NIWERS ACCEPTABLE USE POLICY (UNITED STATES)

Effective Date: pending — company being formed Version: 2026-05-v1.0

⚠️ IMPORTANT NOTICE

THIS ACCEPTABLE USE POLICY (AUP) IS INCORPORATED BY REFERENCE INTO THE NIWERS TERMS OF SERVICE AND THE NIWERS SELLER AGREEMENT. VIOLATIONS MAY RESULT IN IMMEDIATE, PERMANENT ACCOUNT TERMINATION, FINANCIAL PENALTIES, AND LEGAL ACTION.

THE NIWERS PLATFORM OPERATES A ZERO-TOLERANCE POLICY ON COUNTERFEIT GOODS AND INTELLECTUAL PROPERTY INFRINGEMENT (SECTION 2). PLEASE READ CAREFULLY.

Introduction

This Acceptable Use Policy ("AUP" or "Policy") sets out the rules for using the Niwers Platform. It applies to all Users, including Buyers, Sellers, content creators, and visitors.

The AUP supplements but does not replace the Terms of Service or Seller Agreement. Where there is a conflict, the more restrictive provision applies.

1. GENERAL PROHIBITIONS

You may not use the Niwers Platform to:

• (a) Violate any federal, state, local, or international law
• (b) Infringe intellectual property rights of others (see Section 2)
• (c) Defraud any person or entity
• (d) Harass, threaten, or stalk other Users
• (e) Discriminate based on protected characteristics (race, gender, religion, sexual orientation, etc.)
• (f) Distribute malware, viruses, or harmful code
• (g) Engage in phishing, spoofing, or social engineering
• (h) Spam or send unsolicited communications
• (i) Interfere with the Niwers Platform's operation
• (j) Impersonate any person, brand, or entity
• (k) Engage in any other prohibited conduct described in this AUP

2. ⛔ COUNTERFEIT AND IP INFRINGEMENT — ZERO TOLERANCE

2.1. The Niwers Standard

Niwers operates a strict zero-tolerance policy against counterfeit goods, IP infringement, and IP-related deception.

A single confirmed violation may result in:

• Immediate, permanent account termination
• Forfeiture of pending payouts and Reserve to satisfy refund obligations
• Reporting to brand owners, payment processors, app stores, and law enforcement
• Permanent ban from creating any new Niwers account
• Civil liability for damages

2.2. Prohibited Listings

2.2.1. Counterfeit Goods

You may not list, sell, or facilitate the sale of:

• Counterfeit branded items (any item bearing unauthorized reproductions of trademarks)
• "Replica", "copy", "imitation", "knockoff", "fake" branded items
• "AAA quality", "1:1 mirror", "super copy", "factory variant" branded items
• Items with removed, altered, or fake brand labels
• Reused or refilled branded packaging with non-authentic contents
• Goods intended to be confused with authentic products

2.2.2. Trademark Infringement

You may not list products:

• Bearing third-party trademarks without authorization
• Marketed using brand names without authorization (in titles, descriptions, hashtags, alt text, or images)
• Using phrases like:
  • "Inspired by [brand]"
  • "Tribute to [brand]"
  • "In the style of [brand]"
  • "Dupe of [brand]"
  • "[Brand] alternative"
• Using brand keywords for SEO (keyword stuffing, search trapping)
• Using trade dress of established brands (distinctive packaging, design elements)

2.2.3. Copyright Infringement

You may not list products:

• With unauthorized reproductions of copyrighted designs, patterns, characters, or artwork
• Using stolen images taken from another seller's listings or brand websites
• Using copyrighted descriptions or marketing copy without permission
• Incorporating copyrighted music, video, or text without license (e.g., licensed character clothing)

2.2.4. Patent Infringement

You may not list products that infringe valid utility or design patents.

2.2.5. Right of Publicity

You may not list:

• Unauthorized celebrity merchandise
• Items using identifiable likeness of public figures without consent
• Sports, entertainment, or media tie-ins without proper licensing

2.3. Listing Title and Content Rules

In product titles, descriptions, hashtags, image alt text, or messaging:

You MAY NOT include:

• Brand names of products you do not have authorization to sell
• Phrases like "replica," "copy," "AAA," "1:1," "factory," "OEM"
• "Inspired by [brand]," "tribute to [brand]," etc.
• Authenticity claims you cannot prove ("100% authentic," "fabriqué de l'original," "factory direct")
• Logos or marks of unauthorized brands (whether prominent or subtle)
• Any deceptive language regarding origin, authenticity, or authorization

You MAY include:

• Generic descriptive terms (e.g., "white t-shirt," "leather handbag," "running shoes")
• Style descriptors that don't reference specific brands (e.g., "vintage," "minimalist," "bohemian")
• Your own original brand names (with appropriate trademark rights)
• Public domain references

2.4. Brand Authorization

If you list branded products, Niwers may, at its discretion, require:

• Brand authorization letter signed by the brand owner
• Distributor agreement or license agreement
• Original purchase invoices from authorized sources
• Trademark registration certificate (if you own the brand)
• Customs/import documentation for cross-border goods

Failure to provide adequate documentation = listing removal + account suspension.

