AfricanComplex — Acceptable Use Policy
DRAFT — FOR ATTORNEY REVIEW ONLY Not legal advice. Must be reviewed by qualified legal counsel before publication.
Last Updated: [DATE] Effective Date: [DATE]
1. Introduction
This Acceptable Use Policy ("AUP") governs the use of the AfricanComplex marketplace platform and OrbitApex delivery service (collectively, the "Platform") operated by AfricanComplex Holdings LLC, doing business as AfricanComplex and OrbitApex.
This AUP applies to all users: Customers, Merchants, Drivers, and Administrators. It supplements our Terms of Service and does not replace or limit any obligations under the Terms of Service, Merchant Agreement, or Driver Independent Contractor Agreement.
2. Prohibited Products
Merchants may not list or sell the following on the Platform:
2.1 Universally Prohibited
- Illegal drugs or controlled substances
- Prescription medications
- Weapons, firearms, ammunition, or explosives
- Tobacco products and e-cigarettes
- Alcohol (unless Merchant holds applicable liquor license and Platform enables alcohol delivery compliance) [ATTORNEY: Review state-specific alcohol delivery laws]
- Stolen property
- Hazardous materials, chemicals, or flammable substances
- Live animals
- Human remains or body parts
- Child exploitation material of any kind
2.2 Restricted (Requires Verification)
- CBD or hemp products (must comply with federal and state law, requires documentation)
- Dietary supplements (must comply with FDA labeling requirements)
- Products requiring age verification (Merchant must certify compliance)
- Products with export restrictions
2.3 Intellectual Property
- Counterfeit or knockoff goods
- Products that infringe on trademarks, copyrights, or patents
- Unauthorized replicas or reproductions
- Products using another brand's name, logo, or likeness without authorization
2.4 Misleading Products
- Products with false or deceptive descriptions
- Products with misleading health or medical claims
- Products misrepresenting their origin, ingredients, or certifications
- Products with manipulated or stolen images
3. Prohibited Conduct — All Users
All users agree not to:
3.1 Fraud and Deception
- Create fake accounts or use false identity information
- File fraudulent refund requests or disputes
- Manipulate order prices, fees, or promotions
- Use stolen payment methods
- Engage in money laundering or financial fraud
- Exploit referral or promotional programs through fake accounts
3.2 Abuse and Harassment
- Harass, threaten, or intimidate other users
- Use discriminatory language or behavior based on race, ethnicity, gender, religion, sexual orientation, disability, or any protected class
- Stalk or repeatedly contact users outside the Platform
- Engage in sexual harassment of any kind
3.3 Platform Manipulation
- Scrape, crawl, or data-mine the Platform without authorization
- Use bots, scripts, or automated tools to interact with the Platform
- Attempt to reverse-engineer, decompile, or disassemble the Platform
- Circumvent security measures, rate limits, or access controls
- Interfere with Platform operations, servers, or networks
- Exploit bugs or vulnerabilities (report them instead)
3.4 Review Manipulation
- Post fake reviews (positive or negative)
- Pay for or incentivize reviews
- Review your own store or a competitor's store using fake accounts
- Threaten Merchants or Drivers to manipulate ratings
- Post reviews containing personal attacks unrelated to the transaction
4. Prohibited Conduct — Merchants
In addition to Section 3, Merchants agree not to:
- Sell expired products knowingly
- Ignore expiration alerts and continue selling products with expired batches
- Misrepresent product ingredients, origin, or certifications
- Fail to maintain required food safety certifications
- Accept orders they cannot fulfill
- Inflate prices significantly above market rates to exploit limited availability
- Contact Customers outside the Platform for marketing purposes
- Share Customer data with third parties
- Operate multiple stores to circumvent plan limits
- Use the Platform to divert Customers to off-platform transactions
5. Prohibited Conduct — Drivers
In addition to Section 3, Drivers agree not to:
- Drive under the influence of alcohol or drugs
- Use expired documents (license, insurance, registration)
- Allow unauthorized persons to use their Driver account
- Allow unauthorized persons to perform deliveries on their behalf
- Open sealed food containers or tamper with orders
- Consume any portion of a Customer's order
- Carry unauthorized passengers during active deliveries
- Operate an unsafe or unregistered vehicle
- Falsify delivery proof photos
- Repeatedly accept and then cancel deliveries to manipulate the queue
- Share Customer personal information or delivery addresses
6. Prohibited Conduct — Customers
In addition to Section 3, Customers agree not to:
- File false refund claims or provide fabricated evidence
- Repeatedly cancel orders to abuse free cancellation
- Abuse the store credit system
- Provide false delivery addresses
- Refuse legitimate deliveries to trigger refunds
- Harass Drivers or Merchants over the phone or in person
7. Reporting Violations
7.1 How to Report
Users can report AUP violations through:
- In-app support ticket (category: OTHER or appropriate category)
- Email: [email protected]
7.2 What to Include
- Description of the violation
- User or store involved (if known)
- Screenshots or evidence (if available)
- Order number (if applicable)
7.3 Investigation
AfricanComplex will investigate reported violations and take appropriate action. We are not obligated to disclose the outcome of investigations to the reporter, except as required by law.
8. Enforcement
8.1 Actions We May Take
Depending on the severity and frequency of violations, we may:
| Severity | Action |
|---|---|
| Minor / first offense | Warning via email or in-app notification |
| Repeated minor violations | Temporary suspension (7-30 days) |
| Serious violation | Immediate suspension pending investigation |
| Severe or criminal violation | Permanent account deactivation |
| Fraud | Account deactivation + reporting to law enforcement |
8.2 Specific Thresholds
These thresholds are enforced automatically by the Platform:
| Behavior | Threshold | Action |
|---|---|---|
| Customer: excessive refund requests | >3/month | Flagged for manual review |
| Customer: excessive cancellations | >3/month | Lose free-cancel privilege |
| Merchant: cancellation rate | >15% | Account suspension |
| Merchant: refund rate | >8% | Quality review |
| Driver: expired documents | 0 days remaining | Automatic suspension |
8.3 Appeals
Users may appeal enforcement actions by contacting support within 14 days of the action. Appeals will be reviewed by a member of the Platform team not involved in the original decision. The appeal decision is final.
8.4 Effect on Payouts
- Merchants: Outstanding payouts will be processed within 30 days of deactivation, less any amounts owed for chargebacks or reversed transfers
- Drivers: Outstanding earned payouts will be processed within 30 days of deactivation
9. Intellectual Property Claims
9.1 DMCA / Takedown Requests
If you believe your intellectual property rights have been infringed by a product listing on the Platform, submit a takedown request to:
Email: [email protected]
Include:
- Description of the copyrighted work or trademark
- URL or description of the infringing listing
- Your contact information
- A statement of good faith belief
- A statement under penalty of perjury that the information is accurate
- Your physical or electronic signature
9.2 Counter-Notification
Merchants who receive a takedown notice may submit a counter-notification if they believe the removal was in error.
[ATTORNEY TO COMPLETE: Full DMCA safe harbor and counter-notification procedures]
10. Modifications
We may update this AUP at any time. Material changes will be communicated via email or in-app notification. Continued use of the Platform after changes take effect constitutes acceptance.
11. Contact
For questions about this Acceptable Use Policy:
AfricanComplex Holdings LLC Email: [email protected]
