Terms of Service, DMCA Safe Harbor Protocol & Enterprise Content Liability Shield

Novak Learning respects the intellectual property rights of others and strictly enforces a standardized Digital Millennium Copyright Act ("DMCA") Notice-and-Takedown Protocol pursuant to 17 U.S.C. § 512(c).

2.1 Filing a Valid DMCA Take-Down Notice

If you are a copyright owner (or authorized agent) and believe in good faith that any material hosted on Novak LMS™ infringes your copyright, please send a written DMCA Take-Down Notice containing all six (6) statutory elements required by 17 U.S.C. § 512(c)(3) to our Designated Copyright Agent:

1. Signature: A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Work Identified: Identification of the copyrighted work claimed to have been infringed (or a representative list if multiple copyrighted works at a single online site are covered by a single notification).
3. Exact URL / Locator: Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, including the exact Novak LMS™ URL(s), course/section ID, or lesson/item identifier sufficient to permit Novak Learning to locate the material.
4. Contact Information: Information reasonably sufficient to permit Novak Learning to contact the complaining party, such as a mailing address, telephone number, and electronic mail address.
5. Good-Faith 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.
6. Accuracy & Perjury Statement: A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

2.2 Counter-Notification Procedure (17 U.S.C. § 512(g)) & Repeat Infringer Policy (§ 512(i))

When Novak Learning removes or disables access to Customer-Supplied Content in response to a DMCA notice, we promptly notify the uploading Instructor or Enterprise Account. The uploading party may submit a statutory Counter-Notification under 17 U.S.C. § 512(g)(3) signed under penalty of perjury consenting to federal court jurisdiction. In accordance with 17 U.S.C. § 512(i), Novak Learning maintains a strict Repeat Infringer Policy: any Instructor, Student, or Enterprise Account that repeatedly uploads infringing material will have upload privileges revoked and their account terminated.

All core Novak LMS™ platform software, adaptive algorithms (5-Rung Explanation Ladder Engine, Bayesian Knowledge Tracing, Helix™ 30 Hz `OneEuro1D` / Ridge Gaze Telemetry, Split-Pane PBQ Workbenches, Ubuntu GNOME 46 + Bash Split-View Workbenches, and SCORM/xAPI/ILE Bridge), and first-party instructional content are proprietary to Novak Learning. All external WebAssembly and runtime libraries embedded in the engine have been audited and verified to use **business-safe, commercial-friendly permissive licenses (MIT, Apache 2.0, and BSD-2-Clause/3-Clause)** that allow commercial monetization and OEM whitelabeling without exposing proprietary source code: