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Content Moderation & Takedown

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

    This document describes Swopli's content moderation practices and takedown procedures, combining requirements from:

    • EU Digital Services Act (DSA) Articles 15-17 and 20 (Notice, Action, Statement of Reasons, Internal Complaint)
    • U.S. Digital Millennium Copyright Act (DMCA) 17 U.S.C. § 512 (Takedown Notice, Counter-Notification, Repeat Infringer Policy)

    This policy applies to all users and all content on the Swopli platform (product listings, messages, reviews, profile information) wherever Swopli makes the relevant service or feature available under the Feature Availability Schedule.

    Relationship to other documents:

    2. Automated Moderation

    Swopli uses automated tools to detect and block prohibited content before it reaches the platform:

    2.1 Blocklist (Pre-Moderation)

    • All text content (product titles, descriptions, messages) is checked against a curated blocklist of prohibited terms
    • Content matching blocklist terms is blocked immediately and never published
    • Users receive a clear rejection message indicating the reason
    • Blocklist includes terms related to: weapons, drugs, CSAM, hate speech, violence

    2.2 OpenAI Omni-Moderation (Pre-Moderation)

    • Product listings and messages are analyzed using OpenAI's moderation API before publication
    • Content flagged for: harassment, hate speech, violence, sexual content, self-harm, or illegal activity is blocked
    • Decisions are logged for transparency and audit

    2.3 Image Moderation (Pre-Publication)

    • Product images are analyzed server-side with OpenAI moderation before publication to detect prohibited visual content.
    • Flagged images are queued for human review.
    • Images confirmed as violating policy are removed and the user is notified.

    2.4 Limitations of Automated Moderation

    • Automated tools are not perfect and may produce false positives (blocking legitimate content) or false negatives (missing prohibited content)
    • Users may appeal automated decisions (see Section 8)
    • Human moderators make final decisions on edge cases

    3. Human Moderation

    Content that passes automated checks or is reported by users enters the human moderation queue.

    3.1 In-App Reporting

    Users may report content by:

    1. Tapping the menu (•••) on any product listing, user profile, or message
    2. Selecting "Report"
    3. Choosing a reason:
      • Spam or misleading
      • Prohibited item
      • Harassment or hate speech
      • Violence or dangerous content
      • Intellectual property infringement
      • Other (with text description)
    4. Providing additional context

    3.2 Moderation Review Process

    • Reports are queued and reviewed by trained human moderators
    • Priority: CSAM and credible threats of violence are escalated immediately
    • Standard SLA: Review within 72 hours for high-priority reports, 7 days for others
    • Moderators evaluate based on:
      • Applicable law (Brazilian law, EU DSA, U.S. DMCA, local country law)
      • Swopli's Acceptable Use Policy
      • Context and user intent

    3.3 Enforcement Actions

    Moderators may take the following actions:

    Action When Applied
    No violation Report was invalid or content does not violate policy
    Warning First minor offense (inappropriate language, unclear description)
    Content removal Content violates Acceptable Use Policy
    Temporary suspension (3-30 days) Repeated violations or serious offense
    Permanent account deactivation Severe violations (CSAM, violence, trafficking, fraud)
    Report to law enforcement Criminal activity (CSAM, threats, trafficking)

    All enforcement actions are accompanied by a statement of reasons (see Section 5).

    4. DSA Compliance (EU Users)

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

    4.1 DSA Article 16: Notice and Action Mechanism

    EU users may submit notices of illegal content via:

    A valid DSA notice must include:

    • Your name and email address
    • URL of the allegedly illegal content
    • Description of the illegality and applicable law
    • Good faith declaration

    4.2 DSA Article 16: Action on Notice

    Swopli will:

    • Review the notice within 72 hours for high-priority illegal content (CSAM, violence, hate speech)
    • Review other notices within 7 days
    • Take expeditious action if content is found to be illegal (removal or restriction of access)
    • Notify the notifier of the decision

    4.3 DSA Article 17: Statement of Reasons

    If Swopli removes or restricts access to content, the affected user and the notifier will receive a statement of reasons containing:

    • The decision taken (removal, restriction, or no action)
    • The legal or policy ground (specific DSA article, Acceptable Use Policy section, or applicable law)
    • Duration of the restriction (if temporary)
    • How to appeal the decision (see Section 8)

    4.4 DSA Article 20: Internal Complaint

    EU users may appeal moderation decisions through Swopli's internal complaint system (see Section 8).

