TERMS OF USE

Last updated November 01, 2024

This Terms of Use ("Policy") is part of our Terms and Conditions ("Legal Terms") and should therefore be read alongside our main Legal Terms: https://beta.dmarketplace.ai/terms-and-conditions. When you use the AI-powered services provided by dMarketplace Inc. ("AI Products"), you warrant that you will comply with this document, our Legal Terms and all applicable laws and regulations governing AI. Your usage of our AI Products signifies your agreement to engage with our platform in a lawful, ethical, and responsible manner that respects the rights and dignity of all individuals. If you do not agree with these Legal Terms, please refrain from using our Services. Your continued use of our Services implies acceptance of these Legal Terms.

Please carefully review this Policy which applies to any and all:

(a) uses of our Services (as defined in "Legal Terms")

(b) forms, materials, consent tools, comments, post, and all other content available on the Services ("Content")

(c) material which you contribute to the Services including any upload, post, review, disclosure, ratings, comments, chat etc. in any forum, chatrooms, reviews, and to any interactive services associated with it ("Contribution")

(d) responsible implementation and management of AI Products within our Services

WHO WE ARE

We are dMarketplace Inc. ("Company," "we," "us," or "our") a company registered in Delaware, United States at 128 Sunset Blvd #1272, New Castle, DE 19720. We operate the website https://beta.dmarketplace.ai (the "Site"), as well as any other related products and services that refer or link to this Policy (collectively, the "Services").

USE OF THE SERVICES

When you use the Services, you warrant that you will comply with this Policy and with all applicable laws.

You also acknowledge that you may not:

• Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

• Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.

• Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.

• Engage in unauthorized framing of or linking to the Services.

• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.

• Make improper use of our Services, including our support services or submit false reports of abuse or misconduct.

• Engage in any automated use of the Services, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.

• Interfere with, disrupt, or create an undue burden on the Services or the networks or the Services connected.

• Attempt to impersonate another user or person or use the username of another user.

• Use any information obtained from the Services in order to harass, abuse, or harm another person.

• Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.

• Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services, except as expressly permitted by applicable law.

• Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.

• Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.

• Delete the copyright or other proprietary rights notice from any Content.

• Copy or adapt the Services’ software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.

• Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.

• Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").

• Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or using or launching any unauthorized script or other software.

• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.

• Use the Services in a manner inconsistent with any applicable laws or regulations.

• Sell or otherwise transfer your profile.

• Soliciting Personal or Financial Information from Others.

• Organizing or Promoting Off-Platform Transactions.

• Impersonating Other Users or Entities.

• Promoting or Engaging in Ponzi or Pyramid Schemes.

• Spreading Misinformation or Fake News.

• Encouraging or Participating in Voting Manipulation.

• Using Bots or Automated Tools for Activity.

• Organizing or Promoting Illegal Gatherings or Events.

• Engaging in or Promoting Self-Harm Content.

• Attempting to Exploit Platform Glitches or Vulnerabilities.

• Uploading or Sharing Inappropriate Media.

• Disrupting or Harassing Customer Support Channels.

• Conducting Unauthorized Surveys or Data Collection.

• Engaging in Cyberbullying or Online Harassment.

• Trading or Selling User Accounts.

AI Products

When you use the AI Products provided by dMarketplace Inc., you warrant that you will not:

• Deploy AI techniques that utilize subliminal, manipulative, or deceptive methods designed to distort behavior and impair informed decision-making, particularly when such actions cause significant harm to individuals.

• Exploit vulnerabilities related to age, disability, or socio-economic circumstances through AI in a way that distorts behavior or decision-making, especially if this results in significant harm to the individual.

• Use AI systems for biometric categorization that infer sensitive attributes such as race, political opinions, trade union membership, religious or philosophical beliefs, sex life, or sexual orientation, except in limited cases, such as labeling or filtering lawfully acquired datasets, or specific law enforcement activities.

• Implement AI-based social scoring systems that evaluate or classify individuals or groups based on their social behavior or personal traits in a manner that causes harm, discrimination, or unfair treatment.

• Assess the risk of an individual committing criminal offenses based solely on profiling, personality traits, or other non-behavioral factors, except in narrowly defined circumstances where legal safeguards are in place.

