EU User Rights (Digital Services Act) Annex

This Annex forms part of the Terms of Use and applies only to individuals and entities that access or use the Website while located in a Member State of the European Union or the European Economic Area (EU Users). If any provision of this Annex conflicts with the Terms of Use, this Annex shall control for EU Users.

Toucity Inc. (the Company) provides this Annex to comply with Regulation (EU) 2022/2065 (the Digital Services Act or DSA).

Eligibility and Service Direction (Article 14(3) DSA)

The Website is not directed at minors. EU Users must be at least eighteen (18) years of age to register and use the Website, and EU Users are required to confirm that they meet this age requirement during account creation. The Company does not knowingly collect personal data from individuals under 18. If the Company becomes aware that an account belongs to a person under 18, the Company will deactivate the account and delete the associated personal data in accordance with the Privacy Policy and applicable law.

Contact Points and EU Representative

Contact Point for EU Authorities. EU Digital Service Coordinators, government authorities, and other bodies listed in article 11(3) of the DSA may contact us at dsa-authorities@toucity.com.

Contact Point for EU Users. EU Users may contact us regarding matters arising under the DSA at dsa-users@toucity.com.

Content Moderation Transparency

Rules and Restrictions. User Contributions must comply with the Terms of Use, including the Content Standards and Prohibited Uses. These rules describe the categories of content that are prohibited on the Website and the reasons for any restrictions.

How Moderation Occurs. The Company may moderate content in the following ways:

• Human review for violations of the Terms of Use.
• Automated tools, where used, to detect spam, malware, fraudulent activity, or other violations. Automation shall not replace human review when making final moderation decisions.
• User reports submitted through the Notice Mechanism described in this Annex.

Effect of Moderation. If the Company determines that content violates the Terms of Use or applicable law, the Company may do one or more of the following:

• Remove or disable access to the content;
• Restrict visibility;
• Suspend or terminate the user's account; and
• Restrict the user's ability to submit further content.

A written explanation will be provided as required by the DSA.

Standard of Enforcement (Article 14(4) DSA). In applying and enforcing the restrictions described in this Annex and in the Terms of Use, the Company will act in a diligent, objective, and proportionate manner, with due regard for the rights and legitimate interests of all parties involved, including the fundamental rights of EU Users (freedom of expression, freedom and pluralism of the media, protection of personal data, and non-discrimination) as enshrined in the Charter of Fundamental Rights of the European Union.

Notice Mechanism for Illegal Content (Article 16 DSA)

EU Users and other individuals or entities may notify the Company of allegedly illegal content by submitting a notice containing the following information:

1. The name and email address of the notifier;
2. The specific URL(s) or exact location of the content;
3. A description of the content alleged to be illegal;
4. The legal reason the notifier believes the content is illegal; and
5. A statement that the notifier has a good-faith belief that the information is accurate.

Notices must be submitted using the Website's reporting tool or by email to abuse@toucity.com. Once a valid notice is received, the Company will:

• Acknowledge receipt;
• Review the notice;
• Take appropriate action; and
• Provide a written statement of reasons for any action taken.

Knowingly submitting misleading or abusive notices may result in suspension.

Statement of Reasons (Article 17 DSA)

When the Company removes content or restricts an account, the Company will provide the affected EU User with a written “statement of reasons,” including:

• The basis for the decision;
• Whether automation was used in detecting the issue;
• Any available option for appeal; and
• The territorial scope of the restriction.

Internal Complaint-Handling System (Article 20 DSA)

EU Users may appeal the following decisions within six months:

• Content removal
• Account suspension
• Restriction of visibility
• Rejection of a notice submitted under the Notice Mechanism for Illegal Content

Appeals must be submitted to dsa-appeals@toucity.com. The Company will:

• Acknowledge the complaint;
• Ensure that the reviewer was not involved in the original decision;
• Review and respond within a reasonable period; and
• Provide a written decision explaining whether the original action is upheld or reversed.

