Content Moderation Policy

Scope

Upmos Inc. (“Upmos,” “we,” “us,” or “our”) is a Delaware corporation (registered office c/o Republic Registered Agent LLC, 262 Chapman Rd Ste 240, Newark, DE 19702, New Castle County), with its principal place of business at 9896 Bissonnet St, Houston, TX 77036, United States. Upmos operates an e-commerce marketplace at upmos.com. This Content Moderation Policy (the “Policy”) describes the standards, procedures, technologies, and people Upmos uses to moderate user-generated content on the marketplace. “Content” includes product listings, listing images, product descriptions, product reviews, Q&A, vendor storefront text, vendor-buyer messages, and any other content uploaded by users.

This Policy operationalizes our obligations under, among other instruments:

• the EU Digital Services Act (Regulation (EU) 2022/2065), in particular Articles 14 (terms and conditions), 16 (notice-and-action mechanisms), 17 (statement of reasons), 20 (internal complaint-handling system), 21 (out-of-court dispute settlement), 22 (trusted flaggers), 23 (measures and protection against misuse), and 24 (transparency reporting);
• the U.S. INFORM Consumers Act (15 U.S.C. § 45f);
• the Digital Millennium Copyright Act (DMCA) safe-harbor regime at 17 U.S.C. § 512;
• Section 230 of the Communications Decency Act (47 U.S.C. § 230);
• Section 5 of the FTC Act (15 U.S.C. § 45); and
• our internal AUP, Trust & Safety Policy, and Review Integrity Policy.

Content Standards

Content on Upmos must not:

• Violate intellectual-property rights of any third party (including counterfeits, see IP Policy);
• Be defamatory, libelous, harassing, threatening, or hateful;
• Be obscene or pornographic, or otherwise inappropriate for a general audience;
• Promote violence or unlawful activity;
• Be deceptive or misleading regarding the seller, product, or material connection;
• Contain personal data of any individual without that person’s consent;
• Constitute child sexual abuse material (CSAM) or otherwise sexually exploit a minor — suspected CSAM is reported to the National Center for Missing & Exploited Children (NCMEC) pursuant to 18 U.S.C. § 2258A;
• Constitute non-consensual intimate imagery (NCII) or a digital forgery thereof — subject to removal under the Take It Down Act (15 U.S.C. § 6851 et seq.);
• Promote products that are prohibited or restricted under the Prohibited Products Policy;
• Constitute spam, repetitive promotional posting, or coordinated inauthentic activity;
• Otherwise violate the AUP or applicable law.

Moderation Methods

We moderate content using:

• Automated pre-publication checks — every new listing and review is scanned by classifiers trained on prohibited-content patterns (counterfeits, hate, profanity, deceptive claims, age-inappropriate material). Image hashing uses PhotoDNA (Microsoft) for CSAM detection, audio matching uses Audible Magic for copyrighted-soundtrack detection, and exact-match lookups use SHA-256 hashes against known-bad-content lists (NCMEC, IWF) and rights-holder fingerprint databases.
• Human moderation — trained moderators handle escalations, ambiguity, and appeals.
• Trusted-flagger notifications — submissions from designated trusted flaggers (e.g., the National Center for Missing & Exploited Children, the Internet Watch Foundation, qualified rights-holders’ brand-protection programs) are prioritized.
• User reports — every piece of content has a “Report” link.

Legal basis for processing moderation data. Where moderation involves personal data of EU/UK residents, our legal bases under the GDPR / UK GDPR are Art. 6(1)(c) (compliance with legal obligations under the DSA, DMCA, and other applicable law), Art. 6(1)(f) (legitimate interests in protecting the integrity of the marketplace and the rights of buyers, sellers, and third parties), and where applicable Art. 9(2)(g) (substantial public interest) for special-category data appearing in user-generated content.

EU AI Act. The classifiers described above are limited-risk AI systems within the meaning of Regulation (EU) 2024/1689 (EU AI Act); where they generate or label content presented to users, we comply with the transparency obligations in Article 50 of that Regulation.

Notice and Action Mechanism

Pursuant to DSA Article 16, any individual or entity may submit a notice that content on Upmos is illegal or violates our policies. To submit:

• Click “Report” on the offending content;
• Email abuse@upmos.com;
• For copyright claims, see our DMCA Policy;
• For EU illegal-content claims, see our DSA Statement.

Notices should include the exact URL of the content, a clear explanation of why the content is allegedly illegal or violating, the notifier’s name and contact email (except where the allegation concerns minors), and a good-faith statement.

Statement of Reasons

Pursuant to DSA Article 17, when we remove, restrict, demote, or otherwise act on content following a notice or our own investigation, we provide a Statement of Reasons to the affected user that includes:

• The decision (removal, demotion, suspension, etc.);
• The factual basis;
• The policy or legal basis;
• The territorial scope and duration;
• The available appeal mechanisms.

