Xenia DMCA Designated Agent and Takedown Procedure

Page URL: https://xeniadata.com/dmca Page version: v1 (Day 1 draft, 2026-05-13) Audience: Copyright owners, ISP operators, rightsholders Required by: 17 U.S.C. § 512 (DMCA Safe Harbor) and Xenia Legal Framework v1.2 Section 4.4.4


Xenia's Designated Copyright Agent

In accordance with the Digital Millennium Copyright Act, 17 U.S.C. § 512, Xenia has designated the following agent to receive notifications of claimed copyright infringement:

Field Value
Service provider Xenia Data
Designated agent Matt Fistonich, Designated DMCA Agent (Chief Executive Officer)
Mailing address Xenia Data, 4438 Ingraham St, PMB 216, San Diego, CA 92109
Telephone 619-254-5642
Email dmca@xeniadata.com
U.S. Copyright Office registration Filing in progress (May 13, 2026); confirmation number to be appended here once issued

The agent is registered with the U.S. Copyright Office through the DMCA Designated Agent Directory. The most current contact information is the authoritative version published in that directory.

Filing a takedown notice (DMCA § 512(c))

If you believe in good faith that material accessible through Xenia infringes your copyright, you may submit a written notification of claimed infringement to the agent above. To be effective, your notice MUST include all of the following elements (17 U.S.C. § 512(c)(3)):

  1. Physical or electronic signature of a person authorized to act on behalf of the copyright owner.
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works.
  3. 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, with information reasonably sufficient to permit us to locate the material. Please include the exact URL(s) on Xenia where the material appears.
  4. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address.
  5. A statement that you have 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. A statement, made under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notices that do not include all six elements may be ineffective.

How Xenia handles takedown notices

Upon receipt of a compliant notification:

  1. Acknowledgment within 1 business day. We email the sender confirming receipt and assigning a tracking ID.
  2. Investigation within 3 business days. We locate the material identified in the notice and assess the claim. Where the material is third-party content we mirror or display, we proceed to step 3. Where the material is Xenia's own original output (derived inference, summary, etc.), we evaluate the underlying claim and the fair-use posture before any action.
  3. Action within 5 business days of a compliant notice. Material confirmed as infringing or subject to a good-faith infringement claim is removed or access is disabled.
  4. Counter-notification opportunity (DMCA § 512(g)). If the material is removed and the original poster believes the removal was in error, they may file a counter-notification per the procedure below.
  5. Repeat infringer termination (DMCA § 512(i)). Where any user account, property submission, or partner is the subject of repeat valid infringement notices, the relevant access is terminated per our repeat infringer policy.

Xenia's full takedown log is maintained for 7 years (Xenia Legal Framework v1.2 Section 7.2) and includes the notice, our investigation findings, action taken, and any subsequent correspondence.

Counter-notification (DMCA § 512(g))

If your material was removed from Xenia and you believe the removal was the result of mistake or misidentification, you may submit a counter-notification to the DMCA agent above. The counter-notification MUST include:

  1. Your physical or electronic signature.
  2. Identification of the material removed and its location on Xenia before removal.
  3. A statement under penalty of perjury that you have a good faith belief the material was removed as a result of mistake or misidentification.
  4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the U.S. District Court for the Northern District of California (or, if outside the United States, any judicial district in which Xenia may be found) and that you will accept service of process from the person who provided the original notification or that person's agent.

Upon receipt of a valid counter-notification, we will forward it to the original notifier, and, unless the original notifier files an action seeking a court order against you within 10 business days, we will restore the material within 10 to 14 business days.

Repeat infringer policy

Xenia terminates the access of users, property submitters, or partners who are the subject of repeat valid infringement claims. "Repeat" is defined as three or more substantiated infringement claims within any 12-month rolling window. The determination of "substantiated" rests with Xenia's DMCA agent, subject to counter-notification.

What Xenia is NOT

Xenia does not host user-uploaded creative content in the traditional sense (e.g., blog posts, social media uploads, image galleries). Xenia's database contains structured facts, attributed Tier 2 self-reports from property owners, and Tier 3 inferences derived from multiple lawful sources by Xenia's own classification systems. Where third-party content appears on Xenia, it appears as short snippet-level excerpts linked back to source per the Perfect 10 v. Amazon.com and Authors Guild v. Google fair-use framework, not as full-text mirrors.

Notes for first-time DMCA notifiers

Last updated

2026-05-13. The next scheduled DMCA agent designation refresh with the U.S. Copyright Office is due no later than 3 years from initial registration, per 17 U.S.C. § 512(c)(2). Xenia will refresh annuall