Terms of service

Terms of Service

Last updated: November 1, 2026

These Terms govern fermataritual.com and purchases through it. Premiumark Inc. operates the website as FERMATA Ritual. Our Returns & Refunds, Shipping, Purchase Options & Cancellations, Product Safety and Authorized Sellers & Resale policies form part of an accepted purchase agreement. Our Privacy Policy and Consumer Health Data Notice describe data handling and preserve applicable privacy rights. A mandatory legal rule prevails over an inconsistent general disclaimer.

PLEASE READ SECTION 15 CAREFULLY. IT REQUIRES MOST DISPUTES TO BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION, WAIVES CLASS ACTIONS AND JURY TRIALS, AND EXPLAINS HOW TO OPT OUT.

1. Definitions and agreement

“We”, “us”, “our” and “Company” mean Premiumark Inc. “Website” means fermataritual.com. “Services” means the Website and related shopping, account, digital-experience and customer-care services, including FERMATA Place. “Products” means goods offered for sale. “You” means the person using the Services or the organization that person represents.

You accept these Terms when, after being given conspicuous notice and access to them, you affirmatively agree through a checkbox, button or other clearly identified action. Merely visiting the website is not, by itself, affirmative acceptance of arbitration. Purchasers and account holders must be at least 18 and legally able to contract. If acting for an organization, you must have authority to bind it. Do not complete an acceptance or purchase if you do not agree.

2. Accounts and acceptable use

Provide accurate account, payment and delivery information and keep your login credentials confidential. You are responsible for activity under your account.

You may not misuse the Services, payment information or promotions; impersonate others; introduce malware; circumvent access controls; or interfere with security. Except as authorized by us or permitted by non-waivable law, automated extraction, scraping, bulk copying, database creation, or use of our protected content to train, fine-tune, evaluate or develop AI or machine-learning systems is prohibited. This does not prohibit ordinary accessibility tools or search-engine indexing within our published instructions. No license for AI use is granted by public access to content.

3. Products, safe use and assumption of risk

Product pages describe the goods, quantities and material characteristics. Display colors or minor non-material presentation details may vary; this does not permit us to supply materially different goods from those ordered. Heating temperature and duration vary with ambient conditions, clothing and use. Individual heat sensitivity also varies. A stated heating duration is not a safe-wear guarantee or permission to exceed the label’s use limit.

MIST 01, CLOUD 02 and LOOP 03 are single-use, air-activated warming products intended for personal warmth and comfort. They are not intended to diagnose, treat, cure or prevent any disease, and website content is not medical advice. Before each use, you must read and follow the directions and warnings on the pack and in our Product Safety policy, which form part of these Terms.

Heat products can cause burns, including low-temperature burns. Read all warnings and use the Products only as directed. To the extent permitted by law, you are responsible for loss caused by your misuse, alteration, prohibited resale or failure to follow directions, and we may rely on those facts in defending a claim. This is not a waiver of liability for a product defect, inadequate warning, our negligence or other responsibility that the law does not allow us to exclude. Reporting a safety issue does not require you to admit misuse or waive rights.

4. Orders, pricing, promotions and quantity limits

Prices are in U.S. dollars. An automated acknowledgment confirms receipt, not acceptance; we accept an order when it is dispatched unless we expressly accept it sooner. Before acceptance, we may decline or limit orders for a genuine listing error, lack of stock, payment failure, suspected fraud, sanctions or other legal restrictions, promotion abuse or reasonably evidenced unauthorized resale. Patterns involving payment details, addresses or accounts may be considered but are not conclusive by themselves. We will not increase the price of an already placed order without your agreement. If we cancel after collecting payment, we refund the cancelled goods and associated charges owed, within the applicable deadline. That refund is the ordinary contractual remedy for cancellation, without excluding mandatory remedies.

Promotional codes and offers are limited to one per order unless stated otherwise, have no cash value, are non-transferable, may not be combined, and may be modified or withdrawn at any time. Codes obtained through unauthorized channels or used in breach of their terms may be cancelled, and affected orders may be cancelled or repriced with your consent.

You authorize us and our payment providers to charge the amounts shown at checkout, including applicable taxes and shipping.

