Copyright and DMCA Policy

SmartOrderCapture respects the intellectual property of others and expects its users to do the same. We respond to clear notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act, 17 U.S.C. § 512, and we terminate the accounts of repeat infringers.

This policy applies to material stored on the Service at the direction of a user — most often a marketplace template, a workflow name or description, or an uploaded image.

Notices of claimed infringement must be sent to our designated agent, who is also registered with the United States Copyright Office:

Copyright Agent, SmartOrderCapture
Email: dmca@smartordercapture.com

Email reaches us fastest. Please put “DMCA Notice” in the subject line. This address is for copyright notices only — support, billing and abuse reports sent here will be redirected and delayed. Use abuse@smartordercapture.com or the abuse form for those.

To be effective under 17 U.S.C. § 512(c)(3), your notice must be in writing and include all of the following:

1. A physical or electronic signature of the copyright owner, or a person authorised to act on the owner’s behalf.
2. Identification of the copyrighted work claimed to have been infringed — or, if multiple works at one site are covered by a single notice, a representative list of them.
3. Identification of the material claimed to be infringing, with enough detail for us to locate it. A direct URL to the template or page is best; a template name and author is usually enough.
4. Your contact information: name, mailing address, telephone number and email address.
5. A statement that you have a good-faith belief that the use is not authorised by the copyright owner, its agent, or the law.
6. A statement that the information in the notice is accurate, and — under penalty of perjury — that you are the copyright owner or authorised to act on the owner’s behalf.

An incomplete notice may not be effective and may delay our response. If your notice is substantially complete, we will contact you for anything missing.

1. We acknowledge receipt, usually within two business days.
2. If the notice is effective, we expeditiously remove or disable access to the material — for a marketplace template, that means unpublishing it so it can no longer be installed.
3. We notify the user who posted it, forward a copy of your notice including the contact information it contains, and explain how to submit a counter-notice.
4. We record the notice against the account for the purposes of our repeat-infringer policy.

If your material was removed and you believe that was a mistake, or that the material is authorised or non-infringing, you may send a counter-notice under 17 U.S.C. § 512(g)(3) to the same agent. It must include:

1. Your physical or electronic signature.
2. Identification of the material removed and the location at which it appeared before removal.
3. A statement, under penalty of perjury, that you have a good-faith belief the material was removed or disabled 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 Federal District Court for the judicial district in which your address is located — or, if your address is outside the United States, to the jurisdiction of any judicial district in which we may be found — and that you will accept service of process from the person who sent the original notice or their agent.

If we receive a valid counter-notice, we will forward it to the original complainant and tell them we will restore the material in 10 to 14 business days unless they notify us that they have filed a court action seeking to restrain the allegedly infringing activity.

We maintain and reasonably implement a policy of terminating, in appropriate circumstances, the accounts of users who are repeat infringers.

In practice: an effective notice that is not successfully countered is recorded as a strike. At two strikes we warn the account and remove marketplace publishing rights. At three, we terminate the account. We may terminate sooner where the infringement is flagrant, commercial in scale, or accompanied by other violations — and we may decline to count a strike that a counter-notice or a withdrawal shows to have been mistaken.

For trademark complaints, write to legal@smartordercapture.com with the mark, its registration number and jurisdiction if registered, the material you object to, how it creates confusion, and your contact details and authority to act.

For content that violates our rules but not intellectual property, use the abuse reporting process instead. For privacy complaints, including a request to remove personal information, write to privacy@smartordercapture.com.