Terms of Service

1. The Service

Seamark is an OCI container registry built on the AT Protocol. Image manifests and tags are stored as records in your own AT Protocol repository on your Personal Data Server (PDS), and image layers are stored on holds. Our Privacy Policy explains how we handle personal data.

The software behind Seamark is open source under the MIT License, and nothing in these Terms limits your rights under it. The Seamark name and logo aren't covered by that license.

2. Eligibility

You must be at least 13 years old to use the Service, and if you're under 18, you need permission from a parent or guardian. You can't use the Service if you're barred from doing so under US law or the law where you live, including sanctions laws (section 21). If you use the Service for an organization, you confirm you're authorized to accept these Terms for it.

3. Your account

3.1 Your identity

You sign in with an AT Protocol account (DID), which we don't control. Your PDS provider's terms govern that account.

3.2 Security

Keep your PDS credentials, app passwords and credential-helper devices secure, and revoke devices you no longer use. Tell us promptly at legal@seamark.dev if you think your account has been compromised. You're responsible for activity that happens through your credentials, unless it results from our failure to secure the Service.

4. Your content

4.1 Ownership

You keep ownership of the images and other content you push ("your content").

4.2 License to us

You grant us a worldwide, non-exclusive, royalty-free license to host, store, copy, cache, scan, index, display and distribute your content, and to publish information about it (such as layer lists, scan results, SBOMs and image configuration), as needed to operate, secure and provide the Service. The license lasts while your content is on the Service and for any time needed to finish deleting it or to keep records the law requires.

4.3 Shared layers

The Service stores identical layers once and shares them between images. Deleting your images doesn't remove layers that other images use.

4.4 Your responsibility

You're responsible for your content and must have the rights needed to publish it, including complying with the licenses of the software inside your images.

4.5 Other people's images

Images published by other users are theirs. We don't review or endorse them, and you use them at your own risk. Report images that violate these Terms to abuse@seamark.dev.

5. Public by default

Images you push aren't private. Anyone who signs in can pull images from our holds, and a hold may allow pulls without signing in. Your manifests and tags on your PDS, and our hold records about your images (including layer lists, scan results, and image configuration with environment variables and build history), are public and are copied across the AT Protocol network. Hold access settings such as invite-only registration control who can push; they don't make data private.

Don't put secrets or personal information in images, environment variables, labels or build arguments. If you push a secret by mistake, treat it as exposed and rotate it. Deleting an image doesn't recall copies others have already pulled.

6. Acceptable use

You agree not to use the Service to:

• store or distribute malware, cryptocurrency-mining code, or anything designed to damage systems or access them without permission;
• store or distribute content that's illegal, that infringes someone else's intellectual property, or that you don't have the right to distribute;
• harass, threaten, spam or impersonate anyone, or misrepresent your affiliation with anyone;
• get around quotas, rate limits, takedowns, suspensions or access controls, including by creating additional accounts;
• interfere with, overload or disrupt the Service, or try to gain unauthorized access to it;
• mainly store or distribute files that aren't container images or other OCI artifacts; or
• break any applicable law, including export control and sanctions laws.

We decide whether conduct violates these Terms, and we may investigate suspected violations.

7. Usage limits

Storage quotas, bandwidth limits and request-rate limits may apply to your account or plan. Your current storage quota is shown in Settings, and other limits, where they apply, are listed in Settings or our documentation. We may set or change limits to protect the Service. If you're over a limit, pushes or pulls may be refused until you're back under it.

8. Paid plans

8.1 Billing and renewal

Paid plans are billed in advance, monthly or yearly as you choose at checkout, and renew automatically at the same price until you cancel. Payments are processed by Stripe. By subscribing, you authorize us, through Stripe, to charge your payment method at the start of each billing period.

8.2 Cancelling

You can cancel at any time from Settings. Cancellation takes effect at the end of your current billing period, and you keep paid features until then.

8.3 Price and plan changes

A subscription keeps its price and included features while it remains active. Changes to prices or plan features apply only to new subscriptions. If we retire a plan, we'll email subscribers at their billing email address before it ends, and they keep the plan through the end of their current billing period.

8.4 Refunds

Payments are non-refundable, except where the law requires otherwise or these Terms say so. If an outage on our side keeps you from using paid features for an extended period, contact us and we'll consider a refund or credit.

8.5 Taxes

Prices don't include taxes unless stated, and you're responsible for any taxes that apply.

8.6 Failed payments and disputes

If a payment fails, paid features may stop until it's resolved. Please contact us before disputing a charge with your bank. We may suspend accounts involved in fraudulent chargebacks.

8.7 Going over quota

If your plan ends or you move to a plan with a smaller quota, your existing images stay available, but new pushes may be refused until you're under the new quota.

