Alloy & Ash operates a curated online marketplace through which independent makers, designers, fabricators, workshops, studios, and other third-party sellers (each, a "Maker") list, market, and sell furniture, home furnishings, and related goods (the "Products") to consumers and other buyers ("Buyers" and, together with Makers, "Users" and "you").

Alloy & Ash is a technology platform. We are not the manufacturer, importer, distributor, seller, warehouse operator, freight carrier, customs broker, installer, or fulfillment provider for any Product offered on the Platform, unless we expressly state otherwise in writing for a specific Product. Each sale of a Product is a transaction between the Buyer and the Maker. Alloy & Ash is not a party to that transaction.

We may facilitate the transaction by providing discovery, communication, embedded payment technology, listing tools, dispute-support workflows, editorial curation, marketing, and other platform services. Facilitation does not make us a seller, principal, or counterparty to any sale.

Buyers acknowledge and agree that:

• the Maker (not Alloy & Ash) is the seller of the Product;
• the sale contract for any Product is formed directly between the Buyer and the Maker, and is subject to the Maker's own policies, including the Maker's shipping, lead time, cancellation, return, repair, and warranty terms;
• Alloy & Ash does not manufacture, inspect, test, store, package, ship, install, or quality-control any Product, and does not guarantee the quality, safety, legality, accuracy of any listing, fitness for purpose, condition, lead time, dimensions, finish, or compliance of any Product;
• Alloy & Ash does not control Maker production timelines, freight booking, customs clearance, white-glove delivery scheduling, or post-delivery installation or service;
• Alloy & Ash is not responsible for resolving any dispute between a Buyer and a Maker, although we may, at our discretion, provide informal support to help the parties resolve disputes amicably.

Buyers further acknowledge that many Products offered through the Platform are handmade, made-to-order, custom, or produced using natural materials, and that finishes, grain, veining, coloration, texture, and dimensions may vary within commercially reasonable tolerances and may differ from photography or renderings. Such variation is inherent to the Products and is not a defect.

Many Products are custom, made-to-order, or otherwise produced specifically for a Buyer. For these Products:

• production and delivery timelines are estimates only and are not guaranteed;
• natural material variation, dimensional variation within commercially reasonable tolerances, and finish variation are expected;
• Products may differ from photography, samples, swatches, or renderings;
• cancellation, modification, return, and refund eligibility are set by the Maker and disclosed in the listing;
• unless the Maker states otherwise, custom and made-to-order Products are non-refundable.

Listings, photography, descriptions, dimensions, prices, lead times, and Product specifications are provided by Makers and are the Maker's responsibility. We may, but are not required to, edit listings for consistency, clarity, formatting, brand presentation, or compliance with these Terms or any Maker Policy. We may approve, reject, suspend, hide, or remove listings at our discretion.

When a Buyer submits an order through the Platform, the Buyer makes an offer to purchase from the Maker on the terms shown in the listing and at checkout. The contract between Buyer and Maker is formed when the order is accepted by the Maker, which may occur on confirmation, after a deposit is paid, after a custom approval, or as otherwise stated in the listing.

Alloy & Ash transmits orders, communications, and payment instructions between Buyer and Maker but is not a party to the sale.

Shipping, freight booking, customs clearance, packaging, in-home or white-glove delivery, installation, and post-delivery service are handled by the Maker (or the Maker's carriers) and not by Alloy & Ash, unless we expressly state otherwise in writing.

Delivery timelines shown on the Platform are estimates only and are not guaranteed. Buyers are responsible for inspecting Products upon delivery and reporting visible freight damage to the Maker and, where applicable, the carrier within the time periods disclosed in the listing or required by the carrier's terms.

Risk of loss and title to a Product transfer in accordance with the delivery terms agreed between the Buyer and the Maker (or, absent agreement, on delivery to the destination shown in the order).

Cancellation, return, refund, and warranty eligibility are determined by the Maker and disclosed in the listing. Many Products on the Platform are custom, made-to-order, or oversized and are non-returnable. The Maker is responsible for honoring any return, refund, repair, replacement, or warranty obligation.

Alloy & Ash does not guarantee any return, refund, repair, replacement, or warranty obligation of any Maker. We may, in our discretion and without obligation, assist Buyers and Makers in resolving disputes.

