Summary:

This section sets out the rules governing the publication of Content by Users, the moderation of Content published on the Service, and the measures taken by us in the event that Content is found to violate applicable law or the Service's terms of use. We aim to ensure transparency in the moderation of Content published on the Service and to fulfil our obligations under the Digital Services Act. If you believe that any Content may constitute an Abuse, you may report this to us by emailing [email protected].

9.1. User-generated content — general provisions on prevention of abuse Content generated by Users may appear on the Service or in locations associated with the Service, and may influence how Products are perceived and affect the purchasing decisions of other Users. In fulfilling our obligations under Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market for Digital Services (the Digital Services Act), and in particular with respect to the transparency of content moderation terms as set out in Article 14 thereof and subsequent provisions, we take measures to ensure the integrity of Content published on the Service and to prevent the publication of Content that may mislead Users. Among other things, we monitor Content published on the Service and analyse signals indicative of potential abuse. We may also employ organisational and technical measures to identify irregular User behaviour, including analysis of content publication patterns, detection of repetitive or automated activity, and verification of relationships between User accounts. Where necessary, we make decisions to limit the visibility of or remove specific Content ("Content Moderation").

9.2. Content Moderation Rules

Content published on the Service or in locations associated with the Service by Users may be subject to moderation by Tylko. The following Content Moderation rules apply regardless of whether the Content was published directly on the Service, in a review system, or on our social media platforms associated with the Service's operations. Content Moderation may be carried out both before and following publication of Content on the Service, and may be conducted using automated content analysis tools or through assessment by persons authorised by us. Where automated tools are used, the final moderation decision may be taken following review by a member of our staff. Reports concerning Content should be submitted and will be processed in accordance with the provisions of Section 9.4. As a result of Content Moderation, we may take a range of actions. Depending on the circumstances, we may in particular:

(a) leave the Content on the Service without modification;
	
(b) limit the visibility of the Content;
	
(c) flag the Content as potentially in breach of the Service's rules;
	
(d) remove the Content from the Service; or
	
(e) in the case of repeated violations — permanently block or temporarily suspend the User's ability to publish Content for a specified period (a "Moderation Decision").

We will notify the Reporting Party and, where possible, the User to whom the Moderation Decision relates. The Moderation Decision will include a statement of reasons in accordance with Article 17 of the Digital Services Act. Where a Moderation Decision involves the removal of Content or the restriction of its visibility, the User will be informed of the specific provisions of the Terms or of the applicable laws that have been breached. Moderation Decisions taken in the course of Content Moderation may be recorded in our internal systems in order to ensure transparency of the process and to enable the preparation of the transparency reports required under the Digital Services Act.

9.3. Prohibited Conduct and Content (Abuse)

Content published by Users should relate to genuine experiences arising from Users' use of our Products or Services. The following conduct and Content are considered prohibited:

• publishing reviews intended to artificially inflate or deflate the ratings of Products available on the Service;
• publishing false reviews or reviews by Users who have no genuine experience of using the relevant Product or Tylko's services;
• publishing content of a spam, advertising, or promotional nature, or content unrelated to the operation of the Service;
• publishing multiple reviews of the same product in a manner suggesting artificial inflation of the number of reviews or manipulation of ratings;
• publishing reviews in a manner likely to mislead consumers as to the actual characteristics of products or their ratings;
• publishing Illegal Content — content that infringes personal data rights or violates European Union law or the national laws of EU Member States;
• using the Service's functionalities in a manner contrary to the Service's terms of use or intended to disrupt the proper functioning of the Service. (collectively referred to as "Abuse").

9.4. Reporting of Abuse

Any natural person or entity who believes that any Content published on the Service constitutes Abuse or is Illegal may report this by sending an email to [email protected] (the "Reporting Party", a "Report"). Reports will be processed in accordance with Article 16 of the Digital Services Act and the following rules. A Report should contain: identification of the Content in question and its location on the Service where the Abuse or Illegal Content was published (e.g. the URL); a statement of the reasons why the person or entity believes the Content constitutes Abuse or is Illegal; the name and email address of the person or entity submitting the Report, except where the Report concerns content considered to be related to one of the offences referred to in Articles 3 to 7 of Directive 2011/93/EU (sexual offences); and a declaration confirming the good-faith belief of the person or entity submitting the Report that the information and allegations contained therein are accurate and complete. Upon receipt of a Report, we will review it to determine whether the relevant Content is present on the Service or at the indicated location associated with the Service, and whether its nature may be indicative of Abuse. Where necessary, we may contact the Reporting Party to obtain additional information required to conduct a thorough assessment of the Report, or take appropriate measures to determine the course of action to be followed. Should we determine that Abuse has occurred, we may decide to limit its effects in accordance with Section 9.5 (Moderation Decision). Information relating to actions taken in connection with the prevention of Abuse may be recorded in our internal systems in order to ensure transparency of the Content Moderation process and to enable us to fulfil our legal obligations.

9.5. Procedure for lodging and processing complaints against Moderation Decisions

If you disagree with a Moderation Decision, you may lodge a complaint by emailing [email protected], specifying the Content and User to which the Decision relates and setting out the grounds on which you consider the matter should be reconsidered. Upon receipt of your complaint, we will review it and reassess both the Content and the Moderation Decision to which it relates, in light of its compliance with applicable law and these Terms of Use. Where necessary, we may take additional steps to gather information required for the processing of the complaint. Upon completion of the review, we will issue a decision on how the complaint is to be resolved. As a result of the review, the Moderation Decision may be upheld or varied, and you will be notified of the outcome without undue delay. Separately, you may seek resolution through out-of-court dispute settlement mechanisms. Information relating to complaints and the decisions taken in response to them may be recorded in our internal systems to ensure transparency of the Content Moderation process and to enable us to fulfil our legal obligations.

9.6. Rules governing the publication of Content by Users

By publishing your review, opinion, or any other Content on the Service or in any other location associated with the Service, including Tylko's social media platforms, you: accept these Terms; represent and warrant that: you hold all rights (including copyright) in all Content published by you — such as any photograph you have uploaded — or that you hold a valid authorisation from the rights holder to publish such Content, and that the Content does not infringe the rights of any third party (including rights of image, trade marks, or personal rights); declare that you are of legal age under the local laws applicable to you; grant Tylko a non-exclusive, royalty-free, worldwide licence to use such Content across all fields of exploitation set out in Article 50 of the Copyright Act, including the recording, reproduction, modification, introduction into computer memory, distribution, and online publication of such Content — for the duration of its public availability on the relevant platform, or until an effective request for its removal has been submitted. Based on this licence, we may use your User-Generated Content for promotional and advertising purposes: (a) on our website at www.tylko.com;

(b) on our official social media profiles, including but not limited to Instagram, Facebook, and LinkedIn;
	
(c) in editorial and advertising content, and in Tylko's advertising campaigns conducted with external media partners.

We may engage our subcontractors (including advertising agencies and e-commerce platforms) to process such Content, solely to the extent necessary for the above purposes and subject to the same restrictions. In respect of Content published on Tylko's social media platforms, you additionally grant us permission to use your username, real name, image, likeness, signature, or other identifying information associated with your account on the relevant platform across the fields of exploitation listed above.

You may delete your Content at any time through the user panel or by contacting us at [email protected]. Deletion of Content constitutes termination of the above licence with immediate effect. If you do not agree to these Terms, please do not publish any Content.