Terms of Service

Welcome to Festa. These Terms of Service (“Terms”) govern your access to and use of the Festa platform, website, and services (collectively, the “Platform”). By creating an account or using the Platform, you agree to be bound by these Terms and our Privacy Policy.

IMPORTANT: These Terms contain a binding arbitration clause and class action waiver that affect your legal rights. Please read carefully.

1. Platform Overview and Relationship

Festa is a marketplace platform that connects event organizers (“Users”) with service providers and venue owners (“Businesses”). We facilitate bookings and process payments but are NOT a party to the underlying service contracts.

• We do not employ, direct, or control Businesses
• Businesses are independent contractors, not agents or employees of Festa
• We do not guarantee service quality, availability, or fitness for any purpose
• We are not liable for disputes between Users and Businesses beyond our role as payment facilitator
• We provide the platform “as-is” without warranties of any kind

2. Eligibility and Account Requirements

To use Festa, you must:

• Be at least 18 years of age
• Provide accurate, current, and complete information during registration
• Maintain the security of your account credentials
• Accept full responsibility for all activities under your account
• Not create multiple accounts or share account access
• Provide a valid payment method for booking services

You may not use the Platform if you have been previously banned or if you are prohibited from using our services under applicable law.

3. Payment Terms and Platform Fees

3.1 User Payments

• You must save a valid payment method securely via Stripe when submitting booking requests
• Your payment method will be charged automatically when a Business confirms your booking
• Charges typically occur within 24 hours of Business confirmation
• No charge occurs if the Business declines or does not respond within 24 hours
• All payments are processed by Stripe; Festa does not store your card information
• You authorize automatic charges for all confirmed bookings

3.2 Payment Processing Fees

• Festa does not charge any platform fees
• Standard payment processing fees apply (charged by Stripe)
• Processing fees are automatically deducted from payouts

3.3 Business Payouts

• Full Payout: Released when booking is confirmed
• Payouts processed automatically to business bank account via Stripe
• Businesses must maintain a valid Stripe Connected Account in good standing

Example: $100 booking → Business receives full amount upon confirmation, minus standard payment processing fees

4. Booking Process and Binding Commitments

4.1 Booking Requests (Non-Binding)

• Booking requests are offers to contract, not confirmed bookings
• Businesses have 24 hours to accept or decline requests
• Requests automatically expire after 24 hours without response
• No charge occurs for declined or expired requests
• You may submit multiple requests to different Businesses

4.2 Booking Confirmation (Binding Contract)

IMPORTANT: Once a Business confirms your booking, it becomes a BINDING LEGAL CONTRACT between you and the Business.

• Payment is charged immediately upon Business confirmation
• Both parties are legally obligated to fulfill the confirmed booking
• No cancellations are permitted after confirmation
• You are responsible for payment regardless of whether you use the service
• Festa facilitates the transaction but is not a party to your contract with the Business

4.3 Service Completion Verification (Passcode System)

• Upon booking confirmation, you will receive a unique 6-digit passcode
• You must provide this passcode to the Business upon satisfactory service completion
• Passcode verification confirms service was delivered successfully
• Only provide the passcode if the service was delivered as agreed
• Do not provide the passcode if service was not delivered or was materially different from what was booked
• Passcode expires 7 days after the event date

6. User Responsibilities and Obligations

As a User, you are responsible for:

• Reviewing all booking details carefully before Business confirmation
• Being present and available at the scheduled time and location
• Providing accurate event information (date, time, location, guest count)
• Communicating directly with Businesses about service details
• Providing the passcode only when service has been satisfactorily completed
• Maintaining a valid payment method on file
• Treating Businesses and their staff with respect

7. Prohibited Activities and Acceptable Use

You may not use the Platform to:

• Engage in fraudulent bookings or submit false refund claims
• Initiate chargebacks or payment disputes without first contacting Festa support
• Circumvent the platform to avoid fees (e.g., paying Businesses directly)
• Share your passcode before service completion to help Businesses circumvent verification
• Withhold passcode unreasonably after satisfactory service delivery
• Harass, abuse, threaten, or discriminate against Businesses or other users
• Post false, misleading, or defamatory reviews
• Scrape, harvest, or collect data without authorization
• Use automated tools (bots, scrapers) without permission
• Impersonate others or create fake accounts
• Share account credentials or allow unauthorized access
• Engage in any illegal activity or violate applicable laws

Violations may result in immediate account suspension, termination, forfeiture of funds in dispute, and legal action.

