Merchandise Terms of Service
Last Updated: October 30, 2026
These Merchandise Terms of Service are between you and Fourthwall, Inc. (“Fourthwall,” “we,” or “us”), who acts as the online merchandizing partner for the creator or brand on whose website you are making a purchase, and the merchant seller of all products and services offered on that website (“Site”). Your order, purchase, use, and return of, and customer service associated with, the products and services offered on the Site (collectively, the “Service”) are governed by these Terms of Service. These Merchandise Terms of Service are a legally binding contract between you and Fourthwall regarding your use of the Service. For the avoidance of doubt, these Terms apply only to your purchase of any Products and Memberships on the Site and do not apply to your use of or interaction with such Products or Memberships or with any other feature on the Site.
We may update these Merchandise Terms of Service and our Merchandise Privacy Policy (collectively, the “Terms”) from time to time by posting a revised version, which will be effective upon being posted. By continuing to use the Service after the Terms have been updated, you agree to the updated Terms.
PLEASE READ THE FOLLOWING TERMS CAREFULLY.
BY ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THESE TERMS. IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE. YOUR USE OF THE SERVICE, AND OUR PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY US AND BY YOU TO BE BOUND BY THESE TERMS.
1. Service Overview.
We act as the online merchandizing partner to the creator or brand on whose Site you are making a purchase (“Brand Partner”). Brand Partner offers a website where you can view and order merchandise that they design. While Brand Partner designs the products available for sale on the Site, including digital products, these products are offered and sold by Fourthwall (“Products”). In addition, you may also purchase from us as a reseller, Brand Partner memberships, which include certain benefits provided by Brand Partner (“Memberships”).
2. Eligibility.
You must be at least 13 years old to purchase Products or Memberships. By agreeing to these Terms, you represent and warrant to us that you are at least 13 years old, and your purchase of Products or Memberships is in compliance with any and all applicable laws and regulations. If you are an entity or organization, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.
3. Product Purchases and Donations
3.1. Payment Authorization. When you purchase a Product or Membership or make a donation to Brand Partner, you authorize us to charge the payment method you have selected for your purchase for the amount disclosed to you on the check-out page.
3.2. Returns and Refunds. We will accept all returns for defective Products made within 30 days of the date of delivery (“Returns”) or as otherwise required by applicable law. We will either, at our sole option, replace the defective Product at our expense or issue you a full refund for the Return and will pay for the return shipping of any Return if such shipping is required. We will not accept any returns of, nor issue any refunds for, any Products that are not defective unless otherwise required by applicable law or as expressly set forth herein.
3.3. Shipping and Delivery. All Products purchased through the Service will be shipped according to the terms provided at the time of purchase to the shipping address you provide to us. You will be responsible for all shipping costs, which will be specified for you at checkout.
3.4. EU, EEA, and UK Right of Withdrawal.
3.4.1. If you are a consumer residing in the European Union, the European Economic Area, or the United Kingdom, you may have a statutory right to withdraw from or cancel your contract for eligible physical and digital goods within 14 days of delivery, or from a new Membership within 14 days of purchase, without giving a reason. If your order is delivered in more than one shipment, the 14 days run from delivery of the last item. You can withdraw from your entire order or from specific items.
3.4.2. To exercise this right, where available, you may use the withdrawal function made available on your post-purchase Order Status, “View or manage your order,” or similar page and follow the prompts to confirm your withdrawal. You can also let us know by email to withdrawal@fourthwall.com or through our contact form on the Site, including your order number. You can use the model withdrawal form at the end of these Terms, but you don’t have to; any clear statement that you’re withdrawing is enough.
3.4.3. The right of withdrawal doesn’t apply to certain products, including goods that are made to your specifications or are clearly personalized, such as items featuring custom text, bespoke measurements, or uploaded images you select. It also doesn’t apply to digital goods once you start downloading or accessing them, if you agreed to immediate access and acknowledged that you would lose this right.
3.4.4. You’ll need to send the items back to the address we give you within 14 days of withdrawing. You’re responsible for the direct cost of returning them.
3.4.5. If you validly withdraw, we’ll refund the purchase price and standard outbound delivery costs (not any extra cost for choosing a more expensive delivery method) within 14 days of receiving your withdrawal. We may withhold the refund until we receive the items or you show us evidence that you’ve sent them, whichever comes first. Where permitted by law, we may reduce your refund for diminished value resulting from handling beyond what’s necessary to establish the nature, characteristics, and functioning of the goods (for example, trying on a garment is fine, but wearing it or removing its tags is not).