2.5. Reverse Authentication

Niwers may, at its discretion, conduct reverse authentication by:

• Comparing listings to known authentic products
• Consulting brand owner databases
• Using AI-powered counterfeit detection
• Engaging third-party authentication services
• Requesting physical inspection of goods

Failed authentication = removal + termination.

2.6. Brand Owner Cooperation

Niwers cooperates with brand owners in:

• DMCA takedown procedures (see DMCA Policy)
• Trademark complaint procedures ([email protected])
• Trusted brand programs (streamlined reporting interfaces)
• Counterfeit detection through brand-provided data
• Litigation when warranted

2.7. Aiding and Abetting

You may not:

• Help, facilitate, or instruct others to engage in counterfeit activity
• Coordinate with other Sellers to evade detection
• Share information about Niwers's counterfeit detection methods
• Discuss counterfeit goods on Niwers Platform messaging or content

2.8. Repeat Detection

Even if a single Seller is terminated under one-strike rule, Niwers may apply enhanced monitoring or terminate related accounts:

• Same person or business with multiple accounts
• Same product, inventory, or supply chain
• Same payment method or bank account
• Same IP address or device

3. PROHIBITED PRODUCTS

Beyond counterfeit/IP, you may not list, sell, or facilitate the sale of:

3.1. Illegal Goods

• Drugs, controlled substances, drug paraphernalia
• Counterfeit currency or financial instruments
• Stolen goods
• Smuggled goods
• Goods violating export controls (OFAC sanctions, Bureau of Industry and Security)
• Items prohibited by ITAR or EAR

3.2. Weapons and Hazardous Materials

• Firearms, ammunition, explosives
• Knives, swords, or martial arts weapons (subject to state/local laws)
• Stun guns, tasers, mace (subject to state/local laws)
• Hazardous chemicals (acids, biohazards, radioactive materials)
• Ammunition of any kind
• Body armor (where prohibited by state law)

3.3. Regulated Substances

• Tobacco products and e-cigarettes (FDA-regulated, state-restricted)
• Cannabis and CBD products (subject to state/federal complexity)
• Alcohol (without specific Niwers authorization and state compliance)
• Prescription drugs
• Medical devices (without FDA clearance)
• Supplements lacking required FDA registration
• Cosmetics lacking FDA-required disclosures

3.4. Health and Safety Risks

• Recalled products (CPSC, NHTSA, FDA recalls)
• Children's products without CPSIA testing/certification
• Used or reconditioned items falsely advertised as new
• Counterfeit safety equipment (helmets, car seats, life jackets)
• Items containing prohibited substances (e.g., banned dyes, pesticides)

3.5. Animals and Animal Products

• Live animals
• Endangered species (CITES-listed)
• Ivory, rhino horn, exotic animal products
• Fur from protected species
• Pet products for animal cruelty

3.6. Adult Content

• Sexually explicit material (subject to state law)
• Content depicting nudity (subject to App Store policies)
• Sex toys (without specific Niwers authorization)
• Pornographic material

3.7. Child Sexual Abuse Material (CSAM)

ABSOLUTELY PROHIBITED. Niwers reports any CSAM to:

• National Center for Missing & Exploited Children (NCMEC) per 18 U.S.C. § 2258A
• FBI
• Other appropriate law enforcement

Account is permanently terminated and reported.

3.8. Sex Trafficking and Human Trafficking

In compliance with FOSTA-SESTA (47 U.S.C. § 230(e)(5)):

• No content promoting prostitution
• No content related to sex trafficking
• No content related to human trafficking

Niwers reports to law enforcement and terminates accounts.

3.9. Other Prohibited Items

• Personal data, ID documents (driver's licenses, passports — not for sale)
• Stolen credit cards or financial information
• Hacked accounts
• Illegal services (hacking, fraud, etc.)
• Hate speech merchandise (e.g., swastika items, KKK regalia)
• Items that promote violence or discrimination

3.10. Stripe-Prohibited Products

In addition to the above, all items prohibited by Stripe's Restricted Businesses Policy are prohibited on the Niwers Platform.

