Legal

Copyright and Takedown Policy (DMCA) — Misura

Document: Copyright / DMCA Policy (worldwide scope) Product: Misura — a mobile app (iOS and Android) for nutrition and training (running and gym) tracking, plus a companion website misura-app.com. Owner / Controller: Rafael Antonio Berrios Cuneo, with registered address at Tacna, Perú (hereinafter, "Misura", "we", "us" or "our"). General contact: rafoantoni@gmail.com Effective date: August 7, 2026 Governing law: Peru (subject to the mandatory-local-rights carve-out in Section 20).

This Copyright and Takedown Policy (the "Policy") forms part of, and is incorporated by reference into, Misura's Terms of Service (the "Terms" or "ToS") and its Acceptable Use Policy (the "AUP"). In the event of a conflict between this Policy and the Terms with respect to the subject matter regulated here, this Policy prevails as it specifically relates to copyright claims and the takedown procedure; in all other respects, the Terms prevail. Capitalized terms not defined here have the meaning given to them in the Terms.

1. Purpose and scope

1.1. Misura respects the intellectual property rights of third parties and requires those who use the Service to do the same. This Policy describes (a) how to notify us of an alleged copyright infringement so that we remove or disable access to the material, (b) how to submit a counter-notification if your content was removed by mistake or misidentification, (c) our repeat-infringer termination policy, and (d) how we handle copyright claims originating from any jurisdiction worldwide.

1.2. Worldwide scope. The Service is available globally. This Policy applies to the Service as a whole, regardless of the country from which it is accessed, and includes:

  • the Misura mobile app for iOS and Android;
  • the companion website misura-app.com and any associated subdomain or service;
  • all user-generated content ("UGC"), including, without limitation: user-created foods, "request a food" submissions, custom recipes, saved training routines, and shared or exported activity image-cards; and
  • any other content, material, text, image, data or file hosted, transmitted, stored, synced or displayed through the Service.

1.3. Reference legal framework. The procedure described in Sections 6 through 12 has been designed following the structure of the United States Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. § 512, as a widely recognized international standard. Use of this structure does not constitute Misura's submission to the jurisdiction of the United States nor a waiver of the governing law stated in Section 20, and is offered without prejudice to the mechanisms provided by the laws of other jurisdictions (see Section 13).

2. Definitions

In this Policy:

2.1. "Rightsholder" means the natural or legal person who owns a copyright or related right, or its duly authorized agent or representative.

2.2. "Complainant" means a party who submits a Takedown Notice under Section 7.

2.3. "Takedown Notice" means the communication described in Section 7 alleging a copyright infringement.

2.4. "Counter-notification" means the communication described in Section 9 submitted by the user whose content was removed or disabled.

2.5. "Flagged Content" means the material that a Takedown Notice identifies as allegedly infringing.

2.6. "Designated Agent" means the person identified in Section 6 to receive copyright-related notifications.

2.7. "Business days" means days other than Saturdays, Sundays and official public holidays in the jurisdiction stated in Section 20.

2.8. "User" means any person who accesses or uses the Service, including registered users and visitors.

3. Commitment to intellectual property

3.1. It is Misura's policy to respond to notices of alleged copyright infringement that comply with applicable law and with this Policy, and to take the reasonable measures that may be appropriate, including removing or disabling access to the Flagged Content.

3.2. To the maximum extent permitted by applicable law, Misura reserves the right — but assumes no obligation — to monitor, review, filter, restrict, remove or disable any content on the Service, at any time and for any reason, including suspected infringement of third-party rights, without prior notice.

3.3. Misura's taking of any measure under this Policy does not constitute (a) an admission of liability, (b) an acknowledgment that an infringement does or does not exist, (c) a waiver of any right, defense or remedy, nor (d) the assumption of any forward-looking duty to monitor. Misura retains all of its rights, defenses and remedies in full, to the maximum extent permitted by applicable law.

4. Misura's intellectual property

4.1. The Service, including its software, code, algorithms, the planning engine (PPA), the on-device vision models and infrastructure, the food and nutrient databases, the design, interface, graphics, icons, typography, texts, the "Misura" trademark, logos, trade names and other distinctive signs, and their selection, coordination and arrangement, are the property of Misura or its licensors and are protected by copyright, trademark and other intellectual property laws worldwide.

