Intellectual Property & DMCA Policy

AQNOVA MARKETPLACE

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AqNova's Complete IP Rights Framework — Copyright, Trademark, Design Rights, Patents, DMCA, Global Notice-and-Takedown, Brand Registry & Repeat Infringer Policy

Effective Date: April 7, 2026 | Version 1.0 | Arivon Holding Corporation

AqNova's Intellectual Property & DMCA Policy establishes the complete framework governing how AqNova protects intellectual property rights on the Platform — as a matter of legal compliance, ethical commitment, and marketplace integrity. Intellectual property protection is of particular importance to AqNova as a curated sustainable marketplace: sustainability certifications, brand identities, and innovation in eco-friendly product design represent the core assets of many of AqNova's Vendor partners, and protecting these assets is part of AqNova's value proposition to all participants.

This Policy covers: the types of intellectual property protected; how rights holders can enforce their rights on the Platform; how AqNova processes notices and conducts investigations; the counter-notice and appeals process; the Brand Registry program; AqNova's repeat infringer policy; and the applicable legal framework by jurisdiction. This Policy applies globally and supplements the Prohibited & Restricted Items Policy (Section 5.7) and the Trust, Safety & Marketplace Integrity framework (Section 5.0).

5.8.1 Types of Intellectual Property Protected on AqNova

AqNova's IP framework protects all major forms of intellectual property that are relevant to products and content on the Marketplace:

5.8.2 AqNova's IP Obligations — Platform Safe Harbors

AqNova operates as an online marketplace hosting content uploaded by third-party Vendors. As a hosting service provider, AqNova may qualify for statutory safe harbors that limit its liability for Vendor-uploaded infringing content — provided AqNova meets the applicable conditions. Understanding these safe harbors is important for rights holders and Vendors alike.

A. US DMCA Safe Harbor (17 U.S.C. § 512(c))

AqNova may qualify as a service provider storing content at the direction of users under the DMCA § 512(c) safe harbor. Conditions for DMCA safe harbor eligibility:

AqNova does not have actual knowledge that the material is infringing; OR upon obtaining such knowledge or awareness, AqNova acts expeditiously to remove or disable access to the infringing material.

AqNova does not receive a financial benefit directly attributable to the infringing activity where AqNova has the right and ability to control that activity.

Upon notification of claimed infringement, AqNova responds expeditiously to remove or disable access to the infringing material (notice and takedown).

AqNova has designated an agent to receive DMCA notices, registered that agent with the US Copyright Office, and published contact information for that agent on its Platform.

AqNova has adopted and reasonably implemented a policy for terminating the accounts of repeat infringers (see Section 5.8.16).

B. EU e-Commerce Directive Safe Harbor (Art. 14)

Under EU Directive 2000/31/EC (e-Commerce Directive) Article 14, AqNova may not be liable for information stored by Vendors, provided: (a) AqNova has no actual knowledge of the illegal activity or information; and (b) upon obtaining such knowledge or awareness, AqNova acts expeditiously to remove or disable access to the information. The EU Digital Services Act (DSA) updates and supplements this framework without removing the underlying safe harbor.

C. UK Online Safe Harbor (e-Commerce Regulations 2002)

The Electronic Commerce (EC Directive) Regulations 2002 (SI 2002/2013) implement Article 14 of the EU e-Commerce Directive in UK law (retained post-Brexit). The same conditions apply as described in Section 5.8.2.B.

D. Safe Harbor Conditions AqNova Maintains

To maintain eligibility for applicable safe harbor protections, AqNova:

Operates a clearly accessible and effective IP notice-and-takedown mechanism.

Responds to valid DMCA notices within 5 Business Days (expeditiously, per DMCA standard).

Does not actively monitor user-uploaded content for infringement (consistent with intermediary liability principles) but does act on reports received.

Maintains a repeat infringer policy and implements it reasonably, including account suspension and termination where appropriate.

Registers and maintains AqNova's DMCA Designated Agent registration with the US Copyright Office.

