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Acceptable Use Policy

Version: v1.0
Preliminary version — subject to legal review
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    1. Purpose and Scope

    This Acceptable Use Policy ("AUP") governs all use of the Swopli platform, including product listings, messages, trades, and user-generated content ("UGC"). It applies to all users wherever Swopli makes the relevant service or feature available under the Feature Availability Schedule.

    Swopli is a community-driven marketplace for barter trades without monetary exchange. Trust, honesty, and mutual respect are essential for this model to function. This AUP sets clear boundaries to protect the community and comply with applicable laws, including the EU Digital Services Act (DSA) Articles 14-17, 20 terms.

    By using Swopli, you agree to this AUP. Violations may result in content removal, account suspension, or permanent deactivation, and may be reported to law enforcement authorities where required.

    2. Prohibited Content

    You may not create, upload, post, display, publish, or transmit content that:

    2.1 Illegal Content

    • Violates any applicable law, regulation, or court order in your jurisdiction or Brazil (where Swopli is based)
    • Infringes intellectual property rights (copyright, trademark, patent, trade secret)
    • Contains child sexual abuse material (CSAM) — automatically reported to Brazilian authorities (ECA Law 8.069/1990) and, for US users, to NCMEC per 18 USC §2258A
    • Promotes, facilitates, or incites illegal activity, including fraud, violence, or terrorism

    2.2 Harmful or Dangerous Content

    • Depicts or promotes violence, self-harm, or dangerous activities
    • Contains graphic or gratuitous violence
    • Promotes eating disorders or self-harm
    • Provides instructions for creating weapons, explosives, or dangerous substances

    2.3 Hateful or Discriminatory Content

    • Promotes hatred or violence against individuals or groups based on race, ethnicity, religion, gender, sexual orientation, disability, age, nationality, or immigration status
    • Contains slurs or dehumanizing language
    • Denies well-documented violent events (Holocaust denial, genocide denial)

    2.4 Harassment and Abuse

    • Harasses, threatens, intimidates, or bullies another user
    • Shares someone's private information without consent (doxxing)
    • Encourages others to harass a specific individual
    • Depicts non-consensual sexual acts or threats

    2.5 Misleading or Fraudulent Content

    • Contains false or misleading product descriptions
    • Misrepresents the condition, authenticity, or origin of an item
    • Uses stock photos or internet images instead of photos of the actual item
    • Makes false claims about certifications, endorsements, or affiliations
    • Constitutes phishing, social engineering, or advance-fee scams

    2.6 Spam and Manipulation

    • Artificially inflates reputation scores or reviews
    • Creates fake accounts to manipulate the marketplace
    • Repeatedly posts duplicate or nearly identical listings
    • Contains unsolicited commercial messages or advertisements unrelated to the listed item
    • Uses misleading metadata or tags to game search algorithms

    2.7 Adult Content

    • Contains pornographic or sexually explicit material
    • Depicts nudity in a non-educational, non-artistic context
    • Sexualizes minors in any form (this is CSAM and will be reported)

    2.8 Prohibited Goods

    You may not list, offer, or trade the following items on Swopli:

    • Weapons, ammunition, explosives, or weapon accessories
    • Illegal drugs, controlled substances, or drug paraphernalia
    • Prescription medications without a valid prescription
    • Live animals (especially protected, endangered, or exotic species)
    • Human organs, blood, or biological material
    • Forged or counterfeit documents (IDs, licenses, diplomas, certificates)
    • Counterfeit or pirated products (fake designer goods, pirated software)
    • Stolen goods or items of illicit origin
    • Hazardous materials without proper documentation
    • Tobacco or vaping products (where restricted by local law)
    • Alcoholic beverages (where restricted by local law)

    3. Prohibited Conduct

    You may not:

    3.1 Fraud and Deceptive Practices

    • Engage in any form of fraud, scam, or misrepresentation
    • List items you do not possess or cannot deliver
    • Accept a trade and then fail to follow through without valid reason
    • File false disputes or chargebacks
    • Impersonate another person, brand, or entity
    • Create multiple accounts to evade bans or manipulate reputation

    3.2 Abuse of Platform Features

    • Circumvent or interfere with security features or access controls
    • Use bots, scrapers, or automated tools to access the platform (except with written permission)
    • Attempt to gain unauthorized access to other users' accounts or data
    • Reverse-engineer, decompile, or disassemble any part of the Swopli app or services
    • Introduce viruses, malware, or other malicious code
    • Use the platform in violation of sanctions, export-control, embargo, restricted-party, or payment-network restrictions that apply to you, your location, your trade, or any listed item

    3.3 Interference with Operations

    • Disrupt or interfere with the platform's servers or networks
    • Place an unreasonable load on infrastructure (e.g., denial-of-service attacks)
    • Use the platform in a manner that could damage, disable, or impair its functionality
    • Interfere with other users' ability to use the platform

    3.4 Misuse of Communication Features

    • Send spam, unsolicited advertisements, or mass messages
    • Harass other users with repeated unwanted contact
    • Use the messaging system to conduct transactions outside Swopli (avoiding platform protections)
    • Share contact information to move conversations off-platform before a trade is confirmed

