Copyright and Content Takedown Policy

1.1 Koarge Inc. ("Koarge," "we," "us") provides software that allows merchants ("Merchants") to sell goods, services, and digital products through a checkout on their own websites. Where a Merchant sells a digital product, the Merchant uploads a file that we store and deliver to their customers.

1.2 Koarge does not create, select, review, or endorse the content Merchants upload. Merchants are solely responsible for their content and for holding all rights necessary to sell and distribute it, as set out in our Terms of Service.

1.3 We respect intellectual property rights and expect our Merchants to do the same. This Policy explains how to notify us of content on the Service that you believe infringes your rights or is otherwise unlawful, how we respond, and how a Merchant may dispute the removal of their content.

1.4 This Policy forms part of, and is incorporated by reference into, our Terms of Service. Capitalized terms used but not defined here have the meaning given in those Terms.

1.5 This Policy does not apply to content hosted elsewhere. If a Merchant's digital product references or links to material stored on another platform, that material is not hosted or controlled by Koarge, and your notice should be directed to the platform hosting it.

You may use this Policy to report content stored on the Service that you believe:

infringes a copyright you own or are authorized to act for;

infringes a trademark or other intellectual property right;

is otherwise illegal under applicable law; or

violates our Terms of Service, including our Acceptable Use rules.

If you are unsure which applies, send us what you know and we will treat your report under the process that fits.

3.1 If you believe content on the Service infringes your copyright, please send a written notice to us at the address in Section 4.

3.2 To be effective, and to comply with the requirements of the United States Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512(c)(3), your notice should include substantially the following:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right allegedly infringed.

2. Identification of the copyrighted work you claim has been infringed, or, if multiple works are covered by a single notice, a representative list of those works.

3. Identification of the material you claim is infringing and that you want removed or disabled, with information reasonably sufficient for us to locate it — for example, the Merchant's website address, the product or offer name, the download link, and the order or file reference if you have one.

4. Information reasonably sufficient for us to contact you: your name, mailing address, telephone number, and email address.

5. A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.

6. A statement that the information in your notice is accurate, and, under penalty of perjury, that you are the copyright owner or are authorized to act on the owner's behalf.

3.3 Incomplete notices may delay or prevent us from acting. If your notice is materially incomplete, we may ask you for the missing information.

3.4 Please note that under United States law, a person who knowingly materially misrepresents that material is infringing may be liable for damages, including costs and legal fees (17 U.S.C. § 512(f)). See also Section 13.

Copyright notices and counter-notifications should be sent to:

Koarge Inc. — Attn: Copyright Notices 410-99 Dalhousie Drive, Winnipeg, Manitoba R3T 3M2, Canada Email: info@koarge.com

Please mark your message "Copyright Notice" in the subject line so it reaches the right place quickly.

5.1 Acknowledgement. We will acknowledge receipt of a valid notice without undue delay and confirm what action we intend to take.

5.2 Action. Where we determine, in good faith and acting diligently, that content is infringing or otherwise unlawful, or that it violates our Terms of Service, we may remove it or disable access to it, in whole or in part. We may also suspend or terminate the Merchant's account in accordance with our Terms of Service.

5.3 Notice to the Merchant. We will notify the affected Merchant of the action taken and the reasons for it, and will provide them with a copy of the notice (which may include the identity and contact details of the person who submitted it, so that the Merchant can respond or, where applicable, submit a counter-notification). We will also inform the Merchant of the options available to them, including the counter-notification process in Section 6 and the complaint route in Section 8.

5.4 Timing. We act on notices as quickly as reasonably practicable. Response times may vary depending on the complexity of the claim and the information provided.

5.5 Automated processing. We do not use automated decision-making to determine the outcome of a notice. Notices are reviewed by a person. We do apply automated malware and file-type screening at upload, which is separate from this Policy and does not assess whether content is infringing.

5.6 Discretion. Nothing in this Policy obliges us to monitor content proactively, to search for infringement, or to determine the legal merits of a dispute between a rights holder and a Merchant. We may decline to act where a claim is unclear, unsubstantiated, or better resolved directly between the parties.

6.1 If your content has been removed or disabled and you believe this was the result of a mistake or a misidentification of the material, you may submit a written counter-notification to our Designated Agent at the address in Section 4.

6.2 To be effective under 17 U.S.C. § 512(g)(3), your counter-notification should include substantially the following:

1. Your physical or electronic signature.

2. Identification of the material that was removed or disabled and the location where it appeared before it was removed or disabled.

3. A statement, under penalty of perjury, that you have a good-faith belief the material was removed or disabled as a result of a mistake or misidentification.

4. Your name, mailing address, and telephone number.

5. A statement that you consent to the jurisdiction of the United States Federal District Court for the judicial district in which your address is located, or, if your address is outside the United States, to any judicial district in which Koarge may be found; and that you will accept service of process from the person who submitted the original notice or their agent.

6.3 If we receive a valid counter-notification, we will forward a copy to the person who submitted the original notice. Unless that person notifies us that they have filed a court action seeking to restrain the allegedly infringing activity, we may restore the removed content between ten (10) and fourteen (14) business days after receiving your counter-notification.