    4.5 DSA Trusted Flaggers

    Where the DSA applies, Swopli will give priority handling to notices submitted by entities that have been formally designated by an EU Digital Services Coordinator as trusted flaggers and are listed by the European Commission. Trusted flagger status does not make removal automatic; Swopli remains responsible for reviewing each notice and deciding whether action is justified under applicable law and Swopli policies.

    5. Statement of Reasons

    When Swopli takes action on content (removal, restriction, or account suspension), the affected user will receive a notification via email and/or in-app message containing:

    1. What happened: Description of the action taken (e.g., "Your product listing was removed")
    2. Why it happened: Specific policy or law violated (e.g., "Violates Acceptable Use Policy Section 2.8: Prohibited Goods — Weapons")
    3. When it takes effect: Immediate or delayed
    4. How long it lasts: Permanent removal, 30-day suspension, etc.
    5. How to appeal: Link to appeal form or email address (see Section 8)

    Example statement of reasons:

    Content Removed: Product Listing #12345

    Your product listing "Collectible Knife Set" was removed on 2026-04-30 at 14:32 UTC.

    Reason: The listing violates Swopli's Acceptable Use Policy, Section 2.8 (Prohibited Goods: Weapons). Under Brazilian law (Statute of Disarmament, Law 10.826/2003) and the EU DSA, weapons may not be traded on online marketplaces without proper licensing.

    Action: The listing has been permanently removed and cannot be restored.

    Appeal: If you believe this decision was made in error, you may appeal within 7 days by emailing help@swopli.com with your user ID, listing URL, and explanation.

    6. DMCA Compliance (United States)

    Swopli complies with the U.S. Digital Millennium Copyright Act, 17 U.S.C. § 512, which provides a safe harbor for online platforms that respond expeditiously to copyright infringement notices.

    6.1 DMCA Agent

    DMCA takedown notices may be sent to:

    • Service Provider: Swopli LTDA
    • Registration Number: DMCA-1072280
    • Designated Agent: Copyright Agent, Swopli LTDA
    • Address: Rua Alm Protogenes, 289, Sala 122 Cond Office Jd Negocios C, Jardim, Santo Andre, 09090-760, Brazil
    • Phone: +55 11 97080-5055
    • Email: legal@swopli.com
    • Status: Active in the U.S. Copyright Office DMCA Designated Agent Directory as of May 4, 2026.

    6.2 Submitting a DMCA Takedown Notice

    To submit a valid DMCA takedown notice under 17 U.S.C. § 512(c)(3), your written communication must include all six required elements:

    1. Identification of the copyrighted work claimed to have been infringed. If multiple works are covered, provide a representative list.
    2. Identification of the infringing material and its location on Swopli (e.g., product listing URL).
    3. Your contact information: Name, mailing address, telephone number, and email address.
    4. Good faith statement: "I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law."
    5. Accuracy statement: "The information in this notification is accurate, and under penalty of perjury, I am authorized to act on behalf of the owner of the exclusive right that is allegedly infringed."
    6. Signature: Physical or electronic signature of the copyright owner or authorized agent.

    Send DMCA notices to: legal@swopli.com or to the designated DMCA Agent listed above.

    Processing time: Swopli aims to review and act on valid DMCA notices within 5 business days.

    6.3 DMCA Counter-Notification

    If your content was removed due to a DMCA takedown notice and you believe the removal was a mistake or misidentification, you may submit a counter-notification under 17 U.S.C. § 512(g).

