Terms of Service

1. Acceptance of Terms

Welcome to Konfetti. These Terms of Service ("Terms") are a legally binding agreement between you ("User," "you," or "your") and Konfetti, Inc. ("Konfetti," "we," "us," or "our"), governing your access to and use of the Konfetti website at konfettiapp.com, the Konfetti mobile application, and any related services, features, or functionality (collectively, the "Platform").

By creating an account, clicking "Sign up," "Sign in," "Continue with Google," or any similar button, or by otherwise accessing or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference.

If you do not agree to these Terms, you must not access or use the Platform.

You represent that you are at least 18 years of age and have the legal capacity to enter into binding contracts. If you are acting on behalf of a business entity, you represent that you have authority to bind that entity, and "you" includes both you individually and the entity.

2. Definitions

• "Platform" — the Konfetti website, mobile application, APIs, and all associated services.
• "Planner" — a User who uses the Platform to discover, inquire about, and book Vendor services for events.
• "Vendor" — a User who creates a Listing to offer services, spaces, or products through the Platform.
• "Listing" — a Vendor's published offer of services, products, or space.
• "Booking" — a confirmed agreement between a Planner and a Vendor, facilitated through the Platform.
• "Vendor Services" — any services, products, venues, or experiences offered by a Vendor.
• "Konfetti Content" — all content that Konfetti makes available through the Platform.
• "User Content" — all content submitted, posted, or transmitted by Users, including Listings, reviews, photos, and messages.
• "Konfetti Fees" — the fees charged by Konfetti for use of the Platform.

3. The Konfetti Platform — Marketplace Nature

Konfetti provides a platform through which Vendors may advertise their Listings and Planners may discover and book Vendor Services. Any contract for Vendor Services is solely between the Planner and the Vendor. Konfetti does not become a party to or participant in any contractual relationship between them.

Konfetti does not control, investigate, verify, warrant, or guarantee: (i) the quality, safety, suitability, or legality of any Vendor Services; (ii) the truth or accuracy of any Listing, rating, review, or User Content; (iii) any Vendor's performance; or (iv) any Planner's ability to pay.

3.1 Vendor Background Checks

Konfetti may, in its discretion, perform identity verification or background screening on Vendors, but does not guarantee accuracy or completeness of such screening. Konfetti's verification does not constitute endorsement of any Vendor. Planners are solely responsible for evaluating Vendors.

3.2 No Agency

No agency, partnership, joint venture, employment, or franchisee-franchisor relationship is created between Konfetti and any User by these Terms or use of the Platform.

4. Account Registration & Security

4.1 Registration

You must create an account to access most Platform features. You agree to provide accurate, current, and complete information and keep it updated. You may not impersonate any person or create a false identity.

4.2 Account Security

You are solely responsible for safeguarding your credentials and all activity under your account. Notify Konfetti immediately at legal@konfettiapp.com of any unauthorized use. Konfetti is not liable for losses arising from your failure to protect your account.

4.3 One Account per User

You may not maintain more than one active personal account. Creating multiple accounts to circumvent suspensions or restrictions is prohibited.

4.4 Account Termination

Konfetti reserves the right to suspend or terminate any account at any time, without notice, for conduct that violates these Terms, applicable law, or is harmful to other Users or Konfetti. You may delete your account at any time through Platform settings.

4.5 Third-Party Sign-In

If you register or log in using a third-party service (such as Google), you authorize Konfetti to access and use information from that service consistent with our Privacy Policy. Your use of third-party services is subject to their own terms and policies.

5. Planner Terms

5.1 Accurate Event Information

Planners agree to provide accurate information about their events, including event type, guest count, date, and location. Misrepresentation of event details may result in Booking cancellation and forfeiture of amounts paid.

5.2 Compliance

Planners are responsible for ensuring their events comply with all applicable laws, including obtaining necessary permits, licenses, and approvals. Konfetti is not responsible for a Planner's failure to comply.

5.3 Payment Obligation

By confirming a Booking, you agree to pay all associated fees in full. Failure to pay may result in Booking cancellation, account suspension, and recovery actions.

5.4 Treatment of Vendors

Planners agree to treat all Vendors and Konfetti staff with respect. Harassment, abuse, discrimination, or threatening behavior is grounds for immediate account termination.

6. Vendor Terms

6.1 Eligibility & Verification

Vendors must apply and be approved before publishing Listings. By applying, you represent that: (i) you are legally authorized to offer the described services; (ii) you hold all required licenses, permits, insurance, and certifications; and (iii) all application information is accurate and complete.

6.2 Listing Accuracy

Vendors are solely responsible for the accuracy, completeness, and legality of their Listings, including descriptions, pricing, availability, photos, and terms. Vendors agree not to misrepresent their services, credentials, or availability.

6.3 Service Obligations

Upon confirming a Booking, Vendors agree to provide the agreed-upon services in a professional, timely, and workmanlike manner consistent with the Listing. Failure to perform without adequate notice may result in penalties, negative reviews, and account termination.

6.4 Legal Compliance

Vendors are solely responsible for understanding and complying with all laws, regulations, tax obligations, and licensing requirements applicable to their business, including health codes, safety regulations, alcohol licensing, and employment laws.

6.5 Insurance

Vendors are strongly encouraged — and in some jurisdictions required — to maintain appropriate professional liability, general liability, and other relevant insurance. Konfetti does not provide insurance coverage for Vendor Services.

6.6 Independent Contractor Status

Vendors are independent contractors, not employees, agents, or partners of Konfetti. Vendors have no authority to bind Konfetti in any way.

6.7 Taxes

Vendors are solely responsible for all tax obligations arising from their Vendor Services, including income taxes, sales taxes, and applicable business taxes. Konfetti may be required by law to collect and remit certain taxes in certain jurisdictions.

7. Listings & User Content

7.1 Content License

By submitting User Content to the Platform, you grant Konfetti a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform such content in connection with operating and improving the Platform, including for marketing purposes.

7.2 Content Representations

You represent and warrant that: (i) you own or have the necessary rights to User Content you submit; (ii) submission does not violate third-party rights; and (iii) your content is accurate and not false, misleading, defamatory, obscene, unlawful, or harmful.

7.3 Content Removal

Konfetti reserves the right to review, monitor, remove, edit, or disable User Content at any time, for any reason, without notice. Konfetti assumes no liability for User Content or its removal.

7.4 Prohibited Content

Users may not submit content that: is false, misleading, defamatory, or fraudulent; violates any law or third-party right; is sexually explicit, obscene, or offensive; promotes violence, discrimination, or illegal activity; infringes intellectual property rights; or contains malware, spam, or unauthorized advertising.

8. Bookings & Contracts Between Users

8.1 Formation

A Booking is formed when a Planner submits a booking request and a Vendor confirms acceptance, or when an "Instant Book" transaction is processed. The Booking terms are set by the Vendor's Listing and any agreed modifications. Konfetti is not a party to any Booking.

8.2 Vendor–Planner Relationship

All obligations from a Booking are solely between the Planner and the Vendor. Konfetti's role is limited to facilitating the connection and processing payment. Disputes are solely the responsibility of the parties to that Booking.

8.3 Konfetti's Limitation

Konfetti makes no representations about the quality, safety, or suitability of any Vendor Services and is not responsible for any damages, losses, injuries, or claims arising from Bookings or Vendor Services.

9. Payments & Fees

9.1 Payment Processing

Payments are processed through Stripe, Inc. By using the Platform's payment features, you agree to Stripe's Terms of Service and Privacy Policy. Konfetti is not responsible for Stripe's services or payment processing errors.

9.2 Service Fees

Konfetti charges service fees to facilitate Bookings. Applicable fees are displayed before you confirm a Booking. Fees are non-refundable except as expressly provided in these Terms or required by applicable law.