5.8.3 DMCA Notice and Takedown — US (17 U.S.C. § 512)

The Digital Millennium Copyright Act (DMCA, 17 U.S.C. § 512) provides the legal framework for copyright notice-and-takedown in the United States. AqNova's DMCA compliance program is the foundation of its global IP enforcement system.

A. AqNova's DMCA Designated Agent

B. Required Elements of a Valid DMCA Notice (17 U.S.C. § 512(c)(3))

A valid DMCA notice must include ALL of the following elements. Incomplete notices will be returned with a request for the missing information and will not receive DMCA-safe-harbor processing until they are complete:

ELEMENT 1 — Physical or Electronic Signature: a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright or other exclusive right that is allegedly infringed. An electronic signature may be the typed name of the authorized person in their own capacity or on behalf of the rights holder.

ELEMENT 2 — Identification of the Copyrighted Work: identification of the copyrighted work (or multiple works at a single online site covered by a single notification) claimed to have been infringed. For copyright: description of the work including title, copyright registration number (if registered), and when it was created. For trademarks: the trademark registration number, jurisdiction of registration, and description of the mark. For sustainability certification marks: the certifying body, the certification name, and the certificate number.

ELEMENT 3 — Identification of Infringing Material: identification of the material that is claimed to be infringing or the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit AqNova to locate the material. This must include the specific URL(s) of the infringing product listing(s). A blanket notice without specific URLs will not be actioned.

ELEMENT 4 — Contact Information: information reasonably sufficient to permit AqNova to contact the complaining party: name, address, telephone number, and electronic mail address.

ELEMENT 5 — Good Faith Belief Statement: a statement that the complaining party has 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. This is a factual statement — the complainant must believe the use is unauthorized, not merely that they prefer it not occur.

ELEMENT 6 — Accuracy and Authority Statement: a statement under penalty of perjury that the information in the notification is accurate and that the notifying party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

A. EU DSA Article 16 — Notice and Action Mechanism

The EU Digital Services Act (2022/2065/EU) Article 16 requires online platforms to establish an easily accessible and user-friendly electronic notice-and-action mechanism through which users can notify the service provider of specific information that they consider to be illegal content — including IP-infringing content. AqNova's IP notice submission system at ip@aqnova.co and the on-platform "Report This Listing" mechanism together constitute this DSA Art. 16-compliant notice-and-action mechanism.

DSA Article 17 requires AqNova to provide the Vendor whose content is restricted a statement of reasons, without undue delay, including information about the means of redress available. AqNova's notice-and-takedown process includes a statement of reasons in the notification sent to the Vendor.

EU DSA Article 22 establishes a trusted flagger regime: entities certified as trusted flaggers by EU Member State Digital Services Coordinators receive priority processing of their IP infringement notices. AqNova processes trusted flagger IP notices within 48 hours.

B. EU Copyright in the Digital Single Market Directive (2019/790/EU)

The EU Copyright Directive (CDSM Directive) introduces, among other provisions, Article 17 (formerly Article 13 in the proposal), which imposes obligations on certain online content-sharing service providers (OCSSPs) to obtain licenses from rights holders or apply best-efforts measures to prevent the upload of infringing content. AqNova evaluates whether its activities constitute an OCSSP under the CDSM Directive and complies with applicable obligations in EU Member States where the Directive has been implemented.

C. EU Trade Marks Regulation — Marketplace Obligations

Under EU Trade Marks Regulation (2017/1001/EU), EU trademark owners have the right to prevent unauthorized use of their marks in the course of trade. AqNova's trademark notice-and-takedown process is the practical mechanism through which trademark rights are exercised against infringing Vendor listings. AqNova's cooperation with the EU Intellectual Property Enforcement Directive (IPRED, 2004/48/EC) includes providing rights holders with information necessary to pursue infringers through civil proceedings where required by court order.

A. Copyright, Designs and Patents Act 1988 (CDPA)

The CDPA is the primary UK copyright law. AqNova processes UK copyright infringement notices consistent with the CDPA and the UK implementation of the e-Commerce Directive safe harbor (Electronic Commerce Regulations 2002, SI 2002/2013). Notices submitted by UK rights holders should reference the specific UK copyright right relied upon and include a statement consistent with UK law.

