Terms of Service

Last updated: 24 June 2026. Effective date: 1 July 2026.

These Terms of Service govern your use of the Pastel marketplace. Please read them carefully before using Our Service.

1 - Introduction and Acceptance

Welcome to Pastel, a live-shopping marketplace operated by Pastel Technologies Inc. ("Pastel," "we," "us," or "our"). Pastel connects buyers and sellers ("you," "users") to discover, showcase, and purchase products, including through live video shows and short-form stories, via our website at mypastel.com and our iOS and Android apps (together, the "Service").

By creating an account, accessing, or using the Service, you agree to these Terms of Service ("Terms") and to our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Service. You confirm your agreement at sign-up by checking the box that accepts these Terms and the Privacy Policy.

Important: These Terms contain a binding arbitration agreement and class-action waiver in Section 13. Please read Section 13 carefully. You may opt out of arbitration within 30 days of accepting these Terms by emailing [email protected].

2 - Eligibility and Accounts

2.1 - Minimum Age

You must be at least 18 years old to create an account, use the Service, purchase items, sell items, host live shows, participate in marketplace transactions, or receive payouts. Stripe, our payment processor, requires account holders to be 18 or older. The Service is not directed to anyone under 18, and we do not knowingly permit anyone under 18 to create an account. If we learn that a user is under 18, we will promptly delete their account and information.

2.2 - Account Registration

You may register with an email and password or through a third-party login (Google, Facebook, or Apple). You are responsible for the accuracy of your account information, for keeping your credentials secure, and for all activity under your account.

2.3 - Account Closure and Deletion

You may delete your account at any time from within the app, or request deletion if you cannot sign in. We process deletion requests as described in the Privacy Policy (generally within 30 days), subject to records we are required to retain by law.

3 - The Marketplace: How Pastel Works

Pastel is a venue that enables transactions between independent buyers and sellers. Our marketplace and transaction infrastructure is provided through Sharetribe. Pastel is not the seller of items listed by users, does not take title to items, and is not a party to the contract of sale between a buyer and a seller, except where expressly stated. Sellers are solely responsible for their listings, their products, fulfillment, and compliance with applicable law.

United States only. The Service is intended for users located in the United States. Unless Pastel expressly permits otherwise, sellers may list and ship items only within the United States, and buyers may purchase items only for delivery within the United States.

3.1 - Buyers

When you buy an item, you enter into a contract directly with the seller. You agree to pay the listed price plus any applicable taxes, shipping fees, and other disclosed charges. Title and risk transfer as described at checkout and under applicable law.

3.2 - Sellers

By listing items you represent and warrant that:

  • You own the item or have full legal authority to sell it.
  • The item is not stolen, counterfeit, infringing, illegally imported, subject to a lien, or prohibited by law or Pastel policy.
  • Your listing is accurate, not misleading, and does not misrepresent the item's age, origin, material, condition, provenance, or authenticity.
  • You will fulfill the order as described.
  • You will comply with all applicable consumer-protection, product-safety, tax, import/export, sanctions, and marketplace laws.

Pastel may remove any listing and suspend any account that violates these representations.

3.3 - Prohibited Items and Conduct

You may not list, sell, offer, ship, or promote any item that is illegal, stolen, counterfeit, infringing, unsafe, recalled, hazardous, or regulated unless you hold all required licenses and Pastel expressly permits it. Prohibited items include, without limitation:

  • Firearms, ammunition, weapons, and explosives.
  • Drugs and controlled substances.
  • Alcohol and tobacco.
  • Ivory and endangered-species materials.
  • Human remains.
  • Cultural heritage or archaeological items that cannot legally be sold or exported.
  • Nazi or extremist items.
  • Medical devices.
  • Recalled or hazardous products.
  • Any item restricted by sanctions, import/export law, or Pastel's Prohibited Items Policy (published at mypastel.com/prohibited-items).

You may not engage in fraud, fee avoidance, manipulation of reviews, harassment, or circumvention of the Service.

3.4 - No Authentication, Appraisal, or Valuation

Pastel does not authenticate, inspect, verify, certify, appraise, value, or guarantee any item listed by a seller. Pastel does not guarantee the age, origin, material, condition, provenance, rarity, creator, manufacturer, historical period, or market value of any item. Any listing information is provided by the seller or generated as a draft for seller review. Buyers are responsible for reviewing listings, asking questions, and making their own purchasing decisions.

4 - Listing Content and AI-Assisted Features

You retain ownership of the content you submit, subject to the license in Section 9.

4.1 - AI Assistance

Pastel offers an optional feature that uses a third-party generative-AI service (Google Gemini) to draft product titles and descriptions from the photos you upload. AI-generated text is a draft only. You are responsible for reviewing, verifying, and editing any AI-assisted content before publishing, and for ensuring it is accurate and not misleading. Pastel makes no warranty as to the accuracy of AI-generated output. See the Privacy Policy for how images submitted for this feature are processed.

