The legally binding version of this document is the French one. This English version is a courtesy translation.
Last updated: 2026-07-07
DMCA & Safe Harbor Policy — Tivera
Version: 1.0 — DRAFT pre-Play Store v1.0 Effective date: 2026-07-07 Reference jurisdiction: United States (17 U.S.C. § 512 — DMCA safe harbor) + complementary EU analysis (Directive 2000/31 Art. 12-14) Publisher: Mitchou, an individual under Moroccan law. Address: Tralles, rue Essanaouabar, Casablanca, Morocco.
⚠️ Draft to be validated by a lawyer (US DMCA + EU e-commerce Directive) before publication. The French version is the binding reference; the other languages are courtesy translations.
TL;DR
Tivera is a generic BYOC player (Bring Your Own Content), comparable to VLC Media Player. The App hosts NO content, curates no panel, pre-configures no source. The responsibility for the legality of the configured streams lies with the end User. Active DMCA takedown procedure: email to dmca@tivera.tv.
Important: if you hold copyright over content viewed via Tivera, your claim must be addressed primarily to the operator of the Xtream / M3U server hosting the stream — not to the Publisher, who neither stores nor distributes that stream.
1. Legal nature of Tivera — a generic BYOC player
1.1 Comparison with established generic players
Tivera is functionally and legally analogous to VLC Media Player, Kodi, FFmpeg, mpv, and the equivalent BYOC IPTV apps already distributed on the Play Store. These are generic technical tools for decoding and playing multimedia streams. They incorporate no pre-loaded content and accept as input any URL compliant with the M3U8, HLS, MPEG-TS, Xtream Codes API, EPG XMLTV specs.
1.2 BYOC architecture
- The Publisher (Mitchou) provides no pre-configured panel nor default catalog.
- The User enters themselves the URLs / credentials / paths of the sources they wish to consult.
- All streams flow directly between the User's device and the third-party server (panel) they designated — no relay on the Publisher's infrastructure side.
- No content is cached, stored or redistributed by the Publisher (the only cache is the local catalog cache on the User's device, in SQLCipher).
1.3 Excluded legal qualifications
The Publisher is neither a content provider, nor a publisher of an audiovisual communication service (EU Directive 2010/13), nor a cache provider (Directive 2000/31 Art. 13), nor a host (Art. 14), nor a mere conduit (Art. 12), nor an information location tool, nor an algorithmic recommendation service. It is a pure tool provider: it makes available a binary (APK) that runs multimedia decoding code. The content viewed by the User is never visible, manipulable or influenceable by the Publisher.
2. Safe Harbor analysis — 17 U.S.C. § 512 (US DMCA)
The DMCA establishes 4 safe harbors: § 512(a) mere conduit, § 512(b) system caching, § 512(c) hosting, § 512(d) information location tools. Tivera operates no infrastructure falling directly under these categories. By analogy with US case law on generic technology providers (Sony Corp. v. Universal City Studios, 1984; MGM v. Grokster, 2005), Tivera falls within tools with substantial non-infringing uses: playback of legally subscribed Xtream panels, of legal public M3U playlists, of public EPG XMLTV files, and personal recording for private use (authorized since Sony Betamax, 1984).
Although Tivera is not strictly a service provider within the meaning of § 512(c), the Publisher voluntarily applies DMCA best practices: designation of a DMCA Agent (§ 4), a public takedown procedure (§ 5), counter-notification (§ 6), a repeat infringer policy (§ 7). The Publisher has no financial benefit directly attributable to any infringing activity (Free is funded by AdMob = Google ads with no correlation to the content; Premium is paid by a Google Play Billing subscription, independently of the configured panels) and no specific knowledge of any violation (no technical means to know the panels configured by Users).
This declaration does not guarantee the automatic application of the safe harbor in court; it documents the Publisher's position, which will be produced in defense to establish the absence of specific knowledge and direct benefit, the existence of an active good-faith DMCA procedure, and compliance with best practices for generic BYOC tools.
3. Complementary EU analysis — Directive 2000/31 + DSA
The Publisher, established in Morocco (outside the EU), invokes on a subsidiary basis the following analysis (the EU Directives below are invoked by analogy, the Publisher possibly falling under one of the national transpositions of the EU if a stream or a User is located there):
- Art. 12 (mere conduit): not applicable — Tivera is not a transmission service.
- Art. 13 (caching): not applicable — no cache on the Publisher side.
- Art. 14 (hosting): not applicable — the Publisher does not store User content.
Most relevant status: a pure technology provider not covered by Art. 12-14, but protected by the freedom to provide services and the freedom to conduct a business (EU Charter Art. 16). The Digital Services Act (EU Regulation 2022/2065) does not apply to Tivera qua pure tool provider (neither mere conduit, nor caching, nor hosting, nor online platform). Should a competent authority consider otherwise, the Publisher undertakes to cooperate with takedown orders (DSA Art. 9) and to maintain a single point of contact (the DMCA email).
Should the Publisher fall under an EU national transposition (via a stream or a User located in the EU), it would remain subject to the general obligation of judicial cooperation and to the "prompt" removal of manifestly unlawful content brought to its attention by a valid notification — but the Publisher has no content to remove since the content is not held by it.
4. DMCA Designated Agent
In accordance with 17 U.S.C. § 512(c)(2), the Publisher designates the following agent to receive notifications of alleged copyright infringement:
| Field | Value |
|---|---|
| DMCA Designated Agent | Mitchou |
| Commercial name | Tivera |
| Postal address | Tralles, rue Essanaouabar, Casablanca, Morocco |
dmca@tivera.tv | |
| Time zone | UTC+1 (Africa/Casablanca) |
| Accepted languages | French, English |
| US Copyright Office DMCA Directory registration | To be carried out before launch in the US market (copyright.gov/dmca-directory — cost ~6 USD / 3 years, required for the § 512(c)(2) safe harbor) |
If the DMCA Agent changes, this declaration and the US Copyright Office directory will be updated within 30 days.