B. UK Trade Marks Act 1994

UK trademark rights are protected under the Trade Marks Act 1994. AqNova processes UK trademark infringement notices in the same manner as EU trademark notices, applying the UK-specific registration number where applicable. Rights holders may submit UK trade mark infringement notices to ip@aqnova.co.

C. UK Registered Designs Act / Unregistered Design Right

UK design rights protect the appearance of all or part of a product resulting from the features of, in particular, the lines, contours, colors, shape, texture and/or materials of the product itself and/or its ornamentation. AqNova processes notices from UK registered design holders in the same manner as copyright notices. Unregistered UK design right claims are evaluated based on the specific evidence of copying submitted.

5.8.6 Canada — Copyright Act Notice-and-Notice Regime

Canada's Copyright Act (R.S.C. 1985, c. C-42), as amended by the Copyright Modernization Act 2012, established a notice-and-notice regime rather than a DMCA-style notice-and-takedown system. Under Canada's notice-and-notice regime:

Rights holders may send copyright infringement notices to internet service providers (ISPs) and online platforms.

ISPs and platforms are required to forward the notice to the allegedly infringing user (here, the applicable Vendor) without being required to take down the allegedly infringing content.

AqNova's response to valid Canadian copyright notices: AqNova forwards the notice to the applicable Vendor and records the notice for compliance purposes. AqNova may, but is not required by Canadian law to, remove the infringing content under the notice-and-notice regime. AqNova may nonetheless remove content that it independently determines to be infringing, in accordance with the Trust, Safety & Marketplace Integrity framework.

Rights holders pursuing injunctive relief in Canada may seek a Norwich order or other court order requiring AqNova to disclose the identity of the infringing Vendor for the purposes of civil proceedings.

Canadian trademark rights under the Trade-marks Act (R.S.C. 1985, c. T-13) are enforced through direct notice submission to ip@aqnova.co. AqNova processes Canadian trademark notices under its global IP notice procedure (see Section 5.8.8).

5.8.7 Global IP Notice Frameworks — Jurisdiction Reference Table

The following table provides a reference overview of the applicable IP notice frameworks and key characteristics across AqNova's operating markets:

5.8.8 How to Submit an IP Infringement Notice — Complete Guide

AqNova provides three channels for submitting IP infringement notices. The Brand Registry portal provides the fastest processing; the email channel accommodates detailed or complex notices; and the on-platform report button is available for quick reporting.

A. Submission Channels

B. Notice Requirements by IP Type

5.8.9 Notice Processing — What Happens After Submission

5.8.10 DMCA Counter-Notice Procedure (17 U.S.C. § 512(g))

Where a Vendor's listing has been removed in response to a DMCA notice, and the Vendor believes the removal was mistaken or misidentified (e.g., the content is not infringing; the content is within fair use; the Vendor holds a license; the rights holder did not hold the rights claimed), the Vendor has the right to submit a counter-notice under DMCA § 512(g).

A. Required Elements of a Valid DMCA Counter-Notice (17 U.S.C. § 512(g)(3))

ELEMENT 1 — Vendor's Physical or Electronic Signature: the Vendor's physical or electronic signature.

ELEMENT 2 — Identification of Removed Material: identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled.

ELEMENT 3 — Good Faith Belief Statement: a statement under penalty of perjury that the Vendor has 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.

ELEMENT 4 — Contact Information and Jurisdiction Consent: the Vendor's name, address, and telephone number, and a statement that the Vendor consents to the jurisdiction of the federal district court for the judicial district in which the Vendor's address is located (or if the Vendor is outside the United States, of any judicial district in which AqNova may be found), and that the Vendor will accept service of process from the person who provided notification of the infringement claim or that person's agent.

B. Counter-Notice Process

Submission: counter-notices must be submitted to ip@aqnova.co [Subject: DMCA Counter-Notice — Listing: XXXXXX — [Reference Number from Removal Notice]].