You must not submit images that are private, confidential, contain sensitive personal information of third parties, or infringe any third-party rights unless you have all required rights and consents. AI output may be inaccurate and may suggest incorrect age, origin, material, or provenance. It must not be treated as authentication, appraisal, legal advice, tax advice, or valuation.

5 - Live Shows, Stories and Streaming

Sellers may host live video shows and post short-form "stories" and "highlights."

5.1 - Hosts

Hosts are responsible for the content of their broadcasts and must comply with these Terms and the content rules in Section 8.

5.2 - Viewers

Viewers may join live shows and interact. By participating you acknowledge that your interactions (e.g., chat, questions) may be visible to other participants and the host.

5.3 - Recording

Live shows may be recorded and stored, and recordings or clips may be made available for later viewing or promotion. By hosting or appearing in a live show, you consent to such recording and use. Do not broadcast content you do not have the right to share, and do not broadcast other people without their consent where consent is required.

6 - Payments, Fees and Payouts

6.1 - Payment Processing

Payments are processed by Stripe. By making or receiving payments you agree to Stripe's applicable terms. Pastel does not store full payment card numbers. You may pay by card and, on supported devices, by Apple Pay or Google Pay.

6.2 - Seller Payouts

Sellers receive payouts through Stripe Connect and must provide accurate identity and bank information and complete any required verification (KYC). Payouts are subject to Stripe's terms and to holds, reserves, or reversals as permitted by law or these Terms.

6.3 - Fees and Commissions

Pastel may charge service fees, commissions, and/or payment processing fees on transactions. Applicable fees are disclosed at checkout and in the seller dashboard. We may change our fees on prospective notice.

6.4 - Taxes

Pastel may calculate, collect, report, and remit applicable sales, use, marketplace facilitator, or similar taxes where required by law. Sellers remain responsible for any taxes, registrations, filings, income taxes, business taxes, or other obligations not collected or remitted by Pastel. Buyers are responsible for taxes shown at checkout.

6.5 - Discounts and Promotions

Promo codes and discounts are subject to their stated terms, expiration, and usage limits, and may be withdrawn or voided in cases of abuse.

7 - Orders, Refunds, Returns and Dispute Resolution

7.1 - Return and Refund Policy

Because Pastel is a venue and each sale is a contract directly between buyer and seller, the following return and refund rules apply to all orders unless a seller publishes more generous terms on a listing.

7.1.1 - Return Window

Buyers may request a return within 48 hours of confirmed delivery by opening a dispute through the in-app dispute process described in Section 7.4. This window matches the buyer confirmation window for payout release in Section 7.3, so seller payout is not released while a timely return request or dispute is open. Requests made after this window may be declined at the seller's discretion.

7.1.2 - Items Not as Described or Misrepresented

If an item arrives materially not as described, damaged, defective, or is the wrong item, the buyer is entitled to a return for a full refund, including original and return shipping. In these cases the seller pays return shipping. Buyers must provide supporting evidence, such as clear photographs of the item and packaging and a description of the issue, through the dispute process.

7.1.3 - Change-of-Mind Returns

Returns requested solely because a buyer has changed their mind are accepted only where a seller offers them on the listing. Where accepted, the buyer pays return shipping, the item must be returned unused and in its original condition, and any Pastel service fee may be non-refundable.

7.1.4 - Fragile, Final-Sale, and Non-Returnable Items

Sellers may designate certain items as final sale (for example, fragile antiques, custom or personalized items, or items clearly marked non-returnable), and change-of-mind returns will not apply to them. This does not limit a buyer's rights where an item is misrepresented, damaged in transit, or otherwise not as described, or any non-waivable rights under applicable consumer-protection law.

7.1.5 - Condition of Returned Items and Refunds

Returned items must be sent back within 7 calendar days of an approved return using a tracked shipping method. Refunds are issued to the original payment method once the return is confirmed or, in escalated cases, as determined by Pastel under Section 7.4, and are processed as described in Section 7.6.

7.2 - Order Confirmation and Fulfillment

When a buyer completes checkout, a binding contract of sale is formed directly between the buyer and seller. Sellers are responsible for fulfilling orders accurately and promptly. Pastel facilitates the transaction but is not a party to the sale.

7.3 - Delivery Confirmation and Payout Release

Seller payouts are released only after delivery is confirmed, as follows.

7.3.1 - Tracked Shipments (Shippo Auto-Tracking)

When a seller ships via Shippo, the system automatically monitors tracking status. Upon a "Delivered" status:

  • Pastel emails the buyer: "Your order has been delivered. If you have any issue, please contact the seller within 48 hours."
  • A 48-hour confirmation window begins from the moment of confirmed delivery.
  • If the buyer confirms receipt within 48 hours, the payout is released immediately.
  • If the buyer does not respond within 48 hours, the payout is released automatically.

