Counterfeit & Authenticity Guarantee

1. Our Commitment

Upmos requires every seller to warrant that their products are genuine, accurately described, and not counterfeit. We maintain a Brand Registry program through which trademark owners can flag their marks and product identifiers. We incorporate counterfeit screening into our seller onboarding and periodic listing reviews. If a counterfeit product reaches you despite these measures, we will make it right — no questions asked.

2. How We Screen for Fakes

Our multi-layer approach includes: (a) Seller verification — all sellers undergo AML/KYC checks at onboarding (AML/KYC Policy); (b) Brand Registry integration — registered trademark holders may submit product identifiers (UPCs, SKUs, model numbers) that trigger automatic review when matched by a non-authorized seller; (c) Buyer report signals — repeated counterfeit reports on a seller trigger a manual listing audit; (d) INFORM Act compliance — high-volume sellers undergo enhanced verification per the INFORM Consumers Act Notice.

3. Reporting a Counterfeit

If you believe you received a counterfeit item: (a) do not use or consume the item further; (b) log in to your Upmos account, go to Orders → [Order] → Report Counterfeit; (c) upload clear photographs of the item, its packaging, any labels, and any authenticity indicators (hologram, serial number, certificate of authenticity); (d) submit the report. You will receive a case number within 1 hour. Reports must be made within 30 calendar days of delivery.

4. Return & Refund Process

Within 2 business days of your report, Upmos will: (a) issue a prepaid return shipping label to your registered address; (b) open a seller investigation. Once the return is scanned by the carrier (you keep the carrier receipt), a full refund including original shipping costs will be issued to your original payment method within 5 business days. You do not need to wait for the item to arrive at the seller’s facility.

5. Refund Timeline

6. Seller Consequences

A seller whose product is confirmed counterfeit faces: (a) immediate listing suspension of the reported item and all similar listings pending investigation; (b) payout hold on pending earnings until the investigation is complete; (c) for a first confirmed counterfeit: 30-day account suspension and mandatory re-verification; (d) for a second confirmed counterfeit: permanent account termination; (e) in cases involving intentional trafficking of counterfeits, referral to relevant law enforcement and brand legal teams. Upmos cooperates fully with trademark holders and federal agencies in counterfeit investigations.

7. Brand Owner Cooperation

Trademark holders and brand owners may join the Upmos Brand Registry (see Brand Registry Terms) to: (a) submit trademark registrations and product identifiers for proactive screening; (b) receive notification when a potential infringement is flagged; (c) submit takedown requests under the DMCA Policy and IP protection framework. Brand owners are encouraged to contact ip@upmos.com to initiate Brand Registry enrollment.

8. Limitations & Exclusions

This Guarantee does not cover: (a) items where the buyer modified, damaged, or used the product in a way that makes authenticity verification impossible; (b) reports submitted more than 30 days after delivery; (c) items purchased from Upmos’s own first-party inventory (covered under the standard Return & Refund Policy); (d) items in product categories explicitly excluded from the Guarantee (listed at Prohibited & Restricted Products Policy). This Guarantee is in addition to — and does not limit — any rights you have under applicable consumer protection law.

Governing Law & Jurisdiction

This Policy is governed by and construed in accordance with the laws of the State of Texas, United States of America, without regard to its conflict-of-law provisions. Any dispute arising out of or relating to this Policy that cannot be resolved through our internal process shall be submitted to binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, with proceedings conducted in Houston, Harris County, Texas. You and Upmos each waive the right to a jury trial and the right to participate in any class-action or collective proceeding.

If arbitration is found unenforceable or inapplicable to a particular claim, you agree that any legal action shall be brought exclusively in the state or federal courts located in Harris County, Texas, and you irrevocably consent to the personal jurisdiction of those courts.

If any provision of this Policy is held invalid or unenforceable, the remaining provisions continue in full force. Our failure to enforce any right or provision shall not constitute a waiver. This Policy, together with our Terms of Use, constitutes the entire agreement between you and Upmos with respect to the subject matter herein.

Version History

Contact & Questions

If you have questions about this policy, please contact:

Legal & Compliance

legal@upmos.com

Mailing Address

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