Copyright Infringement Notice and Takedown Policy

1. Policy Statement and Platform Intermediary Status

1.1 As an information storage service provider (per Article 90-7 of the Republic of China (Taiwan) Copyright Act), the Company has no obligation to pre-screen content uploaded, posted, or transmitted by users on the Platform, and makes no warranty as to the truthfulness, legality, appropriateness, or quality of such content. The Company's status is that of an intermediary service provider per Articles 90-5 to 90-8 of the Copyright Act, and is entitled to civil immunity protections under the law.

1.2 Where copyright holders or their lawfully authorized agents have a good-faith belief that user content on this Platform infringes their copyright, they may submit a Takedown Notice under this Policy; the Company shall consider and process per the statutory requirements.

1.3 This Policy also corresponds to the following legal authorities:

• Articles 90-4 to 90-12 of the Copyright Act of the Republic of China (Taiwan) (civil immunity grounds for internet service providers);
• Implementation Regulations of Civil Immunity Grounds for Internet Service Providers, Ministry of Economic Affairs Intellectual Property Office;
• U.S. Digital Millennium Copyright Act (DMCA) §512(c) (voluntarily followed to comply with Apple App Store and Google Play policies);
• Spirit of the EU Digital Services Act (DSA) notice and action mechanisms;
• Relevant provisions of the Trademark Act, Patent Act, Trade Secrets Act, and Fair Trade Act (for non-copyright IP infringement, processed by analogy with the spirit of this Policy).

1.4 The Company shall conduct reasonable consideration and disposition of notices / counter-notices in accordance with this Policy and the relevant provisions of the Copyright Act, including but not limited to: (a) whether the notice meets requirements; (b) whether to take down, hide, label warnings, or take other actions on related content; (c) whether to initiate human review; (d) whether to require notice senders or uploaders to supplement documents; (e) priority of notice handling. With respect to any decision to take down, restore, or decline, the Company shall, within a reasonable period, notify the relevant party and briefly state the grounds; the legal rights of the parties (including the right to submit a counter-notice, to file a complaint, and to seek judicial remedies in accordance with law) shall not be limited or excluded by this Policy. The Company's consideration does not constitute endorsement or legal opinion on any party.

1.5 For dispositions made in good faith under the notice-and-action mechanism prescribed by this Policy and Articles 90-4 to 90-12 of the Copyright Act (including takedown, restoration, lawful non-handling, or handling after supplementation), the Company enjoys civil immunity in accordance with law to the extent it satisfies the foregoing statutory immunity requirements; provided, however, that where the Company causes damage to notice senders, uploaders, or third parties through intent or gross negligence, it shall remain liable in accordance with the relevant provisions of the Civil Code.

2. Information Required for Takedown Notice

Pursuant to Articles 90-6 to 90-8 of the Copyright Act and Article 6 of the Implementation Regulations, a Takedown Notice must be in writing (including email) and include all of the following:

1. Name (or entity name), address, phone, and email of the rights holder or lawfully authorized agent;
2. Name of the infringed work (book title, video title, photo title, etc.). Please also provide the copyright registration number or place of public release, if available;
3. Precise location of the alleged infringing content on this Platform:
   • Restaurant reviews: please provide https://swayfoodapp.com/r/{restaurant ID}#review-{review ID} or attach complete screenshots;
   • Favorites lists: please provide https://swayfoodapp.com/c/{slug};
   • Photos: please provide complete URL or attach screenshots;
4. Statement of Rights Ownership (please use verbatim):
   "I am the lawful owner of the copyright of the work alleged to be infringed, or its lawfully authorized agent."
5. Good-Faith Belief Statement (please use verbatim):
   "I have a good-faith belief that the use of the notified content is not authorized by the copyright owner, its agent, or law."
6. Authenticity Statement and Perjury Warning (please use verbatim):
   "I declare that the information contained in this notice is true and accurate. I shall be liable for damages and criminal liability under Article 90-11 of the Copyright Act and the Criminal Code's perjury provisions for any false statement or citation in the foregoing."
7. Signature of the rights holder or agent (paper signature for hard copy, or electronic signature image attached for email).

2.1 Submission Methods

• Primary Channel: Email to support@swayfoodapp.com with subject starting "[Copyright Takedown Notice]";
• Backup Channel: For mail delivery address, please first email the above address; the Company shall reply with the registered address within 3 working days.

2.2 Processing Timeline

• The Company shall conduct preliminary review within 3 working days of receipt of a notice meeting this Section's requirements;
• If review passes: the alleged content shall be taken down (changed to status=removed) and the uploading member shall be notified;
• If review does not pass (insufficient information): the Company shall reply requesting supplementation;
• The Company is not responsible for legal professional judgment; in principle, adopts a "take down first, await response" conservative approach, in compliance with Article 90-7, Subparagraph 3 of the Copyright Act.