• Not compile facial recognition databases through untargeted scraping of facial images from the internet, social media, or CCTV footage, unless it is part of a legally compliant and narrowly defined purpose.

• Use AI to infer emotions in sensitive environments such as workplaces, educational institutions, or any other context where such analysis could lead to discrimination, unfair treatment, or privacy violations.

• Engage in real-time remote biometric identification in public places for law enforcement purposes, except in specific situations where there are strong legal justifications and oversight mechanisms.

COMMUNITY/FORUM GUIDELINES

To ensure a safe, respectful, and enjoyable experience for everyone, we ask all users to follow these guidelines when participating in the dMarketplace community and forum: Be Respectful and Courteous Treat others with respect, kindness, and empathy. Personal attacks, hate speech, harassment, or offensive language will not be tolerated. Stay On Topic Keep discussions relevant to the topic at hand. Avoid spamming or posting unrelated content that disrupts conversations or reduces the quality of discussions. No Promotion of Prohibited Items Do not post, sell, or promote items that are prohibited on dMarketplace, including illegal, counterfeit, or dangerous products. A complete list of prohibited items can be found in our Terms of Service. Avoid Sharing Personal Information Protect your privacy and the privacy of others. Do not share sensitive personal information, such as addresses, phone numbers, or financial details, in public forums. Report Violations Help us maintain a safe community by reporting posts, comments, or users that violate these guidelines. Our moderation team will review and take appropriate action. No Spamming or Self-Promotion Refrain from posting repetitive content, advertisements, or self-promotional links unless they are relevant and permitted by forum rules. Provide Constructive Feedback When leaving feedback for sellers or other community members, aim to be honest, constructive, and fair. Help others make informed decisions through helpful reviews and comments. Respect Intellectual Property Only share content that you own or have permission to share. Do not post copyrighted material or infringe upon others’ intellectual property rights. Stay Safe and Avoid Fraud Be cautious when dealing with unknown individuals. Avoid any requests for off-platform transactions or suspicious links, as they may pose security risks. Follow All Platform Terms and Policies Adhere to dMarketplace’s Terms & Conditions, Privacy Policy, and all other applicable policies. Violations of these guidelines may result in account restrictions or removal from the community.

ARTIFICIAL INTELLIGENCE

We recognize the significant impact AI can have on our users and society, and we are dedicated to ensuring that our AI Products are designed and operated in a manner that aligns with comprehensive ethical standards. We aim to use AI to enhance user experiences while upholding fairness, transparency, and accountability principles.

This Policy applies to all AI-powered features, services, and systems in our Services. It governs the development, deployment, and use of AI technologies to protect users' rights and maintain transparency in all AI operations. This Policy applies to all stakeholders, including employees, third-party vendors, and partners who contribute to or interact with our AI Products.

Enforcement

Any misuse of our AI Products or failure to adhere to the standards outlined in this Policy will result in appropriate actions to ensure the integrity of our platform and the protection of our users. The specific consequences for misuse of AI may vary depending on the nature and severity of the violation and the user's history with our Services. 

Violations may include, but are not limited to:

• Engaging the AI Products in ways that violate user privacy, manipulate data, disregard ethical guidelines, or are against AI Service Providers’ terms of use.

• Deploying AI in a manner that introduces or causes bias, leading to unfair treatment of users or groups.

• Improper handling, storage, or use of data by AI Products, leading to breaches of user trust and legal compliance.

• Using AI in a way that compromises the privacy and security of our systems, data, or users.

Depending on the violation, dMarketplace Inc. may take one or more of the following actions:

• Warnings: The responsible party may receive a formal warning and be required to cease violating practices.

• Temporary Suspension: In cases of repeated or more severe violations, the responsible individual's access to AI Products or certain features of our platform may be temporarily suspended while the issue is investigated.

• Termination of Access: Serious violations, particularly those that result in harm to users or breach privacy or other regulations, may lead to the permanent termination of access to our AI Products and Services.

• Legal Action: In cases where the misuse of AI leads to significant harm, data breaches, or legal violations, we may pursue legal action against the party responsible. This could include reporting the incident to law enforcement or regulatory bodies.

