Attachment No. 3 to the Semly.ai Terms of Service – List and Categories of Prohibited Products
- Firearms and Ammunition – example: Firearms, ammunition, stun guns and tasers, pepper spray. Legal Basis / Justification: Firearms and Ammunition Act – license required for firearms trade; verification of license and buyer’s identity.
- Drugs and Narcotic Substances – example: Hard drugs, psychoactive substances. Legal Basis / Justification: Anti-Drug Law – sale prohibited without permit; excluded from civil trade.
- Tobacco Products and E-Cigarettes – example: Cigarettes, e-cigarettes, novel tobacco products. Legal Basis / Justification: Tobacco Products Act – marketing restrictions; ban on advertising directed at persons under the age of majority.
- Alcohol – example: Beer, wine, spirits. Legal Basis / Justification: The Act on Upbringing in Sobriety and Counteracting Alcoholism – sales only to adults; requirement to verify age.
- Prescription Medications – example: Antibiotics, psychotropic drugs. Legal Basis / Justification: Pharmaceutical Law – distribution permitted solely via licensed pharmacies and only upon presentation of a valid prescription.
- Medical Procedures, Diagnostics, and Online Psychotherapy – example: Surgical operations, telemedicine consultations, psychiatric consultations via chat (without doctor supervision). Legal Basis / Justification: Medical Doctors and Dentists Professions Act & Healthcare Activities Act – only licensed physicians may perform medical procedures; ban on unlicensed medical services.
- Gambling Services – example: Betting offices, online casinos. Legal Basis / Justification: Gambling Act – license required; verification of majority age; principles of responsible gaming.
- High-Risk Financial Instruments – example: CFDs, binary options, futures, NFTs, other unregulated digital instruments. Legal Basis / Justification: Act on Trading in Financial Instruments – investor protection; requirement of a license from the Polish Financial Supervision Authority (KNF) for investment advisors.
- Tax and Legal Advisory Services – example: Tax settlements, legal opinions. Legal Basis / Justification: Tax Advisory Act & Legal Professions Act (attorneys/advocates) – advisory services in taxation and law reserved for licensed professionals.
- Erotic Materials and Services – example: Pornography, escort services, all products from the erotic industry. Legal Basis / Justification: Penal Code & Code of Petty Offenses – restrictions on pornography; ban on facilitating prostitution.
- Weapons and Extremist Tools – example: Knives, brass knuckles, extremist propaganda. Legal Basis / Justification: Firearms and Ammunition Act, Penal Code, Anti-Terrorism Act – control of dangerous weapons and extremist materials.
- Advanced Medical Equipment – example: Defibrillators, ventilators, infusion pumps. Legal Basis / Justification: Medical Devices Act & Healthcare Activities Act – requirement for medical supervision and operator training.
- Chemicals and Hazardous Materials – example: Toxic reagents, explosives, DIY fertilizer kits. Legal Basis / Justification: Chemicals Act – registration with ECHA required; compliance with health & safety and ADR transport regulations.
- Copyrighted and Pirated Materials – example: Illegally copied software, pirated movies, unauthorized music files. Legal Basis / Justification: Copyright and Related Rights Act – protection of intellectual property.
- Surveillance and Espionage Technologies – example: Bugging systems, user-tracking software (without consent). Legal Basis / Justification: Protection of privacy and the inviolability of correspondence (Penal Code, Act on the Protection of Personal Data).
- Products from Protected Animals – example: Ivory jewelry, cosmetics containing turtle oil. Legal Basis / Justification: CITES (Washington Convention) & Nature Conservation Act – prohibition on trade of products from protected species.
- Mass Disinformation or Manipulation Technologies – example: Bots for automatically creating fake social media accounts. Legal Basis / Justification: Laws on the Prevention of Cybercrime – restrictions on technologies facilitating large-scale disinformation or manipulation.
- Child Pornography – example: Images or videos of persons under 18 in sexual contexts. Legal Basis / Justification: Penal Code & Convention on the Rights of the Child – criminal prohibition against possession and distribution of child sexual abuse material.
- Cultural Heritage Artifacts – example: Antique furniture, sculptures, paintings. Legal Basis / Justification: Monuments Protection Act – prohibition on trade in protected cultural heritage items without a permit from the conservation authority.
- Genetically Modified Organisms (GMOs) – example: Genetically modified seeds. Legal Basis / Justification: Seed Act – prohibition on placing new GMO varieties on the market without registration in the national register and consent of the State Plant Health and Seed Inspection Service.