OVERGEAR Dmca POLICY
Effective Date: May 22, 2026

OVERGEAR LIMITED (“Overgear,” “we,” “us,” or “our”) is committed to protecting intellectual property rights and complies with the requirements of the Digital Millennium Copyright Act (DMCA). This DMCA Policy (hereinafter referred to as the “Policy”) is an integral part of the Overgear Terms and Conditions (hereinafter referred to as the “User Agreement”) and is governed by them.

1. Submitting a DMCA Notice
1.1. To report a copyright infringement, your notice must include:
  • A detailed description of the copyrighted work in question.
  • Precise URLs and/or a description of the locations where the disputed content is posted.
  • Your full contact details (mailing address, telephone number, email).
  • A declaration that you sincerely believe that the use of the disputed material is not authorized by the copyright owner, its agent, or by law.
  • A declaration that the information provided is accurate and that you are authorized to act on behalf of the copyright owner, under penalty of perjury.
  • An electronic or physical signature.
1.2. When submitting a DMCA notification, attach all documentation or other evidence demonstrating that you are the copyright owner or an authorized representative thereof. Such materials are necessary to verify your claim and ensure its timely and efficient processing.
1.3. The subject line of any email submitting a DMCA notification shall include the phrase “Copyright Claim” to ensure the timely and efficient processing of the claim.
1.4. Any DMCA notice that does not include all the required elements may be rejected. Overgear reserves the right to request additional information before processing your notice.
1.5. All notices shall be submitted to the following designated contacts:
DMCA Agent: Overgear Legal Team
Email: legal@overgear.com
Mail: Diagorou 4, Kermia Building, 3rd Floor, Office 304, 1097 Nicosia, Cyprus
1.6. Any person who knowingly makes a false or fraudulent claim of infringement, or who falsely represents that they are authorized to act on behalf of a copyright owner, shall be liable for all damages, costs and attorneys’ fees incurred by Overgear or any third party as a result of such misrepresentation, in accordance with 17 U.S.C. § 512(f).
Under penalty of perjury, you affirm that all information provided in this notice is accurate. You acknowledge that any misrepresentation or false claim may subject you to legal liability under 17 U.S.C. § 512(f), including potential costs and attorney fees.

2. Counter-Notice
2.1. If your content has been removed based on a DMCA notice and you believe that the removal is in error, you may submit a counter-notice. Your counter-notice must include:
  • Specify which content was removed and provide the URL where it was previously located.
  • Your full contact details.
  • A declaration that you sincerely believe that the content was removed in error.
  • Agreement to the jurisdiction of the Federal District Court for the judicial district in which the User’s address is located, or, if the User’s address is outside the United States, for any judicial district in which Overgear may be found, and that the User will accept service of process from the person who provided the original notice or an agent of such person;.
  • An electronic or physical signature.
For copyright or intellectual property complaints that are not governed by the DMCA, Overgear may handle such complaints under applicable Cyprus law, EU law, the Digital Services Act where applicable, the Terms and Conditions, and Overgear’s internal content moderation and dispute resolution procedures.
2.2. Upon receiving a valid counter-notice, Overgear may forward it to the party that submitted the original notice. Unless Overgear receives notice that the original complainant has filed an action seeking a court order to restrain the affected User from engaging in the allegedly infringing activity, Overgear may restore or cease disabling access to the removed material not less than 10 (ten) and not more than 14 (fourteen) business days after receipt of the valid counter-notice, where applicable.

3. Investigation and Enforcement Measures
3.1. Upon receipt of a complete and valid copyright infringement notice, Overgear may investigate the claim and take appropriate action, which may include removing or disabling access to the allegedly infringing material without prior notice, notifying the affected User where appropriate, and taking further measures in accordance with this Policy, the User Agreement, and applicable law.
3.2. Overgear may suspend or terminate access to the Platform for Users who are determined to be repeat infringers or who repeatedly violate intellectual property rights, in accordance with the User Agreement and applicable law.
3.3. Overgear may, in appropriate circumstances, suspend or terminate Accounts of Users who are determined to be repeat infringers. In assessing repeat infringement, Overgear may consider valid infringement notices, counter-notices, withdrawals, successful disputes, court decisions, the nature and frequency of alleged infringements, and any evidence of abuse, fraud, or bad faith.
3.4. In addition to any rights or remedies under 17 U.S.C. § 512(f), Overgear may impose one or more of the following sanctions on any person who submits a materially false or fraudulent DMCA notice:
(i) immediate suspension of the privilege to file DMCA notices for a period of not less than thirty (30) days;
(ii) permanent revocation of “authorized representative” status;
(iii) requirement to post a security deposit or bond before any future claims will be accepted;
(iv) disclosure of the claimant’s identity and notice of the violation in a registry of non-compliant claimants;
(v) submission of all relevant materials to law enforcement or regulatory agencies for further action.

4. Safe Harbor
4.1. In accordance with the safe harbor provisions of the DMCA, Overgear shall not be held liable for copyright infringements committed by Users, provided that the provisions of this Policy and the procedures outlined in the Overgear’s User Agreement are followed.
4.2. All trademarks, logos, and copyrighted materials owned by third parties that appear on our Platform remain the sole property of their respective owners. Overgear disclaims any ownership of, or affiliation with, such third-party intellectual property. Their appearance on the Platform is solely for identification and informational purposes.

5. Final Provisions
5.1. By using the Overgear Platform, you agree to abide by this Policy and the User Agreement. If you have any questions or require further information, please contact us legal@overgear.com.
5.2. Overgear reserves the right to amend this Policy at any time. All updates become effective upon publication on the Platform.