• Public Disclosure: For incidents that impact public trust or involve severe ethical breaches, we reserve the right to publicly disclose the violation and the actions taken in response to maintain transparency and accountability.

Commitment to Responsible AI

In addition to the consequences outlined above, we are deeply committed to repairing any harm caused by the misuse of AI. This commitment is a testament to our dedication to our users and our responsibility as a company. We will correct biased outcomes and implement additional safeguards to prevent future violations.

At dMarketplace Inc., we are committed to the ongoing refinement and enhancement of our Policy. As technology evolves and regulatory environments shift, we recognize the importance of keeping our policies up to date to ensure that they remain relevant, effective, and aligned with best practices in AI ethics. We will regularly review and update our Policy to reflect technological advancements and legal changes in local, national, and international regulations related to AI. Our Policy will be updated as needed to comply with new laws and guidelines, ensuring that our practices remain legally sound and socially responsible.

CONTRIBUTIONS

In this Policy, the term "Contributions" means:

• any data, information, software, text, code, music, scripts, sound, graphics, photos, videos, tags, messages, interactive features, or other materials that you post, share, upload, submit, or otherwise provide in any manner on or through to the Services; or

• any other content, materials, or data you provide to dMarketplace Inc. or use with the Services.

Some areas of the Services may allow users to upload, transmit, or post Contributions. We may but are under no obligation to review or moderate the Contributions made on the Services, and we expressly exclude our liability for any loss or damage resulting from any of our users' breach of this Policy. Please report any Contribution that you believe breaches this Policy; however, we will determine, in our sole discretion, whether a Contribution is indeed in breach of this Policy.

You warrant that:

• you are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and this Policy;

• all your Contributions comply with applicable laws and are original and true (if they represent your opinion or facts);

• the creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party; and

• you have the verifiable consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and this Policy.

You also agree that you will not post, transmit, or upload any (or any part of a) Contribution that:

• is in breach of applicable laws, regulation, court order, contractual obligation, this Policy, our Legal Terms, a legal duty, or that promotes or facilitates fraud or illegal activities;

• is defamatory, obscene, offensive, hateful, insulting, intimidating, bullying, abusive, or threatening, to any person or group;

• is false, inaccurate, or misleading;

• includes child sexual abuse material, or violates any applicable law concerning child pornography or otherwise intended to protect minors;

• contains any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner;

• promotes violence, advocates the violent overthrow of any government, or incites, encourages, or threatens physical harm against another;

• is obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, contains sexually explicit material, or is otherwise objectionable (as determined by us);

• is discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age;

• bullies, intimidates, humiliates, or insults any person;

• promotes, facilitates, or assists anyone in promoting and facilitating acts of terrorism;

• infringes, or assists anyone in infringing, a third party's intellectual property rights or publicity or privacy rights;

• is deceitful, misrepresents your identity or affiliation with any person and/or misleads anyone as to your relationship with us or implies that the Contribution was made by someone else than you;

• contains unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation that has been "paid for," whether with monetary compensation or in kind; or

• misrepresents your identity or who the Contribution is from.

You may not use our Services to offer, present, promote, sell, give away or otherwise make available to others any good or service involving:

• items that promote, encourage, facilitate, or instruct others how to engage in illegal activity,

• cigarettes,

• controlled substances and/or other products that present a risk to consumer safety, narcotics, steroids, drug paraphernalia,

• specific knives or other weapons regulated under applicable law,

• firearms, ammunition, or certain firearm parts or accessories,

• certain sexually oriented materials or services,

• certain items before the seller has control or possession of the item,

• Alcoholic Beverages,

• Counterfeit or Replica Goods,

• Illegal Digital Content,

• Explosives and Hazardous Materials,

• Prescription Medications,

• Human Body Parts or Fluids,

• Endangered or Protected Wildlife and Products,

• Lottery or Gambling Materials,

• Stolen Property,

• Hate Speech Materials or Items Promoting Violence,

• Surveillance Equipment and Spyware,

• Debt and Financial Instruments,

• stolen goods,

• products or services identified by government agencies to be highly likely to be fraudulent, and

• any transaction or activity that requires pre-approval without having obtained said approval.