8. Business-Specific Terms and Requirements

Businesses using the Platform must additionally comply with:

• Maintain a valid Stripe Connected Account in good standing
• Provide accurate service descriptions, pricing, and availability
• Respond to booking requests within 24 hours (accept or decline)
• Fulfill all confirmed bookings or face consequences and account termination
• Maintain appropriate business licenses, permits, and liability insurance
• Comply with all applicable laws and regulations
• Not solicit off-platform payments or direct bookings from Festa Users
• Use customer data solely for providing booked services (no marketing or third-party sharing)
• Delete customer personal data after service completion (except tax/legal records required for 7 years)
• Notify Festa of any data breaches within 72 hours
• Honor all booking commitments once confirmed

8.1 Business Consequences for Non-Delivery

• Full refund to User (100% of booking amount)
• Reduced search placement and visibility
• Account suspension pending investigation
• Permanent ban for repeated violations
• Negative impact on Business rating and recommendations

9. Intellectual Property Rights

9.1 Platform Content

The Festa name, logo, design, software code, and all platform content are proprietary and protected by copyright, trademark, patent, and other intellectual property laws. You may not copy, reproduce, modify, or create derivative works without express written permission.

9.2 User Content License

You retain ownership of content you upload (photos, descriptions, reviews, event details). By uploading content, you grant Festa a non-exclusive, worldwide, perpetual, royalty-free, sublicensable license to use, display, reproduce, modify, and distribute your content on the Platform and in marketing materials.

9.3 Prohibited Content

You may not upload content that is illegal, infringing, defamatory, obscene, discriminatory, or violates third-party intellectual property rights.

11. Indemnification

You agree to indemnify, defend, and hold harmless Festa, its parent company, subsidiaries, affiliates, officers, directors, employees, agents, contractors, and licensors from and against any and all claims, damages, losses, liabilities, judgments, costs, and expenses (including reasonable attorney fees and court costs) arising from or related to:

• Your use or misuse of the Platform
• Your violation of these Terms or our Privacy Policy
• Your violation of any applicable laws or regulations
• Your violation of any third-party rights (intellectual property, privacy, publicity)
• Content you upload, submit, or transmit through the Platform
• Disputes with other Users or Businesses
• Services provided by Businesses you booked
• Your negligence or willful misconduct

This indemnification obligation survives termination of your account and these Terms.

13. Governing Law and Jurisdiction

These Terms and any disputes arising out of or relating to the Platform shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles. To the extent arbitration does not apply, you consent to the exclusive jurisdiction of the state and federal courts located in Wilmington, Delaware.

14. Account Termination and Suspension

14.1 Festa's Right to Terminate

We reserve the right to suspend or terminate your account immediately, without notice, for:

• Violation of these Terms or our Privacy Policy
• Fraudulent activity, false refund claims, or chargebacks
• Repeated disputes or abusive behavior
• Failure to maintain a valid payment method (after notice)
• Suspected illegal activity or security risks
• Extended inactivity (24 months with 90 days advance notice)
• Any conduct that harms or could harm Festa, its users, or Businesses

Upon termination for cause, you forfeit any pending refunds or credits, and remain liable for all outstanding obligations.

14.2 Your Right to Terminate

You may close your account at any time through account settings or by contacting support. All outstanding bookings and payment obligations must be resolved before account closure. Your data will be deleted within 30 days of account closure, except for:

• Transaction records (retained for 7 years for tax and legal compliance)
• Dispute or fraud-related records (retained as necessary)
• Anonymized analytics data (cannot identify you)

15. Changes to These Terms

Festa reserves the right to modify these Terms at any time. We will provide 30 days advance notice of material changes by:

• Posting the updated Terms on the Platform with a new “Last Updated” date
• Sending email notification to your registered email address
• Displaying a prominent notice on the Platform

Material changes (such as changes to arbitration, liability, or refund policies) will require your explicit acceptance before becoming effective. Continued use of the Platform after the effective date constitutes acceptance of non-material changes. If you disagree with any changes, you must stop using the Platform and close your account before the effective date.

16. Miscellaneous Provisions

16.1 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it enforceable.

16.2 Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published on the Platform, constitute the entire agreement between you and Festa concerning your use of the Platform and supersede all prior agreements, understandings, and communications.

16.3 Waiver

Festa's failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision. No waiver shall be effective unless in writing.

16.4 Assignment

You may not assign or transfer these Terms or your account without Festa's prior written consent. Festa may assign these Terms to any affiliate or in connection with a merger, acquisition, or sale of assets.

16.5 Force Majeure

Festa shall not be liable for any failure or delay in performance due to causes beyond our reasonable control, including acts of God, war, terrorism, labor disputes, or technical failures.

17. Contact Information

For questions about these Terms, contact us at: