EU Digital Services Act Compliance Statement

Regulatory Basis

Upmos provides an “online marketplace” service within the meaning of Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market for Digital Services (the “Digital Services Act” or “DSA”), in force across the EU since February 17, 2024. This Statement describes how we comply with DSA obligations applicable to online marketplaces and hosting providers.

The DSA is enforced by the European Commission (for Very Large Online Platforms and Very Large Online Search Engines) and by the Digital Services Coordinator (“DSC”) in each Member State. Upmos is not currently designated as a VLOP/VLOSE; we operate under the standard DSA obligations applicable to online marketplaces.

Single Point of Contact

Pursuant to Article 11 DSA, Upmos designates the following Single Point of Contact for direct communication with Member State authorities, the Commission, and the European Board for Digital Services:

• Email: dsa-spoc@upmos.com
• Languages of communication: English, French, German, Spanish, Italian

Pursuant to Article 12 DSA, a separate Single Point of Contact for recipients of the service is provided at dsa-contact@upmos.com.

Legal Representative in the EU

Pursuant to Article 13 DSA, Upmos has designated a legal representative established within the European Union, who may be contacted at the following address for service of process and regulatory communications:

Upmos EU Representative
Contact: eu-rep@upmos.com

The legal representative may be held liable for non-compliance, without prejudice to Upmos’s own liability.

Notice and Action Mechanism — Article 16

Any individual or entity may submit a notice asserting that specific information available on the Upmos marketplace is illegal content. To submit a notice:

• Use the in-product “Report illegal content” link on every product detail page and user-generated-content page;
• Email dsa-notice@upmos.com;
• Postal mail to Upmos Inc., Attn: DSA Compliance Officer, 9896 Bissonnet St, Houston, TX 77036, USA.

A complete notice should include: (a) a sufficiently substantiated explanation of why the information is alleged to be illegal; (b) a clear indication of the exact electronic location (URL) of the information; (c) the name and email address of the notifier (except where the alleged illegality concerns offences against minors, where anonymity is supported); and (d) a statement of good faith. We will confirm receipt without undue delay and decide on the notice in a timely, diligent, non-arbitrary, and objective manner.

Statement of Reasons — Article 17

When we restrict the visibility of, suspend, or terminate the provision of a Upmos service in relation to specific content (including delisting, demotion, suspension or termination of a user account, suspension or termination of an associated payout), we provide the affected recipient with a clear and specific statement of reasons that includes:

• Whether the restriction relates to specific information, the type of restriction, and the territorial scope and duration;
• The facts and circumstances relied upon, including reliance on a notice under Article 16, voluntary own-initiative investigations, or compliance with applicable law;
• The legal grounds and references to the contractual provision the action is based on;
• Information on the redress mechanisms available, including internal complaint-handling (Article 20), out-of-court dispute settlement (Article 21), and judicial redress.

Internal Complaint-Handling System — Article 20

If you are dissatisfied with any decision we take following a notice, or with any other restriction or suspension applied to your account or content, you may submit a complaint, free of charge, via our internal complaint-handling system at /dsa-complaint/. Complaints are reviewed by human personnel in a diligent, non-discriminatory, objective, and non-arbitrary manner. Decisions are not solely automated. We respond within fourteen (14) days of complaint submission. Where the complaint contains sufficient grounds to consider that our decision was wrong, we reverse the decision without undue delay.

Out-of-Court Dispute Settlement — Article 21

If you remain dissatisfied after using our internal complaint-handling system, you may select any certified out-of-court dispute settlement body listed by the Digital Services Coordinator in your Member State. The dispute settlement body’s decision is not binding on Upmos unless we elect, in advance and for that dispute category, to be bound.

Trader Traceability for Marketplace Sellers — Article 30

Before allowing any third-party seller (a “trader”) to use Upmos’s services to promote messages on, or to offer products or services to consumers in, the EU, we obtain from the trader:

1. The trader’s name, address, telephone number, and email;
2. A copy of an identification document of the trader or any other electronic identification under eIDAS;
3. The trader’s payment account details;
4. Where applicable, the trader’s commercial register and identification number;
5. A self-certification by the trader that they will only offer products or services compliant with applicable EU law.

The information collected is verified through reliable sources to the extent reasonable. If any submitted information is found to be inaccurate or incomplete and the trader fails to correct it, Upmos suspends the trader’s services pending correction.

Compliance by Design — Article 31

The Upmos online interface is designed to enable traders to comply with their pre-contractual information, compliance, and product-safety information obligations under EU law, including providing space for required CE marking, manufacturer information, country of origin, and safety warnings.

Right to Information on Sellers — Article 32

Where a Upmos online marketplace transaction has involved an illegal product or service, we inform the affected consumers, on a best-efforts basis, of the trader, the product or service, and the identification of any redress mechanisms. We provide the consumer with the information needed to file a complaint, exercise a right of redress, or seek compensation.

Transparency Reporting — Articles 15 and 24

Upmos publishes an annual Transparency Report at /transparency-report/, including:

• Number of orders received from Member State authorities and average response time;
• Number of notices received under Article 16 and corresponding actions;
• Use of automated tools in content moderation and accuracy metrics;
• Complaints filed through the Article 20 internal system, decisions, and average decision time;
• Out-of-court disputes (Article 21);
• Number of suspensions imposed under Article 23 for manifestly illegal content.

Recommender System Transparency — Article 27

Where Upmos uses recommender systems (e.g., product recommendations, “Customers also bought,” personalized search-result ranking), the main parameters are described in plain and intelligible language in our AI & Algorithmic Decision-Making Disclosure. Consumers may switch to a non-personalized recommendation view at any time via account settings.

Contact

Email: dsa-contact@upmos.com · dsa-spoc@upmos.com (regulator-only)

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 CST)
• 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