Digital Service Act
1. Platform Classification under the Digital Services Act
“Nuclei” operates an online platform within the meaning of Regulation (EU) 2022/2065 (Digital Services Act).Nuclei is not designated as a Very Large Online Platform (VLOP) or a Very Large Online Search Engine (VLOSE), as our estimated average number of monthly active recipients in the European Union is significantly below the threshold (45 million users).
Nuclei reassesses its average monthly active recipients at least once every 12 months and will update this page if its classification changes.
2. EU Monthly Active Recipients
Nuclei will share the estimate of Monthly active users in the European Union on this page (once sufficient operational data is available)
This is an estimate based on the data available to “Nuclei” at this time and the limited guidance in the DSA. This estimate is required to be published under the DSA and should not be used for any other purpose. The methodologies used to estimate average monthly recipients, as defined in the DSA require significant judgment and design inputs, are subject to data and other limitations, and inherently are subject to statistical variances and uncertainties.
3. Statement of Reasons
When Nuclei restricts or removes content or suspends a user, we will provide the affected party with a Statement of Reasons at the time of action, explaining the decision, the action taken, the facts and circumstances relied upon, its legal or contractual basis, whether automated tools were used, and available redress options.
Where required, anonymised Statements of Reasons will be submitted to the EU Transparency Database.
4. Internal Complaint-Handling Mechanism
Users and traders who disagree with a moderation decision taken by Nuclei may submit a complaint by contacting help@gonuclei.com.
Nuclei will acknowledge complaints without undue delay and aims to provide a reasoned response within a reasonable timeframe, depending on the complexity of the complaint.
Users and traders also retain the right to seek out-of-court dispute settlement or judicial remedies in accordance with applicable EU and national laws.
5. Transparency report
Nuclei shall publish a transparency report at least once per year in accordance with Article 15 of the Digital Services Act.
The report will provide an overview of Nuclei’s content moderation activities during the relevant reporting period, notices received, moderation actions taken or not taken, and related outcomes, including notices received from public authorities and users, and will be made available on this page.
The report can be downloaded on this page. (Nuclei will publish its first transparency report within 12 months of the commencement of its services in the European Union, and at least annually thereafter.)
6. Contact Details
In accordance with Articles 11 and 12 of Regulation (EU) 2022/2065 (Digital Services Act), Nuclei designates distinct points of contact for communications from competent authorities within the European Union and for communications from users.
(a) Contact Point for Authorities
Competent judicial, administrative, or regulatory authorities of the European Union may address orders to act against illegal content, requests for information, or other official communications to the following contact point:
Email:legal@gonuclei.com
This contact point is monitored regularly. Communications may be submitted in English unless otherwise required by applicable law
(b) Contact Point for Users or Traders
Users or traders may submit enquiries, complaints, or notices regarding illegal content or moderation actions to the following dedicated contact point:
Email:help@gonuclei.com
Nuclei will use this contact point to provide users with the required statements of reasons and other communications under Articles 17 to 20 of the Digital Services Act.
(c) Contact Point for Users or Traders
Nuclei Technologies, Unipessoal Lda
Rua Quinta da Lobita Nº 65, 3º A 2775-621 Carcavelos, Portugal
7. NOTICE-AND-ACTION MECHANISM
Users and third parties may notify Nuclei of information or activity on the platform that they consider to be illegal under Union or national law. Notices may be submitted by email to the contact point designated for users.
A notice concerning allegedly illegal content shall contain the following elements, in accordance with Article 16 of the Digital Services Act:
(a) a sufficiently precise description of the content and its exact electronic location on the platform;
(b) a statement of the reasons why the notifier considers the content to be illegal, including reference to the applicable legal basis;
(c) the notifier’s name and email address;
(d) a declaration confirming the notifier’s good-faith belief that the information provided is accurate and complete.
Upon receipt of a notice that contains the elements listed above, Nuclei shall:
(i) acknowledge receipt of valid notices without undue delay and assess the notice diligently, objectively, and promptly;
(ii) remove or disable access to the content where the alleged illegality is established;
(iii) issue a clear and reasoned statement to the notifier and to the affected user or trader, indicating the legal or contractual basis for the action taken or for the decision not to act;
(iv) maintain a record of the notice and the resulting decision for the period required under applicable law.
Nuclei may, where appropriate, forward notices or relevant information to competent authorities or to trusted flaggers designated under the Digital Services Act.
Notices that are manifestly unfounded, abusive, or incomplete may be rejected without further action. Repeated submission of manifestly unfounded notices may result in the suspension of the notifier’s ability to submit further notices.