9.3 Taxes

Konfetti may calculate and collect applicable taxes based on event location. Tax calculations are a convenience and Konfetti does not warrant their accuracy. Users are ultimately responsible for their own tax obligations.

9.4 Currency

All amounts are in U.S. Dollars (USD) unless otherwise indicated. International users may incur additional charges from their financial institution for currency conversion.

9.5 Escrow

Konfetti may hold Planner payments in escrow pending service delivery confirmation, and release funds to Vendors following applicable hold periods. Konfetti reserves the right to withhold or reverse payments in cases of suspected fraud, Booking cancellation, or dispute.

10. Cancellations & Refunds

10.1 Vendor Cancellation Policies

Each Listing may have its own cancellation policy set by the Vendor, displayed on the Listing and at checkout. Planners are responsible for reviewing the cancellation policy before confirming a Booking.

10.2 Planner-Initiated Cancellations

Refunds for Planner-initiated cancellations are governed by the Vendor's stated cancellation policy. Konfetti service fees are non-refundable unless the cancellation is due to the Vendor's failure to perform.

10.3 Vendor-Initiated Cancellations

If a Vendor cancels a confirmed Booking, the Planner will receive a full refund, including service fees. Repeated Vendor cancellations may result in penalties and account suspension.

10.4 Force Majeure

Konfetti may, in its sole discretion, offer extenuating-circumstances accommodations in the event of natural disasters, government-declared emergencies, or other events beyond a party's control. Konfetti is not obligated to provide any particular relief.

10.5 Chargebacks

If you initiate a chargeback without first following Konfetti's dispute resolution process, Konfetti reserves the right to suspend your account and recover the disputed amount plus associated fees.

11. Prohibited Conduct

You agree not to, and will not assist or enable others to:

• Violate any applicable law, regulation, rule, or order;
• Circumvent or bypass any security, access, or authentication measures;
• Engage in fraudulent, deceptive, or manipulative conduct;
• Conduct off-platform transactions to circumvent Konfetti Fees;
• Scrape, harvest, or collect User information without consent;
• Use automated tools (bots, crawlers, scrapers) without express written permission;
• Interfere with or disrupt the Platform or its servers;
• Transmit spam, chain letters, or unsolicited communications;
• Impersonate any person or entity, or misrepresent your affiliation;
• Engage in any harassment, bullying, defamation, or discriminatory conduct;
• Attempt to reverse-engineer, decompile, or extract source code from the Platform;
• Use the Platform for any illegal purpose, including money laundering or financing terrorism;
• Violate or infringe the intellectual property rights of any third party.

12. Reviews & Ratings

After a completed Booking, Planners and Vendors may submit reviews and ratings. Reviews must be honest, accurate, and based on first-hand experience. Reviews that are false, defamatory, harassing, incentivized, or submitted by parties with conflicts of interest violate these Terms and may be removed.

Konfetti does not verify reviews and is not responsible for their content. Reviews reflect the opinions of the author, not Konfetti.

13. Intellectual Property

13.1 Konfetti's IP

The Platform and all Konfetti Content (including the Konfetti name, logo, software, design, text, graphics, and data) are owned by or licensed to Konfetti and protected by U.S. and international intellectual property laws. These Terms grant you no rights in Konfetti's IP beyond the limited license to use the Platform as expressly set forth herein.

13.2 License to Use

Subject to your compliance with these Terms, Konfetti grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Platform for its intended purposes.

13.3 Feedback

If you provide feedback, suggestions, or ideas, Konfetti may use them without restriction or compensation to you.

13.4 DMCA

If you believe content on the Platform infringes your copyright, send a notice to legal@konfettiapp.com with: a description of the copyrighted work; the URL of the allegedly infringing material; your contact information; a statement of good-faith belief; and your physical or electronic signature.

14. Privacy

Your use of the Platform is governed by our Privacy Policy, incorporated into these Terms by this reference. By using the Platform, you consent to the data practices described therein.