AqNova forwards the counter-notice: AqNova forwards the counter-notice to the original complainant within 2 Business Days of receipt.

10–14 Business Day window: after forwarding the counter-notice, AqNova waits 10–14 Business Days for the complainant to notify AqNova that it has filed a court action seeking to restrain the Vendor from engaging in the infringing activity (DMCA § 512(g)(2)(C)).

Reinstatement: if AqNova does not receive notification of litigation within the 10–14 Business Day window, AqNova may reinstate the removed listing.

Litigation notification: if the complainant notifies AqNova of litigation within the window, the listing remains disabled pending the court's resolution of the dispute.

C. Non-DMCA Markets — Counter-Notice Equivalent

For IP infringement notices submitted under non-US frameworks (EU, UK, Canada, Australia, India, etc.), the Vendor's right to contest a listing removal operates through AqNova's internal appeals process (Section 5.15 of Section 5.0 — Trust, Safety & Marketplace Integrity) rather than the statutory DMCA counter-notice process. The Vendor may submit an appeal to trust@aqnova.co within 10 Business Days of the removal notification. AqNova will review the appeal independently and may reinstate the listing where the appeal is upheld.

A. What Constitutes Trademark Infringement on AqNova

AqNova treats the following as trademark infringement in product listings:

Using a registered trademark in a product title, description, or keywords to describe a product that is not genuinely produced by or under license from the trademark owner, where the use is likely to cause confusion about the source of the product.

Listing counterfeit products that bear a fake version of a registered trademark — products designed to be passed off as genuine branded goods.

Using a famous trademark (Lanham Act § 1125(c); EU EUTMR — reputation marks) in a manner likely to dilute the distinctiveness of that mark or tarnish its reputation, even without causing direct consumer confusion.

Comparative advertising that falsely implies endorsement or affiliation: using a competitor's trademark in a way that falsely implies endorsement, license, or official affiliation.

B. Nominative Fair Use — What Is NOT Trademark Infringement

Certain uses of trademarks in product listings are permitted and do not constitute infringement:

Nominative use: using a trademark to accurately describe the product being sold — for example, "Compatible with iPhone 15" or "Fits Mercedes C-Class" uses the iPhone or Mercedes trademark nominatively to describe compatibility. This is generally permissible under nominative fair use doctrine (New Kids on the Block v. News America Publishing).

Genuine used goods: a Vendor selling genuinely used or pre-owned branded goods (authentic, not counterfeit) may use the brand name to accurately describe the product being sold.

Authorized resellers: authorized resellers or distributors of genuine branded goods may use the brand name to describe the products they are selling, provided the reseller relationship is genuine and authorized.

AqNova will consider claims of nominative fair use, authorized resale, or genuine used goods in evaluating trademark infringement notices. Vendors who receive a trademark takedown notice and believe their use falls within a permissible category should submit a counter-notice (for DMCA) or appeal (for non-US) with specific evidence of authorization or fair use.

5.8.12 Design Rights & Trade Dress

Design rights protect the visual appearance of a product or its packaging. Trade dress protects the overall commercial image and distinctive visual presentation of a product or its branding that consumers associate with a single source. AqNova processes design rights and trade dress infringement notices as follows:

Registered design rights: where a Vendor's product copies or substantially copies a registered design (EUIPO registered Community Design; UKIPO registered design; US design patent; national registered design in applicable jurisdiction), the rights holder may submit a notice with the registration number and evidence of copying. AqNova reviews the notice against the registered design and may remove the listing where copying is evident.

Unregistered Community Design (EU) / UK unregistered design right: the first three years of an unregistered Community Design (EU) and UK unregistered design right provide protection against copying. Rights holders must establish that: (a) their design is original; (b) the Vendor's product is a copy (not independently created); and (c) the rights holder holds the unregistered design right. AqNova requires more evidence for unregistered design claims than for registered designs.

US trade dress (15 U.S.C. § 1125(a)): trade dress must be distinctive (inherently or through acquired secondary meaning) and non-functional. AqNova will evaluate trade dress notices carefully given the complexity of these claims. Clear cases of deliberate trade dress copying will be actioned; ambiguous cases may be declined with guidance for the rights holder to pursue civil remedies.

5.8.13 Patent Infringement

Patent infringement claims require technical assessment that AqNova is not qualified to conduct as a marketplace operator. AqNova's approach to patent infringement notices is therefore more limited than for copyright and trademark notices:

AqNova will take action on the basis of a court order: where a court of competent jurisdiction has issued an injunction or order confirming that a specific product infringes a specified patent, AqNova will remove the infringing listing and notify the Vendor of the court order.

AqNova may take voluntary action where infringement is clear: in cases where the patent infringement is highly evident from the patent claims and the product description (e.g., a product that explicitly describes practicing a patented method step-by-step), AqNova may voluntarily suspend the listing pending the parties seeking court-ordered relief.

AqNova does not adjudicate contested patent disputes: where patent infringement is genuinely disputed (e.g., claim construction is contested; Vendor asserts the product does not meet all claim elements; Vendor asserts invalidity of the patent), AqNova will direct the parties to resolve the dispute through the applicable patent court or tribunal and will act on the resulting order.

Rights holders seeking patent infringement enforcement on AqNova are encouraged to obtain a court order confirming infringement and submit that order to ip@aqnova.co for immediate action.

5.8.14 Sustainability Certification Mark Protection

Sustainability certification marks — USDA Organic, Fairtrade International, FSC, B Corp, Energy Star, EU Ecolabel, GOTS, OEKO-TEX, MSC, Rainforest Alliance, and others — are registered trademarks or certification marks of their respective certifying bodies. Their unauthorized display constitutes both trademark infringement and greenwashing, which is of particular concern on a sustainability-focused marketplace. AqNova gives sustainability certification mark violations the highest priority in its IP enforcement program.

5.8.15 AqNova Brand Registry Program

AqNova's Brand Registry program enables registered trademark owners and certification mark holders to monitor and protect their intellectual property on the Platform proactively — rather than reactively. Brand Registry members benefit from accelerated enforcement, ongoing monitoring tools, and a dedicated reporting dashboard.

A. Eligibility & Enrollment

Who can enroll: the owner of a registered trademark in one or more of AqNova's operating markets; or the authorized exclusive licensee of such a trademark; or a certifying body that owns or administers a certification mark.

How to enroll: apply through the Brand Registry enrollment page at [aqnova.co/brand-registry/enroll]. Submit: (a) trademark registration certificate(s) for each mark, in each applicable jurisdiction; (b) specimen of use (showing the mark in use in commerce); (c) authorized representative details; (d) contact information for notice submissions.

Verification: AqNova verifies the trademark registration against the applicable trademark registry (USPTO, EUIPO, UKIPO, or national registry) before granting Brand Registry access.

Enrollment fee: Brand Registry enrollment is free of charge for rights holders.

B. Brand Registry Benefits

Accelerated notice processing: Brand Registry notices are processed within 48 hours (vs. 5 Business Days for standard IP notices).

Monitoring dashboard: registered brands have access to a dashboard showing all AqNova listings that include their registered trademark terms, enabling proactive monitoring for unauthorized use.

One-click reporting: the Brand Registry portal enables one-click reporting of infringing listings from the monitoring dashboard, with automatic population of notice fields.

Counterfeit identification alerts: AqNova's AI-assisted listing monitoring sends alerts to Brand Registry members when new listings are detected that match their brand's trademark terms and display pricing patterns inconsistent with authentic goods (potential counterfeit indicator).

Sustainability certification partnership: certifying bodies (Fairtrade International, FSC, B Lab, etc.) enrolled in Brand Registry receive daily alerts for listings displaying their certification marks, enabling rapid identification of unauthorized use.

C. Brand Registry Responsibilities

Brand Registry members are expected to submit accurate, good-faith IP notices. Misuse of the Brand Registry to submit knowingly false or anticompetitive notices (e.g., filing notices to suppress legitimate competition through authorized resellers) will result in removal from the Brand Registry program and potential liability under DMCA § 512(f).

Trademark registrations must remain current. Brand Registry members must notify AqNova of any lapse, limitation, or cancellation of their trademark registration that would affect the scope of their Brand Registry enrollment.

5.8.16 Repeat Infringer Policy — Termination Mechanism

DMCA § 512(i) requires that service providers, to qualify for DMCA safe harbor, adopt and reasonably implement a policy for terminating the accounts of subscribers and account holders who are repeat infringers. AqNova's repeat infringer policy is described below and applies globally — not only to US DMCA-covered infringement.

A. What Constitutes Repeat Infringement

A Vendor whose listings are removed pursuant to three or more valid, upheld IP infringement notices within any rolling 24-month period is designated a repeat infringer.

Each upheld IP notice (whether for copyright, trademark, design rights, certification mark, or patent confirmed by court order) counts as one infringement incident against the Vendor account.

IP notices that are rejected by AqNova as invalid, frivolous, or in error do not count toward a Vendor's repeat infringer tally.

Counter-notices that result in listing reinstatement: the original removal no longer counts toward the repeat infringer tally if AqNova reinstates the listing following a valid DMCA counter-notice without litigation by the complainant.

Appeals that succeed: if a Vendor successfully appeals a listing removal as wrongful, the removal is removed from the Vendor's infringement record.

B. Repeat Infringer Enforcement Tiers

C. Appeal of Repeat Infringer Designation

A Vendor who has been suspended or terminated under the repeat infringer policy may appeal within 30 days by submitting to trust@aqnova.co [Subject: Repeat Infringer Appeal — [Account Name]]. The appeal must demonstrate: (a) that one or more of the counted notices was invalid or improperly counted; or (b) that the Vendor has remediated the infringement risk (e.g., obtained licenses; changed product lineup; implemented internal IP compliance controls). Appeals are reviewed by a senior Trust & Safety team member and decided within 20 Business Days.

5.8.17 Misrepresentation in Notices — § 512(f) Liability

DMCA § 512(f) provides that any person who knowingly materially misrepresents that material or activity is infringing (in a DMCA notice), or that material or activity was removed or disabled by mistake or misidentification (in a DMCA counter-notice), is liable for any resulting damages, including costs and attorneys' fees, incurred by the alleged infringer (or the rights holder, in the case of counter-notice misrepresentation), AqNova, and others.

The § 512(f) standard requires that the misrepresentation be knowing and material — subjective bad faith is required; an innocent or negligent mistake in believing content is infringing does not give rise to § 512(f) liability. However, knowingly filing DMCA notices targeting authorized content, nominatively fair use, or content where the filer holds no rights, for the purpose of disrupting a competitor's business, may constitute the type of knowing misrepresentation that creates § 512(f) liability.

5.8.18 AqNova's Own Intellectual Property

AqNova and Arivon Holding Corporation own or license intellectual property used in connection with the AqNova Platform, including:

AqNova brand and trademarks: the AqNova name, logo, taglines, and associated brand elements are trademarks of Arivon Holding Corporation. Unauthorized use of AqNova's trademarks — including in counterfeit or impersonation websites, unauthorized marketing materials, or product listings claiming AqNova endorsement — is prohibited and will be enforced.

Platform software and technology: the AqNova Platform's software, algorithms, user interface design, and technology infrastructure are proprietary to Arivon Holding Corporation and are protected by applicable copyright and trade secret law.

Content and editorial materials: AqNova's editorial content, help documentation, training materials, and original marketing content are protected by copyright. Reproduction of AqNova's content without authorization is prohibited.

User license to AqNova: Buyers and Vendors using the Platform grant AqNova a non-exclusive license to display their listing content (product images, descriptions, reviews) on the Platform for the purposes of the Vendor Agreement and Terms of Service. This license does not extend beyond Platform operations.

To report unauthorized use of AqNova's trademarks or copyright, contact legal@aqnova.com.

5.8.19 Contact Information — Intellectual Property & DMCA

AqNova Marketplace | Global Legal Footer Framework | Section 5.8: Intellectual Property & DMCA Policy

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