2.3 Non-Compliant Notices

For notices not meeting the requirements of §2, the Company may decline to process and reply to the notice sender for supplementation. The Company shall not consider this circumstance to constitute receipt of a qualifying notice; therefore, the response period under §6 begins from the date of receipt of a qualifying notice.

3. Counter-Notice

If the uploading member has a good-faith belief that their content does not infringe copyright (e.g., fair use, rights holder's claim is incorrect, work is in the public domain, or misidentification), they may submit a Counter-Notice to request restoration of the content. Pursuant to Article 90-9 of the Copyright Act and Article 8 of the Implementation Regulations.

3.1 Information Required for Counter-Notice

1. Name, address, phone, and email of the uploading member;
2. Precise identifying information of the taken-down content (URL or screenshot);
3. Good-Faith Belief Statement (please use verbatim):
   "I have a good-faith belief that the foregoing content was taken down due to mistaken identification or misjudgment."
4. Authenticity Statement and Perjury Warning (please use verbatim):
   "I declare that the information contained in this counter-notice is true and accurate. I shall be liable for damages and criminal liability under Article 90-11 of the Copyright Act and the Criminal Code's perjury provisions for any false statement or citation in the foregoing."
5. Consent to Jurisdiction Statement (please use verbatim):
   "I consent to the jurisdiction of the Taiwan Taipei District Court (or the district court of my residence) over this matter; if I am located outside Taiwan, I also consent to the jurisdiction of the Taiwan court of SWAY CO., LTD.'s principal place of business."
6. Consent to Service Statement (please use verbatim):
   "I consent to the service of litigation notices regarding disputes related to this counter-notice from the rights holder or its agent at my above-stated address."
7. Signature of the uploading member.

3.2 Processing Timeline

• The Company shall forward the counter-notice to the original notice rights holder within 3 working days of receipt of a counter-notice meeting this Section's requirements;
• If the rights holder fails to file litigation and notify the Company within 10 to 14 working days of receipt of the counter-notice, the Company may, pursuant to Article 90-9, Paragraph 3 of the Copyright Act, restore the taken-down content;
• If the rights holder provides proof of having filed litigation within the period, the Company shall maintain the takedown status pending the litigation outcome.

4. Repeat Offender Policy

4.1 Pursuant to Article 90-4, Paragraph 1, Subparagraph 2 of the Copyright Act and DMCA §512(i), the Company adopts the following progressive measures against repeat offenders:

4.2 Scope of "Determined Infringement":

• The content is taken down upon receipt of a qualifying takedown notice and the uploader does not file a counter-notice within 14 days;
• The uploader files a counter-notice upon receipt of a qualifying takedown notice, but the rights holder files litigation within the period;
• Obvious infringing content discovered by the Company through algorithms or human review (including but not limited to commercial logos, brand images, celebrity photos, professional photographers' high-quality photos, film/TV stills, well-known IP characters);
• Infringement confirmed by court judgment;
• Reports from copyright collective management organizations or industry associations established after the Company's review.

4.3 Joint and Several Liability: Multi-account by the same natural person, related accounts of merchants (including same principal, same business identification number, same registered address) — infringement records are aggregated. Where merchant employee accounts engage in infringement, this is counted toward the merchant's cumulative record.

4.4 Re-Registration Banned List: Persons listed on the banned list shall not re-register on this Platform within 5 years through any combination of identity (including marriage name change, change of principal).

5. Liability for False Notices

5.1 Pursuant to Article 90-11 of the Copyright Act, Article 11 of the Implementation Regulations of Civil Immunity Grounds for Internet Service Providers, and DMCA §512(f), persons who intentionally submit false notices (including takedown notices and counter-notices) shall fully compensate the damaged party, including but not limited to:

• Direct losses caused by content being mistakenly taken down (traffic loss, revenue loss, business opportunity loss);
• Reputational damage caused by erroneous accusations;
• Attorney fees, litigation costs, expert fees, mediation fees incurred by the damaged party in asserting rights;
• Internal administrative costs incurred by the damaged party in responding to the notice.

5.2 Upon receipt of obviously false notices (e.g., bulk bot attacks, competitor smearing, disputes obviously not within copyright scope, trademark or contract disputes falsely framed as copyright notices, retaliatory reports), the Company shall:

1. Reject the notice and notify the sender;
2. Record sender information (including IP, email, name, send time, frequency), retained for 5 years;
3. Place on the abuse notice watch list; subsequent notices shall be reviewed under stricter standards;
4. For senders with 3 or more abuse records, the Company may refuse to accept all subsequent notices from that sender;
5. Where necessary, provide evidence per Article 90-11 of the Copyright Act actively or upon the damaged party's request to facilitate prosecution;
6. The Company reserves the right to claim damages from the notice sender for all costs incurred by the Company in handling false notices (including attorney fees, administrative costs).

