Draft for legal review. Not in force. Clauses marked [LAWYER: ...] or [RAHIL: ...] are open.
1. What this covers
Agent Mart lists tools with facts and links from public sources, plus content that users and publishers submit. This policy explains how to ask us to remove or change something, and how the person who posted it can respond:
- copyright notices under the US Digital Millennium Copyright Act (section 2)
- counter-notices (section 3)
- trademark complaints (section 4)
- security and malware reports (section 5)
- other legal complaints and personal data (section 6)
We never delete listing records. A listing that comes down is marked removed and stops being shown, and we log the removal publicly. The public log shows the listing, the date and the general reason, never exploit details or the complainant's personal data. [LAWYER: is a public removal log compatible with DMCA and privacy obligations? Lumen database submission?]
2. Copyright notices (DMCA)
If you believe content on Agent Mart infringes your copyright, send a written notice to our designated agent (section 7). Under 17 U.S.C. 512(c)(3), the notice must include:
- A physical or electronic signature of the copyright owner or a person authorized to act for them.
- Identification of the copyrighted work claimed to be infringed. If several works are covered by one notice, a representative list.
- Identification of the material claimed to be infringing, with enough information for us to find it. Page URLs on agentmart.dev are best.
- Your contact information: name, address, telephone number and, if available, email address.
- A statement that you have a good faith belief that the use is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of the right claimed to be infringed.
When we receive a valid notice we remove or disable access to the material promptly, and tell the person who posted it. That may be the publisher who claimed the listing, the user who wrote the content, or, for facts from public sources, nobody, since no user posted them. We send them a copy of the notice. [LAWYER: may we share the full notice with the poster, including the complainant's contact details?]
Note that most of a listing is facts, such as names, links, licenses, stars and versions, which copyright does not protect. Short descriptions and logos identify a tool. If the material is the listed tool itself, it is hosted by its publisher (for example on GitHub or npm), not by us. You may also need to contact the host.
Knowingly false notices can make you liable for damages under 17 U.S.C. 512(f).
We terminate, in appropriate circumstances, the accounts of users who are repeat infringers. [LAWYER: define the repeat infringer policy.]
3. Counter-notices
If your content was removed after a copyright notice and you believe this was a mistake or misidentification, send a counter-notice to our designated agent. Under 17 U.S.C. 512(g)(3), it must include:
- Your physical or electronic signature.
- Identification of the material that was removed, and where it appeared before it was removed.
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification.
- Your name, address and telephone number.
- A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located or, if your address is outside the United States, any judicial district in which Chalk Labs may be found.
- A statement that you will accept service of process from the person who sent the original notice, or their agent.
We forward a valid counter-notice to the person who sent the original notice. We restore the material in not less than 10 and not more than 14 business days after we receive the counter-notice, unless they tell us they have filed a court action to stop the infringement. [LAWYER: confirm we may rely on the 512 safe harbors at all, given that we are not a US entity and that much of the content is collected by us rather than posted by users.]
4. Trademark complaints
If a listing, review, stack or publisher name uses your trademark in a way that confuses people about who makes or endorses a tool, write to [RAHIL: legal contact email] or use the report form. Include:
- your name and contact details, and your relationship to the mark owner
- the mark, and where it is registered (country and registration number) or how it is used
- the URLs on agentmart.dev and what is wrong
- what you would like us to do
Naming a tool so people can find it, or comparing tools, is usually allowed. We act on confusion and impersonation:
- we may correct the publisher name
- we may remove an unverified "official" label
- we may revoke a claim
- we may remove the listing
We tell the publisher and give them a chance to respond, unless the case is clear impersonation. [LAWYER: trademark complaint process under Indian and US law.]
5. Security and malware reports
If a listed tool is malicious, compromised, or has a serious vulnerability, report it with the form at https://agentmart.dev/submit?kind=report or as described in the Security Policy (/legal/security-policy).
- Response target: a person replies to security reports within 24 hours.
- Malicious tools: when we confirm a listing is malicious, we take it down immediately and log the removal.
- Vulnerabilities: we follow the private disclosure process in the Security Policy. The maintainer hears from us privately first, and public pages show grades, not exploit details.
6. Other legal complaints and personal data
For defamation, privacy, court orders, or other legal issues, write to [RAHIL: legal contact email] with:
- the URLs
- the law or right involved
- what you are asking for
To have your own personal data removed from a listing or review, use the privacy request form (/legal/privacy#requests).
Indian users can also contact our Grievance Officer: [RAHIL: name and contact]. [LAWYER: if Agent Mart is an intermediary under the IT Act 2000, the IT Rules 2021 require acknowledging complaints within 24 hours, resolving them within 15 days, and faster removal for some content types. Confirm whether these apply and add the timelines.]
We comply with valid orders from courts and authorities that have jurisdiction over us. Where the law allows, we tell the affected person.
7. Where to send notices
- DMCA designated agent: [RAHIL: name, postal address, phone, email]. The agent must be registered with the US Copyright Office before we rely on the DMCA safe harbor; registration is pending. [RAHIL: register the designated agent; renew every three years.]
- Trademark and other legal complaints: [RAHIL: legal contact email].
- Security reports: https://agentmart.dev/submit?kind=report or [RAHIL: security contact email].
Notices by email are accepted. Send notices in English. [LAWYER: also accept Hindi or other languages for Indian complaints?]
8. Timelines and records
We acknowledge legal notices within [LAWYER: e.g. 2 business days], except security reports, which get a reply within 24 hours. We keep notices and our decisions as records, as described in the Privacy Policy.
Open questions for the lawyer
- [LAWYER] Is a public removal log compatible with DMCA and privacy duties? Should we send notices to the Lumen database (section 1)?
- [LAWYER] May we forward the full notice, including the complainant's contact details, to the poster (section 2)?
- [LAWYER] Define the repeat infringer policy (section 2).
- [LAWYER] Can we rely on the 512 safe harbors as a non-US entity whose content is partly collected by us (section 3)?
- [LAWYER] Trademark complaint process under Indian and US law (section 4).
- [LAWYER] Are we an intermediary under the IT Act 2000; IT Rules 2021 grievance timelines (section 6)?
- [LAWYER] Accept notices in languages other than English (section 7)?
- [LAWYER] Acknowledgement period for legal notices (section 8).
- [RAHIL] DMCA designated agent details and US Copyright Office registration (section 7).
- [RAHIL] Legal contact email, security contact email, Grievance Officer (sections 4, 6, 7).