  
  

REVIEW AND RATINGS

When your Contribution is a review or rating, you also agree that:

• you have firsthand experience with the goods and services being reviewed;

• your Contribution is true to your experience;

• you are not affiliated with competitors if posting negative reviews (or linked in any way to, e.g., by being the owner or seller/manufacturer of, a product or service if posting positive reviews);

• you cannot make or offer any conclusions as to the legality of conduct;

• you cannot post any false or misleading statements; and

• you do not and will not organize a campaign encouraging others to post reviews, whether positive or negative.

REPORTING A BREACH OF THIS POLICY

We may but are under no obligation to review or moderate the Contributions made on the Services and we expressly exclude our liability for any loss or damage resulting from any of our users' breach of this Policy.

If you consider that any Service, Content, or Contribution:

• breach this Policy, please or refer to the contact details at the bottom of this document to let us know which Service, Content, or Contribution is in breach of this Policy and why

• infringe any third-party intellectual property rights, please email us at support@dmarketplace.ai

• users can also send detailed feedback on their interactions with our AI Products by emailing support@dmarketplace.ai, or referring to the contact details at the bottom of this document. You should include specific details about the AI interaction, such as the context, the nature of the concern, and any relevant screenshots or documentation

We will reasonably determine whether a Service, Content, or Contribution breaches this Policy.

CONSEQUENCES OF BREACHING THIS POLICY

The consequences for violating our Policy will vary depending on the severity of the breach and the user's history on the Services, by way of example:

We may, in some cases, give you a warning and/or remove the infringing Contribution, however, if your breach is serious or if you continue to breach our Legal Terms and this Policy, we have the right to suspend or terminate your access to and use of our Services and, if applicable, disable your account. We may also notify law enforcement or issue legal proceedings against you when we believe that there is a genuine risk to an individual or a threat to public safety.

We exclude our liability for all action we may take in response to any of your breaches of this Policy.

COMPLAINTS AND REMOVAL OF LEGITIMATE CONTENT

If you consider that some Content or Contribution have been mistakenly removed or blocked from the Services, please refer to the contact details at the bottom of this document and we will promptly review our decision to remove such Content or Contribution. The Content or Contribution may stay "down" whilst we conduct the review process.

User Generated Content Monitoring and Moderation Process Initial Screening and KYB Verification: All businesses and merchants intending to contribute user-generated content to the dMarketplace platform are required to undergo a rigorous Know Your Business (KYB) process. This process involves verifying the business's legitimacy, assessing its historical conduct, and ensuring compliance with relevant standards and platform policies. Only verified businesses are allowed to contribute content, ensuring a baseline level of trust and compliance. Automated Content Analysis: dMarketplace employs AI-driven algorithms to continuously monitor all user-generated content, including product listings, descriptions, media, and other user-contributed material. The AI identifies potential issues, such as prohibited items, offensive material, false claims, or content that fails to meet platform standards. Suspicious content is flagged for further review. Manual Review and Escalation: Content flagged by the AI undergoes a manual review by a moderation team. The team assesses the content's adherence to dMarketplace policies, verifies authenticity, and determines whether it is misleading, inappropriate, or otherwise unacceptable. If a violation is found, appropriate action is taken. Actions for Non-Compliant Content: a. Warning or Content Adjustment Request: Minor or first-time infractions may result in a warning to the business and a request to adjust or correct the content. b. Content Blocking or Removal: Content found to be significantly non-compliant or harmful may be immediately blocked or removed from the platform. The merchant is notified of the reasons for the content's removal. c. Strikes and Penalties: In cases of repeated non-compliance, a "strike" system is implemented. After accumulating a set number of strikes, further penalties, such as account suspension or permanent banning, may be imposed, as outlined in the platform's community and merchant guidelines. Appeal Process: Merchants and users have the option to appeal any decision related to the removal or blocking of their content. The appeal is reviewed by a dedicated team and, when necessary, escalated to arbitration for a final decision. Ongoing Monitoring and Adjustment: dMarketplace continuously evaluates and refines its user-generated content monitoring process based on emerging threats, new content patterns, and user feedback. This ensures the platform remains secure, compliant, and aligned with community values.

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:

Email: support@dmarketplace.ai