5. Personal use only; no resale

Website purchases are for personal use or bona fide gifting, not commercial resale without our prior written authorization. By accepting these Terms, you agree not to purchase for unauthorized resale or list the goods through an unauthorized storefront or marketplace. Authorization is specific to the seller, channel, territory and terms approved in writing; a bulk purchase or discount is not authorization. Product-safety reporting remains available. See Authorized Sellers & Resale.

6. Title and risk of loss

To the extent permitted by applicable law, goods are sold under a shipment contract and risk of accidental loss passes on proper delivery of conforming, suitably packaged goods to the carrier; title passes once payment is received and the goods are dispatched. This does not excuse our failure to ship correctly, defective goods, unsuitable packaging or another breach, and does not override a mandatory rule placing risk on us until receipt. Carrier investigations and delivery disputes are handled under the Shipping Policy.

7. Delivery, returns and recurring purchases

Shipping, returns and recurring purchases are governed by the Shipping Policy, Returns & Refunds policy and Purchase Options & Cancellations policy. Wholesale supply, corporate gifting, culinary, tea and other commissioned projects require separate written terms; a website inquiry does not confirm a booking.

8. Reviews, social content and feedback

You are responsible for content you submit, including reviews, comments, photographs and social posts. You must have the rights to share it and it must reflect your honest experience.

For content you intentionally submit for public display, you retain ownership and grant us a non-exclusive, worldwide, royalty-free, transferable and sublicensable license to host, reproduce, format, display and distribute it for the purpose disclosed at submission. The license continues for as long as law and the permission granted allow. Advertising use of a person’s name, image, likeness, voice or testimonial requires an affirmative permission covering that use, including written consent where required. A tag or hashtag alone is not approval. Any separately agreed content release may provide a broader, perpetual license within lawful limits. Private correspondence, medical information, injury photos and claim materials are not marketing content licensed by this paragraph.

We may remove unlawful, infringing, false, abusive, off-topic or privacy-invasive content, but not suppress an honest review merely because it is negative. We do not require transfer of ownership of a review, penalize a lawful review, or change its meaning to create a misleading endorsement. Compensation or material connections must be disclosed where required.

Unless we have agreed otherwise in writing, unsolicited product or business ideas and suggestions you voluntarily submit are provided on a non-confidential basis. You grant the Company a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, transferable and sublicensable license to use, reproduce, modify, develop, disclose and commercialize that feedback without payment or attribution. This feedback license does not apply to consumer reviews, private customer-care or product-safety submissions, personal or health information, or proposals covered by a confidentiality agreement. Those materials remain governed by the applicable provisions of these policies and any separate agreement.

9. Intellectual property

The Company and its licensors reserve all rights in the FERMATA Ritual brand, including FERMATA™, FERMATA Ritual™, MIST 01™, CLOUD 02™, LOOP 03™, The Vessel™, The Travel Ritual™ and FERMATA Place™; our logos and stylized fermata and vertical-line designs; product and packaging designs and trade dress; and original text, photography, film, software, music and sound recordings, including content presented as “After Hours”. No intellectual-property rights are transferred by access to the Services or purchase of a Product.

You may access the Services for personal shopping and stream content through the player we provide. Unless we authorize it or non-waivable law permits it, do not extract or download audio, record, reproduce, sample, remix, publicly perform, redistribute, use content in advertising or AI systems, or create derivative works. Do not impersonate an official store, obscure batch or safety information, copy protected packaging or use confusing branding. Purchase gives no additional intellectual-property license. Business use of music or a digital experience requires separate permission covering that use.

To report suspected infringement, email support@fermataritual.com with the work concerned, the exact location of the material, your contact details and a statement of your authority. We may remove material and terminate repeat infringers.

10. Third-party services

Third-party payment tools, integrations and links may have their own terms. We do not control independently operated third-party services or guarantee their performance. This does not remove our own obligations regarding providers we engage, an accepted order, data protection or responsibilities that cannot lawfully be excluded.

Our store is hosted by Shopify. Shopify processes information when you visit and make purchases, including to provide enhanced services using information about interactions with our store, other merchants and Shopify. To provide these services, information is shared with Shopify and other service providers that may be located in the United States or other countries. Our Privacy Policy explains this processing and the applicable privacy choices. Acceptance of these Terms does not by itself constitute consent to optional tracking.

11. Suspension and termination

We may suspend or terminate access to the Services, cancel orders or close accounts at any time where we reasonably believe you have breached these Terms, engaged in fraud, resale or abuse, or created legal or security risk. Sections that by their nature should survive termination will survive.

12. Disclaimers

TO THE EXTENT PERMITTED BY LAW, WEBSITE CONTENT AND DIGITAL SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT GUARANTEES OF UNINTERRUPTED ACCESS OR A PARTICULAR PERSONAL RESULT. PHYSICAL PRODUCTS ARE SUBJECT TO APPLICABLE IMPLIED WARRANTIES. WE DO NOT DISCLAIM AN IMPLIED WARRANTY WHERE FEDERAL OR STATE LAW PROHIBITS THAT DISCLAIMER. No general disclaimer overrides an express product description forming part of the contract or a non-waivable remedy.

13. Limitation of liability

SUBJECT TO THE EXCEPTIONS BELOW AND TO THE EXTENT PERMITTED BY LAW, WE AND OUR AFFILIATES, OFFICERS, EMPLOYEES AND LICENSORS EXCLUDE INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY AND PUNITIVE DAMAGES, AND LOST PROFITS, DATA OR GOODWILL. OUR AGGREGATE LIABILITY FOR CLAIMS SEEKING ONLY ECONOMIC LOSS IS LIMITED TO THE AMOUNT ACTUALLY PAID FOR THE PRODUCT, BOX OR SET GIVING RISE TO THE CLAIM, OR US$50 IF THE CLAIM DOES NOT RELATE TO A PURCHASE. A BOX OR SET IS NOT ARTIFICIALLY SPLIT INTO A SINGLE SACHET TO REDUCE THIS CAP.

These exclusions and caps do not restrict liability for death or personal injury, fraud, gross negligence or willful misconduct, a product defect or inadequate warning to the extent liability cannot be limited, or any non-waivable statutory remedy, damages, fees or privacy right. They do not restrict regulators or a mandatory recall. State-specific mandatory protections prevail.

Where validly agreed and lawful, an action for an ordinary contractual claim must be commenced within one year after accrual under the applicable law. This does not shorten a non-waivable limitation period or the period for personal injury, statutory privacy, fraud or other claims for which shortening is prohibited. The period is suspended during the required 60-day informal process and any further tolling required by law or the arbitration rules.

14. Indemnification

To the extent permitted by law, you will indemnify us for third-party claims and reasonable losses caused by your unlawful conduct, knowing infringement, materially false submissions, unauthorized resale in breach of an accepted agreement, or misuse of the Services. The obligation applies only to the extent attributable to your conduct, not our fault or obligations. We will give reasonable notice and an opportunity to participate in the defense; no settlement may impose an admission or non-monetary obligation on you without consent. This is not a fee-shifting penalty for a good-faith consumer claim, privacy request, safety report or honest review.

15. Dispute resolution and arbitration

Informal resolution. Before arbitration, a party must send a notice stating their name, contact details, relevant order, the facts and requested relief. Send your notice to support@fermataritual.com, with the subject “Notice of Dispute”; postal notice may also be sent to our business address. Both parties will try to resolve the matter for 60 days after receipt. Either may then proceed. The limitation period is tolled during this process. It does not delay a statutory notice, regulator complaint, urgent protective relief or a small-claims filing needed to preserve a deadline.

Binding individual arbitration. If you validly accepted this section and did not opt out, disputes concerning the Terms, Services, Products or related information handling will be resolved individually before one neutral arbitrator administered by National Arbitration and Mediation (NAM), except as stated below. The Federal Arbitration Act governs. NAM’s Comprehensive Dispute Resolution Rules, applicable Consumer Fees, Minimum Standards of Procedural Fairness and, where applicable, Supplemental Rules for Mass Arbitration Filings apply. Rules and fees are available at www.namadr.com/resources/rules-fees-forms/ or from NAM at 1-800-358-2550. Mandatory law and consumer fairness standards prevail over conflicting terms. The arbitrator may award all individual remedies available under applicable law and will issue a reasoned written decision. Courts decide whether an agreement was formed and whether a class or representative waiver is enforceable; other arbitrability issues are for the arbitrator to the extent law permits. Hearings may be remote or in a reasonably convenient place permitted by NAM’s consumer rules; New York County is not imposed where those rules or law require another place. Fees are allocated under NAM’s applicable Consumer Fee Schedule, any written fee arrangement accepted by NAM, and mandatory law. If NAM cannot administer, the parties may agree on another neutral provider, or a court may appoint one where the FAA permits; no party must accept materially less protective consumer procedures.