    A valid counter-notification must include:

    1. Your physical or electronic signature
    2. Identification of the removed material and the location where it appeared before removal
    3. A statement under penalty of perjury: "I have a good faith belief that the material was removed or disabled as a result of mistake or misidentification."
    4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or any judicial district in which Swopli may be found if your address is outside the United States).

    Send counter-notifications to: legal@swopli.com or to the designated DMCA Agent listed above.

    What happens next:

    • Swopli will forward your counter-notification to the original complainant.
    • If the complainant does not file a court action within 10-14 business days, Swopli will restore the removed content, unless it independently violates other Swopli policies.

    6.4 Repeat Infringer Policy

    Swopli maintains a policy of terminating accounts of users who are repeat infringers, as required by 17 U.S.C. § 512(i).

    • A user may be flagged as a repeat infringer after receiving 2 valid DMCA takedown notices within a 12-month period.
    • Swopli reserves the right to suspend or permanently terminate accounts of repeat infringers.
    • Repeat infringer determinations are made on a case-by-case basis, considering the severity and intent.

    For content that violates laws or policies but is not a copyright issue (e.g., illegal goods, harassment, trademark infringement), users may submit a notice via:

    7.1 Trademark Infringement

    If you believe content on Swopli infringes your trademark:

    1. Submit a notice via the public form or email legal@swopli.com
    2. Include:
      • Your trademark registration number and jurisdiction
      • The allegedly infringing content (URL)
      • How the content infringes your trademark
      • Your contact information
    3. Swopli will review within 7 days and notify you of the decision

    7.2 Other Illegal Content

    For content that violates applicable law (e.g., prohibited goods, hate speech, fraud):

    1. Submit a notice via the public form or in-app reporting
    2. Identify the specific law violated (if known)
    3. Swopli will review according to the jurisdiction's law and our Acceptable Use Policy

    8. Appeals and Internal Complaints

    If your content was removed, your account was suspended, or you disagree with a moderation decision, you may appeal:

    8.1 How to Appeal

    1. Email help@swopli.com within 7 days of receiving the decision
    2. Include:
      • Your user ID or email
      • The content or action in question (URL, date, description)
      • Why you believe the decision was incorrect
      • Any supporting evidence

    8.2 Appeal Review Process

    • Your appeal will be reviewed by a different moderator than the one who made the original decision
    • You will receive a response within 14 business days
    • The decision will be upheld, modified, or reversed based on the evidence

    8.3 Out-of-Court Dispute Settlement (EU Users)

    If you are located in the EU and remain dissatisfied after the internal appeal, you may pursue resolution through:

    8.4 Final Decisions

    Swopli retains final discretion on all moderation decisions. If you disagree with a final decision, your recourse is:

    • For EU users: DSA-certified dispute settlement body or national courts
    • For U.S. users: Arbitration or courts as described in our Terms of Service
    • For other jurisdictions: Courts in your country of residence or Brazil

    9. Transparency Reporting

    Swopli is committed to transparency in content moderation. Where Swopli is subject to DSA transparency reporting obligations, Swopli will publish content moderation transparency reports in accordance with the reporting periods, formats, templates, and deadlines required by applicable DSA rules. If Swopli is exempt from those obligations or has not yet made EU-facing intermediary services available, Swopli may publish voluntary summary information about moderation activity.

    Those reports or voluntary summaries may include:

    • Number of reports received (by category)
    • Number of content removals (by reason)
    • Number of account suspensions and deactivations
    • Number of DMCA takedown notices and counter-notifications
    • Average response time to reports
    • Number of appeals and their outcomes

    Users and authorities may request summary information about moderation activity by contacting legal@swopli.com.

    10. Changes to This Policy

    Swopli may update this policy to comply with new legal requirements or improve moderation processes.

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

    The current version is always published at swopli.com/en/legal/content-moderation-takedown.

    11. Contact

    For EU users:

    • DSA Representative (Article 13): Appointment in progress — contact dpo@swopli.com in the interim