6.4 Submitting a counter-notification has legal consequences, including consenting to the jurisdiction of a court and accepting service of process. A person who knowingly materially misrepresents that material was removed by mistake may be liable for damages. If you are unsure, seek independent legal advice before submitting one.

7.1 Koarge is a Canadian company. Where the notice-and-notice regime under sections 41.25 to 41.27 of Canada's Copyright Act applies, we will forward a compliant notice of claimed infringement to the relevant Merchant and retain records as required.

7.2 A notice under this regime must be in writing and state the claimant's name and address, identify the work and the claimant's interest or right in it, specify the location of the allegedly infringing material, state the claimed infringement, and give the date and time of the alleged infringement.

7.3 Under Canadian law, a notice of claimed infringement may not include an offer to settle, a demand for payment, or a request for personal information, and may not contain a hyperlink to such content. We may decline to forward any notice containing these elements.

7.4 Forwarding a notice under this Section is not a determination that infringement has occurred. Separately from this regime, we may remove or disable content that breaches our Terms of Service.

8.1 This Section applies to notices concerning content available in the European Union, in accordance with Article 16 of Regulation (EU) 2022/2065 (the Digital Services Act).

8.2 Submitting a notice. Any individual or entity may notify us of content on the Service they consider to be illegal, by contacting us at info@koarge.com. To allow us to make an informed and diligent assessment, your notice should include:

1. A sufficiently substantiated explanation of why you consider the content to be illegal;

2. A clear indication of the exact electronic location of the content, such as the relevant website address, product or offer name, or download link;

3. Your name and email address (except where the notice concerns offences involving the sexual abuse or exploitation of children, where you may notify us anonymously); and

4. A statement confirming your good-faith belief that the information in the notice is accurate and complete.

8.3 Confirmation and decision. We will confirm receipt of your notice without undue delay and inform you of our decision, including any available routes to challenge it. We will process notices in a timely, diligent, non-arbitrary, and objective manner.

8.4 Statement of reasons. Where we remove or disable access to a Merchant's content, restrict the visibility of an offer, suspend a Merchant's account, or otherwise restrict the Service, we will provide the affected Merchant with a clear and specific statement of reasons in accordance with Article 17 of the Digital Services Act. This will explain the action taken and its scope, the facts and circumstances relied on, whether automated means were used, the legal or contractual ground relied on, and how the decision may be challenged.

8.5 Challenging a decision. A Merchant or a notifier who disagrees with our decision may contact us at info@koarge.com to request that we reconsider it, and may also pursue any judicial remedy available to them under applicable law.

8.6 Suspicions of criminal offences. Where we become aware of information giving rise to a suspicion that a criminal offence involving a threat to the life or safety of a person has taken place, is taking place, or is likely to take place, we will inform the relevant law enforcement or judicial authorities, in accordance with Article 18 of the Digital Services Act.

9.1 If you believe content on the Service infringes a trademark or another intellectual property right you own, contact us at info@koarge.com with: your name and contact details; a description of the right you hold and evidence of it, such as a registration number; identification of the content you believe infringes it and where it can be found; an explanation of why you believe it infringes; and a statement that you have a good-faith belief the use is not authorized and that the information you have provided is accurate.

9.2 Trademark disputes often depend on context, territory, and the goods or services involved. Where a claim is not clear-cut, we may ask for more information, may refer the parties to each other, and may decline to act pending resolution between them.

10.1 To report content that is unlawful or that breaches our Terms of Service — including malware, fraud, or content that is defamatory, obscene, harassing, or hateful — contact us at info@koarge.com with the location of the content and an explanation of the concern.

10.2 We report child sexual abuse material to the appropriate authorities and remove it immediately on discovery, without prior notice to the Merchant. We cooperate with law enforcement as required by law.

10.3 We may remove content, disable access, or suspend or terminate accounts where we reasonably believe our Terms of Service or applicable law have been breached, in accordance with those Terms.

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

11.2 In deciding whether a Merchant is a repeat infringer, we may consider the number and nature of valid notices received, whether any were successfully countered or withdrawn, whether the Merchant re-uploaded removed content, and the Merchant's overall conduct on the Service.

11.3 We may also suspend or terminate an account immediately, without prior warning, for a single serious violation, including uploading unlawful content or content that presents a risk of harm.

12.1 Removing or disabling a digital product may cause download links already issued to a Merchant's customers to stop working, including for customers who have already paid.

12.2 The Merchant is the seller and merchant of record for every sale made through the Service and remains solely responsible to their customers for refunds, replacement, or any other remedy arising from removal. Acting under this Policy does not constitute a breach by Koarge of its agreement with the Merchant.

13.1 Notices and counter-notifications must be submitted in good faith. Submitting a knowingly false, misleading, or bad-faith notice may expose you to liability for damages, including costs and legal fees, and may constitute an offence under applicable law.

13.2 We may decline to act on, and may disregard future submissions from, any person who repeatedly submits notices that are manifestly unfounded, abusive, or submitted in bad faith.

We may update this Policy from time to time. We will post the updated version with a new "Last updated" date, and for material changes we will provide additional notice. Continued use of the Service after an update takes effect constitutes acceptance of the updated Policy.

Koarge Inc. 99 Dalhousie Drive, Winnipeg, Manitoba R3T 3M2, Canada info@koarge.com