3.5. EU Legal Guarantee. If you are a consumer in the European Union or the European Economic Area, the EU notice below applies to physical Products. Digital Products also have a legal guarantee of conformity under EU law.
4. Memberships.
The following terms will apply only to your purchase of a Membership from the Site:
4.1. Membership Benefits. Fourthwall acts as reseller with respect to Memberships offered by Brand Partner. If you purchase a Membership, your Membership benefits will be displayed to you on the Site. Any benefits of your Membership are provided to you exclusively by your Brand Partner and not by Fourthwall, and Fourthwall is not responsible to you if Brand Partner fails to make any Membership benefits available to you. Your use and access to the Site, including your use of any Membership benefits, may require you to accept additional terms from the Brand Partner.
4.2. Accounts and Registration. To purchase any Membership, you must register for a Membership account (“Account”). When you register for an Account, you may be required to provide some information about yourself, such as your name, email address, or other contact information. You agree that the information you provide is accurate and that you will keep it accurate and up-to-date at all times. When you register for an Account, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your Account and password, and you accept responsibility for all activities that occur under your Account, regardless of whether you authorize that activity. If you believe that your Account is no longer secure, then you must immediately notify us using the Site’s contact form or support email address.
4.3. Membership Price. The price of your Membership will be displayed to you when you make a purchase. Fourthwall may change the price to continue your Membership from time to time, and will provide you advance notice of any change in Membership fees by sending an email to the email address identified in your Account. It is important for you to keep your email address up-to-date and review any notices emailed to you regarding any change in Membership fees. Fourthwall will use commercially reasonable efforts to ensure that any updated fees will also be posted on the Site. If you do not agree to any increased price, you must cancel your Membership, and if you do not cancel, you are authorizing us to charge you the updated Membership fee amounts.
4.4. Payment Authorization for Memberships. Memberships may include automatically recurring payments for periodic charges on a monthly or annual basis. Your “Membership Billing Date” is the date when you purchase the applicable Membership, and either monthly or annually thereafter, depending on the terms of your Membership. You authorize us, on each Membership Billing Date on an on-going basis and until cancellation of either the recurring payments or your Membership, to charge the payment method identified in your Account for all applicable fees and taxes with respect to your Membership, including any previously accrued and unpaid amounts. You may change the payment method that will be charged with respect to your Membership by logging into your Account. If your selected payment method for a Membership is a credit card, we may seek pre-authorization of your credit card prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase. Your payment method will be charged automatically on the Membership Billing Date all applicable fees and taxes for the next Membership period. The Membership will continue unless and until you cancel your Membership or we terminate it. You must cancel your Membership before it renews in order to avoid billing of the next periodic fee for such Membership. You may cancel the Membership by logging into your Account or by contacting us using the Site’s contact form or support email address.
5. Feedback.
If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Service or any Products or Memberships (“Feedback”), then you hereby grant us an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services, and the right to share the Feedback with the Brand Partner for purposes of improving their own products and services, including Memberships.
6. Proprietary Rights.
The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service, Products and Memberships (“Materials”) provided to you are protected by intellectual property and other laws. All Materials are the property of Fourthwall, Brand Partner or our or their third party licensors. Except as expressly authorized by us or Brand Partner, you may not make use of the Materials. We reserve all rights to the Materials not granted expressly in these Terms.
7. Prohibited Conduct.
BY USING THE SERVICE YOU AGREE NOT TO:
7.1. use the Service for any illegal purpose or in violation of any local, state, national, or international law;
7.2. violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;
7.3. interfere with security-related features of the Service, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;
7.4. interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Service; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;
7.5. perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Account without permission, or falsifying your age or date of birth;
7.6. sell or otherwise transfer the access granted under these Terms or any Materials or any right or ability to view, access, or use any Materials; or
7.7. attempt to do any of the acts described in this Section 7 or assist or permit any person in engaging in any of the acts described in this Section 7.
8. Data Use and Privacy Policies.
When you provide your information in connection with making a purchase through the Service or registering for an Account, you are providing that information to both Fourthwall and Brand Partner. By providing such information to Fourthwall or making a purchase through the Service, you hereby authorize Fourthwall to share your information with the applicable Brand Partner. Brand Partner’s use of your information is subject to the Brand Partner’s Privacy Policy available on the Site. Our use of your information is subject to our Merchandise Privacy Policy available at https://fourthwall.com/legal/merchandise-privacy-policy. Please read both our Merchandise Privacy Policy and the Brand Partner’s Privacy Policy carefully for information relating to collection, use, storage, and disclosure of your personal information. Our Merchandise Privacy Policy is incorporated by this reference into, and made a part of, these Terms.