8.8 Visibility

Your plan tier is part of your public membership record on our hold.

9. Vulnerability scans and the AI advisor

9.1 Scans

Vulnerability scans and SBOMs are generated automatically and can be incomplete or wrong. A scan that finds nothing doesn't mean an image is secure. Scan results are public, they're information rather than security advice, and you remain responsible for the security of your images.

9.2 AI advisor

The AI image advisor's suggestions come from an AI model and can be wrong or incomplete. Review them before relying on them. Using the advisor may send information about your image to Anthropic, as described in our Privacy Policy. It's available only on some plans.

10. Actions we take for you

Some features change your PDS on your behalf. Automatic removal of untagged images deletes manifest records from your PDS according to your settings, and deleting your Seamark data can also delete all of your io.atcr.* records if you choose. These deletions are permanent, and we can't undo them.

11. Your PDS and the AT Protocol network

We don't operate your PDS. We're not responsible for what your PDS provider does, including outages, data loss, or suspending or deleting your account (some providers may treat frequent pushes as unusual activity). Revoking Seamark's access to your account stops us from writing to your repository but doesn't delete records already there. The AT Protocol and PDS software change over time, and those changes can affect how the Service works.

12. Holds and third-party services

We operate our own holds. Other holds are run by their operators under their own terms. We don't control them, don't guarantee them, and can't delete data they store. We may stop routing images to or from a hold, for example if it's unreliable or hosts content that violates these Terms.

The Service also depends on services run by others, including PDS providers, AT Protocol relays, Stripe, Anthropic, and the code hosts that repository READMEs are loaded from. Their terms apply to your use of them, and we're not responsible for their availability, content or conduct.

13. Takedowns and copyright

13.1 Removing content

We may remove or disable access to content, and suspend or terminate accounts, that we believe violate these Terms or the law, with or without notice. A takedown hides the repository on Seamark and blocks pulls and pushes through our registry, and layers stored on our holds are deleted after a grace period. We can't delete records on your PDS or data on holds we don't operate.

13.2 Copyright complaints (DMCA)

We respond to notices of alleged copyright infringement under the Digital Millennium Copyright Act. Send notices to our designated agent:

Evan Jarrett, Designated Agent
Seamark Registry LLC
5900 Balcones Dr, Ste 100
Austin, TX 78731
Phone: (805) 440-7813
Email: dmca@seamark.dev

Your notice must include:

1. your physical or electronic signature;
2. the copyrighted work you believe is infringed;
3. the material you believe infringes it, with enough detail for us to find it: the image reference (for example seamark.cr/<handle>/<repository>:<tag> or @sha256:<digest>), the page URL, or the at:// URI of the manifest record;
4. your name, address, phone number and email;
5. a statement that you believe in good faith that the use is not authorized by the copyright owner, its agent or the law; and
6. a statement, under penalty of perjury, that your notice is accurate and that you are the copyright owner or authorized to act for the owner.

When we receive a valid notice, we disable access to the material as described in section 13.1. If the material is stored on a hold we don't operate, we can still block access through our registry, and you should also send your notice to that hold's operator.

13.3 Counter-notices

If your material was removed by mistake or misidentification, you may send our agent a counter-notice that includes:

• your physical or electronic signature;
• the material and where it appeared before it was removed;
• a statement, under penalty of perjury, that you believe in good faith it was removed by mistake or misidentification;
• your name, address and phone number; and
• a statement that you consent to the jurisdiction of the federal district court for your address (or, if you're outside the United States, any judicial district where we can be found), and that you'll accept service of process from the person who sent the original notice.

We forward counter-notices to the person who sent the original notice. We restore the material in 10 to 14 business days unless that person tells us they have filed a lawsuit.

13.4 Repeat infringers

In appropriate circumstances, we terminate the accounts of users who repeatedly infringe.

14. Changes to and availability of the Service

We provide the Service on a best-effort basis, with no uptime commitment. We may change, suspend or discontinue any part of the Service at any time. If we discontinue a paid plan's features before the end of a period you've paid for, we'll refund the unused part of that period. Apart from that refund, we're not liable to you for changing, suspending or discontinuing the Service.

15. Termination

You can stop using the Service at any time and delete your data from Settings. We may suspend or terminate your access at our discretion, including for violating these Terms, for legal reasons, or to protect the Service or others. If we terminate a paid subscription for a reason other than your breach of these Terms, we'll refund the unused part of your current billing period.

When your access ends, we stop serving and indexing your content and may delete your data from our systems as described in our Privacy Policy. Records on your PDS remain there. Sections 4.2 (as needed to finish deletion), 4.3, 4.4, 5, 10, 11 and 16 through 22 continue to apply after termination.

