Operator: disruptive gmbh, Lehargasse 7, A-1060 Vienna · Domains: aiscend.fm, aiscend.wtf · Legal basis: Art. 16 Regulation (EU) 2022/2065 ("DSA"), § 18 ECG, UrhG §§ 81–86, ABGB §§ 1293 et seq.
1. Purpose
This policy describes how AISCEND handles notices about allegedly illegal content, copyright infringement, incorrect score classifications, and other content complaints. It applies to both domains and all content published there.
2. Contact for Takedown Requests
Primary contact:
Email: hello@aiscend.fm
Subject: [TAKEDOWN] <Track title / type of complaint>
Postal:
disruptive gmbh, attn. Markus Petzl — Legal, Lehargasse 7, A-1060 Vienna, Austria.
Please prefer email for faster handling. Postal requests lead to longer processing times.
3. Scope — What Can Be Reported
| Category | Examples | Applicable law |
|---|---|---|
| Copyright infringement | Use of protected cover art without permission; unlicensed recordings. | UrhG §§ 14, 66–72; Dir. 2019/790 |
| Incorrect score classification | Human-made track classified as AI-generated; missing AI label. | EU AI Act Art. 50; ABGB §1295 |
| Personality-rights infringement | Misrepresentation of artist; unauthorised use of photos. | ABGB §§ 16, 1295; MedienG |
| Trademark infringement | Misleading use of a protected name. | Trademark Act 1970; Reg. (EU) 2017/1001 |
| Other unlawful content | Violations of Austrian or EU law. | DSA Art. 16; ECG §18 |
| Privacy complaints | Erasure, access. | GDPR Art. 17 → hello@aiscend.fm |
4. Mandatory Information for a Valid Notice
Per Art. 16(2) DSA, a notice must contain:
- Your identity: Full name or company name with authorised representative, contact email, postal address.
- Precise URL(s): Exact address of the disputed content on aiscend.fm or aiscend.wtf.
- Description of the content and the complaint.
- Legal basis for the alleged unlawfulness under Austrian or EU law.
- Statement of entitlement: For copyright, trademark, or personality-rights claims, evidence or credible substantiation of your entitlement.
- Truth statement: Confirmation that your information is accurate to the best of your knowledge.
Recommended for faster handling: screenshot of the disputed content; for copyright, registration number, ISRC, or publishing agreement; for score disputes, production records.
5. Timelines
| Step | Deadline |
|---|---|
| Acknowledgement | Within 2 business days |
| Preliminary decision | 5 business days (clear cases); 14 business days (complex cases) |
| Final decision | Within 30 days (DSA Art. 17 deadline for reasoned decision) |
| Emergency takedown (e.g. court order) | Within 24 hours |
If a notice is incomplete we will inform you promptly; the deadline starts upon receipt of all required information.
6. Decision Process
Step 1 — Completeness check: we verify that the notice contains all mandatory elements.
Step 2 — Substantive review: Is the content present on our platform? Is unlawfulness prima facie plausible? Do legitimate counter-interests prevail (e.g. quotation right under § 46 UrhG)?
Step 3 — Decision and notification: If granted, content is removed or adjusted, and the submitter (if identifiable) is informed under DSA Art. 17. If refused, a reasoned written response is provided with notice of the appeal procedure.
Step 4 — Documentation: All notices and decisions are documented internally. Transparency reports may be provided pursuant to DSA obligations.
7. Remedies
Internal complaint procedure (DSA Art. 20): Within 14 days of receiving our decision, you may file a reasoned complaint to hello@aiscend.fm, subject [APPEAL] <reference to original notice>.
Out-of-court dispute settlement (DSA Art. 21): You may use a certified dispute settlement service. Competent authority in Austria: KommAustria, rtr.at.
Judicial remedy: The right to court proceedings remains unaffected. For copyright infringement: Handelsgericht Wien (§ 83(2) UrhG). For other claims: Landesgericht Wien or district court depending on amount in dispute.
Criminal complaint: For suspected criminal content, please additionally report to police or prosecution; AISCEND will remove such content immediately and may inform authorities.
8. Score Dispute Procedure
For artists wishing to challenge a signal or trust score, the following evidence of human authorship is accepted:
- Original DAW project files (Ableton, Logic, FL Studio, etc.) with timestamps
- Studio booking confirmations or invoices
- Multi-track recording material
- Producer statement
- ISRC registration evidence
- Publishing agreement with label or distributor
Process: Review by two independent reviewers; score adjustment if evidence is plausible; addition of a "dispute filed" note during review; final decision within 14 business days. A track is not removed from the chart on the basis of a dispute alone; a score change is not guaranteed if evidence is not convincing.
9. Abuse Protection (DSA Art. 23)
Repeated abusive takedown requests (e.g. to suppress legitimate reporting, hinder competition, or harass) may lead to rejection of further requests. For manifestly unfounded notices we reserve the right to claim cost reimbursement to the extent permitted by law.