    3.5 Violation of Third-Party Rights

    • Infringe copyrights, trademarks, patents, or other intellectual property
    • Violate someone's privacy or publicity rights
    • Defame, libel, or make false statements about others
    • Use another person's image, likeness, or personal information without permission

    4. User-Generated Content (UGC)

    4.1 Your Responsibilities

    • You are solely responsible for all content you create, upload, or transmit on Swopli
    • You represent and warrant that you own or have the necessary rights to all content you post
    • You grant Swopli a non-exclusive, worldwide, royalty-free license to use, display, reproduce, and distribute your content as necessary to operate the platform (see Terms of Service for full details)

    4.2 Swopli's Rights

    • Swopli may review, monitor, and moderate user-generated content
    • We may remove content that violates this AUP without prior notice
    • We may use automated tools (such as blocklists and AI moderation) to detect prohibited content
    • We are not obligated to monitor all content, and we are not responsible for user-generated content

    5. Intellectual Property

    5.1 Respect for IP Rights

    • Do not list counterfeit, pirated, or infringing products
    • Do not use copyrighted images, logos, or text without permission
    • Do not claim affiliation with brands or trademarks you are not authorized to represent

    5.2 DMCA Compliance (United States)

    Swopli complies with the U.S. Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512. If you believe your copyright has been infringed, please follow the takedown procedure in our Content Moderation & Takedown Policy.

    5.3 Other Jurisdictions

    For users outside the U.S., please follow the notice and takedown procedures outlined in our Content Moderation & Takedown Policy, which includes DSA-compliant reporting for EU users.

    6. Reporting Violations

    6.1 In-App Reporting

    To report content or conduct that violates this AUP:

    1. Tap the menu (•••) on any product listing, user profile, or message
    2. Select "Report"
    3. Choose the reason
    4. Add context and evidence

    Reports are reviewed by our moderation team. You will be notified when a decision is made.

    6.2 Public Reporting (No Account Required)

    If you do not have a Swopli account but find problematic content:

    6.3 Urgent Safety Concerns

    If you are in immediate danger (threat of violence, stalking, suspected criminal activity):

    • Contact local law enforcement first
    • Then email security@swopli.com with any case reference numbers
    • Swopli will cooperate with law enforcement upon legal request

    7. Enforcement

    7.1 Enforcement Actions

    Violations of this AUP may result in:

    • Warning and content removal (first minor offense)
    • Temporary suspension (3-30 days, depending on severity)
    • Permanent account deactivation (serious or repeated offenses)
    • Cooperation with law enforcement (criminal activity)

    7.2 Progressive Enforcement

    Swopli applies a graduated enforcement approach:

    Severity Action
    Minor first offense (e.g., inaccurate description, inappropriate language) Warning + content removal
    Repeat minor offense Temporary suspension (3-7 days)
    Serious offense (harassment, fraud, reputation manipulation) Extended suspension (30 days) or deactivation
    Severe offense (crime, CSAM, violence, prohibited items) Immediate deactivation + report to authorities

    Enforcement decisions are based on context, evidence, and the severity of the violation. Swopli retains sole discretion in enforcement.

    7.3 No Tolerance for Certain Violations

    The following violations result in immediate account deactivation and reporting to authorities, without prior warning:

    • Child sexual abuse material (CSAM)
    • Credible threats of violence
    • Trafficking of any kind
    • Terrorism or violent extremism
    • Doxxing with intent to cause harm

    8. DSA Compliance (EU Users)

    For users in the European Union and EEA, Swopli complies with the Digital Services Act (DSA) requirements:

    • Article 14 (Terms and Conditions): This AUP, along with our Terms of Service, constitutes our content moderation rules and is written in clear and unambiguous language.
    • Article 16 (Notice and Action): You may submit notices of illegal content via the in-app report feature or our public notice form. See our Content Moderation & Takedown Policy for DSA-compliant notice procedures.
    • Article 16 (Action): Swopli will act expeditiously on notices of illegal content and provide a statement of reasons for moderation decisions.
    • Article 17 (Statement of Reasons): You will receive a clear explanation for any content removal or account suspension, including the specific AUP provision violated and your right to appeal.
    • Article 20 (Internal Complaint): You may appeal moderation decisions. See Section 9 below.

    9. Appeals

    If your content is removed or your account is suspended and you believe the decision was made in error:

    1. Submit an appeal by emailing help@swopli.com within 7 days of notification
    2. Include:
      • Your user ID or email
      • The content or account action in question
      • Why you believe the decision was incorrect
      • Any supporting evidence
    3. Your appeal will be reviewed by a different moderator than the one who made the original decision
    4. You will receive a response within 14 business days

    If you remain dissatisfied after the appeal, you may pursue resolution through the competent courts of your country of residence or through an out-of-court dispute settlement body (for EU users, see the DSA-certified bodies listed at ec.europa.eu/digital-services-act).

    10. Changes to This Policy

    Swopli may update this AUP to address new legal requirements, community needs, or platform developments.

    • Material changes (affecting prohibited content, enforcement procedures, or your rights) will be communicated at least 30 days in advance via email and/or in-app notification.
    • Minor editorial changes (corrections, clarifications) may be made without advance notice.
    • Continued use of the platform after changes take effect constitutes acceptance of the updated AUP.

    The current version is always the one published at swopli.com/en/legal/acceptable-use.

    11. Contact