5. DMCA notification procedure (takedown)
To submit a DMCA notice, the rights holder (or their authorized representative) must send an email to dmca@tivera.tv including the elements of 17 U.S.C. § 512(c)(3):
- A signature (physical or electronic) of the holder or their representative.
- Identification of the protected work allegedly infringed (title + author + reference if applicable).
- Identification of the material at issue — in the Tivera context: the URL of the third-party panel hosting the stream at issue, NOT the Tivera app which hosts no content. The Publisher cannot remove a stream from a third-party panel, but can: alert the community via an in-app banner about a panel identified as illegitimate; update the Play Store listing; cooperate with the holder to identify the User who configured the panel (subject to a valid judicial request — the Publisher has no direct access to the URLs configured by Users without a Google Play Customer Data Access Request).
- The complainant's contact details (email + phone + postal address).
- A good-faith statement that the use is not authorized by the holder, their agent or the law.
- A statement, under penalty of perjury, that the information is accurate and that the complainant is authorized to act on behalf of the holder.
Submission by email (preferred): dmca@tivera.tv. By mail (accepted): Tralles, rue Essanaouabar, Casablanca, Morocco.
Timeframes: acknowledgment of receipt ≤ 48 hours; initial evaluation ≤ 5 working days; reasoned response ≤ 30 days.
Upon receipt of a valid notice, the Publisher may: (a) confirm that the app does not host the content and direct the complainant to the relevant third-party panel; (b) publicly signal (Play Store listing / in-app banner) that a panel is alleged illegitimate; (c) upon valid judicial subpoena, request via Google Play the identifier of the User who configured the panel; (d) cooperate with the competent national authorities of the EU. The Publisher operates no streaming infrastructure and cannot directly remove third-party content.
6. Counter-notification procedure (17 U.S.C. § 512(g))
If a User believes that their content was removed (or access blocked) by mistake, they may submit a counter-notification to dmca@tivera.tv including: (1) their signature; (2) identification of the removed material and its prior location; (3) a statement under penalty of perjury of good faith (removal by mistake/misidentification); (4) their name, address, phone, and their consent to the jurisdiction of the competent federal court (or, outside the United States, any district where the Publisher may be found), and their acceptance of receiving service of process from the original complainant.
Upon receipt of a valid counter-notification, the Publisher forwards it to the original complainant within 10 working days. If the complainant does not file a judicial action within 10 to 14 working days, the Publisher restores access (in the BYOC context, where the Publisher hosts no content, "restoration" typically consists in removing an in-app banner that had flagged a panel as alleged illegitimate).
7. Repeat Infringer Policy
In accordance with 17 U.S.C. § 512(i)(1)(A), the Publisher adopts a policy of terminating, in appropriate circumstances, account holders who are repeat infringers. In the BYOC architecture, identification is limited to the Google Play accounts of Premium subscribers (identifiable via a Google Play Customer Data Access Request, with a valid judicial subpoena); the Publisher cannot directly identify a Free User without a subpoena.
Upon receipt of 3 or more valid DMCA notices identifying the same Google Play account as having repeatedly configured infringing panels (over a rolling 12-month period), the Publisher notifies the User (if technically possible), issues a final warning, then — on the 4th notice — asks Google Play to terminate the Premium access (server-side, via the entitlement layer of the opt-in Premium cloud sync). For Free Users, the Publisher cooperates with judicial authorities if required. The Publisher undertakes to publish an annual transparency report if the volume of DMCA notices reaches a significant threshold.
8. Cooperation with rights holders and authorities
The Publisher undertakes to respond to DMCA notices within the timeframes of § 5, to cooperate with the competent national authorities of the EU within the limits of the realistic technical means of a generic BYOC tool, to respond to valid judicial subpoenas (via a Google Play Customer Data Access Request), and to remove any reference to a panel identified as illegitimate from its documentation / marketing / Play Store screenshots.
The Publisher does not monitor the panels configured by Users (technically impossible + a breach of privacy), does not proactively filter content (BYOC = no content on the Publisher side), does not maintain a global panel blacklist, and does not pre-validate panel configurations.
9. Risk acknowledgment
The Publisher acknowledges that Tivera, like any generic media player, may be misused by some Users to access infringing content. It undertakes to continue publishing transparent policies (this document + Terms of Service + Privacy Policy), to maintain an active DMCA Agent, to respond promptly to valid notices, and to consult a lawyer before any major architecture change likely to affect the safe harbor status. The Publisher does not assume responsibility for the actions of Users on third-party panels but undertakes to cooperate in good faith.
10. Contact
| Subject | Contact |
|---|---|
| DMCA notification (takedown) | dmca@tivera.tv |
| DMCA counter-notification | dmca@tivera.tv |
| Privacy questions | privacy@tivera.tv |
| General contact | contact@tivera.tv |
| Postal address (DMCA Agent) | Tralles, rue Essanaouabar, Casablanca, Morocco |
Timeframes: acknowledgment of receipt ≤ 48 h · initial evaluation ≤ 5 working days · reasoned response ≤ 30 days · forwarding of a counter-notice ≤ 10 working days.
11. Related documents
Status: DRAFT v1.0 — to be reviewed by a US lawyer (DMCA) + an EU lawyer (DSA + transpositions of the e-commerce Directive) before publication. Action required before the US Play Store launch: register the DMCA Agent with the US Copyright Office (copyright.gov/dmca-directory, ~6 USD / 3 years). The French version is the binding reference; the other languages are courtesy translations.