4. PROHIBITED CONDUCT

4.1. Fraud and Deception

You may not:

• Misrepresent yourself or your business
• Make false claims about products, services, or yourself
• Manipulate listings, reviews, or ratings
• Engage in phishing or spoofing
• Use fake accounts to inflate metrics or manipulate algorithms
• Engage in chargeback fraud (filing chargebacks while keeping items)
• Engage in shipping fraud (claiming non-receipt to obtain free items)
• Engage in seller fraud (taking payment without intent to ship)

4.2. Manipulation of Niwers Platform

You may not:

• Game the algorithm (fake engagement, follow farms)
• Bot or automate account actions
• Scrape or harvest content or User data
• Reverse engineer Niwers Platform code
• Bypass technical restrictions (rate limits, content filters, age verification)
• Use multiple accounts to evade restrictions
• Coordinate with others to manipulate the Niwers Platform

4.3. Off-Platform Transactions

You may not:

• Direct Buyers off-platform for payment or fulfillment
• Use the Niwers Platform to advertise external services
• Spam Buyers with off-platform offers
• Circumvent Commission by completing transactions outside

4.4. Communication Abuse

You may not use Niwers messaging or comments for:

• Harassment, threats, intimidation
• Hate speech, discrimination
• Doxing (publishing private information)
• Sexual harassment
• Spam or unsolicited offers
• Stalking or unwanted contact
• CAN-SPAM Act violations (no unsubscribe, false subject lines)
• TCPA violations (unauthorized SMS/calls)

4.5. Privacy Violations

You may not:

• Collect User data through scraping or other means
• Aggregate or resell User data
• Misuse Buyer information (for marketing without consent)
• Violate CCPA, VCDPA, or other state privacy laws

4.6. Security Violations

You may not:

• Attempt to access unauthorized accounts or data
• Test security without express written permission
• Probe networks or systems
• Bypass authentication or authorization
• Conduct denial-of-service attacks
• Distribute malware or exploits

5. CONTENT-SPECIFIC RULES

5.1. Posts and Photos

Content must:

• Be created by you (or used with explicit license)
• Not infringe third-party rights (copyright, right of publicity, trademark)
• Not violate privacy of others (no unauthorized images of identifiable people)
• Not contain prohibited content (Section 3)

5.2. User-Generated Reviews

Reviews must be:

• Honest based on personal experience
• Not paid for by Sellers (or disclosed if so per FTC Endorsement Guides)
• Not defamatory
• Not threatening or harassing

5.3. Profile and Bio

Profile information must be:

• Accurate (real name or recognizable handle)
• Not impersonating other persons or brands
• Not containing prohibited content

5.4. AI-Generated Content

If you use AI to generate listings, photos, or content:

• Disclose AI use when relevant (e.g., AI-generated product images for actual physical products)
• Ensure accuracy (AI-generated content must reflect actual product)
• No deceptive AI-generated reviews

6. ENFORCEMENT

6.1. Niwers's Discretion

Niwers may, at its sole discretion and without prior notice:

• Remove content
• Suspend or terminate accounts
• Hold or refund transactions
• Apply penalties (Seller Agreement Section 15)
• Report to authorities
• Pursue legal action

6.2. Investigative Tools

Niwers may use:

• AI content moderation
• Human review
• Automated detection systems (counterfeit, fraud, abuse)
• Brand owner reports
• User reports
• Third-party verification services

6.3. Notice Not Required

Niwers may take action without prior notice in cases of:

• Counterfeit/IP violations
• Fraud
• Illegal activity
• Imminent harm to Users
• Compliance with legal/regulatory requirements

6.4. Notice After Action

When practicable, Niwers will inform the affected User of:

• The action taken
• The reason
• Available recourse (if any)

7. APPEALS

7.1. General Appeal Process

For non-counterfeit account actions, you may appeal by:

• In-app: Settings → Account → Appeal
• Email: [email protected] (subject: "Account Action Appeal")

Niwers reviews appeals within 5-10 business days.

7.2. Counterfeit Terminations Are Non-Appealable

Per the one-strike rule, counterfeit-related terminations are permanent and non-appealable. The only recourse is the DMCA Counter-Notification procedure (see DMCA Policy) for legitimate disputes about misidentification.

7.3. Arbitration

Disputes about Niwers actions are subject to binding individual arbitration per the Terms of Service Section 17 or Seller Agreement Section 18.

8. REPORTING VIOLATIONS

8.1. How to Report

Users can report AUP violations via:

• In-app: Tap "Report" on any content, listing, or account
• Email: [email protected] for general reports
• Email: [email protected] for IP infringement
• Email: [email protected] for copyright issues
• Email: [email protected] for INFORM Act suspicious sellers

8.2. False Reports

Filing false reports in bad faith may result in:

• Suspension or termination of the reporter's account
• Civil liability
• Criminal prosecution

9. COMPLIANCE WITH GOVERNMENT REQUESTS

Niwers cooperates with valid law enforcement requests, including:

• Subpoenas, court orders, search warrants
• NCMEC reports (CSAM, 18 U.S.C. § 2258A)
• FTC, FBI, DOJ requests
• State Attorneys General requests
• U.S. Customs and Border Protection (counterfeit imports)

Niwers may notify Users of government requests where legally permitted.

10. UPDATES

Niwers may update this AUP. Updates effective per the Terms of Service modification process.

11. CONTACT

Version: 2026-05-v1.0 Effective Date: pending — company being formed