The Platform, including its design, layout, code, structure, text, graphics, photography (other than Maker-supplied images), logos, the names "Alloy & Ash" and "Alloy and Ash," and other trademarks, service marks, and trade dress (collectively, the "Platform IP"), is owned by Alloy & Ash or its licensors and is protected by intellectual property and other laws.

Subject to your continued compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Platform for its intended purposes. No other rights are granted.

Except as expressly permitted by these Terms or applicable law, you may not:

• copy, reproduce, mirror, frame, scrape, harvest, or republish the Platform or any portion of the Platform IP;
• copy, reuse, or republish listings, photography, or other Maker content displayed on the Platform;
• use the Platform or the Platform IP to train any artificial intelligence or machine learning model;
• use the Platform IP for any commercial purpose without our prior written permission;
• remove, alter, or obscure any copyright, trademark, or other proprietary notice.

You may submit messages, reviews, ratings, photographs, project details, inspiration materials, design briefs, and other materials to the Platform ("User Content"). You retain ownership of your User Content.

By submitting User Content, you grant Alloy & Ash and our affiliates a non-exclusive, worldwide, royalty-free, fully paid-up, sublicensable, and transferable license to host, store, reproduce, display, perform, distribute, adapt, create derivative works of, and otherwise use the User Content in connection with operating, providing, promoting, and improving the Platform and our business, including in marketing, editorial, advertising, and promotional materials, in any media now known or later developed.

You represent and warrant that:

• you own or have all necessary rights, licenses, consents, and releases to submit the User Content and to grant the license above;
• the User Content does not infringe, misappropriate, or violate any intellectual property right, right of publicity, right of privacy, or other right of any third party;
• the User Content does not violate any law or these Terms.

We may, but are not required to, monitor, edit, refuse, or remove User Content at our discretion.

You agree not to, and not to permit, encourage, or assist any third party to:

• use the Platform in violation of any law, regulation, or third-party right;
• infringe, misappropriate, or otherwise violate any intellectual property right or right of publicity or privacy;
• submit false, misleading, deceptive, or fraudulent information, including in listings, reviews, or communications;
• harass, threaten, defame, abuse, or discriminate against any person;
• circumvent the Platform, for example, by accepting, soliciting, or arranging payment for a Product outside the Platform, by directing or encouraging another User to communicate or transact off the Platform (including by email, phone, text, social media, or any other off-Platform channel) for the purpose of avoiding fees, by using contact information obtained through the Platform for marketing outside the Platform, or by listing a Product on the Platform and offering the same or substantially similar Product at a lower price off the Platform to a Buyer introduced through the Platform;
• include in any listing, message, packing slip, packaging, invoice, business card, or other material distributed in connection with a Platform transaction any link, URL, phone number, email address, QR code, or call to action that directs the recipient to transact directly with a Maker outside the Platform;
• reverse engineer, decompile, disassemble, or attempt to derive the source code of the Platform;
• interfere with, disrupt, overburden, or impair the Platform or any server, network, or system used to provide the Platform;
• introduce malicious code, viruses, worms, or other harmful or destructive material;
• use any robot, spider, scraper, or other automated means to access, copy, or extract content from the Platform;
• use the Platform to train any artificial intelligence or machine learning model;
• impersonate any person or misrepresent your affiliation with any person or entity.

The Platform may integrate, link to, or display content from third parties, including Payment Processors, freight and logistics providers, analytics providers, advertising platforms, communication tools, and embedded media. We do not control third-party services, and we are not responsible for their content, policies, practices, or any transactions you enter into with them. Your dealings with third parties are between you and the third party.

Our Privacy Policy describes how we collect, use, and share information. By using the Platform, you also agree that we and our service providers may send you transactional and service-related communications by email, in-platform message, or other means in connection with your account and your use of the Platform. You may receive marketing emails only if you have provided consent in accordance with applicable law and our Privacy Policy, and you may unsubscribe from marketing emails at any time using the unsubscribe link in those emails.

The Platform and all content, products, and services accessed through or made available on the Platform are provided "as is" and "as available," with all faults and without warranties of any kind, either express or implied. To the maximum extent permitted by applicable law, Alloy & Ash and its affiliates, officers, directors, employees, agents, suppliers, licensors, and service providers (collectively, the "Alloy & Ash Parties") disclaim all warranties, express, implied, statutory, or otherwise, including any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, reliability, quiet enjoyment, and any warranties arising out of course of dealing, usage, or trade.

Without limiting the foregoing, the Alloy & Ash Parties do not warrant that the Platform will be uninterrupted, secure, or error-free, that defects will be corrected, or that the Platform or the servers that make it available are free of viruses or other harmful components. The Alloy & Ash Parties make no warranty regarding any Product, Maker, listing, content, communication, or transaction, including with respect to quality, safety, legality, accuracy, lead time, condition, dimensions, finish, suitability, compliance, fitness for purpose, or non-infringement. Buyers assume all risk in dealing with Makers.

Some jurisdictions do not allow the exclusion of certain warranties, so some of these exclusions may not apply to you. In that case, the disclaimers in this Section apply to the maximum extent permitted by law.

To the maximum extent permitted by applicable law, in no event will the Alloy & Ash Parties be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, loss of revenue, loss of business, loss of opportunity, loss of goodwill, loss of data, loss of use, or cost of substitute goods or services, arising out of or in connection with these Terms or the Platform, however caused and whether based on contract, tort (including negligence), strict liability, statute, or any other legal theory, and even if the Alloy & Ash Parties have been advised of the possibility of such damages.

To the maximum extent permitted by applicable law, the total aggregate liability of the Alloy & Ash Parties to you for all claims arising out of or in connection with these Terms or the Platform will not exceed the greater of (a) the total amount of fees actually received by Alloy & Ash from or on account of you in the twelve (12) months immediately preceding the event giving rise to the claim, or (b) one hundred U.S. dollars ($100).

The limitations in this Section apply regardless of whether the alleged liability is based on contract, tort, negligence, strict liability, statute, or any other theory, and even if a remedy fails of its essential purpose. The limitations form an essential basis of the bargain between you and us.

Some jurisdictions do not allow the exclusion or limitation of certain damages. To the extent your jurisdiction does not allow these limitations, our liability is limited to the smallest extent permitted by law.

You agree to defend, indemnify, and hold harmless the Alloy & Ash Parties from and against any and all claims, demands, suits, actions, proceedings, liabilities, damages, losses, judgments, fines, penalties, costs, and expenses (including reasonable attorneys' fees and costs of investigation) arising out of or related to:

• your use of, or activities in connection with, the Platform;
• your violation of these Terms or any policy referenced in these Terms;
• your User Content;
• your violation of any law or any right of any third party, including any intellectual property, publicity, or privacy right;
• any transaction or dispute between you and a Maker or between you and a Buyer, including any claim relating to a Product, freight, delivery, installation, return, refund, repair, or warranty.

We may, at our option and expense, assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you will cooperate with us in asserting any available defenses. You will not settle any claim that affects the Alloy & Ash Parties without our prior written consent.

Please read this Section carefully. It affects your legal rights, including your right to file a lawsuit in court and to participate in a class action.

Alloy & Ash respects the intellectual property of others and complies with the Digital Millennium Copyright Act. To submit a notice of alleged infringement or a counter-notification, contact our designated agent at copyright@alloyandash.com. We will, in appropriate circumstances and in our discretion, terminate the accounts of repeat infringers.

You may stop using the Platform at any time and may close your account by contacting support@alloyandash.com. We may suspend or terminate your access to the Platform, in whole or in part, at any time, with or without notice and with or without cause. The provisions of these Terms that by their nature should survive termination will survive, including Sections 3, 7, 10 through 17, 18, 19, 21, 22, and 23.

We may modify these Terms from time to time. The "Effective Date" and "Last Updated" dates at the top of the Terms show when the Terms were last revised. Material changes will take effect upon posting unless we state otherwise. We will use commercially reasonable efforts to notify you of material changes, for example by email or by a notice on the Platform. Your continued use of the Platform after a change takes effect constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Platform.

Notices to you under these Terms may be given by email to the address on file for your account, by posting on the Platform, or by other reasonable means. Notices to us must be sent to legal@alloyandash.com and to Alloy and Ash, LLC, Attn: Legal, Austin, TX (full address to be posted on the Platform).

You consent to receive communications from us electronically. You agree that electronic communications, agreements, notices, disclosures, and other records satisfy any legal requirement that those communications would otherwise satisfy if they were in paper writing.