Acceptable Use Policy (AUP)

1. Purpose

Fenicia is a multi-tenant platform. Abusive behavior by one Customer can affect other Customers and the integrity of the Service. This AUP defines the minimum rules all users must follow. Non-compliance may result in the consequences described in § 7.

2. Prohibited Content and Products

It is strictly forbidden to use the Service to list, market, distribute, or promote the following content or products:

• Products illegal in the jurisdiction of the Customer or the end consumer.
• Counterfeit, pirated, or intellectual-property-infringing goods.
• Firearms, ammunition, explosives, and their components, unless the Customer holds the required licenses and complies with applicable local regulations.
• Controlled substances, illegal drugs, chemical precursors, and associated paraphernalia.
• Prescription-only pharmaceuticals, except in strict compliance with applicable health regulations.
• Sexually explicit content, child pornography, or any material that exploits or endangers minors.
• Gambling, betting, or lottery services not authorized by the applicable jurisdiction.
• Material promoting hate, violence, terrorism, or discrimination based on race, ethnicity, religion, gender, sexual orientation, or other protected status.
• Third-party personal data obtained without consent or a valid legal basis.
• Third-party confidential information disclosed without authorization.
• Malware, ransomware, viruses, spyware, phishing kits, or any malicious software.
• Forged documentation, fake IDs, or tools used to commit fraud.

3. Prohibited Conduct

When using the Service, the Customer undertakes NOT to:

3.1 Security and access

• Attempt to access, probe, or scan systems, data, or accounts that do not belong to it.
• Circumvent or attempt to circumvent authentication, authorization, or usage-limiting mechanisms.
• Reverse engineer, decompile, or disassemble the Service, except to the extent permitted by mandatory law.
• Introduce malicious code into the platform or connected integrations.
• Conduct penetration testing, security probing, or denial-of-service attacks without Fenicia's prior written authorization.

3.2 Resource abuse

• Perform mass automated scraping of the Service or its APIs beyond reasonable published limits.
• Evade quotas, plan limits, or rate-limiting controls through multiple accounts or obfuscation techniques.
• Use the Service to store or distribute content unrelated to the Customer's e-commerce operations.
• Mine cryptocurrencies or run workloads outside the purpose of the Service.

3.3 Communications and spam

• Send spam, unsolicited mass email, or commercial messages to recipients who have not granted valid consent.
• Harvest email addresses, phone numbers, or other contact data through the Service.
• Impersonate Fenicia, other Customers, or any person or entity.

3.4 Fraud and illegal activities

• Use the Service for money laundering, terrorism financing, or any illegal activity under applicable law.
• Initiate fraudulent chargebacks against charges authorized under the Terms.
• Misrepresent Account, billing, identity, or ownership information.

3.5 Unauthorized resale

• Resell, sublicense, redistribute, or provide the Service to third parties without Fenicia's express written authorization.
• Operate the Service as the Customer's own multi-tenant managed service provider without a specific commercial agreement.

4. Fair Use and Technical Limits

Fenicia applies reasonable technical limits to ensure Service availability to all Customers. The specific limits of each plan are described on the pricing page. Without prejudice thereto, Fenicia reserves the right to apply rate limiting, throttling, or temporary restrictions on Accounts whose usage patterns pose a risk to platform stability, even if within the nominal limits of their plan.

The intentional use of techniques to degrade Service performance for other Customers constitutes a material breach of this AUP and of the Terms.

5. Compliance with Third-Party Integrations

When the Customer connects the Service to third-party platforms (Shopify, Amazon, MercadoLibre, Walmart, Stripe, shipping providers, etc.), the Customer additionally agrees to comply with the terms of use and policies of such third parties, including their own prohibited content rules, API limits, end-customer service quality, and refund policies.

Fenicia may disconnect integrations when the third party expressly requests the suspension of an Account, or when the Customer's usage compromises the proper functioning of that integration for other Fenicia Customers.

6. Protection of the Customer's End Customer Data

The Customer is responsible to its own end customers for compliance with applicable data protection law (GDPR, LFPDPPP, CCPA, etc.). This includes obtaining valid consents, publishing adequate privacy notices, responding to DSAR/ARCO requests, and complying with international transfer obligations.

Fenicia acts as Processor under the DPA and will provide the Customer with reasonable tools to assist in fulfilling those obligations.

7. Consequences of Non-Compliance

Non-compliance with this AUP may result, at Fenicia's reasonable discretion and based on the severity and nature of the violation, in the following escalated measures:

1. Notice and cure request: for minor or first-time violations, Fenicia will notify the Customer and grant a reasonable period to cure.
2. Limited Access (Read-Only): for moderate violations or repeat offenses, Fenicia may place the Account in Limited Access mode while investigating or while the Customer cures.
3. Immediate suspension: for serious violations that compromise the security of the platform or other Customers, or when required by a competent authority.
4. Contract termination: for material uncured breaches or repeated serious violations, Fenicia may terminate the contract pursuant to § 11B of the Terms.
5. Reporting to authorities: Fenicia will cooperate with competent authorities when the Customer's conduct constitutes a crime or administrative offense.

At all times Fenicia will act proportionally and, where reasonably possible, will notify the Billing Contact before applying restrictive measures, except in cases where delay could cause additional harm.

8. Abuse Reporting

If a third party or a Customer detects conduct that may violate this AUP, it may report it to:

Reports should include, where possible: description of the conduct, URL or identifier of the Account involved, available evidence, and reporter contact details. Fenicia will process reports with due diligence and protect the reporter's identity to the extent possible.

9. Updates to this AUP

Fenicia may update this AUP to reflect legal changes, new security threats, or new Service functionalities. Material changes will be notified to the Billing Contact at least fifteen (15) calendar days in advance and published on this page with the update date.