Out-of-Court Dispute Settlement (Article 21 DSA)

After completing the internal complaint procedure, EU Users may submit the dispute to any out-of-court dispute settlement body that has been certified under Article 21 DSA by a Member-State Digital Services Coordinator, provided the dispute falls within that body’s scope of expertise.

Two certified bodies whose scope and operating languages are well-suited to disputes arising from the Website are:

• ADROIT(Malta) — content-sharing and consumer platforms; operates in Dutch, English, French, German, Italian, Maltese, Portuguese, and Spanish. adroit.legal
• User Rights(Germany) — content-moderation disputes on consumer platforms; operates in German, English, French, and Italian. user-rights.org

The complete and continually-updated list of certified bodies is maintained by the European Commission at digital-strategy.ec.europa.eu/en/policies/dsa-out-court-dispute-settlement, and EU Users are free to select any certified body whose scope covers their dispute.

The availability of this process does not waive:

• The Company's right to enforce the arbitration clause in the Terms of Use for non-EU Users; or
• The Company's right to seek judicial remedies; or
• The EU User's right to bring a claim before a court in accordance with article 24 of the DSA.

The Company will participate in good faith in any certified out-of-court dispute proceedings initiated by an EU User.

Measures Against Misuse

The Company may suspend an EU User's ability to submit content or notices for a reasonable period if the EU User:

• Frequently submits manifestly illegal content; or
• Frequently submits manifestly unfounded notices or appeals.

Before imposing a suspension, the Company will provide the EU User with a written warning and a statement of reasons.

Recommender Systems (Article 27 DSA)

The Website ranks and recommends event listings to EU Users. The main parameters that determine the order in which listings are shown are:

1. Geographic proximity.Listings closer to the EU User’s selected location — or to the device’s precise location where the EU User has explicitly granted that permission — are surfaced ahead of those further away. Distance is calculated as the great-circle distance between two points.
2. Date relevance. Upcoming events are surfaced first; events that have already taken place are hidden, and events more than 90 days in the future are deprioritized. Recurring events are deduplicated so that one card represents one event-day.
3. Category match. Listings whose category, type, or subtype matches a filter the EU User has set (e.g., Business, Food, Entertainment) are prioritized over listings outside that filter.
4. Listing status.Only listings whose moderation status is “active” are shown. Listings marked “inactive”, “rejected”, or “pending review” are excluded.
5. Free-text search. When the EU User enters a search query, listings whose title, description, or location text matches the query are prioritized over listings that do not.

The Company may temporarily elevate listings associated with large public events (for example, the FIFA World Cup) in the corresponding city feeds. Any such elevation is time-limited, applies equally to all EU Users viewing the relevant city, and is removed once the public event concludes.

The Website does not rank or recommend content based on profiling of the EU User within the meaning of Article 4(4) GDPR. The Website does not use behavioral signals, browsing history, demographic inference, or sensitive personal data to influence ranking.

EU Users may always adjust filters (location, date, category) to change which listings are eligible to appear, switch between the “Nearby” view and a city-specific view, or contact the Company at dsa-users@toucity.com with questions about how a specific listing was ranked.

Advertising Transparency (Articles 26-28 DSA)

If the Website displays advertising, the Company will clearly inform EU Users:

• That the content is an advertisement;
• On whose behalf the advertisement is displayed; and
• The main parameters used to determine why the advertisement was shown.

The Company will not present personalized advertising based on sensitive personal data.

Trader Identification (Article 30 DSA)

If the Website allows third-party traders to post or promote content, the Company will take reasonable steps to verify required trader information and will display the information required by article 30 of the DSA. Traders will be required to ensure that their information is accurate and up to date.

Transparency Reporting (Articles 15 and 42-43 DSA)

The Company will publish an annual transparency report containing:

• The number of moderation actions taken;
• The number of notices received;
• The number of appeals and their outcomes; and
• Information about the use of automated moderation tools.

The report will be posted on the Website.

No Prejudice to Consumer Rights (Article 24 DSA)

Nothing in this Annex or in the Terms of Use will affect any mandatory rights that EU Users enjoy under EU consumer protection law or the DSA.