Terms of Service

1. Acceptance of Terms

These Terms of Service (“Terms”) are a legally binding agreement between you (“User,” “you,” or “your”) and All Fair, Inc., a Delaware corporation doing business as All Fair, operated by Illuminating Impact LLC (“All Fair,” “Company,” “we,” “us,” or “our”). By creating an account, accessing, or using the All Fair platform, website (all-fair.com), mobile applications, APIs, or any related services (collectively, the “Service”), you acknowledge that you have read, understood, and agree to be bound by these Terms.

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

We reserve the right to modify these Terms at any time. Material changes will be communicated via email or a prominent notice on the Platform at least thirty (30) days before they take effect. Your continued use of the Service after the effective date constitutes your acceptance of the revised Terms.

2. Definitions

“Platform” refers to the All Fair web application, mobile applications, APIs, integrations, and all related technology infrastructure.

“User” means any individual or entity that creates an account or accesses the Service.

“Vendor” refers to a User who lists, sells, or offers products or services through the Platform.

“Organizer” refers to a User who manages markets, fairs, festivals, or similar events through the Platform.

“Content” means any text, images, data, product listings, descriptions, reviews, messages, or other materials uploaded, posted, or transmitted through the Service.

“Subscription” means a recurring paid plan for access to Platform features.

“Transaction” means any sale, purchase, or exchange of goods or services facilitated through the Platform.

“Seller Customer Data” means any personal information about a Vendor’s own customers that the Vendor uploads, enters, or otherwise submits to the Platform.

3. Eligibility

You must be at least eighteen (18) years of age and legally capable of entering into a binding contract under the laws of your jurisdiction. By using the Service, you represent and warrant that you meet these requirements.

If you are accessing or using the Service on behalf of a business, organization, or other legal entity, you represent and warrant that you are authorized to bind that entity to these Terms, and references to “you” shall include both you individually and the entity you represent.

All Fair is currently available to businesses and individuals located in the United States. We may expand availability to additional regions in the future, subject to applicable laws and regulations.

4. Account Registration & Security

To access certain features of the Service, you must create an account by providing accurate, current, and complete information, including your full legal name, valid email address, business name and address, and other information as requested during registration.

You are solely responsible for maintaining the confidentiality of your account credentials. You agree to notify us immediately at info@all-fair.com of any unauthorized access to or use of your account. All Fair shall not be liable for any loss or damage arising from your failure to safeguard your credentials.

You are responsible for all activity that occurs under your account. You may not share credentials with any third party, create multiple accounts for deceptive purposes, or use another User’s account without their express permission.

We reserve the right to suspend or terminate any account that we reasonably believe contains inaccurate information, violates these Terms, poses a security risk, or has been inactive for twelve (12) consecutive months.

5. Permitted Uses

You may use the Service solely for lawful business purposes in accordance with these Terms. Permitted uses include: managing product listings and inventory; processing sales and payments; analyzing business performance using Platform analytics and AI tools; discovering, applying to, and managing participation in markets, fairs, and festivals; communicating with customers through Platform messaging features; generating shipping labels and managing fulfillment; and accessing financial planning and forecasting tools.

6. Prohibited Conduct

You agree not to, and will not assist, encourage, or enable any third party to: (a) use the Service for any unlawful purpose or in violation of any applicable local, state, national, or international law or regulation; (b) sell, list, or advertise prohibited products or services (see Section 21); (c) engage in fraud, deception, or misrepresentation of any kind; (d) harass, threaten, stalk, or intimidate any other User or Platform personnel; (e) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or underlying algorithms of the Service; (f) interfere with, disrupt, or place an unreasonable burden on the Service or its infrastructure; (g) scrape, data mine, or use automated means to access the Service without our express written consent; (h) transmit any viruses, malware, or other harmful code; (i) impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity; (j) circumvent any access controls, rate limits, or security measures of the Service; or (k) use the Service to compete directly with All Fair or to develop a competing product or service.

7. User Content & Responsibilities

You are solely responsible for all Content you upload, post, transmit, or otherwise make available through the Service, including product listings, descriptions, images, pricing information, and business data. You represent and warrant that: (a) you own or have obtained all necessary rights, licenses, and permissions to submit such Content; (b) your Content does not infringe, violate, or misappropriate any third party’s intellectual property, privacy, publicity, or other rights; and (c) your Content is accurate, not misleading, and complies with all applicable laws and regulations.

