DMCA Policy

Last updated: 8/29/2025

Effective date: 8/29/2025

Digital Millennium Copyright Act Notice

SwapStack respects the intellectual property rights of others and expects our users to do the same. This policy outlines our procedures for addressing copyright infringement claims in accordance with the Digital Millennium Copyright Act (DMCA).

1. Reporting Copyright Infringement

If you believe that content on SwapStack infringes your copyright, please send a written notification to our DMCA Agent with the following information:

Required Information for DMCA Notice:

  1. Identification of the copyrighted work claimed to have been infringed, or if multiple works, a representative list
  2. Identification of the material that is claimed to be infringing, including information sufficient to locate the material on our platform (URLs preferred)
  3. Your contact information, including name, address, telephone number, and email address
  4. A statement that you have a good faith belief that use of the material is not authorized by the copyright owner, its agent, or the law
  5. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner
  6. Your physical or electronic signature

2. DMCA Agent Contact Information

Designated DMCA Agent

SwapStack Legal Department

Attn: DMCA Agent

Email: dmca@swapstack.ai

Address:
SwapStack, Inc.
548 Market St #14966
San Francisco, CA 94104
United States

Note: This contact information is solely for copyright infringement notices. General inquiries sent to this address will not receive a response.

3. Counter-Notification Procedure

If you believe your content was wrongly removed due to a mistake or misidentification, you may submit a counter-notification containing:

Counter-Notice Requirements:

  1. Your name, address, telephone number, and email address
  2. Identification of the material that was removed and its location before removal
  3. A statement under penalty of perjury that you have a good faith belief the material was removed by mistake or misidentification
  4. A statement that you consent to the jurisdiction of the Federal District Court for your address (or San Francisco if outside the US)
  5. A statement that you will accept service of process from the complaining party
  6. Your physical or electronic signature

Important: Under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

4. Our Response Process

Upon Receiving Valid DMCA Notice

  • Remove or disable access to the allegedly infringing material
  • Notify the affected user of the removal
  • Provide the user with information about filing a counter-notice
  • Forward the notice to the affected user (excluding your personal contact information)

Upon Receiving Valid Counter-Notice

  • Forward the counter-notice to the original complainant
  • Inform them they have 10 business days to seek a court order
  • Restore the content within 10-14 business days unless notified of legal action

5. Repeat Infringer Policy

In accordance with the DMCA and other applicable laws, SwapStack has adopted a policy of terminating, in appropriate circumstances, users who are deemed to be repeat infringers.

Termination Criteria

  • Three or more valid DMCA notices against a user
  • Pattern of infringement regardless of notices
  • Blatant or willful infringement
  • Failure to respond to infringement notices

We may also, at our sole discretion, limit access to the Service and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

6. Good Faith Consideration

SwapStack will consider whether a use is protected by fair use or other limitations on exclusive rights before acting on a DMCA notice. However, we are not obligated to make such determinations and may act expeditiously upon receipt of a valid notice.

Fair Use Considerations May Include:

  • Purpose and character of the use (commercial vs. educational)
  • Nature of the copyrighted work
  • Amount and substantiality of the portion used
  • Effect on the market for the original work

7. Modifications to Policy

SwapStack reserves the right to modify this DMCA Policy at any time. Changes will be effective immediately upon posting to this page, with the "Last Updated" date revised accordingly. Your continued use of our Service after any modifications indicates your acceptance of the updated policy.

8. No Duty to Monitor

SwapStack is under no obligation to monitor content posted to our Service for potential infringements. We rely on copyright owners and their agents to notify us of alleged infringements.

9. False Claims Warning

Legal Consequences of False Claims

Please be aware that under Section 512(f) of the DMCA, you may be liable for damages (including costs and attorneys' fees) if you knowingly materially misrepresent that material or activity is infringing.

Courts have awarded significant damages against parties who have filed false or bad-faith DMCA notices. Consider consulting with an attorney before filing a DMCA notice or counter-notice.

10. Additional Resources

For more information about the DMCA:

We Respect Intellectual Property

SwapStack is committed to protecting intellectual property rights and maintaining a lawful marketplace for all users.

DMCA Compliant Platform