Copyright Infringement & Takedown Policy

Softorage ("Softorage," “we,” “us,” or “our”) respects the intellectual property rights of creators, software developers, and copyright holders.

In accordance with the Indian Copyright Act, 1957 (specifically Section 52(1)(c) read with Rule 75 of the Copyright Rules, 2013), the Information Technology Act, 2000, and international copyright safe-harbor standards (including the Digital Millennium Copyright Act, 17 U.S.C. § 512), Softorage maintains an expeditious statutory notice-and-takedown procedure to address claims of intellectual property infringement occurring on or through https://softorage.com (the “Site” or “Service”).

1. Intermediary Status and Nominative Fair Use

• Neutral Aggregator: Softorage operates strictly as an intermediary and informational software directory. We do not host, store, or distribute executable software files or installer binaries. We provide editorial reviews, software taxonomy, and outbound referral links to official third-party developer domains.
• Nominative Fair Use: Third-party software titles, developer names, brand icons, and screenshots displayed on our Site are used strictly for descriptive and editorial identification purposes under the doctrine of Nominative Fair Use.
• Infringement Policy: If you are a copyright owner or an authorized agent and believe that content or metadata hosted on our Site exceeds fair use or infringes your copyrighted work, we provide the formal notification protocol set out below.

2. How to Submit a Notice of Infringement (Takedown Notice)

To submit a legally valid copyright infringement notice to our Designated Copyright Agent, please furnish a written communication containing the following statutory details:

1. Identification of the Protected Work: A comprehensive description of the copyrighted work, software, text, or graphic asset you claim has been infringed, including proof of ownership or copyright registration details (where applicable).
2. Exact Location (URL): The specific Uniform Resource Locator (URL) or precise path on Softorage where the allegedly infringing material is located (general references to the homepage are insufficient).
3. Complainant Contact Information: Your full legal name, title/designation, company or organization name, physical postal address, telephone number, and direct email address.
4. Statement of Good Faith: A declaration affirming your good-faith belief that the disputed use of the material is not authorized by the copyright owner, its legal agent, or the law.
5. Statement of Accuracy and Authority: A formal statement made under penalty of perjury (or applicable statutory affirmation) that:
   • The information provided in your notice is accurate; and
   • You are the copyright proprietor, or you are legally authorized to act on behalf of the exclusive copyright owner.
6. Physical or Electronic Signature: A physical or verified electronic signature of the copyright owner or authorized representative.

Please deliver the completed notice to our Designated Copyright & Grievance Officer via our electronic submission channels specified in Section 6 below.

3. Statutory Takedown Procedure & Timelines (Rule 75 Compliance)

Upon receipt of a written infringement notice fulfilling the statutory criteria outlined above, Softorage will adhere to the following procedural timeline:

• Acknowledgment (24 to 48 Hours): Our Grievance Redressal desk will acknowledge receipt of your notice within 24 to 48 hours.
• Statutory Interim Takedown (Within 36 Hours): Pursuant to Rule 75(1) of the Copyright Rules, 2013 and the IT (Intermediary Guidelines) Rules, 2021, if the notice is complete and demonstrates a prima facie violation, Softorage will disable public access to or remove the disputed content/listing within 36 hours of receipt.
• Notification to the Listing Developer: Softorage will take reasonable steps to notify the affected party or developer whose listing has been disabled, providing them with a copy of the takedown notice.
• The 21-Day Statutory Rule: In accordance with Rule 75(3) of the Copyright Rules, 2013, the disabled content will remain offline for a period of twenty-one (21) days. If the complainant fails to produce an order from a competent court of law restraining Softorage or the developer from displaying the work within this 21-day period, Softorage may restore the listing, link, or descriptive material to the Site.

4. Counter-Notification Procedure

If you are a software publisher or content creator whose listing or content on Softorage was removed or disabled due to an infringement notice, and you believe this was done in error or as a result of misidentification (or that you hold valid rights/licenses), you may submit a Counter-Notification.

Your written Counter-Notification must include:

1. Identification of Material: Specific URLs of the content or listing that was disabled or removed.
2. Contact Details: Your legal name, organization, physical address, telephone number, and email address.
3. Statement Under Penalty of Perjury: A statement, under penalty of perjury, confirming your good-faith belief that the material was removed or disabled as a result of mistake, misidentification, or that you hold legitimate rights to the content.
4. Consent to Jurisdiction: A statement consenting to the jurisdiction of the competent courts situated in Mumbai, Maharashtra, India (or, for international developers, the competent judicial forum having jurisdiction over the parties), and that you will accept service of process from the original complainant.
5. Signature: Your physical or electronic signature.

Upon receipt of a valid Counter-Notification, Softorage will forward it to the original complainant. If the complainant does not notify us within 14 to 21 calendar days that they have initiated legal proceedings seeking a court order against you, Softorage may restore the disabled material.

5. Repeat Infringer Policy

In accordance with international safe-harbor requirements and Section 79 of the Information Technology Act, 2000, Softorage maintains a strict Repeat Infringer Policy:

• We reserve the absolute right to suspend, terminate, or permanently block accounts, directory submissions, or links associated with developers, users, or entities that repeatedly or willfully infringe intellectual property rights.
• If a submitter or account holder is found to have multiple valid infringement notices filed against them without valid counter-notifications, their software listings and submission privileges will be permanently banned.

6. Designated Copyright & Grievance Redressal Officer

All statutory copyright notices, DMCA-style takedown requests, and counter-notifications must be delivered to our designated legal officer:

• Designation: Designated Copyright & Grievance Redressal Officer
• Entity: Softorage
• Direct Email: copyright [at] softorage [dot] com
• Web Submission: Submit via our secure Contact Us page
• Jurisdiction & Location: Mumbai, Maharashtra, India

7. Modifications to This Policy

Softorage reserves the right to amend, update, or revise this Copyright Infringement & Takedown Policy at any time to align with legislative amendments or operational standards. Any updates will take effect immediately upon publication on this page with an updated revision date.