4.2. Except for the limited license to use the Service granted in the Terms, no right, title or interest in Misura's intellectual property is granted to the User. Copying, reproducing, extracting, scraping, decompiling, reverse-engineering, redistributing, reselling or creating derivative works from the Service or any of its components is prohibited, save with Misura's express written authorization or to the extent that applicable law mandatorily permits it (see Section 20).

4.3. All rights not expressly granted are reserved to Misura, to the maximum extent permitted by applicable law.

5. User-generated content and license

5.1. The User retains ownership of any intellectual property rights the User holds in the UGC the User provides to the Service. The User is solely responsible for the UGC the User creates, uploads, posts, shares, exports or syncs, including user-created foods, "request a food" submissions, custom recipes, saved routines and activity image-cards.

5.2. By providing UGC, the User represents and warrants that the User holds the necessary rights or has sufficient licenses, permissions and authorizations, and that the UGC does not infringe any copyright, trademark, privacy or publicity right, or any other third-party right.

5.3. The User grants Misura the license over the UGC described in the Terms (for the purposes of operating, improving and providing the Service). This Policy neither expands nor replaces that license; in case of doubt, the Terms govern.

5.4. The User shall indemnify and hold Misura harmless against third-party claims arising from the UGC, on the terms and to the extent set out in the indemnification clause of the Terms, to the maximum extent permitted by applicable law.

6. Designated Agent for copyright notifications

6.1. Misura has designated the following agent to receive Takedown Notices and Counter-notifications relating to copyright:

  • Name / title of the Designated Agent: Rafael Antonio Berrios Cuneo
  • Email: rafoantoni@gmail.com
  • Postal address: Tacna, Perú

6.2. The Designated Agent handles exclusively communications relating to copyright and other intellectual property rights under this Policy. Inquiries of any other nature must be directed to rafoantoni@gmail.com and will not be treated as an infringement notice.

6.3. Submission by email to rafoantoni@gmail.com is recommended to expedite processing. The postal address Tacna, Perú is offered as an alternative channel.

7. How to submit a Takedown Notice (required elements)

7.1. If you are a Rightsholder and believe in good faith that content accessible through the Service infringes your copyright, you may submit a written Takedown Notice to the Designated Agent (Section 6). To be valid and compliant with 17 U.S.C. § 512(c)(3) of the DMCA, the notice must include each and every one of the following six elements:

  1. A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright allegedly infringed.
  2. Identification of the copyrighted work claimed to have been infringed or, if a single notice covers multiple works at a single site, a representative list of such works.
  3. Identification of the Flagged Content claimed to be infringing or that is the subject of the removal or disabling request, with information reasonably sufficient for Misura to locate it (for example: URL, food identifier, recipe, routine or card, username, screenshots, date and time).
  4. Contact information of the Complainant sufficient for Misura to reach them, including, as applicable, a postal address, telephone number and email address.
  5. A good-faith statement that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  6. A statement of accuracy that the information in the notice is accurate and, under penalty of perjury (or an equivalent statement of responsibility under applicable law), that the Complainant is authorized to act on behalf of the owner of the copyright allegedly infringed.

7.2. Consequences of an incomplete notice. A notice that does not substantially comply with the six elements above may have no legal effect and Misura may decline to act on it. Nonetheless, Misura reserves the right, in its sole discretion, to attempt to contact the Complainant to cure the notice, or to act voluntarily with respect to content that appears to infringe rights, without thereby creating any forward-looking obligation.

7.3. Submission. Send the Takedown Notice, preferably by email, to rafoantoni@gmail.com, or by postal mail to Tacna, Perú. Using the subject line "Copyright Takedown Notice — Misura" is recommended.

7.4. Warning about misrepresentations. Before sending a notice, read Section 11 (Liability for misrepresentation). Submitting false, abusive or bad-faith claims may result in liability, including the obligation to pay damages, costs and attorneys' fees.

