NIWERS PROHIBITED & RESTRICTED ITEMS POLICY (UNITED STATES)

Effective Date: pending — company being formed Version: 2026-06-v1.0

⚠️ IMPORTANT NOTICE

THIS PROHIBITED & RESTRICTED ITEMS POLICY ("ITEMS POLICY") IS INCORPORATED BY REFERENCE INTO THE NIWERS TERMS OF SERVICE, THE NIWERS SELLER AGREEMENT, AND THE NIWERS ACCEPTABLE USE POLICY. LISTING A PROHIBITED ITEM MAY RESULT IN IMMEDIATE LISTING REMOVAL, ACCOUNT SUSPENSION OR PERMANENT TERMINATION, WITHHELD PAYOUTS, AND REFERRAL TO LAW ENFORCEMENT.

COUNTERFEIT AND IP-INFRINGING GOODS ARE SUBJECT TO THE ZERO-TOLERANCE, ONE-STRIKE POLICY IN SECTION 4 OF THE SELLER AGREEMENT.

Introduction

This Items Policy lists what may not be listed, sold, or transferred through the Niwers Platform ("Prohibited Items", Section 2) and what may be listed only under specific conditions ("Restricted Items", Section 3).

Niwers is a fashion and lifestyle marketplace. The categories below are not exhaustive — Niwers may remove any listing, in its sole discretion, that it believes is unsafe, unlawful, infringing, or inconsistent with the Platform's purpose. Where this Policy conflicts with another Niwers Policy, the more restrictive provision applies.

Sellers are solely responsible for ensuring every listing is lawful to sell, hold, ship, and own under all applicable federal, state, and local laws, and that the Seller has the legal right and title to sell the item.

1. HOW THIS POLICY IS ENFORCED

1.1. Niwers uses a combination of automated screening (including AI-assisted image and text review), brand-provided data, and human review to detect Prohibited and Restricted Items.

1.2. Depending on the violation, Niwers may: (a) remove or hide the listing; (b) issue a warning; (c) restrict, suspend, or permanently terminate the account; (d) withhold, reverse, or freeze related payouts; (e) cancel and refund affected orders; and/or (f) report the matter to payment processors, brands, or law enforcement.

1.3. Counterfeit and IP-infringing listings are governed by the zero-tolerance, one-strike rule of the Seller Agreement and may result in immediate permanent termination without prior warning.

2. STRICTLY PROHIBITED ITEMS (NEVER ALLOWED)

You may not list, sell, advertise, or facilitate the transfer of any of the following:

2.1. Counterfeit, Replica & IP-Infringing Goods

• Counterfeit, fake, or "replica" items bearing unauthorized brand names, logos, trademarks, or designs.
• Unauthorized copies or reproductions, "inspired by" / "dupe" goods presented as or confusable with a brand.
• Items that infringe any trademark, copyright, design, or other intellectual property right.
• Pirated or bootleg media (films, music, software, games) and unauthorized prints/artwork.

2.2. Weapons & Military Items

• Firearms, ammunition, and firearm parts or accessories.
• Knives or blades designed or marketed as weapons (switchblades, butterfly knives, etc.), brass knuckles, batons, tasers, and similar.
• Explosive, tactical, or military equipment, regardless of functionality, age, or "collectible" status.

2.3. Drugs, Tobacco & Controlled Substances

• Illegal drugs, narcotics, steroids, and any controlled substance.
• Drug paraphernalia, or items used to produce, consume, or conceal controlled substances.
• "Legal highs" or any product marketed as replicating the effect of a controlled substance.
• Tobacco, cigarettes, cigars, vapes, e-cigarettes, nicotine products, and related accessories.
• Cannabis, CBD, THC, and derivative products.

2.4. Hazardous & Recalled Materials

• Flammable, explosive, radioactive, corrosive, or toxic materials; fireworks; pesticides; poisons; compressed-gas items; fire extinguishers.
• Loose lithium batteries or items posing a fire/safety hazard.
• Any item subject to a government or manufacturer safety recall (e.g., U.S. CPSC recalls).

2.5. Medical, Prescription & Health Items

• Prescription drugs and prescription-only products.
• Medical devices, contact lenses, and diagnostic/test kits.
• Weight-loss products, supplements, teeth whiteners, and similar regulated health products that do not meet applicable safety/labeling requirements.
• Personal protective equipment (e.g., face masks) that does not meet regulatory requirements.

2.6. Adult, Hygiene & Bodily Items

• Pornographic or sexually explicit material; sex toys.
• Used intimate apparel or any used item that fails basic hygiene standards (as further limited in Section 3).
• Human body parts, remains, bodily fluids, or waste.

2.7. Animals & Protected Species

• Live animals.
• Products made from endangered or protected species, including ivory, certain furs, tortoiseshell, and any item restricted under CITES or the U.S. Endangered Species Act.

2.8. Stolen, Fraudulent & Restricted Goods

• Stolen property or any item the Seller does not have the legal right or title to sell.
• Government IDs, official credentials, license plates, and police/military uniforms or insignia ("stolen valor").
• Currency, financial instruments, and fraudulently obtained gift cards or vouchers.
• Goods that violate U.S. sanctions/embargoes or are sold to/from restricted parties (OFAC).

2.9. Hateful, Violent & Extremist Items

• Items that promote, glorify, or incite hate, violence, terrorism, or discrimination, including Nazi or other extremist memorabilia and symbols.

2.10. Out-of-Category & High-Risk Listings

• Mystery boxes / blind items where the contents are not specified.
• Digital-only goods, downloadable content, accounts, in-game currency, or services.
• Food, edible, perishable items, live plants, and seeds.
• Any business or product category prohibited by our payment processor under the Stripe Restricted Businesses Policy.

3. RESTRICTED ITEMS (ALLOWED ONLY UNDER CONDITIONS)

The following may be listed only if all stated conditions are met:

• Cosmetics & fragrance: Must be authentic, sealed/unused or clearly described, within any printed expiry, in original packaging with an ingredient list. Homemade cosmetics without a compliant ingredient list are not allowed.
• Hair pieces: Only wigs/extensions made of real human hair or clearly labeled synthetic material.
• Safety equipment: Helmets and protective gear must be new, undamaged, and meet applicable safety standards.
• Electronics & battery-powered accessories: Must be authentic, functional, accurately described, and compliant with safety regulations.
• Secondhand & vintage apparel: Must be authentic, accurately described as to condition and authenticity, and meet basic hygiene standards (clean, wearable).

Niwers may require proof of authenticity, compliance, or right-to-sell for any Restricted Item and may remove listings that cannot be substantiated.

4. SELLER RESPONSIBILITIES & DISCLOSURES

4.1. Sellers warrant that each listed item is lawful to sell, accurately described, and free of IP infringement, and that the Seller holds clear title.

4.2. High-volume third-party sellers may be subject to information-collection and disclosure obligations under the INFORM Consumers Act (see INFORM Act Disclosures).

4.3. Sellers must comply with all consumer-protection, product-safety, labeling, import/export, and tax requirements applicable to their items.

5. REPORTING A VIOLATION

If you believe a listing violates this Policy, report it in-app (item or user report) or contact [email protected]. IP-rights holders should follow the DMCA Policy and IP procedures in the Seller Agreement.

6. CHANGES TO THIS POLICY

Niwers may update this Policy at any time to reflect legal, safety, or operational changes. The current version is always available at this URL. Continued use of the Platform after changes take effect constitutes acceptance.

Operator / Company: Fitcheck LLC (DBA Niwers) · 93 Hampshire Ave Ste B, Daly City, CA 94015 Questions: [email protected]