As required by Article 24(5), individual Statements of Reasons concerning EU recipients are transmitted to the European Commission’s DSA Transparency Database without undue delay.

Appeals

Pursuant to DSA Article 20, affected users may appeal content-moderation decisions via our internal complaint-handling system at /dsa-complaint/. Appeals are reviewed by a human moderator who was not involved in the original decision and are decided within fourteen (14) days. For EU residents, after the internal process is exhausted, certified out-of-court dispute settlement is available under DSA Article 21.

Trusted Flaggers — DSA Article 22

Pursuant to DSA Article 22, we give priority treatment to notices submitted by entities formally designated as Trusted Flaggers by the Digital Services Coordinator of an EU Member State. Trusted Flagger notices are reviewed within twenty-four (24) hours and decided within seventy-two (72) hours.

As a matter of internal policy, and pending the issuance of additional formal Member-State designations, Upmos extends equivalent priority treatment to notices from the National Center for Missing & Exploited Children (NCMEC), the Internet Watch Foundation (IWF), and qualified rights-holder brand-protection programs. We remain open to receiving and acting on notices from any newly designated Member-State Trusted Flagger as the designation process under DSA Article 22(2) continues to roll out across the European Union.

Sanctions Against Repeat Abusers

Pursuant to DSA Article 23, Upmos suspends — for a reasonable period and after prior warning — the provision of its services to recipients who frequently provide manifestly illegal content, and the processing of notices and complaints submitted by individuals or entities that frequently submit notices or complaints that are manifestly unfounded.

Government and Law-Enforcement Orders

We act on orders from competent national authorities to remove or restrict content where (a) the order is issued in accordance with applicable law, (b) it identifies the content with sufficient specificity, (c) it explains the legal basis, and (d) it is consistent with Articles 9 and 10 DSA in the EU context.

United States. For U.S. legal process, we follow the disclosure rules of the Stored Communications Act (Electronic Communications Privacy Act, 18 U.S.C. § 2701 et seq.), including its distinctions between subpoenas, court orders under § 2703(d), and warrants under § 2703(a). Consistent with the First Amendment, we evaluate government-initiated takedown requests with particular care where the speech at issue would be constitutionally protected absent the platform’s independent moderation decision; we may decline to act on requests that, in our judgment, would amount to government-directed suppression of protected speech under the principles set out in cases such as Bantam Books v. Sullivan, 372 U.S. 58 (1963).

Compliance with each order is reported in our Transparency Report at /transparency-report/.

Transparency Reporting

We publish a Transparency Report at upmos.com/transparency-report containing the metrics required by DSA Articles 15 and 24, at minimum annually; if and when Upmos is designated a Very Large Online Platform (VLOP), reporting moves to a semi-annual cadence in accordance with DSA Article 15(1). The report includes, at minimum:

• Total number of moderation actions taken on our own initiative;
• Number of notices received under Article 16, broken down by category;
• Average decision time;
• Number of decisions appealed and their disposition;
• Number of suspensions imposed under Article 23;
• Number of government and trusted-flagger requests received and their disposition;
• Indicators of the use of automated tools and their accuracy.

Section 230 — Good Faith Moderation

Upmos relies on the protections of Section 230 of the Communications Decency Act — specifically 47 U.S.C. § 230(c)(1) for immunity from liability for content provided by another information content provider, § 230(c)(2)(A) for good-faith actions taken in voluntary restriction of access to material we consider objectionable, and § 230(c)(2)(B) for providing the technical means to enable users to restrict access to such material.

SESTA/FOSTA carve-out. Consistent with 47 U.S.C. § 230(e)(5) (added by the Allow States and Victims to Fight Online Sex Trafficking Act, Pub. L. 115-164), Section 230 does not provide immunity in connection with civil claims under 18 U.S.C. § 1595 or state-law criminal prosecutions of conduct that violates 18 U.S.C. §§ 1591 and 2421A. Upmos applies dedicated detection, expedited human review, and removal procedures for content reasonably believed to involve sex trafficking or the promotion of prostitution; nothing in this Policy is intended to limit a victim’s right of action under the SESTA/FOSTA framework or any successor statute.

Subject to the SESTA/FOSTA carve-out above, nothing in this Policy or in any moderation action we take constitutes a waiver of any Section 230 protection, nor does it confer any third-party right not otherwise required by law.

Trust & Safety Contact

Email: abuse@upmos.com · trust-safety@upmos.com

How Can You Contact Us About This Policy?

If you have any further questions or comments or wish to report any problematic Content or Contribution, you may contact us by:

General Contact

• Phone: 1-855-637-2433 (Mon–Fri, 9 AM–5 PM CT)
• General Support: support@upmos.com
• Report Issue: upmos.com/report
• Send Feedback: upmos.com/feedback

Department Directory

Mailing Address

Upmos Inc.
9896 Bissonnet St
Houston, TX 77036
United States