Terms of Service (EULA)

1. Acceptance of terms

By using MorphMarket Talk ("the Service"), you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree, please do not use the Service.

2. Nature of the service

The Service is a cross-border peer-to-peer marketplace for reptiles, providing communication, order management, shipping coordination, and FX conversion between buyers and sellers. The Service itself does not own any goods and does not sell animals directly; it only facilitates trades between private parties.

3. User-generated content (UGC) rules

The following are strictly prohibited on the Service:

• Child Sexual Abuse Material (CSAM) — any form (including real, AI-generated, cartoon-style) depicting sexual exploitation or nudity of minors. Zero tolerance.
• Illegal species (CITES Appendix I protected species, species prohibited by local regulations)
• Wild-caught individuals (captive-bred only)
• Harassment, hate speech, violence
• Fraud, counterfeit goods, misleading information
• Sexual, disturbing, or animal-abusive content
• Content infringing others' intellectual property
• Spam, bot-generated posts

The Service operates a zero-tolerance policy: violating content is removed and the account is locked upon confirmation. Serious cases may be referred to judicial authorities.

3-1. Automated content scanning and reporting obligations

By uploading any image or video to the Service, you grant the Service a non-exclusive, royalty-free license to scan and analyze such content using automated tools, including but not limited to PhotoDNA (CSAM hash matching), AWS Rekognition (adult content detection), Cloudflare Workers AI, and human review, to detect unlawful content.

Upon detection of suspected CSAM, the Service is legally required to:

• Immediately move the content to quarantine storage and retain for 90 days for law enforcement review (even if you request deletion)
• Report to the U.S. National Center for Missing & Exploited Children (NCMEC) CyberTipline within 24 hours
• Simultaneously report to Taiwan's iWIN Online Content Protection Foundation (per the Protection of Children and Youths Welfare and Rights Act §46)
• Immediately and without prior notice suspend your account (including upload and login functions)
• Delist all your products and breeder profiles
• Provide technical data (IP, device fingerprint, etc.) to law enforcement

The above automated scanning and reporting are statutory obligations under U.S. 18 U.S.C. § 2258A, Taiwan's Child and Youth Welfare Act, and the EU Digital Services Act. GDPR Article 17 right-to-erasure is expressly excepted under Article 17(3)(b) in these scenarios.

3-1-A. Dictionary contributions (gene / locality / line entries & reference media)

The Service operates a community dictionary covering reptile genes, localities, and bloodlines. Members may submit entries and reference media (photos / videos with captions) to enrich entries. The following rules govern dictionary contributions and apply in addition to the general UGC rules in §3:

• 3-1-A.1 Ownership warranty — You warrant that all uploaded photos / videos are either your own original work, or you have obtained explicit written authorization from the copyright owner. Uploading content scraped from third-party websites, social media, other marketplaces, or AI-generated impersonations is strictly prohibited and constitutes grounds for immediate account termination, in addition to potential civil and criminal copyright liability.
• 3-1-A.2 Perpetual license to dictionary — You grant the Service a worldwide, royalty-free, perpetual, irrevocable, sublicensable license to use, reproduce, modify, distribute, and create derivative works from your dictionary contributions, for the purpose of operating the Dictionary System and related promotion (including but not limited to display in 9 languages, AI / search engine indexing, OG card generation, email digests). This license survives account deletion — once an entry has been approved and becomes a community asset, your contributions remain part of the dictionary unless removed for other policy reasons. The license does not extend to redistribution to third-party LLM training datasets.
• 3-1-A.3 DMCA notice & counter-notice — The Service complies with the U.S. Digital Millennium Copyright Act (17 U.S.C. §512). Copyright owners who believe content on this Service infringes their copyright may submit a takedown notice to [email protected] (or via the form at /dmca-report). Notices must include the six required elements under §512(c)(3): identification of the copyrighted work, identification of the infringing material, contact information, a good-faith belief statement, an accuracy declaration under penalty of perjury, and a physical or electronic signature. The Service will acknowledge within 48 hours and act expeditiously upon valid notices. If you believe content was removed in error, you may submit a counter-notice within 30 days; restored within 10–14 business days unless the original claimant files suit. [email protected] / /dmca-report
• 3-1-A.4 Repeat infringer policy (DMCA §512(i)) — In compliance with §512(i), accounts that receive three substantiated copyright complaints within any 12-month period will be permanently terminated, with corresponding device-level and IP-level bans where technically feasible. Strikes expire 12 months after each substantiated finding. Apple App Store Review Guideline 1.2 and 5.2 alignment.
• 3-1-A.5 Prohibited dictionary content — The following are prohibited in dictionary contributions in addition to general UGC bans (§3):
  • CITES Appendix I species traded as commercial listings (educational reference imagery may be permitted at the Service's sole discretion, with no listing price)
  • Images depicting bloody injuries, hatching failures, surgical procedures, or animal cruelty
  • Images including identifiable minors or third-party humans without consent
  • Images displaying smuggling, illegal capture, habitat destruction, or other illegal activities
  • AI-generated or heavily-edited "fake morph" images intended to misrepresent breeding outcomes
  • Images watermarked or otherwise traceable to a third-party seller / breeder you do not own or represent (this constitutes both copyright infringement and commercial fraud)
• 3-1-A.6 Quarantine before deletion — When an entry is rejected or media is removed by an administrator, content is moved to quarantine status for 90 days before permanent deletion. During quarantine, the content is hidden from the public but retained for DMCA evidentiary, dispute, and appeal purposes. Sellers may appeal removal via [email protected]. [email protected]
• 3-1-A.7 License declaration record — The first time you upload a dictionary photo or video, you must check a license declaration acknowledging §3-1-A.1 above. The Service records the timestamp and IP of this declaration as evidence of good-faith representation, used solely for dispute resolution and copyright enforcement.
• 3-1-A.8 Contribution rewards — At the Service's sole discretion, contributors whose dictionary entries are approved by an administrator may receive non-monetary rewards (such as additional invite slots). The following terms apply:
  • Rewards are not cash, not transferable, not refundable, and have no monetary value outside the Service. They are platform-internal access tokens or store credits.
  • Rewards are granted in two stages: (i) Pending — recorded immediately upon admin approval but not yet usable; (ii) Credited — automatically activated 90 days after grant, provided the entry remains in good standing.
  • The Service reserves the unilateral right to reverse a reward at any time during the 90-day pending period — and within a reasonable window thereafter — if the related entry is found to violate §3-1-A (copyright, prohibited content, fraud, etc.) or §3 generally. Reversal is not subject to user consent.
  • If reward credits have already been spent or invite slots have already been used at the time of reversal, the Service may either deduct from future rewards owed or accept the loss; users do not become indebted to the platform for already-spent reversed rewards.
  • Granting a reward does not constitute platform endorsement of the entry's factual accuracy. Admins evaluate quality independently of the reward decision.
  • Limits apply: a single user may not accumulate more than 5 invite slots from dictionary contributions in any rolling 30-day window. Self-rewards (admin rewarding their own submission) are blocked at the database level.
  • Apple App Store classification: dictionary contribution rewards are not in-app purchases, not real-money transactions, and not subject to IAP processing.

3-1-B. Camera photos & AI / ML model training

The Service operates on-device AI / Machine Learning models — including a gecko species classifier (CoreML), image-quality grading, and HSB coloration analysis — to power the Pro Camera and improve listing automation. The following rules govern how listing photos and videos may be used to train and refine these models, and apply in addition to the general UGC license in §3 and dictionary contribution rules in §3-1-A:

See the full English clauses (§3-1-B.1 through §3-1-B.7) for the limited training license, on-device inference, anonymisation, opt-out right, effective date, Apple compliance, and species-recognition disclaimer.

3-2. Account suspension appeal

If your account is suspended due to a false positive, you may appeal within 48 hours by emailing [email protected]. The Service commits to human review by an administrator within 72 hours and will reply with the outcome.

Review process: the administrator examines evidence after Face ID dual-factor authentication. If confirmed as false positive, your account, products, and data will be immediately restored. If confirmed as a violation, you may pursue judicial remedies. NCMEC reports once submitted cannot be withdrawn, but if confirmed as false positive, the Service will assist you in submitting a retraction to NCMEC.

4. Reporting and blocking

Users may report any violating content or misconduct, and may block other users they do not wish to interact with. We commit to initial review of reports within 24 hours.