16. Disclaimers

The Service is provided "as is" and "as available", without warranties of any kind, whether express, implied or statutory, including warranties of merchantability, fitness for a particular purpose, title and non-infringement. We do not warrant that the Service will be uninterrupted, secure or error-free, that scan results or AI suggestions will be accurate, or that any data will be preserved. You are responsible for keeping your own copies of your images.

17. Limitation of liability

To the maximum extent permitted by law, Seamark and its members, employees and agents will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, revenue, data or goodwill, arising from or relating to the Service or these Terms, even if we were told they were possible.

To the maximum extent permitted by law, our total liability for all claims arising from or relating to the Service or these Terms is limited to the greater of the amount you paid us in the 12 months before the event giving rise to the claim, or US$50.

Nothing in these Terms limits liability that can't be limited under applicable law, such as liability for fraud, gross negligence, willful misconduct, or death or personal injury caused by negligence.

18. Indemnity

You'll defend and indemnify Seamark and its members, employees and agents against third-party claims, and the resulting losses and reasonable legal fees, arising from your content, your breach of these Terms, or your violation of the law or of someone else's rights.

19. Disputes and arbitration

19.1 Informal resolution first

Before starting an arbitration or court case, the party with the claim will send the other a written description of the dispute (to us at legal@seamark.dev), and we'll both try to resolve it informally for 30 days.

19.2 Arbitration

If we can't resolve it, any dispute arising from or relating to these Terms or the Service will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The Federal Arbitration Act governs this section. The arbitration is seated in Travis County, Texas, and hearings can be held by video or phone, or in person in the county where you live. We'll pay the filing, administration and arbitrator fees that the AAA's consumer rules assign to businesses. The arbitrator's award is final and can be entered in any court with jurisdiction.

19.3 Exceptions

Either of us can bring an individual claim in small claims court, and either of us can ask a court for an injunction to stop infringement of intellectual property or unauthorized access to the Service.

19.4 No class actions

Claims can be brought only individually, not as a plaintiff or class member in any class, collective or representative proceeding, and the arbitrator can't consolidate claims or award relief to anyone other than the individual parties. If this paragraph is found unenforceable for a claim, that claim will be decided in court under section 20, and the rest of this section still applies.

19.5 Mass arbitration

If 25 or more similar arbitration demands are filed against us by or with the help of the same lawyers or organizations, the AAA's Mass Arbitration Supplementary Rules apply.

19.6 Opting out

You can opt out of this arbitration agreement by emailing legal@seamark.dev within 30 days after you first accept Terms that include it, with your handle or DID and a statement that you're opting out. Opting out doesn't affect the rest of these Terms.

19.7 Changes to this section

Changes to this section take effect 30 days after we post them and don't apply to any claim that arose before they take effect.

19.8 EU and UK residents

If you live in the EU or UK, this section doesn't apply to you, and you can bring claims in the courts where you live.

20. Governing law and courts

Texas law governs these Terms, without regard to its conflict-of-laws rules, and the Federal Arbitration Act governs section 19. Any claim that isn't arbitrated will be decided in the state or federal courts in Travis County, Texas, and you and we consent to their jurisdiction. This doesn't take away protections you have under the mandatory consumer laws of the place where you live.

21. Export control and sanctions

You may not use the Service if you're located in, or ordinarily resident in, a country or region subject to comprehensive US sanctions, or if you're on a US government restricted-party list. You're responsible for complying with export control and sanctions laws for the software you publish or pull, including encryption software.

22. General

• Entire agreement. These Terms and our Privacy Policy are the entire agreement between you and us about the Service.
• Severability. If any provision is found unenforceable, it will be enforced to the maximum extent permitted, and the rest of these Terms remains in effect.
• No waiver. Not enforcing a provision isn't a waiver of it.
• Assignment. You can't transfer these Terms without our written consent. We can transfer them in connection with a merger, acquisition, reorganization or sale of assets.
• Force majeure. We're not liable for delays or failures caused by events beyond our reasonable control, including outages of the AT Protocol network, PDS providers or our service providers.
• Notices. We communicate by posting on the Service and, for subscribers, by email to the billing email address. You agree that these satisfy any requirement that communications be in writing.
• Changes to these Terms. We may update these Terms by posting a new version with a new date. Changes take effect when posted, except as sections 8.3 and 19.7 provide. If you keep using the Service after a change, you accept the new Terms.

23. Contact

Seamark Registry LLC
5900 Balcones Dr, Ste 100
Austin, TX 78731

• Terms, disputes and arbitration opt-outs: legal@seamark.dev
• Abuse reports: abuse@seamark.dev
• Security issues: security@seamark.dev
• Copyright complaints: dmca@seamark.dev
• Privacy: privacy@seamark.dev