7.3.2 - Manual Shipping with Tracking

When a seller provides a tracking link or tracking number and carrier, the system validates the tracking information at submission. Upon confirmed delivery by the carrier, the same 48-hour confirmation window and payout logic as 7.3.1 applies.

7.3.3 - Shipments Without a Tracking Number

When a seller ships without a tracking number and acknowledges the no-tracking flow, the following applies:

  • The seller must manually mark the order as "Delivered" in the app.
  • If the seller does not update the order status within 6 days of marking the order as shipped, Pastel will send the seller a reminder that payout is pending and the order status must be updated.
  • If the buyer confirms receipt at any point, the payout is released immediately.
  • If the buyer does not confirm receipt within 7 business days of the seller marking the order as delivered, the payout is released automatically after 7 business days.

7.3.4 - Mixed Orders (Multiple Shipments)

Where an order contains multiple items shipped separately, payout is fully held until all shipments show a "Delivered" status. The 48-hour buyer confirmation window begins only when the final shipment is confirmed as delivered. Per-shipment tracking status is visible to both buyer and seller in the app. Once all shipments are confirmed delivered, Pastel emails the buyer: "All items in your order have been delivered. If you have any issue, please contact the seller." The same 48-hour fork as 7.3.1 then applies.

7.3.5 - Shipping Exceptions

If a tracked shipment shows a failed, returned, or undeliverable status, or if a manually provided tracking link becomes invalid or unverifiable, the payout is held and the seller is notified to resolve the issue before payout can be released. Pastel is not liable for carrier delays, errors, or failures.

7.4 - Buyer Dispute Process

If a buyer has an issue with an order (including item not received, item damaged, or wrong item received), the buyer may open a dispute through the in-app dispute process. The following process applies.

7.4.1 - Direct Resolution

Upon a dispute being opened, the buyer and seller may communicate directly via in-app messaging to resolve the issue. The seller may either:

  • Decline the dispute and close it without a refund; or
  • Submit a refund offer (full or partial) to the buyer.

7.4.2 - Timelines

  • The seller must respond to a dispute (by declining or submitting a refund offer) within 3 business days of the dispute being opened. Failure to respond within this period may result in the dispute being automatically escalated to Pastel for review.
  • The buyer must accept or reject a seller's refund offer within 48 hours. If the buyer does not respond within 48 hours, the offer is deemed rejected and the dispute is automatically escalated to Pastel.
  • A maximum of two rounds of refund offers may be exchanged between buyer and seller. If no resolution is reached after two offers, the dispute is automatically escalated to Pastel.

7.4.3 - Escalation to Pastel

If a dispute is escalated, whether by buyer action, seller non-response, or the expiry of offer windows, Pastel's support team will review the case and issue a resolution (full refund, partial refund, or no refund) within 5 business days of escalation. During this period, any payout to the seller for the disputed amount is held. Pastel's decision on escalated disputes is final and binding on both parties, subject to applicable consumer protection law.

7.4.4 - Maximum Hold Period

In no event will Pastel hold disputed funds for more than 30 days from the date of escalation, except where required by applicable law, an active chargeback proceeding, Stripe requirements or payment-network rules, fraud investigation, sanctions screening, risk review, suspected policy violation, tax or legal obligations, or a legal or regulatory request. Pastel is not a bank, escrow agent, money transmitter, trustee, or stored-value provider. No interest accrues on held funds.

7.4.5 - Seller Declines Without Refund

If a seller declines a dispute without offering a refund and the buyer disagrees with this outcome, the buyer may contact Pastel at [email protected] to request a review. Pastel may, at its discretion, intervene and escalate the case to the process described in 7.4.3 above.

7.5 - Partial Refunds

Buyers and sellers may agree to a partial refund at any stage of the dispute process. Partial refund amounts are agreed between the parties or, in escalated cases, determined by Pastel.

7.6 - Refund Processing

Approved refunds are processed back to the buyer's original payment method. Refund processing times depend on the buyer's card issuer and are typically 5–10 business days after Pastel initiates the refund. Pastel is not responsible for delays caused by banks or card networks.

7.7 - Chargebacks

If a buyer initiates a chargeback through their bank or card issuer instead of using the in-app dispute process, Pastel will respond to the chargeback in accordance with Stripe's and the applicable card network's rules. Sellers may be responsible for chargeback fees where the chargeback is determined to be valid. Pastel reserves the right to hold or reverse seller payouts to cover chargeback amounts.

7.8 - Relationship to Stripe

All payment holds, refunds, and payouts are executed through Stripe. Pastel's ability to release, hold, or reverse funds is subject to Stripe's terms and any applicable regulatory requirements. In the event of a conflict between these Terms and Stripe's terms regarding fund handling, Stripe's terms govern with respect to the mechanics of payment processing.