5. Live animal transactions — special terms

• All listings must be captive-bred, with breeding proof available on request
• Cross-border shipping must comply with animal import/export regulations in both origin and destination countries (e.g. CITES, Taiwan Wildlife Conservation Act)
• Sellers must take reasonable steps to ensure animal health and survival during shipping
• Buyers are obligated to provide a safe and appropriate husbandry environment
• The Service bears no direct liability for animal mortality, illness, or loss

6. Payments and liability

The Service does not directly process payments. Buyers and sellers settle payments through external financial institutions or electronic payment platforms. The Service does not collect the transaction amount itself; it only charges a reasonable platform fee for facilitation services, which is itemized at order settlement.

7. Account management

• You may request account deletion in Settings at any time (7-day grace period, cancellable)
• We reserve the right to suspend or terminate accounts that violate these Terms
• Password security is your responsibility; please safeguard your credentials

8. Privacy

Details of how your personal data is handled are provided in our Privacy Policy.

9. Limitation of liability

To the maximum extent permitted by law, the Service is provided "as is". The Service is not liable for indirect damages, loss of profits, or data loss.

10. Ratings & Reviews

After an order is marked complete, buyers may leave a 1–5 star rating and optional text review of the seller. The following rules apply:

• 10.1 Eligibility — Only the buyer of a completed (delivered + confirmed) order may review the seller. Self-review is prohibited. Each order may be reviewed once.
• 10.2 Review content policy — Reviews must be truthful and relate to the actual transaction. Prohibited: personal attacks, hate speech, defamation, sexual content, off-platform solicitation, phone numbers, external messenger handles (LINE / WeChat / Telegram / etc.), or URLs. The Service automatically redacts detected personal-contact data from review text.
• 10.3 Editing window — Reviewers may edit or delete their review within 24 hours of submission. After 24 hours, the review is locked; disputes about factual errors must be raised via [email protected].
• 10.4 Moderation rights — The Service may hide, remove, or require revision of reviews that violate §10.2 or contain unverifiable serious accusations. Affected parties are notified with reason (DSA Art. 17 Statement of Reasons). Appeals open for 6 months (DSA Art. 20).
• 10.5 Visibility threshold — Individual review text is displayed publicly only after a seller accumulates ≥5 verified reviews. Below this threshold, only an aggregate score is shown to protect reviewer anonymity.
• 10.6 No incentivized reviews — Offering money, discounts, rewards, or any benefit in exchange for favourable reviews is prohibited for both buyers and sellers. Coerced reviews will be removed and may result in account suspension (Apple App Store Guideline 3.2.2 / EU Omnibus Directive 2022 compliance).
• 10.7 Animal welfare incident reports — If a review indicates animal death-on-arrival or serious health issues, the Service will automatically flag the order for dispute review. The seller must respond within 48 hours; failure to respond will result in temporary suspension of new listings until the case is resolved. This protects our safe-harbor position under DSA Art. 6, TW Animal Protection Act, and EU CITES obligations.
• 10.8 License grant — You grant the Service a non-exclusive, worldwide, royalty-free license to display, translate (for multi-language buyers), and summarize your reviews on Service-operated surfaces (including the product teaser pages and seller profiles). This license does not extend to redistribution to third-party LLM training datasets.
• 10.9 Retention after account deletion — When a reviewer deletes their account, the review content is anonymized (reviewer name replaced with "deleted user") but retained, to maintain fairness of counterparty ratings. This is permitted under GDPR Art. 17(3)(e) ("establishment of legal claims").

11. International shipping & live-animal welfare

The Service operates a consolidator-based international shipping flow (US sellers → US consolidator hub → air freight → Taiwan buyers). The following rules apply to all parties:

• 11.1 No live-arrival warranty — Live-animal transport carries unavoidable risk (temperature, vibration, customs delay). The Service does not warrant or insure live arrival of any animal. Buyers assume the risk of transit mortality. Sellers are responsible for proper packaging per the platform's published packing guidelines (see /shipping seller portal).
• 11.2 Seller obligations — Sellers must (a) follow consolidator-specific packing instructions, (b) use FedEx Priority Overnight (or equivalent) on Tuesday–Thursday only, (c) include heat or cool packs matched to destination weather, (d) submit a tracking number and packing photo/video proof when shipping, and (e) acknowledge these instructions on each shipment.
• 11.3 Consolidator role — The consolidator is an independent logistics partner, not an agent of the Service. The consolidator may inspect, repackage, or refuse animals that do not meet shipping standards or local export law (including CITES Appendix I/II species permits where required). The Service is not liable for consolidator decisions.
• 11.4 CITES & export compliance — Species listed under CITES require valid export documentation arranged by the seller (or seller's consolidator) at the seller's cost. Shipments without required permits will be refused at the hub or at customs and the seller bears all costs.
• 11.5 Force majeure — The Service is not liable for delay or loss caused by carriers, weather, customs, government action, pandemic, war, or any event beyond reasonable control.
• 11.6 Loss / death / damage — If an animal is lost in transit, dies on arrival, or arrives damaged, the seller and buyer may negotiate a refund or replacement directly. The Service may, at its sole discretion, mediate, but is not the guarantor. Photo/video evidence captured at packing and at hub check-in serves as the factual record.
• 11.7 Address & phone disclosure — Sellers receive consolidator contact information (name, FedEx address, phone) solely for fulfillment. Re-disclosure to third parties or use for any purpose other than completing the shipment is prohibited and may result in account suspension.