5.3 Criminal Liability Notice: Persons who intentionally submit untrue notices may, depending on evidence, face liability under Article 339 (Fraud), Article 310 (Defamation), Article 313 (Interference with Credit) of the Criminal Code. The Company reserves the right to file criminal complaints actively or assist the damaged party in filing such complaints.

6. Privacy Notice

The Company processes personal data received under this Policy in accordance with the Personal Data Protection Act, used only for the following purposes:

1. Review and contact for processing this Notice / Counter-Notice;
2. Disclosure mandated by law (such as judicial authority's lawful access);
3. Internal abuse notice detection and analysis.

The retention period of related data is up to 5 years; after expiration, deletion or cessation of processing per Article 11 of the Personal Data Protection Act.

7. Apple App Store and Google Play Policy Compliance

Pursuant to Apple App Store Review Guidelines §1.2 and Google Play Developer Program Policies' requirements for apps containing UGC, the Company also provides:

1. Content Reporting Mechanism: each user content card has a "⋯" menu, allowing selection of "Report" with category designation;
2. Filtering Mechanism: automated content moderation (including filtering for pornography, violence, spam) + human review;
3. User Block Mechanism: see App Settings page "Advanced Settings → Community Safety → My Block List";
4. Service Provider Contact Information: see §8 of this Policy.

The Company commits to conducting preliminary review within 24 hours of qualifying reports, in compliance with Apple Guideline 1.2.

8. Designated Contact Information

9. Amendments

9.1 The Company reserves the right to amend this Policy at any time. Amended versions shall be published on the website and in the App, with updated "Last Revised date."

9.2 Material amendments shall be announced 14 days before effective date by the methods of notice in §8 of the Terms of Service to registered members; non-material amendments may take effect immediately upon publication.

9.3 Continued use of the Platform after amendment is deemed acceptance of the amended content. Version Application: for the handling of specific notices / counter-notices, the version of the policy at the date of receipt shall apply.

10. Platform Reserved Rights and Disclaimers (Important)

10.1 Active Takedown Right

In addition to the notice-and-action mechanism in this Policy, the Company may, based on any of the following reasons, actively take down, hide, demote, or rate-limit any user content; except where otherwise required by law or where judicial or competent-authority confidentiality requirements are involved, the Company shall, within a reasonable period, notify such user and briefly state the grounds, without affecting such user's right to file a complaint under this Policy and to seek remedies in accordance with law:

• The Company determines a risk of infringement of third-party rights;
• The Company receives requests from competent authorities, partners, or third-party platforms;
• The Company's automated content moderation system determines high risk;
• The Company's quality management, commercial judgment, or regional policy considerations;
• Force majeure events;
• Policy requirements from third-party service providers (Apple, Google, Meta, Cloudflare, etc.).

Active takedown does not constitute admission of infringement, nor affect the Company's intermediary immunity status.

10.2 Confirmation of No Review Obligation

In line with the intent of Articles 90-4 to 90-8 of the Copyright Act, the Company bears no general obligation to pre-screen or actively detect user-uploaded content. The Company's automated detection, sample human review, and quality management are internal quality control measures, not endorsement, recognition, or legal opinion of all unprocessed content. The Company's quality control measures may be adjusted, strengthened, reduced, or suspended as operational needs require; provided, however, that once the Company becomes aware that specific content is unlawful or infringing, it shall still take necessary action in accordance with this Policy and the law.

10.3 Judicial Cooperation

Upon receipt of lawful requests from courts, prosecutors, police, Investigation Bureau, tax authorities, or the Intellectual Property Court, the Company shall, in accordance with law, cooperate to provide user data, IP records, upload times, device fingerprints, and other information, which may be done without notice to such user. The Company enjoys civil immunity for disclosures made under such judicial cooperation.

10.4 Refusal to Mediate Disputes

The Company shall not adjudicate, mediate, or arbitrate in any form the substantive copyright disputes between rights holders and uploaders, nor shall it express opinions on whether infringement is established. The parties shall pursue resolution through judicial or arbitration procedures themselves; the Company only cooperates with the notice-and-action mechanism under this Policy.

10.5 Indemnification

If user-uploaded content infringes third-party rights, causing the Company to receive third-party claims, litigation, administrative fines, or reputational damage, that user shall fully compensate the Company's all losses (including attorney fees, litigation costs, settlement amounts, platform cleanup costs), processed per §17 of the Terms of Service.

10.6 Severability

Where any provision of this Policy is held invalid or unenforceable, only that provision shall be invalidated; the remaining provisions remain effective.

10.7 Governing Law and Jurisdiction

This Policy is interpreted in accordance with the laws of the Republic of China (Taiwan). For disputes arising under this Policy, the parties consent to the Taiwan Taipei District Court as the court of first instance with jurisdiction; foreign parties also consent to the jurisdiction stated in the Consent to Service Statement under Article 90-9 of the Copyright Act in their counter-notices.