7.9 - INFORM Consumers Act Compliance

Sellers who meet applicable high-volume seller thresholds under the INFORM Consumers Act or similar laws must provide all required identity, contact, bank, and tax information upon request. Pastel may collect, verify, and where required by law disclose certain seller information to consumers or authorities. Pastel may suspend seller accounts or withhold payouts where sellers fail to provide required verification. Buyers may report suspicious marketplace activity to [email protected].

8 - Community and Acceptable Use

You agree not to use the Service to:

  • Violate any law or third-party right.
  • Post content that is unlawful, infringing, defamatory, obscene, hateful, or harassing.
  • Impersonate others.
  • Spam or distribute malware.
  • Scrape or harvest data.
  • Interfere with the Service's operation or security.
  • Circumvent fees or access controls.

We may remove content and suspend or terminate accounts that violate these Terms.

9 - User-Generated Content and License Grant

You retain ownership of content you submit (listings, photos, videos, stories, live broadcasts, messages, and reviews, collectively "User Content"). You grant Pastel a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, modify (e.g., resize/transcode), publicly display and perform, and distribute your User Content for the purposes of operating, providing, and promoting the Service. This license ends when your User Content is removed, except for (a) content others have shared or saved, (b) residual backup copies, and (c) recordings of live shows retained as described in Section 5.

You represent and warrant that you own or have the necessary rights to your User Content and that it does not infringe or violate any third-party rights or any law.

10 - Third-Party Services

The Service relies on and links to third-party services (e.g., Stripe, Sharetribe, Google/Firebase, Apple, Facebook, Google Maps, Mailgun). Your use of those services may be governed by their own terms and privacy policies. Pastel is not responsible for third-party services.

11 - Intellectual Property of Pastel

The Service, including its software, design, trademarks, and content we provide (excluding User Content), is owned by Pastel or its licensors and protected by law. We grant you a limited, revocable, non-transferable license to use the Service for its intended purpose. You may not copy, modify, reverse-engineer, or create derivative works except as permitted by law.

12 - Disclaimers and Limitation of Liability

12.1 - "As Is" Disclaimer

The Service is provided "as is" and "as available," without warranties of any kind, to the maximum extent permitted by law. Pastel does not warrant that listings, sellers, or buyers are legitimate, or that the Service will be uninterrupted or error-free.

12.2 - Marketplace Risk

Because Pastel is a venue, we are not responsible for the acts or omissions of buyers or sellers or for the quality, safety, legality, or delivery of items.

12.3 - Limitation of Liability

To the maximum extent permitted by law, Pastel will not be liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits or data. Our aggregate liability for any claim relating to the Service is limited to the greater of the amounts you paid to Pastel in the 12 months before the claim, or USD $100, whichever is greater. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

12.4 - Indemnification

You agree to defend, indemnify, and hold harmless Pastel Technologies Inc., its officers, directors, employees, contractors, affiliates, service providers, and agents from and against any claims, damages, losses, liabilities, costs, and expenses, including reasonable attorneys' fees, arising from or related to your listings, products, User Content, sale or purchase activity, taxes, shipping, authenticity or condition claims, intellectual-property infringement, violation of law, violation of these Terms, disputes with another user, chargebacks, refunds, or misuse of the Service.

13 - Dispute Resolution: Binding Arbitration and Class-Action Waiver

13.1 - Binding Arbitration

Except for the matters below, any dispute arising out of or relating to these Terms or the Service shall be resolved by final and binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in court. Either party may bring an individual claim in small-claims court.

13.2 - Class-Action Waiver

You and Pastel agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. The arbitrator may not consolidate more than one person's claims.

13.3 - 30-Day Opt-Out

You may opt out of this arbitration agreement within 30 days of first accepting these Terms by emailing [email protected] with your name and account email. Opting out does not affect any other part of these Terms.

13.4 - Exceptions

Nothing here prevents either party from seeking injunctive relief for intellectual-property infringement or from reporting violations to authorities.

14 - Termination

We may suspend or terminate your access to the Service at any time for violation of these Terms or to protect the Service or other users. You may stop using the Service and delete your account at any time. Sections that by their nature should survive termination (including 9, 11, 12, and 13) survive.

15 - Changes, Governing Law, and Miscellaneous

15.1 - Changes to these Terms

We may update these Terms. Material changes will be notified by in-app notice and will take effect on the stated effective date. Continued use of the Service after the effective date constitutes acceptance of the updated Terms.

15.2 - Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-laws rules, except where superseded by mandatory local consumer law.

15.3 - Severability and Assignment

If any provision is unenforceable, the rest remains in effect. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.

15.4 - Entire Agreement

These Terms and the Privacy Policy are the entire agreement between you and Pastel regarding the Service.

16 - Contact

Questions about these Terms: