Copyright & DMCA Policy

1. Legal basis

This policy reflects our obligations and safe-harbor rights under:

• The Digital Millennium Copyright Act, 17 U.S.C. § 512 ("DMCA") (United States)
• The Copyright Act, 1957 (India), including Sections 52 and 55
• Section 79 of the Information Technology Act, 2000 (India) and Rule 3 of the Intermediary Guidelines 2021, which provide intermediary safe-harbor conditional on expeditious removal of infringing content upon actual knowledge
• The EU Copyright Directive 2019/790, where applicable to EU users

2. What Toolkiya cannot do

Because Toolkiya does not host or intermediate file storage, we cannot:

• Delete a file — we never had a copy
• Provide copies of transferred content to rights-holders
• Pre-screen content before it flows between peers
• Reverse or pause an active peer-to-peer transfer once the WebRTC connection is established

3. What Toolkiya can do

On receipt of a valid notice, we can:

• Revoke the pairing code used in the alleged infringement (if still active)
• Temporarily block the IP address(es) involved
• Permanently ban repeat infringers from all Toolkiya services
• Provide a written response to the complainant within the timelines required by law
• Preserve and produce rate-limiting logs (IP + timestamp, retained for up to 30 days) in response to a lawful order

4. How to submit a takedown notice

If you believe your copyrighted work has been used through Toolkiya in a way that constitutes infringement, send a notice to dmca@toolkiya.com containing the following information, as required under 17 U.S.C. § 512(c)(3):

1. A physical or electronic signature of the copyright owner or an authorized agent
2. Identification of the copyrighted work you claim has been infringed (title, registration number, or other identifying information)
3. Specific identification of the infringing activity — for Toolkiya this means: the Toolkiya tool used, the pairing code (if known), approximate date and time, and any identifying metadata
4. Your contact information (full legal name, postal address, telephone number, and email address)
5. A statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law
6. A statement, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner

Notices missing any of the required elements may be invalid under 17 U.S.C. § 512(c)(3).

5. Counter-notice procedure

If you believe that action taken against you under this policy was the result of a mistake or misidentification, you may send a counter-notice to dmca@toolkiya.com containing:

1. Your physical or electronic signature
2. Identification of the action you are disputing (tool, pairing code, approximate date/time of the ban or restriction)
3. A statement under penalty of perjury that you have a good-faith belief that the action was a mistake or misidentification
4. Your full legal name, postal address, and telephone number
5. A statement consenting to the jurisdiction of the courts in your district (or, for non-US users, of the competent courts in India)

6. Repeat infringer policy

In accordance with 17 U.S.C. § 512(i), Toolkiya has adopted a policy of permanently banning users who are identified as repeat infringers. Three or more valid takedown notices against a single IP address or IP range will result in a permanent ban from all Toolkiya peer-to-peer tools.

7. False claims

Submitting a false or misleading DMCA notice can expose you to liability for damages and attorneys' fees under 17 U.S.C. § 512(f). Please ensure your complaint is accurate before filing.

Designated copyright agent