DMCA Policy

Effective Date: 2026-05-27 Last Updated: 2026-05-27

Migaki ("we", "us") respects the intellectual property rights of others. We comply with the United States Digital Millennium Copyright Act (DMCA, 17 U.S.C. § 512) and similar international copyright frameworks.

This DMCA Policy describes how copyright holders may report alleged infringement on the Service at migaki.moe.

1. Reporting Copyright Infringement

If you are a copyright owner (or authorized agent) and believe that material on our Service infringes your copyright, you may submit a DMCA notice ("takedown notice") to our copyright contact.

1.1 Copyright Contact

Copyright Contact

2. Required Elements of a DMCA Notice

A valid DMCA notice must include all of the following (per 17 U.S.C. § 512(c)(3)):

  1. Identification of the copyrighted work claimed to have been infringed (e.g., URL of original, registration number, or detailed description).

  2. Identification of the infringing material on our Service with enough specificity for us to locate it (URL, user account, output ID, screenshot).

  3. Your contact information: name, postal address, telephone number, and email.

  4. A statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law.

  5. A statement, 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.

  6. Your physical or electronic signature (typed name is acceptable for electronic submissions).

Incomplete notices may be rejected or delayed.

3. Our Response to a Valid Notice

Upon receiving a valid notice, we will:

  1. Acknowledge receipt within 3 business days.
  2. Investigate the claim.
  3. Remove or disable access to the alleged infringing material expeditiously (typically within 7 business days) if the notice is valid.
  4. Notify the user who uploaded or generated the material, providing them a copy of the notice.
  5. Track repeat infringement (see Section 6).

4. Counter-Notice (Restoration of Material)

If you believe your material was removed by mistake or misidentification, you may submit a counter-notice to dmca@migaki.moe with:

  1. Identification of the material removed and its location before removal.

  2. A statement, under penalty of perjury, that you have a good faith belief that the material was removed by mistake or misidentification.

  3. Your contact information: name, postal address, telephone number, email.

  4. Consent to jurisdiction of the federal court in the judicial district where your address is located (or, if outside the U.S., to a U.S. federal court for the Northern District of California).

  5. A statement of consent to be served with legal process by the original complainant.

  6. Your physical or electronic signature.

Upon receiving a valid counter-notice, we will:

  1. Forward it to the original complainant.
  2. Restore the material in 10–14 business days unless the complainant files a court action seeking a restraining order.

5. Misrepresentation Warning

Per 17 U.S.C. § 512(f): Any person who knowingly materially misrepresents (a) that material is infringing, or (b) that material was removed by mistake or misidentification, shall be liable for damages, including costs and attorneys' fees, incurred by the alleged infringer, the copyright owner, or our Service.

Do not submit false notices or false counter-notices. We may report abuse to the appropriate authorities and may also pursue civil claims.

6. Repeat Infringer Policy

In accordance with the DMCA, we maintain a policy to terminate, in appropriate circumstances, accounts that are repeat infringers.

Definition: A user who, within a rolling 12-month period, accumulates 3 or more verified DMCA takedowns against their account will be considered a repeat infringer and will be permanently banned. We may also ban users for fewer violations if the infringement is severe.

Banned accounts are not eligible for refunds of unused subscription time or remaining allowance.

7. AI-Generated Content Considerations

7.1 Migaki provides image refinement (upscaling, detail enhancement). Inputs are user-provided. We do not generate from-scratch images.

7.2 User responsibility: You are responsible for ensuring you have rights to the images you upload as input. Submitting copyrighted material without authorization may infringe.

7.3 Style is generally not copyrightable under U.S. law, but specific elements (characters, designs, specific compositions) may be. We evaluate DMCA notices on a case-by-case basis.

7.4 Fair Use: If you believe your use is fair use (transformation, commentary, criticism, parody, education), you may assert it in a counter-notice. We do not adjudicate fair use; that is a matter for the courts.

8. Limitations

8.1 We cannot mediate copyright disputes between parties. Our role is limited to receiving and acting on properly formatted DMCA notices.

8.2 We cannot provide legal advice. Consult a licensed attorney if you are uncertain about your rights or obligations.

8.3 If you are a non-U.S. copyright holder, you may submit a notice under similar terms. We comply in good faith with international copyright norms where DMCA does not directly apply.

9. Trademark Complaints

This policy covers copyright. For trademark infringement complaints (e.g., misuse of brand names, logos, or marks), email dmca@migaki.moe with "Trademark Complaint" in the subject. We handle trademark notices in a similar manner but they are not governed by the DMCA.

10. Updates

This policy may be updated. Material changes will be posted on this page with a new effective date.

11. Contact

DMCA notices and counter-notices: dmca@migaki.moe General inquiries: support@migaki.moe

Submit notices via email only. We do not accept notices via social media, support tickets, or contact forms.

Questions about this policy? support@migaki.moe