We do not pre-screen all User Content but reserve the right to review, modify, refuse, or remove any Content that, in our sole judgment, violates these Terms, applicable laws, or our community standards. We are not responsible for any Content submitted by Users.

8. Vendor Customer Data & Data Responsibility

When a Vendor inputs Seller Customer Data into the Platform – such as customer lists, contact information, or transaction histories – the following applies:

All Fair acts as a data processor with respect to Seller Customer Data, processing it solely to deliver the Service to the Vendor.

The Vendor is the data controller for Seller Customer Data and bears primary responsibility for the privacy rights of those customers.

Vendors represent and warrant that they have obtained all necessary authorization, consent, or other lawful basis required under applicable privacy law before sharing Seller Customer Data with All Fair.

Vendors must not upload Seller Customer Data in excess of what is necessary for the features they are using.

All Fair’s use of Seller Customer Data is limited to providing and improving the contracted Service and does not include use for All Fair’s own independent marketing, advertising, or commercial purposes. See our Privacy Policy for further detail on our role as data processor.

9. AI-Powered Features & Disclaimers

The Service includes artificial intelligence and machine learning-powered features, including: pricing recommendations and optimization suggestions; market matching and discovery; business performance insights and forecasting; customer messaging recommendations; product recognition tools; and voice AI assistance.

AI-generated outputs are provided for informational and decision-support purposes only. They are based on algorithms, models, and available data, and may contain errors, inaccuracies, or biases. You acknowledge and agree that: (a) AI outputs should not be relied upon as the sole basis for any business, financial, legal, or operational decision; (b) you are ultimately responsible for all business decisions, even those informed by AI recommendations; (c) All Fair does not guarantee the accuracy, completeness, or reliability of any AI-generated output; and (d) AI models and outputs may change over time as we improve the Service.

Where an automated process produces a decision that materially affects your account (such as suspension based on fraud detection), you have the right to request human review of that decision. To exercise this right, contact us at info@all-fair.com with the subject line “Automated Decision Review.” See our Privacy Policy, Section 37, for further detail on your rights regarding automated decision-making.

10. Subscription Plans & Fees

Certain features of the Service require a paid Subscription. By subscribing, you agree to pay the applicable fees as displayed on our Pricing page at the time of purchase. Unless otherwise stated, fees are quoted in U.S. dollars and are exclusive of applicable taxes.

Subscriptions are billed in advance on a recurring basis – monthly or annually, depending on the plan you select. You authorize us to automatically charge your designated payment method for all applicable Subscription fees, taxes, and any other charges incurred in connection with your use of the Service.

We may adjust Subscription pricing from time to time. Any price increase will take effect at the beginning of your next billing cycle following at least thirty (30) days’ prior written notice. If you do not agree to the revised pricing, you may cancel your Subscription before the next billing cycle begins.

11. Free Trials & Promotions

We may offer free trials or promotional pricing at our discretion. At the end of a free trial period, your Subscription will automatically convert to a paid plan at the standard rate unless you cancel before the trial ends. We reserve the right to limit free trial eligibility to one trial per User, per household, or per business entity.

12. Cancellation & Refunds

You may cancel your Subscription at any time through your account settings or by contacting us at info@all-fair.com. Cancellation takes effect at the end of the current billing period – you will retain access to paid features until that date.

We do not provide refunds for partial billing periods, unused time, or unused features, except where required by applicable law. If you believe you have been charged in error, please contact us within sixty (60) days of the charge and we will investigate.

13. Payment Processing & Transactions

Payment processing services for Vendors are provided by third-party payment processors. By using the payment features, you agree to be bound by the applicable payment processor’s terms and conditions, as may be modified from time to time.

All Fair acts as a technology provider and is not a party to Transactions between Vendors and their customers. Vendors are solely responsible for product quality, accurate descriptions, regulatory compliance, fulfillment, and customer service. Transaction fees may apply as described on our Pricing page.

We are not responsible for payment disputes, chargebacks, or refund requests between Vendors and their customers, although we may provide tools to assist in resolving such disputes.

14. Taxes

You are solely responsible for determining and fulfilling your tax obligations, including the collection and remittance of any applicable sales tax, use tax, VAT, or other taxes arising from your use of the Service or your Transactions. All Fair does not provide tax advice and is not responsible for your tax compliance.

Information provided by the Service regarding tax rates, categories, or calculations is for informational purposes only and should not be relied upon as tax guidance. We encourage you to consult with a qualified tax professional regarding your specific obligations.

15. Our Intellectual Property

The Service – including its design, user interface, source code, algorithms, machine learning models, documentation, graphics, logos, trademarks, and all related content – is owned by All Fair, Inc. and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

You may not copy, modify, adapt, reproduce, distribute, display, publish, license, create derivative works from, transfer, or sell any part of the Service without our prior written consent. The All Fair name, logo, and all related marks are our trademarks. You may not use such marks without our prior written permission.

16. Your Content License

You retain full ownership of all Content you submit to the Service. By submitting Content, you grant All Fair a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, display, and distribute such Content solely for the purposes of operating, improving, and promoting the Service.

This license survives termination of your account only to the extent necessary to allow us to fulfill our obligations (for example, displaying previously listed products in Transaction histories). You may request deletion of your Content by contacting us, subject to any legal or operational retention requirements described in our Privacy Policy.

17. DMCA & Intellectual Property Complaints

If you believe that Content on the Service infringes your copyright or other intellectual property rights, please submit a notice to info@all-fair.com containing: (a) a description of the copyrighted work or other intellectual property you claim has been infringed; (b) a description of the alleged infringing Content and its location on the Service; (c) your contact information; (d) a statement that you have a good-faith belief that the use is not authorized; and (e) a statement under penalty of perjury that the information is accurate and that you are authorized to act on behalf of the rights owner.

We will review valid notices and may remove or disable access to the allegedly infringing Content. Repeat infringers may have their accounts terminated.

18. Feedback

If you provide us with any feedback, suggestions, ideas, or recommendations regarding the Service (“Feedback”), you acknowledge that such Feedback is voluntary and you grant us an irrevocable, perpetual, worldwide, royalty-free license to use, modify, and incorporate such Feedback into the Service without any obligation or compensation to you.

19. Vendor Obligations

If you use the Service as a Vendor, you agree to: (a) provide accurate and complete product descriptions, images, and pricing; (b) fulfill all orders promptly and in accordance with the representations made in your listings; (c) comply with all applicable federal, state, and local laws regarding the sale of your products, including food safety regulations, labeling requirements, cottage food laws, and consumer protection statutes; (d) maintain appropriate licenses, permits, and insurance required for your business activities; (e) respond to customer inquiries and resolve disputes in a timely and professional manner; (f) handle any Seller Customer Data you enter into the Platform in compliance with applicable privacy law, having obtained all necessary customer authorization (see Section 8); and (g) comply with All Fair’s community standards and marketplace guidelines as published from time to time.

20. Market Organizer Obligations

If you use the Service as an Organizer, you agree to: (a) provide accurate information about your market, fair, or festival, including dates, locations, fees, and application requirements; (b) treat Vendor applications fairly and communicate decisions in a timely manner; (c) comply with all applicable laws and regulations governing your event, including permits, insurance, and safety requirements; and (d) not use information obtained through the Platform to contact Vendors for purposes unrelated to your listed event without their consent.

21. Prohibited Products & Services

The following categories of products and services are strictly prohibited from being listed, sold, or advertised on the Platform:

All Fair reserves the right to remove any listing and suspend or terminate any account involved in the sale or promotion of prohibited products, without prior notice and without liability.

22. Shipment & Fulfillment

If you use the Platform’s shipment features, you are solely responsible for: (a) accurately packaging and labeling all shipments in compliance with carrier requirements and applicable regulations; (b) ensuring that products shipped comply with all applicable laws, including hazardous materials regulations; (c) handling delivery failures, lost or damaged shipments, and customer claims; and (d) maintaining accurate tracking information and communicating shipping status to customers.

Shipping rates, carrier availability, and delivery estimates provided through the Platform are approximate and subject to change. All Fair is not a shipping carrier and does not guarantee delivery times or outcomes.

23. Account Verification (KYC)

To comply with applicable regulations and maintain Platform integrity, we may require Users to provide identity verification information, including: full legal name and contact information; business name, address, and entity type; government-issued identification; EIN or SSN (if required by law or payment processor requirements); and bank account details for payment features.