8. Misura's action upon receiving a Takedown Notice

8.1. Upon receiving a Takedown Notice that substantially complies with Section 7, Misura may, expeditiously and to the maximum extent permitted by applicable law:

  • remove or disable access to the Flagged Content;
  • notify the User who provided the content that it has been removed or disabled;
  • forward to the User a copy of the Takedown Notice, including the Complainant's contact information, unless prohibited by law; and
  • document the claim for purposes of the repeat-infringer policy (Section 12).

8.2. To the maximum extent permitted by applicable law, Misura shall not be liable to the User or to any third party for any measure taken in good faith under this Policy, including the removal or disabling of content, whether or not such content is ultimately found to be infringing.

8.3. Misura may, in its sole discretion and to the maximum extent permitted by applicable law, (a) retain copies of the Flagged Content and of the notices for evidentiary, legal-compliance and repeat-infringer-management purposes; (b) transmit the text of the notices (with personal data redacted where appropriate) to third-party transparency repositories, such as the Lumen project; and (c) publish aggregate statistics about the notices received.

8.4. Misura does not adjudicate ownership disputes. It is for the Complainant and the User to resolve between themselves any dispute over ownership or lawful use of the content, without prejudice to the counter-notification procedure in Section 9.

9. Counter-notification (if your content was removed by mistake)

9.1. If you are a User whose content was removed or disabled and you believe in good faith that this was due to a mistake or a misidentification of the content, you may submit a written Counter-notification to the Designated Agent (Section 6). To be valid and compliant with 17 U.S.C. § 512(g)(3) of the DMCA, the Counter-notification must include all of the following elements:

  1. The User's physical or electronic signature.
  2. Identification of the content that was removed or disabled and the location at which it appeared before its removal or disabling (for example, the URL, the food identifier, recipe, routine or card).
  3. A statement, under penalty of perjury (or an equivalent statement of responsibility under applicable law), that the User has a good-faith belief that the content was removed or disabled as a result of mistake or misidentification.
  4. The User's name, postal address and telephone number, together with a statement that the User:
    • (a) consents to the jurisdiction of the Federal District Court for the judicial district in which the User's address is located or, if that address is outside the United States, of any judicial district in which Misura may be found; and
    • (b) will accept service of process from the Complainant who submitted the Takedown Notice, or its agent.

9.2. Submission. Send the Counter-notification, preferably by email, to rafoantoni@gmail.com, or by postal mail to Tacna, Perú, with the subject line "Copyright Counter-notification — Misura".

9.3. Warning about misrepresentations. Before sending a Counter-notification, read Section 11. Falsely stating that content was removed by mistake may result in liability, including damages, costs and attorneys' fees.

10. Processing of the Counter-notification and restoration timeline

10.1. Upon receiving a Counter-notification that substantially complies with Section 9, Misura will, expeditiously, forward a copy of the Counter-notification to the original Complainant and inform them that it will restore the removed content or re-enable access to it within a period of not less than ten (10) nor more than fourteen (14) business days from receipt of the Counter-notification.

10.2. Misura will restore the removed content or re-enable access to it within that 10-to-14-business-day period, unless the Designated Agent first receives, from the original Complainant, notice that the Complainant has filed a court action seeking an order to restrain the User from engaging in the infringing activity relating to the content on the Service.

10.3. Reservation of discretion. Notwithstanding the foregoing, and to the maximum extent permitted by applicable law, Misura retains the ability to decline to restore content whose publication would violate the Terms, the AUP, this Policy or any applicable law, or where there are other legitimate grounds to keep it removed. Restoration under this Section does not obligate Misura to keep the content indefinitely nor limit its right to remove it again for any permitted reason.

10.4. The timelines in this Section refer to the restoration of content following a valid Counter-notification and do not constitute a commitment to response times for the Takedown Notices in Section 7, which will be handled expeditiously.

11. Liability for misrepresentation (17 U.S.C. § 512(f))

11.1. Under 17 U.S.C. § 512(f) of the DMCA and analogous principles in other jurisdictions, any person who knowingly materially misrepresents (a) that material or activity is infringing, or (b) that material or activity was removed or disabled by mistake or misidentification, may be liable for damages — including costs and attorneys' fees — incurred by the alleged infringer, the rightsholder or its licensee, or Misura, as the result of relying upon such misrepresentation in removing, disabling or restoring the content.

11.2. To the maximum extent permitted by applicable law, Misura reserves the right to claim and recover from any Complainant or User who engages in misrepresentation all damages, costs, expenses and fees Misura incurs as a result of such statements, and to provide the affected parties and competent authorities with the information necessary for them to pursue their claims.

11.3. Submitting repeated, persistently incomplete, abusive, reckless or bad-faith notices or counter-notifications may be treated by Misura as misuse of the Service under the AUP and the Terms, and may give rise to the measures provided for therein, including suspension or termination of the account.

12. Repeat-infringer policy

12.1. It is Misura's policy, in appropriate circumstances and in its sole discretion, to suspend or terminate the accounts of Users who are repeat infringers of copyright or other intellectual property rights, and to restrict their access to the Service.

12.2. Guiding criterion. Without prejudice to Misura's discretion, a User will normally be considered a repeat infringer if the User accumulates two (2) or more distinct and well-founded infringement claims (valid Takedown Notices that have not been reversed by a successful Counter-notification or by a contrary determination) within a period of six (6) months, or three (3) or more over the lifetime of the account. These thresholds are indicative and do not limit Misura's ability to act earlier or later according to the circumstances.

12.3. Serious cases. Misura may suspend or terminate an account immediately and upon a single infringement, without the need for repetition, where the infringement is serious, manifest, willful, on a commercial scale, or where required by law or by an order of a competent authority.

12.4. Effects of termination. Termination for repeat infringement may entail deletion of the associated content, loss of access to the account and the hosted data, and a prohibition on creating new accounts. Misura will endeavor, where reasonable and legally possible, to notify the User, but is not obligated to do so in advance. All of the foregoing applies to the maximum extent permitted by applicable law and in accordance with the termination provisions of the Terms.

12.5. Misura will maintain a reasonable record of claims for the purpose of applying this policy, subject to its Privacy Policy and applicable data-protection law.

13. Claims from any jurisdiction (worldwide analog)

13.1. Although the procedure in Sections 6 through 12 follows the structure of the U.S. DMCA, Misura welcomes and handles copyright and other intellectual property claims originating from any jurisdiction worldwide, regardless of whether the DMCA applies to the Complainant.

13.2. Rightsholders acting under other legal frameworks — for example, Directive (EU) 2000/31/EC on electronic commerce, Directive (EU) 2019/790 on copyright in the digital single market, Regulation (EU) 2022/2065 on Digital Services (DSA), the laws of Peru or other national rules — may direct their claim to the Designated Agent (Section 6). To facilitate processing, please provide, so far as possible, information equivalent to that required in Section 7: identification of the claimant and its standing, identification of the protected work, identification and location of the content, the legal basis of the claim, and a statement of good faith and accuracy.

13.3. Misura will handle such claims in accordance with applicable law and this Policy, and will apply, where relevant and to the maximum extent permitted by applicable law, treatment analogous to that provided in Sections 8 through 12 (removal or disabling, notice to the User, opportunity to respond, and repeat-infringer policy).

13.4. Nothing in this Section obligates Misura to apply a procedure other than that mandatorily required by the law applicable to the specific case, nor expands the Complainant's rights beyond what that law recognizes.

14. Other intellectual property rights (trademarks and the like)

14.1. This Policy focuses on copyright, but the same channel (the Designated Agent in Section 6) may be used to report alleged infringements of trademarks or other intellectual property rights on the Service. In such cases, please identify the sign or right invoked, its ownership and registration (if any), the content and its location, and a statement of good faith and accuracy.

14.2. Misura will handle such claims expeditiously and may take measures analogous to those in this Policy, to the maximum extent permitted by applicable law, without thereby assuming any forward-looking duty to monitor.

15. Third-party content and integrations

15.1. The Service allows connection with third-party services, including intervals.icu (including Strava and Garmin data accessible through that service), Hevy, Apple Health and Android Health Connect. Content and data originating from those third-party services are also governed by the terms and policies of those third parties.