Exceptions. Either party may pursue an individual claim within small-claims jurisdiction. Either may seek narrowly tailored temporary relief to prevent infringement, preserve evidence or protect security pending arbitration. Nothing prevents reporting to a regulator or seeking a remedy, including public injunctive relief, that cannot legally be waived or confined to individual arbitration. A court will decide and hear any non-arbitrable part, while arbitrable parts remain subject to this agreement where lawful.

Class-action and jury waiver. TO THE EXTENT PERMITTED BY LAW, YOU AND WE AGREE TO INDIVIDUAL PROCEEDINGS AND WAIVE PARTICIPATION IN A CLASS OR COLLECTIVE ACTION OR ARBITRATION FOR CLAIMS COVERED BY THIS AGREEMENT, AND WAIVE A JURY FOR CLAIMS VALIDLY SUBJECT TO ARBITRATION. No arbitrator may combine merits claims or bind absent persons without the lawful agreement required. Non-waivable representative or public remedies are not surrendered. If a particular waiver is unenforceable, only that affected claim or remedy proceeds in court as required; the remainder is severed and enforced where lawful.

Mass filings and staged administration. Where 25 or more similar demands against us are brought through coordinated representation, NAM determines whether its Mass Filing Supplemental Rules apply. The parties agree to coordinated administration in batches of up to 100 demands, subject to NAM’s review and acceptance. Batch composition, sequencing and any stay will follow NAM’s rules and an approved timetable that permits claims to proceed without undue delay. Either party may timely request a Procedural Arbitrator to decide mass-filing classification or compliance with the underlying arbitration agreement within the scope of NAM’s rules. Fees are assessed at the stages specified in the applicable Consumer Fee Schedule or in a written fee arrangement accepted by NAM. Any deferral for a pending batch applies only to the fees and period authorized by NAM. Initial filing, administrative and procedural-arbitrator fees remain governed by that schedule or written arrangement. Each claimant’s merits and award remain individual unless validly agreed otherwise. Applicable limitation periods are tolled during any approved mandatory waiting period.

Opt-out. You may opt out of this arbitration agreement by emailing support@fermataritual.com within 30 days after you first accept these Terms, stating your name, address, email and that you opt out of arbitration. Opting out does not affect any other part of these Terms.

Courts. Subject to mandatory consumer venue rights, small-claims jurisdiction and the exceptions above, non-arbitrable matters will be heard in the state or federal courts in New York County, New York. Consent to that venue applies only to the extent it can lawfully be given. The court-venue provision does not itself waive a non-waivable right to a jury.

16. Governing law

New York law and applicable U.S. federal law govern, without displacing non-waivable consumer protections of a jurisdiction whose law must apply. The Federal Arbitration Act governs the arbitration agreement.

17. Force majeure

We are not liable for a failure or delay to the extent caused by events beyond our reasonable control, including natural disasters, government restrictions, war, material carrier or utility disruption and similar events. We will take reasonable steps to mitigate the effect. This clause does not excuse accrued payment or refund obligations, mandatory shipment-delay notices, data-security duties or an obligation that the law requires us to perform despite the event.

18. General terms

These Terms and the incorporated policies are the entire agreement between you and us regarding the Services and supersede prior communications. We may assign these Terms; you may not assign them without our consent. If a provision is unenforceable, it will be enforced to the maximum extent permitted and the remaining provisions remain in effect. Our failure to enforce a provision is not a waiver. You consent to receive notices electronically.

Our policies are provided in English. Where a translation is made available, it is provided for reference. To the extent permitted by law, the English text controls an inconsistency. This does not remove mandatory language rights, excuse a materially misleading translation or alter rights that applicable law makes non-waivable.

19. Changes and contact

We may revise these Terms for future transactions by posting a dated version and providing any additional notice or affirmative acceptance required by law. The version accepted for an order governs that order unless a lawful subsequent agreement changes it. Changes are not retroactive to an existing claim. A material change to arbitration requires conspicuous notice and valid acceptance; continued browsing alone does not supply that acceptance. No general 30-day notice promise is made except where law or a specific agreement requires one.

Company: Premiumark Inc. Email: support@fermataritual.com. Business correspondence: 635 W 42nd St, New York, NY 10036, USA.