Identity information may be verified through third-party identity verification and fraud prevention services. Access to certain features, including payment processing and marketplace participation, may be restricted until verification is satisfactorily completed. You are responsible for keeping all verification information accurate and up to date.

24. U.S. Sanctions & Restricted Jurisdictions

All Fair complies with U.S. sanctions laws administered by the Office of Foreign Assets Control (OFAC). The Service is not available to individuals or entities located in, organized under the laws of, or resident in the following jurisdictions:

Restricted Jurisdictions

• Cuba
• North Korea (DPRK)
• Iran
• Syria
• Russia
• Belarus
• Myanmar (Burma)
• Venezuela
• Sudan
• Crimea (Ukraine region)
• Donetsk People’s Republic
• Luhansk / Kherson / Zaporizhzhia regions

Individuals listed on U.S. sanctions lists, including the OFAC Specially Designated Nationals (SDN) List and Sectoral Sanctions Identifications (SSI) List, are prohibited from using the Platform. If we determine that a User is subject to sanctions, we will immediately suspend the account and may report the activity to relevant authorities.

25. Prohibited Financial Activities

You agree not to use the Service for any of the following: (a) money laundering or terrorist financing; (b) structuring transactions to evade reporting thresholds or regulatory requirements; (c) facilitating transactions with sanctioned parties, countries, or regions; (d) operating as an unlicensed money transmitter or payment instrument seller; (e) tax evasion, tax fraud, or fraudulent financial reporting; or (f) any other activity that violates applicable anti-money laundering (AML) or counter-terrorism financing (CTF) laws.

26. Enforcement & Reporting

If we identify or suspect any prohibited financial activity or compliance violation, we may, without prior notice: immediately suspend or terminate the offending account; freeze any funds held in connection with the account; file Suspicious Activity Reports (SARs) or other required reports with FinCEN or other regulatory authorities; cooperate fully with law enforcement investigations; and share relevant information with our banking and payment processing partners as required by law.

We are under no obligation to provide advance notice of or reasons for enforcement actions where doing so could compromise an investigation or violate applicable law.

27. Privacy Policy

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Our Privacy Policy describes the types of personal information we collect, how we use and share it, your rights regarding your data, and how we protect your information. By using the Service, you consent to the data practices described in our Privacy Policy.

Our Privacy Policy is available at all-fair.com and addresses, among other things: the categories of personal data we collect and our purposes for processing it; our role as data controller (for Seller data) and data processor (for Seller Customer Data); cookie and consent management practices, including our support for the Global Privacy Control (GPC) signal; your rights to access, correct, delete, and port your data; and our procedures for responding to data subject access requests (DSARs).

28. Data Retention on Termination

Upon termination or deletion of your account, we will handle your data in accordance with the retention schedule set out in our Privacy Policy (Section 28). Key retention periods include:

Account and identity data: deleted or anonymized within 30 days of account closure, except where legal obligations apply.

Financial transaction records: retained for a minimum of seven (7) years to comply with tax and financial regulations, after which they are anonymized or deleted.

Usage and analytics data: retained for up to 24 months on a rolling basis.

Support communications: retained for up to 3 years from last interaction.

You may request a copy or deletion of your personal data at any time by contacting info@all-fair.com with the subject line “Privacy Request.” Certain data cannot be deleted while required by law or needed to complete pending Transactions.

29. Data Ownership & Portability

You retain ownership of the business data you input into the Service, including product information, sales records, customer lists, and financial data. Upon request, we will provide you with an export of your data in a standard machine-readable format within a reasonable timeframe.

We may use anonymized and aggregated data derived from your use of the Service for analytics, benchmarking, product improvement, and research purposes. Such aggregated data will not identify you or your business.

30. Disclaimers

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY LAW, ALL FAIR DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT: (A) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) THE RESULTS OBTAINED FROM THE SERVICE WILL BE ACCURATE, RELIABLE, OR COMPLETE; (C) ANY ERRORS OR DEFECTS WILL BE CORRECTED; (D) THE SERVICE WILL BE COMPATIBLE WITH YOUR SYSTEMS OR DEVICES; OR (E) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.

ALL FAIR IS A TECHNOLOGY PLATFORM AND IS NOT A BANK, PAYMENT PROCESSOR, FINANCIAL INSTITUTION, FINANCIAL ADVISOR, TAX ADVISOR, LEGAL ADVISOR, OR INSURANCE PROVIDER. ANY FINANCIAL PROJECTIONS, ANALYTICS, OR AI-GENERATED RECOMMENDATIONS PROVIDED THROUGH THE SERVICE ARE FOR INFORMATIONAL PURPOSES ONLY AND DO NOT CONSTITUTE PROFESSIONAL ADVICE.

31. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ALL FAIR, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, USE, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR ACCESS TO OR USE OF THE SERVICE.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING UNDER OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO US DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

32. Indemnification

You agree to indemnify, defend, and hold harmless All Fair, Illuminating Impact LLC, and their respective affiliates, officers, directors, employees, agents, and successors from and against any and all claims, demands, actions, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from or relating to: (a) your access to or use of the Service; (b) your Content or Seller Customer Data; (c) your Transactions or business activities; (d) your violation of these Terms; (e) your violation of any applicable law, rule, or regulation; or (f) your infringement or misappropriation of any third-party rights.

33. Term

These Terms are effective from the date you first access or use the Service and continue until terminated by either party in accordance with this Section.

34. Termination by You

You may terminate your account at any time using the account deletion feature in your settings or by contacting us at info@all-fair.com. Termination does not relieve you of any obligations incurred prior to termination, including payment obligations, pending Transactions, and fulfillment commitments.

Following termination, you may request an export of your personal data or request deletion in accordance with Section 28 and our Privacy Policy.

35. Termination by Us

We may suspend or terminate your access to the Service immediately and without prior notice if: (a) you breach any provision of these Terms; (b) we are required to do so by law, regulation, or court order; (c) your conduct poses a security risk to the Service or other Users; (d) your account is involved in suspected fraudulent or illegal activity; or (e) we discontinue the Service or a material portion thereof.

We may also terminate your account for convenience upon thirty (30) days’ written notice.

36. Effects of Termination

Upon termination: (a) your right to access and use the Service will immediately cease; (b) any outstanding Subscription fees become immediately due and payable; (c) we will retain and handle your data in accordance with Section 28 and our Privacy Policy; and (d) all provisions of these Terms that by their nature should survive termination shall survive, including Sections relating to intellectual property, disclaimers, limitation of liability, indemnification, governing law, and dispute resolution.

37. Governing Law

These Terms and any dispute arising hereunder shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflict of law principles.

38. Dispute Resolution

Before initiating any formal proceeding, you agree to first attempt to resolve any dispute informally by contacting us at info@all-fair.com. We will attempt to resolve the dispute through good-faith negotiation for a period of at least sixty (60) days.

If informal resolution is unsuccessful, any dispute, claim, or controversy arising out of or relating to these Terms shall be resolved exclusively in the state or federal courts located in Cook County, Illinois. You consent to the personal jurisdiction and venue of such courts and waive any objection on the grounds of inconvenient forum.

39. Class Action Waiver

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND ALL FAIR AGREE THAT ANY PROCEEDINGS TO RESOLVE DISPUTES WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. NEITHER YOU NOR ALL FAIR WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY.

40. Force Majeure

All Fair shall not be liable for any failure or delay in performing its obligations under these Terms if such failure or delay results from circumstances beyond our reasonable control, including but not limited to: natural disasters, acts of war or terrorism, epidemics or pandemics, government actions or regulations, internet or telecommunications failures, power outages, or labor disputes.

41. Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.

42. Entire Agreement

These Terms, together with our Privacy Policy and any other policies or agreements referenced herein, constitute the entire agreement between you and All Fair with respect to the subject matter hereof and supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written.

43. Assignment

You may not assign or transfer these Terms or your rights or obligations hereunder without our prior written consent. All Fair may assign these Terms in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets without your consent.

44. Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. A waiver of any default is not a waiver of any subsequent default.

45. Notices

We may provide notices to you via email (to the address associated with your account), in-app notifications, or posting on the Platform. Notices sent by email are deemed received on the date sent. You may send notices to us at:

All Fair / Illuminating Impact LLC

Email: info@all-fair.com

Website: all-fair.com