15. Disclaimers

TO THE FULLEST EXTENT PERMITTED BY LAW, KONFETTI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. KONFETTI DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY VENDOR SERVICES WILL BE PERFORMED AS DESCRIBED.

16. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, KONFETTI SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, DATA, GOODWILL, OR USE, ARISING OUT OF OR RELATING TO YOUR USE OF (OR INABILITY TO USE) THE PLATFORM OR ANY VENDOR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

KONFETTI'S AGGREGATE LIABILITY FOR ALL CLAIMS SHALL NOT EXCEED THE GREATER OF: (i) THE TOTAL KONFETTI FEES YOU PAID IN THE 12 MONTHS PRECEDING THE CLAIM; OR (ii) ONE HUNDRED U.S. DOLLARS ($100 USD).

These limitations apply regardless of the legal theory on which the claim is based. Some jurisdictions do not permit certain exclusions or limitations, so some of the above may not apply to you.

17. Indemnification

You agree to indemnify, defend, and hold harmless Konfetti and its officers, directors, employees, agents, and licensors from and against all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or connected with:

• Your access to or use of the Platform;
• Your User Content;
• Your violation of these Terms;
• Your violation of any applicable law or third-party rights;
• Any Booking, including Vendor Services you provide or receive;
• Your interaction with any other User.

Konfetti reserves the right, at your expense, to assume exclusive defense and control of any matter for which you are required to indemnify us. You agree to cooperate with our defense.

18. Dispute Resolution & Arbitration

18.1 Informal Resolution

Before initiating any formal dispute, you agree to contact Konfetti at legal@konfettiapp.com and attempt informal resolution for 30 days. Konfetti will do the same.

18.2 Binding Arbitration

If informal resolution fails, you agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Platform will be resolved by binding individual arbitration under the AAA's Commercial Arbitration Rules, rather than in court. The arbitration will be conducted in English in Washington, D.C. (or via video conference at your election). The arbitrator's decision is final and binding, subject only to limited review under the Federal Arbitration Act.

18.3 Class Action Waiver

YOU AND KONFETTI EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN CLASS-ACTION LAWSUITS OR CLASS-WIDE ARBITRATIONS. All disputes must be brought in each party's individual capacity.

18.4 Exceptions

Either party may bring an individual action in small claims court. Either party may seek emergency injunctive relief in any court of competent jurisdiction to protect intellectual property rights pending arbitration.

18.5 Severability

If this Section 18 is found unenforceable in part, that part will be severed and the remainder will remain in effect, except that if the class action waiver is found unenforceable, the entire arbitration provision will be void.

19. Governing Law

These Terms and any disputes shall be governed by the laws of the Commonwealth of Virginia, without regard to conflict-of-law principles, except that the Federal Arbitration Act governs Section 18. To the extent court proceedings are permitted, you consent to the exclusive jurisdiction of the state and federal courts located in Virginia.

20. Modifications to Terms

Konfetti may modify these Terms at any time. We will provide notice of material changes by posting the updated Terms with a new "Last updated" date and/or emailing you at your registered address. Your continued use of the Platform after the effective date constitutes acceptance of the modified Terms. If you disagree, you must stop using the Platform.

21. General Provisions

21.1 Entire Agreement

These Terms, together with the Privacy Policy and any additional feature-specific terms, constitute the entire agreement between you and Konfetti regarding the subject matter hereof.

21.2 Severability

If any provision is held invalid or unenforceable, it will be enforced to the maximum extent permissible, and the remaining provisions remain in full force.

21.3 Waiver

Konfetti's failure to enforce any right or provision will not be deemed a waiver of that right or provision.

21.4 Assignment

You may not assign these Terms or your rights without Konfetti's prior written consent. Konfetti may freely assign these Terms.

21.5 Contact

Questions about these Terms: legal@konfettiapp.com  ·  konfettiapp.com