Terms of service

Fête Terms of Service

Effective Date: November 11, 2025

The following Terms of Service (the "Terms") constitute a binding agreement between you and Fete Collective, Inc., a Delaware corporation ("Company," “we,” “our,” and “us”), the operator of Company’s e-commerce platform that allows users to purchase products from curated third-party sellers (the “Platform”). The Platform may be accessed via Company’s website (the “Site”). These Terms set forth conditions regarding your access to and use of the Site and Platform (collectively, the “Services”).

By accessing or using the Services in any manner, you agree to be bound by these Terms.

PLEASE NOTE THAT, EXCEPT AS PROVIDED BELOW, THESE TERMS REQUIRE RESOLUTION OF DISPUTES THROUGH USE OF AN ARBITRATION SERVICE. YOU HEREBY AGREE THAT ALL DISPUTES ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES WILL BE RESOLVED IN ACCORDANCE WITH SECTION 25 BELOW.

Modification to Terms. Company reserves the right, at its sole discretion, to modify these Terms upon notice to you. The date of the last modification to the Terms will be posted at the beginning of these Terms. By continuing to access or use the Services after notice of a modification to these Terms, you are indicating that you agree to be bound by any modified Terms.

Privacy. These Terms include the provisions in this document, as well as those in our Privacy Policy.

Eligibility. Our Services are offered and available only to users who are at least 18 years old. By using the Services, you represent to us that you are of legal age to form a binding contract with Company. If you are not at least 18 years old or otherwise do not have the legal capacity to enter into a contract, you must not access or use our Services.

Our Services.

Generally. Our Services enables users to purchase products curated by us and offered for sale by third-party sellers. You may only use the Service for its intended purpose. You may not use the Service for any other purpose. Any non-permitted use of the Service, as determined in our sole discretion, shall be grounds for immediate termination of these Terms and immediate termination of your use of, and access to, the Services. We reserve the right to modify or discontinue, temporarily or permanently, the Services (or any part or feature thereof) with or without notice in our sole discretion. These changes could include changes to our pricing or the addition of new fees. You agree that Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services or any particular Service.

Shipping. Company offers several shipping options. Estimated delivery dates are shown at checkout for each available method. Shipping costs are based on your order total and the method selected. Once your order ships, we’ll send you tracking details. All charges are shown at checkout before you place your order.

Returns. All returns must be initiated within 30 days of delivery. To be eligible for a return, items must be unused, in their original condition, and returned in their original packaging with all tags, components, and accessories included. We reserve the right to refuse returns that do not meet these conditions. To start a return, please use the return link with your order number and reason for return. Unauthorized returns or returns without prior approval may not be accepted. Unless the item was defective or we made an error, customers are responsible for return shipping costs. We recommend using a trackable shipping method. We are not responsible for delays, damage, or losses caused during return shipping.

Damaged or Incorrect Products. If you receive a defective, damaged, or incorrect product, you must contact us within 5 days of delivery with supporting photos. We may request the item be returned or provide an alternative resolution at our discretion.

Payment Terms and Taxes. All prices displayed through the Services are in U.S. dollars unless otherwise indicated and are subject to change without notice. Payment is due in full at the time an order is placed, and all transactions must be processed through our approved third-party payment processors. By submitting payment information, you represent and warrant that you are authorized to use the designated payment method. You agree to pay all applicable sales, use, value-added, and other taxes, duties, and charges imposed by any governmental authority in connection with your purchase, other than taxes based on our net income.

Chargebacks and Fraud Prevention. You agree not to initiate any chargeback or payment dispute with your payment provider without first attempting in good faith to resolve the issue directly with us. Unauthorized use of payment information or the Services may result in suspension or termination of your access, in addition to other remedies available to us. We reserve the right to refuse or cancel any order where fraud or unauthorized activity is suspected, and to report such activity to the appropriate authorities.

User Accounts. While Users may create an account to manage orders and access additional features, an account is not required to make purchases on the Services. Customer accounts are managed through our Platform. You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for any and all activities that occur under your password or account. You agree to immediately notify Company of any unauthorized use of your password or account or any other breach of security. Company will not be liable for any loss or damage arising from your failure to comply with this section. If you would like us to terminate your account, you can do so by requesting deletion by emailing contactus@fete.com.

Acceptable Use. Company hereby grants you permission to access and use the Services, provided such use is in compliance with these Terms, and you further specifically agree that your use will adhere to the following restrictions and obligations:

You may only use the Services for your own personal, non-commercial use and in accordance with these Terms and any codes of conduct provided by Company. You may not transfer your access to others or allow others to access the Services through your own access.
You may only use the Services for lawful activity. It is your responsibility to comply with all applicable local, state, and federal laws and regulations.
You may not use the Services in any manner that Company deems to be harmful, violent, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable.
You may not copy, rip, or capture any content encountered on the Services. This includes bulk copying or "scraping" any portion of the Services content using a bot or other tool.
You may not decompile, reverse engineer, or otherwise attempt to obtain the source code or underlying ideas or information of or relating to the Services.
You may not enter, store or transmit viruses, worms or other malicious code within, through, to or using the Services.
You may not defeat, avoid, bypass, remove, deactivate or otherwise circumvent any software protection mechanisms in the Services.
You may not remove or obfuscate any product identification, copyright or other proprietary notice from any element of the Services or associated documentation.

Ownership of the Services. All right, title and interest in and to the Services, including, but not limited to, and all of the software and code that comprise and operate the Services (collectively, the “Software”), and all of the text, photographs, illustrations, images, graphics, audio, video, URLs, advertising copy and other materials provided through the Platform (collectively, the “Company IP”) are owned by us or by third parties who have licensed Company IP to us. The Platform is protected under trademark, service mark, trade dress, copyright, patent, trade secret and other intellectual property laws. You obtain no rights to the Platform except to use it in accordance with these Terms.

The Company names and logos (including, but not limited to, those of our affiliates, to the extent applicable), all product and service names, all graphics, all button icons and all trademarks, service marks and logos appearing within the Services, unless otherwise noted, are trademarks (whether registered or not), service marks and/or trade dress of Company (collectively, “Company Marks”). You are not authorized to display Company Marks in any manner without our prior written permission. Notwithstanding anything to the contrary, Company shall have the right to aggregate, collect and analyze data and other information relating to the provision, use and performance of the Services and shall be free (during and after the term hereof) to (a) use such data and other information to develop and improve the Services and other Company offerings, and (b) disclose such data and other information solely in an aggregated and anonymized format that does not identify you or any individual.

Content. As between you and Company, you own all of the content that you submit through the Platform (collectively, “Your Content”). You grant to Company a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, transfer, publicly display, transmit, stream, broadcast, access, and otherwise exploit Your Content, in any media, in order to operate the Platform and provide the Services to you. To the extent that Company de-identifies and aggregates Your Content, you agree that such derived data is no longer Your Content, and is thus owned by Company.

You acknowledge and agree that you are solely responsible for Your Content. Accordingly, you represent and warrant that you have all rights, licenses, consents (including from other people who are visible in Your Content or contributed to the creation of Your Content) and releases that are necessary to grant to Company the licenses above. If Your Content violates these Terms in any way, we reserve the right to remove Your Content from the Platform.

YOU HEREBY RELEASE COMPANY FROM ANY AND ALL LIABILITY WHATSOEVER ARISING FROM OR RELATED TO YOUR CONTENT.

As between you and Company, Company owns all right, title and interest in and to the materials available through the Services other than Your Content, including, but not limited to, text, graphics, data, articles, photos, images, videos, and illustrations (all of the foregoing except Your Content, the “Company Content”).

You may not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, transmit, broadcast, or otherwise exploit the Company Content.

Products. We are not the manufacturer of any products offered through our Platform. Accordingly, we make no representations or warranties of any kind regarding these products, including, without limitation, any warranties of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. We reserve the right to modify or substitute these products at our sole discretion and without prior notice. Company does not guarantee the availability of any specific product at any given time.

By purchasing and using products through the Platform, you acknowledge and agree that you do so entirely at your own risk. To the fullest extent permitted by law, you hereby release and hold harmless Company and its affiliates, officers, directors, employees, and agents from any and all claims, liabilities, losses, damages, injuries, or expenses of any kind arising out of or related to the use or misuse of any product obtained through the Platform, including but not limited to any claims based on product liability, breach of contract, tort, or any other legal theory

Links to Third-Party Websites and Services. The Services may also provide links to third-party websites, resources or services (collectively “Third-Party Services”). You acknowledge and agree that Company is not responsible or liable for (i) the availability, terms or practices of such Third-Party Services, or (ii) the content, products or services available on or through such Third-Party Services, including that any information provided is complete, accurate or up-to-date. Links to such Third-Party Services do not imply any endorsement by Company of such Third-Party Services or the content, products or services available on or through such Third-Party Services. You acknowledge sole responsibility for and assume all risk arising from your use of any such Third-Party Services or the content, products or services available on or through such Third-Party Services. We will not be responsible or liable for any damage or harm resulting from your interactions with such Third-Party Services, or the content, products or services available on or through such Third-Party Services.

Third-Party Apps. You may also be able to integrate certain third party applications into your use of the Services (each, a “Third-Party App”). If you integrate a Third-Party App, you may have the ability to transfer certain information and content from the Third-Party App to our Services. Any such transferred information and content is Your Content, and subject to these Terms. In addition, you may be able to use the Third-Party App to complete certain transactions (each, an “External Transaction”) that are initiated through the Services. Your use of any Third-Party App is subject to a separate agreement between you and the provider of that Third-Party App (the “Third Party Provider”). You hereby acknowledge that Company does not control such Third Party Providers, Third-Party Apps, or External Transactions, and cannot be held responsible for their content, operation, use, or completion. Company does not make any representation, warranty, or endorsement, express or implied, with respect to the legality, accuracy, quality, or authenticity of content, information, or services provided by Third-Party Apps. COMPANY HEREBY DISCLAIMS ALL LIABILITY AND RESPONSIBILITY FOR ANY THIRD-PARTY APPS, EXTERNAL TRANSACTIONS AND FOR THE ACTS OR OMISSIONS OF ANY THIRD PARTY PROVIDERS, AND YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST COMPANY WITH RESPECT TO THE CONTENT OR OPERATION OF ANY THIRD PARTY APPS AND ANY EXTERNAL TRANSACTIONS.

User Representations and Warranties. In addition to any other representations and warranties contained elsewhere in these Terms, you represent and warrant that: (a) you have the legal capacity to enter into a binding agreement with Company; (b) all information you provide to us in connection with your use of the Services is and will remain accurate and complete; (c) you will comply with all applicable laws, rules, and regulations in connection with your use of the Services and any purchases made through the Platform; and (d) you will not use the Services for any fraudulent, infringing, or otherwise unauthorized purpose.

Feedback. We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Services (“Feedback”). You agree that Company has the right, but not the obligation, to use such Feedback without any obligation to provide you credit, royalty payment, or ownership interest in the changes to the Services. By submitting any Feedback, you agree that your submissions are voluntary, gratuitous, unsolicited, and without restriction and will not place us under any fiduciary or other obligation. We may use, copy, modify, publish, or redistribute the submission and its contents for any purpose and in any way without any compensation to you. You also agree that we do not waive any rights to use similar or related ideas previously known to us, developed by its employees, or obtained from other source.

Notices of Copyright Infringement. Company respects copyright law and expects our users to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”) of 1998, the text of which may be found on the U.S. Copyright Office website at https://www.copyright.gov/legislation/dmca.pdf, Company will respond to claims of copyright infringement committed using the Services that are reported to us, provided they meet the criteria below.

If you are a copyright owner, or a designated agent thereof, please report alleged copyright infringements taking place on or through the Services by providing us the following information (the “Notice”):

the identity of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works are covered by this Notice, a comprehensive list of the copyrighted works that you claim have been infringed;
the material that you claim is infringing, and information reasonably sufficient to permit us to locate the material, including at a minimum, the URL of the link shown on the Services where such material may be found;
your mailing address, telephone number, and, if available, email address;
a statement that you have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law;
a statement that the information in this Notice is accurate and, under penalty of perjury, that you are the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed; and
your full legal name and your electronic or physical signature.

You may deliver this notice, with all items completed, to us, as follows:

285 W BROADWAY

RM 330

NEW YORK NY 10013-2257

Upon receipt of the Notice as described above, Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Services.

Termination. Company may terminate your access to the Services at any time for any reason or no reason, including, without limitation, a violation by you of these Terms. Any such termination may be sent by written notice to you, which may be by email to your email address last registered with us. Any such termination shall be effective immediately upon transmission to your email address as described above. No such termination shall operate to release you from any liability to us that at the time of such termination had already occurred or that may occur after such termination because of any act or omission by you occurring prior to such termination.

Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any limitations on our liability, any terms regarding ownership or intellectual property rights, indemnification, and terms regarding disputes between us.

Indemnification. To the fullest extent allowed by applicable law, you agree to indemnify, defend, and hold Company, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages, losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), (b) Your Content, and (c) your violation of these Terms.

No person or entity shall be entitled to any form of equitable or implied indemnification at any time, except as provided by the Terms.

Disclaimer of Warranties. YOU HEREBY ACKNOWLEDGE THAT YOU ARE USING THE SERVICES AT YOUR OWN RISK. THE SERVICES, COMPANY CONTENT, AND OTHER INFORMATION PROVIDED TO YOU VIA THE SERVICES ARE ALL PROVIDED "AS IS," AND COMPANY, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS HEREBY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM. COMPANY, ITS AFFILIATES, AND ITS THIRD PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED THROUGH THE SERVICES.

Because some states do not permit disclaimer of implied warranties, you may have additional rights under your local laws.

Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL COMPANY (OR ITS LICENSORS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO COMPANY IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

Notices. Any notices or other communications permitted or required hereunder will be in writing and given by Company (a) via email (in each case to the address that you provide) or (b) by posting to the Services.

No Waiver. The failure of Company to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.

Assignment. You may not assign or transfer these Terms, by operation of law or otherwise, without Company’s prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and of no effect. Company may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. Unless a person or entity is explicitly identified as a third party beneficiary to these Terms, these Terms do not and are not intended to confer any rights or remedies upon any person or entity other than the parties.

Severability. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

Governing Law; Arbitration. These Terms are governed by and will be construed under the laws of the State of Delaware, without regard to the conflicts of laws provisions thereof. The arbitration shall be held in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. The arbitration shall be held in the US county of your most recent physical address or, if there is no such US county, in Kent County, Delaware. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.

Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of these Terms, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in Kent County, Delaware. Any arbitration under these Terms will take place on an individual basis: class arbitrations and class actions are not permitted.

YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST COMPANY ONLY ON AN INDIVIDUAL BASIS AND HEREBY WAIVE THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING, TO THE MAXIMUM EXTENT NOT PROHIBITED BY APPLICABLE LAW. FURTHER, UNLESS BOTH YOU AND COMPANY OTHERWISE AGREE IN WRITING, THE COURT MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING.

Force Majeure. Company shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, natural disasters, pandemics, terrorism, labor disputes, war, government actions, power failures, internet or telecommunication outages, or third-party service interruptions. Performance obligations shall be suspended during such events to the extent affected.

Entire Agreement. These Terms constitute the entire agreement between you and Company regarding your use of the Services, and supersede all prior written or oral agreements.