without your authorization, you may submit a DMCA notice as described below
If you believe a Banana Booth user has created an Output using your copyrighted work and shared it on a third-party platform, the appropriate takedown notice is directed at that third-party platform, not Banana Booth
Banana Booth has designated an agent to receive notifications of claimed copyright infringement under the DMCA. Send DMCA notices to:
| Agent Name | DMCA Agent |
| Organization | Banana Booth App LLC |
| Mailing Address | 1209 Mountain Road Pl NE #4863, Albuquerque, NM 87110, USA |
| Telephone | 505-390-9169 |
| dmca@bananabooth.app |
Our Designated Agent is registered with the United States Copyright Office. Registration details can be verified at the Copyright Office's DMCA Designated Agent Directory at dmca.copyright.gov.
If you believe your copyrighted work has been infringed, submit a written notice to our Designated Agent that contains all of the following (as required by 17 U.S.C. § 512(c)(3)):
A physical or electronic signature of the copyright owner or a person authorized to act on the owner's behalf.
Identification of the copyrighted work claimed to have been infringed. If multiple works are covered by a single notice, a representative list of the works.
Identification of the material claimed to be infringing that you want removed. Include enough detail for us to locate the material, such as the URL, page location, or filename.
Your contact information: full name, mailing address, telephone number, and email address.
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.
A statement, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf.
You may find it helpful to use the template in Section 8 of this Policy, though any notice containing the six elements above will be accepted.
Upon receipt of a properly-formed DMCA notice, Banana Booth will:
Confirm receipt within 5 business days.
Review the notice to confirm it contains all required elements. If elements are missing, we may request supplemental information before acting.
If the notice appears valid and complete, expeditiously remove or disable access to the allegedly infringing material.
Take reasonable steps to notify the person who provided the allegedly infringing material (if identifiable) that it has been removed or disabled, and provide them with a copy of the notice.
Retain records of the notice, our response, and any subsequent counter-notice for the period required by law.
We do not make judgments about the merits of copyright claims. If a valid DMCA notice is submitted, we act on it in accordance with the DMCA safe harbor procedures. Disputes between the parties are resolved between the copyright owner and the alleged infringer, potentially through the counter-notice process below.
If material you posted or provided has been removed in response to a DMCA notice and you believe the removal was mistaken or the material was not infringing, you may submit a counter-notice to our Designated Agent.
A valid counter-notice must contain all of the following (as required by 17 U.S.C. § 512(g)(3)):
Your physical or electronic signature.
Identification of the material that has been removed or disabled and the location where it appeared before removal.
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.
Your full name, mailing address, and telephone number.
A statement that you consent to the jurisdiction of the federal district court for the judicial district in which your address is located (or, if your address is outside the United States, the district in which Banana Booth may be found), and that you will accept service of process from the person who provided the original DMCA notice or their agent.
Upon receipt of a valid counter-notice, we will:
Provide a copy of the counter-notice to the person who submitted the original DMCA notice.
Inform that person that we will restore the removed material or cease disabling access to it in 10 to 14 business days.
Restore or cease disabling access to the material within 10 to 14 business days after receipt of the counter-notice, UNLESS the original notice provider has filed an action seeking a court order to restrain the alleged infringer from continuing the infringing activity and has notified us of that filing.
Banana Booth maintains a policy to terminate, in appropriate circumstances, users of the Service who are repeat copyright infringers.
A "repeat infringer" is any user who has been the subject of two or more valid DMCA notices that were not successfully counter-noticed within a 12-month period, or who has been adjudicated by a court to have infringed copyright twice or more within any period.
Termination under this policy may include:
Revocation of Pack licenses purchased by the terminated user
Blocking of the terminated user's payment methods, IP addresses, or other identifiers from future purchases
Retention of records of the infringement history for future reference
No refund of amounts paid before termination
We reserve the right to terminate any user's access to the Service without prior notice for repeat infringement, and to take additional action as we determine appropriate.
This DMCA Policy applies only to claims of copyright infringement. Other complaints should be directed as follows:
Trademark infringement: legal@bananabooth.app
Non-consensual intimate imagery: report@bananabooth.app (see Privacy Policy Section 14)
Privacy or data requests: privacy@bananabooth.app
Terms of Service violations: legal@bananabooth.app
General support: support@bananabooth.app
Trademark and other IP complaints will be handled through processes analogous to the DMCA process where appropriate, though not all rights carry the same statutory framework.
The following template may be used to submit a DMCA notice. Any notice containing all six required elements will be accepted, in this template or another form.
DMCA NOTICE TEMPLATE — copy, complete, and send to dmca@bananabooth.app TO: Designated Copyright Agent, Banana Booth App LLC
DATE: [DATE]
1. IDENTIFICATION OF COPYRIGHTED WORK
The copyrighted work I claim has been infringed is:
[DESCRIBE THE COPYRIGHTED WORK. Include title, registration number if available, and a description of the work.]
2. IDENTIFICATION OF INFRINGING MATERIAL
The material I claim is infringing and want removed is located at:
[URL, PAGE LOCATION, FILE NAME, OR OTHER IDENTIFYING INFORMATION]
3. MY CONTACT INFORMATION
Full Name: [YOUR FULL NAME]
Mailing Address: [YOUR MAILING ADDRESS]
Telephone: [YOUR TELEPHONE NUMBER]
Email: [YOUR EMAIL]
4. GOOD FAITH STATEMENT
I have a good faith belief that use of the material described above in the manner complained of is not authorized by the copyright owner, its agent, or the law.
5. ACCURACY AND AUTHORITY STATEMENT
The information in this notification is accurate, and under penalty of perjury, I am the owner, or authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.
6. SIGNATURE
Signature: [YOUR SIGNATURE — physical or typed]
Date: [DATE]
COUNTER-NOTICE TEMPLATE — copy, complete, and send to dmca@bananabooth.app TO: Designated Copyright Agent, Banana Booth App LLC
DATE: [DATE]
1. IDENTIFICATION OF REMOVED MATERIAL
The material that was removed or disabled is:
[DESCRIBE THE MATERIAL]
Before removal, it appeared at:
[URL, PAGE LOCATION, OR OTHER IDENTIFYING INFORMATION]
2. GOOD FAITH STATEMENT
I declare, under penalty of perjury, that 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 or disabled.
3. MY CONTACT INFORMATION
Full Name: [YOUR FULL NAME]
Mailing Address: [YOUR MAILING ADDRESS]
Telephone: [YOUR TELEPHONE NUMBER]
Email: [YOUR EMAIL]
4. CONSENT TO JURISDICTION AND SERVICE
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 Banana Booth may be found), and I will accept service of process from the person who provided the original notice under 17 U.S.C. § 512(c)(1)(C) or their agent.
5. SIGNATURE
Signature: [YOUR SIGNATURE — physical or typed]
Date: [DATE]
We may update this DMCA Copyright Policy from time to time. The Effective Date and version at the top identify the current version. If we change the Designated Agent information, we will update our registration with the US Copyright Office at the same time.
DMCA Notices: dmca@bananabooth.app
Designated Agent Postal Mail: DMCA Agent, Banana Booth App LLC, 1209 Mountain Road Pl NE #4863, Albuquerque, NM 87110, USA
Designated Agent Telephone: 505-390-9169
Non-DMCA Legal Matters: legal@bananabooth.app