15.2. Copyright claims relating to content that is displayed, stored or synced through the Service may be directed to the Designated Agent (Section 6). However, where the content resides primarily on, or originates from, a third-party service, Misura may direct the Complainant to bring the claim to the relevant provider, without prejudice to any measures Misura may take with respect to the copies or representations hosted on its own Service.

16. No waiver of rights; reservations

16.1. Misura's action or inaction under this Policy, or any delay in exercising a right, does not constitute a waiver of any of Misura's rights, defenses or remedies, which are retained in full to the maximum extent permitted by applicable law.

16.2. Misura reserves the right to reject, disregard or take down notices that do not comply with this Policy or with applicable law, and to take any additional measures it deems appropriate against infringements of rights, all without assuming any obligation to do so generally or going forward.

16.3. No provision of this Policy limits any other rights or remedies of Misura provided for in the Terms, in the AUP or under applicable law, which are understood to be cumulative.

17. Language and versions

17.1. The Spanish-language version of this Policy is the canonical and controlling version. Any translation into other languages (including this English version) is provided for convenience only. In the event of any discrepancy or conflict of interpretation between the Spanish version and any translation, the Spanish version prevails, to the maximum extent permitted by applicable law and without prejudice to the mandatory local rights in Section 20.

18. Amendments to this Policy

18.1. Misura may amend this Policy at any time to reflect legal, operational or Service changes. The version in force will be the one published at misura-app.com with the "Effective date" stated at the top. If the changes are material, Misura will endeavor to give notice by reasonable means (for example, an in-app notice or email) before they take effect.

18.2. Continued use of the Service after a modified version takes effect implies acceptance of it, to the maximum extent permitted by applicable law.

19. Severability

19.1. If a court or competent authority declares any provision of this Policy invalid, illegal or unenforceable, that provision will be construed and applied to the maximum extent permitted by applicable law so as to come as close as possible to the original intent, and the remaining provisions will remain in full force and effect. The invalidity of a provision in one jurisdiction will not affect its validity in others.

20. Governing law and mandatory-local-rights carve-out

20.1. This Policy is governed by and construed in accordance with the law of Peru, without regard to its conflict-of-laws rules, and without prejudice to the governing-law and dispute-resolution clause of the Terms.

20.2. Mandatory-local-rights carve-out. Notwithstanding Section 20.1 and any other provision of this Policy, nothing herein shall reduce, exclude or limit the mandatory, non-waivable rights that the law of the User's country of habitual residence (or any other mandatorily applicable law) grants the User and that cannot be excluded by agreement. Where a provision of this Policy conflicts with such mandatory rights, that provision will apply to the maximum extent permitted by applicable law, and only to the strictly necessary extent will it yield to those mandatory rights, without affecting the validity of the rest of the Policy (see Section 19).

20.3. References to the DMCA and to U.S. provisions are procedural and international-standard in nature, in accordance with Section 1.3, and do not alter the governing law of this Section.

21. Contact and cross-references

21.1. Copyright notifications (Takedown Notices and Counter-notifications): Designated Agent — Rafael Antonio Berrios Cuneo, rafoantoni@gmail.com, Tacna, Perú (Section 6).

21.2. Other inquiries (including general, privacy or support matters): rafoantoni@gmail.com.

21.3. Related documents (incorporated by reference and to be read together with this Policy):

  • Misura's Terms of Service (ToS) — the general contractual relationship, UGC license, indemnification, termination, governing law and dispute resolution.
  • Misura's Acceptable Use Policy (AUP) — prohibited conduct, including infringement of third-party rights, misuse of the Service and abuse of the notification channels.
  • Misura's Privacy Policy — the processing of personal data, including data collected within the framework of this Policy.

21.4. In the event of a conflict over the specific subject matter of copyright and the takedown procedure, this Policy prevails; in all other respects, the Terms prevail (introductory section).

End of document. English translation of the canonical Spanish version. Effective date: August 7, 2026. Owner: Rafael Antonio Berrios Cuneo, Tacna, Perú. Website: misura-app.com.