11-A. Cross-border logistics fee & local delivery (v2_two_stage)

For cross-border orders (e.g. US-to-TW), payment is structured in two stages:

• 11-A.1 Stage 1 — Product payment — Buyer pays product price directly to seller (existing flow).
• 11-A.2 Stage 2 — Cross-border logistics fee — After seller confirms receipt, buyer pays a separate logistics fee to the platform, which covers: (a) Taiwan import/clearance handling, (b) air freight share, and (c) platform service handling. This fee is typically computed as a percentage of the product price; the platform may at its sole discretion offer time-limited promotions waiving certain components (e.g. air freight). Until the platform confirms receipt of Stage 2 payment, seller is not authorized to ship.
• 11-A.3 Buyer as recorded importer — For customs/tax purposes, the buyer is the recorded importer of the animal. The platform acts solely as a third-party logistics intermediary collecting and remitting fees to carriers, customs brokers, and other service providers. Stage 2 fees are not platform service fees in the IAP sense, in-app purchases, or sales tax.
• 11-A.4 Local delivery — choice of method — Once the batch arrives in Taiwan, buyer must select within 48 hours one of: Air Force One station pickup (Styrofoam packing, inventory handling, venue handling fee quoted by admin per shipment) or In-person pickup (buyer collects directly from consolidator hub at a scheduled time, free of charge).
• 11-A.5 Default fallback — If buyer does not make a selection within 48 hours, the order automatically defaults to Air Force One station pickup (live animals cannot wait). Buyers who pre-select In-person pickup but fail to attend at the scheduled time will likewise have their delivery automatically transferred to Air Force One station pickup, with the corresponding fee charged to the buyer. Buyers must explicitly acknowledge this fallback rule when selecting In-person pickup.
• 11-A.6 Refunds & cancellations — Stage 1 payment is between buyer and seller; refunds (if any) follow seller policy. Stage 2 logistics fees, once paid, are non-refundable if the shipment has departed origin (the platform has remitted to carriers). Local delivery fees, once shipment has arrived in Taiwan, are likewise non-refundable. Customs holds, government action, weather delays, or carrier exceptions do not entitle buyer to refund of Stage 2 fees.

User-generated Content & Live Broadcasting Rules

This platform contains user-generated content (listings, avatars, live chat, livestreams, comments, etc.). We have zero tolerance for:

• Sexual exploitation, content harmful to minors (CSAM) — immediate removal and law enforcement reporting
• Pornography, nudity, or sexually suggestive content
• Harassment, bullying, hate speech, personal attacks, or discrimination
• Fraud, fake listings, or unauthorized use of others' images/branding
• Illegal species, CITES violations, animal abuse, or improper husbandry
• Intellectual property infringement (DMCA via §3-1-A)

Reporting: Tap the "Report" button next to any message, livestream, user, or listing. Choose from 8 categories (CSAM, NSFW, fraud, harassment, illegal species, animal abuse, IP infringement, other). CSAM-tier reports get 1-hour priority response; all other reports are reviewed and acted upon within 24 hours. We comply with Apple App Store Guideline 1.2.

Blocking: Tap any user's avatar to block them. Blocked users cannot see your content, contact you, or interact with your livestreams (no chat, no hearts).

Enforcement: Violating content is removed immediately; violators face warnings, temporary mutes, account suspension, or permanent bans depending on severity; severe cases are reported to law enforcement. Repeat offenders face permanent bans plus device-level blocks.

12. Changes to the terms

We may update these Terms from time to time. For material changes, we will notify users via in-app notification or email. Continued use of the Service after changes constitutes acceptance of the updated Terms.

13. Contact

Questions? Email [email protected]