9. Termination of Service or these Terms.
We may, at our sole discretion, terminate these Terms or suspend or terminate your Account or your access to the Service, at any time for any reason or no reason, with or without notice. You may terminate your account and these Terms at any time by contacting customer service using the Site’s contact form or support email address.
10. Effect of Termination.
Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Service; (b) you will no longer be authorized to access your Account or the Service; (c) you must pay us any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination and Sections 5, 6, 8, 11, 12, and 13 will survive.
11. Indemnity.
To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify us and our officers, directors, employees, consultants, affiliates, subsidiaries and agents from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your unauthorized use of, or misuse of, the Service; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
12. Disclaimers; No Warranties; Limitation of Liability
EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SERVICE AND ALL PRODUCTS AND MEMBERSHIPS OFFERED BY FOURTHWALL THROUGH THE SITE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. EXCEPT AS EXPRESSLY SET FORTH HEREIN, WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL PRODUCTS AND MEMBERSHIPS, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. FOURTHWALL DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY PRODUCTS OR MEMBERSHIPS WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND FOURTHWALL DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE BRAND PARTNER OR US OR ANY CONTENT AVAILABLE ON THE SITE WILL CREATE ANY WARRANTY REGARDING FOURTHWALL OR THE SERVICE, PRODUCTS OR MEMBERSHIPS THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE PRODUCTS OR MEMBERSHIPS AND YOUR DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PRODUCTS OR MEMBERSHIPS AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA, INCLUDING USER CONTENT.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL FOURTHWALL OR ANY OF ITS AFFILIATES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO THE SERVICE, ANY PRODUCTS OR MEMBERSHIPS, OR THESE TERMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FOURTHWALL HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF FOURTHWALL AND ITS AFFILIATES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE, ANY PRODUCTS OR MEMBERSHIPS, OR THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO FOURTHWALL UNDER THESE TERMS IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO THE CLAIM; OR (B) $100. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. NOTHING IN THESE TERMS EXCLUDES OR LIMITS FOURTHWALL’S LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE, FOR FRAUD OR FRAUDULENT MISREPRESENTATION, OR FOR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
TO THE EXTENT ANY APPLICABLE LAWS OR REGULATIONS, INCLUDING ANY STATE LAWS, DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, BASED ON YOUR RESIDENCE OR OTHERWISE, THE ABOVE LIMITATIONS OR EXCLUSIONS WILL NOT APPLY TO YOU.
THE LIMITATIONS IN THIS SECTION 12 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
13. Miscellaneous
13.1. General Terms. These Terms and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Fourthwall regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to”. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
13.2. Governing Law. These Terms are governed by the laws of the State of California without regard to conflict of law principles. You and Fourthwall submit to the personal and exclusive jurisdiction of the state courts and federal courts located within San Francisco County, California for resolution of any lawsuit or court proceeding permitted under these Terms.
13.3. Additional Terms. Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
13.4. Consent to Electronic Communications. By using the Service, you consent to receiving certain electronic communications from us as further described in our Merchandise Privacy Policy. Please read our Merchandise Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
13.5. Contact Information. If you have any questions or problems regarding the Products or Memberships, contact us using the Site’s contact form or support email address. To report content on a Site that you believe is illegal or violates our policies, including intimate images shared without consent, email legal@fourthwall.com as described in How to report a Fourthwall shop or content. Our EU Digital Services Act information explains our EU contact points, how we moderate content and how to challenge a decision.
13.6. Notice to California Residents. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.
13.7. No Support. We are under no obligation to provide support for the Service. In instances where we may offer support, the support will be subject to published policies.
13.8. International Use. The Service is controlled and operated from the United States. Access to the Service from countries or territories or by individuals where such access is illegal is prohibited.
Model Withdrawal Form
(Complete and return this form only if you wish to withdraw from the contract.)
— To: Fourthwall, Inc., 2041 East St. Suite 1090, Concord, California 94520, USA; withdrawal@fourthwall.com
— I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),
— Ordered on (*)/received on (*),
— Name of consumer(s),
— Address of consumer(s),
— Signature of consumer(s) (only if this form is notified on paper),
— Date
(*) Delete as appropriate.