Terms of Service

1. Who we are

Takedown is a brand protection service operated by Factory App Inc. ("Takedown", "we", "us"), a Delaware corporation at 2261 Market Street #4637, San Francisco, CA 94114, United States.

These terms apply to trytakedown.com, our free tools, the free 360° report and the Takedown service. By using any of them you agree to these terms. If you use them for a company, you confirm you can bind that company, and "you" means the company.

Takedown is not affiliated with Takedown.co, a separate company that removes pirated creator content.

2. The website and free tools

The guides, research and free tools on trytakedown.com are general information. They are not legal advice, and results from the free tools come from public sources that can be incomplete, out of date or wrong. Check anything important before you rely on it.

3. The free 360° report

The free report is a scan for copies of your brand, checked by a person, with what we find. It is yours to keep whether or not you hire us, and asking for it does not commit you to anything.

It reflects what was publicly visible when we scanned. It is not a complete list of every copy of your brand, and any figure for what copies may cost you is an estimate.

4. The service

We look for copies of your brand on the channels in your scope: copycat stores and lookalike domains, marketplaces, social media accounts, ads and US trademark filings. A person on our team checks each match before it reaches you.

You approve or dismiss each case in your dashboard. We file nothing in your name until you approve it. For each approved case our team reports the copy to whoever can remove it, such as the marketplace, store platform, host, registrar, payment provider or Google, using the authorisation and rights documents you give us, and follows the case until it closes.

The platforms decide whether to remove a copy. We cannot guarantee that any report succeeds, how long it takes, or that a copy will not come back.

Takedown is not a law firm and does not give legal advice. We do not bring lawsuits or represent you in court. If you need legal advice about your rights or a dispute, talk to a lawyer.

5. Your responsibilities

• You are authorised to protect the brand you add, and you own or are licensed to use the trademarks, copyrights and other rights you ask us to enforce.
• The rights documents, letters of authorisation and other information you give us are accurate and current, and you tell us when they change.
• You review the evidence before you approve a case. Approving a case is your decision that the copy infringes your rights and that a report should be filed.
• You list the stores, accounts, resellers and partners you authorise, so we do not report them.
• You keep your account login safe and are responsible for what the teammates you invite do in your account.

6. Fees and billing

Pricing starts at $500 a month. Your quote depends on how many brands and platforms you need covered and comes with your free report.

The service is a monthly subscription with no annual contract. We charge your card or direct debit at the start of each monthly billing period.

You can cancel at any time by emailing support@trytakedown.com. Cancellation takes effect at the end of the billing period you have already paid for, and the service continues until then. Payments are not refunded, including for part of a billing period.

Prices do not include taxes, which you pay where they apply.

7. Acceptable use

You must not use Takedown to:

• report anything you know or should know does not infringe your rights, including lawful resale, comparison, criticism, commentary or parody;
• harass, threaten or mislead anyone, or impersonate another person or brand;
• add a brand you are not authorised to protect;
• break the law or a platform's rules, or interfere with, probe or overload our systems; or
• copy, resell or reverse engineer the service, or use it to build a competing product.

We may decline to file a report we believe is unfounded, and may suspend an account that breaks these rules.

8. Trust pages and customer reports

If you publish a trust page, you are responsible for what it says, including the stores and accounts it lists as official. Reports that shoppers send through your trust page come from them, not from us, and we do not check them before they reach you.

9. Your content and our property

You keep all rights to your brand, your documents and the information you give us. You let us use them to provide and improve the service, including attaching them to the reports you approve. We treat your account information as confidential and handle personal information as our Privacy Policy describes.

Takedown's software, website, reports and other materials belong to us. The reports and evidence we deliver to you are yours to use for protecting your brand.

10. Other platforms

Marketplaces, social networks, hosts, registrars and other platforms have their own terms and decide what to remove. We are not affiliated with them, and their decisions and systems are outside our control.

11. Disclaimers

We provide the website, free tools, free report and service with reasonable care, but otherwise "as is" and "as available". To the extent the law allows, we disclaim all other warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement.

12. Limitation of liability

To the extent the law allows, neither of us is liable to the other for indirect, incidental, special or consequential losses, or for lost profits, revenue or data, and Takedown is not liable to you for any other loss arising from the website, the free tools, the free report or the service.

Nothing in these terms limits liability that cannot be limited by law.

13. Indemnity

You will defend and indemnify us against claims from third parties arising from reports filed on your approval, the rights you asked us to enforce, the information you gave us, or your breach of these terms.

14. Suspension and ending the service

You can stop using Takedown at any time, as described under Fees and billing. We may suspend or end your access if you break these terms or do not pay, and will tell you why. Cases already filed may continue with the platform after the service ends.

15. Changes to these terms

We may update these terms. The date at the top shows the latest version. If a change is material, we will tell customers by email before it takes effect. Using Takedown after a change means you accept it.

16. Governing law

These terms are governed by the laws of the State of Delaware, without regard to its conflict of laws rules. This does not take away any rights you have under the consumer law of the country you live in.

17. Contact

Questions about these terms: support@trytakedown.com. Formal notices: contact@trytakedown.com, or by post to Factory App Inc., 2261 Market Street #4637, San Francisco, CA 94114, United States.