Terms of Service — Merchenary

1. The Platform

Merchenary is a group-buy marketplace that enables creators to run limited merch campaigns. We provide the technology platform. We are not a party to transactions between creators and backers, and we are not a retailer, manufacturer, or fulfillment provider.

2. Platform as Venue — Not a Guarantor

Merchenary connects creators and backers but does not guarantee campaign fulfillment. Creators are solely responsible for producing and shipping their goods. By backing a campaign, you acknowledge that you are entering into an agreement with the creator, not with Merchenary. Merchenary makes no warranty that any campaign will be fulfilled.

3. Creator Obligations

By launching a campaign, creators agree to:

• Fulfill all orders at the quality and specifications described in the campaign
• Ship orders within a reasonable time after campaign close (we recommend 60–90 days)
• Communicate material delays to backers promptly
• Not collect funds with intent to deceive or without intent to fulfill

Creators who fail to fulfill campaigns may have their accounts suspended, their future payouts withheld pending dispute resolution, and may be reported to Stripe and relevant authorities.

4. Payouts

Creator payouts are processed immediately upon campaign finalization via Stripe Connect, minus the platform fee and applicable Stripe processing fees. Payouts are not reversible once processed. Creators are responsible for any taxes owed on their earnings.

5. Chargebacks and Disputes

If a backer files a chargeback with their card issuer due to non-fulfillment or fraud, Merchenary reserves the right to:

• Recover the disputed amount from the responsible creator's future payouts
• Suspend the creator's account pending investigation
• Pursue the creator for any losses incurred by Merchenary as a result

Backers who file fraudulent chargebacks may be permanently banned from the platform.

6. Prohibited Use

You may not use Merchenary to:

• Sell counterfeit or infringing goods
• Misrepresent campaign products or fulfillment timelines
• Launder money or engage in fraud
• Violate any applicable law

7. Platform Fee

Merchenary charges a 4% platform fee on total campaign revenue. This fee is deducted at finalization and is non-refundable.

8. Limitation of Liability

To the maximum extent permitted by law, Merchenary's total liability arising out of or relating to these terms is limited to the platform fees paid by the relevant creator in the 12 months preceding the claim. Merchenary is not liable for indirect, incidental, or consequential damages, including losses arising from creator non-fulfillment.

9. Indemnification

Creators agree to indemnify and hold harmless Merchenary LLC, its officers, and employees from any claims, losses, or damages arising from their campaign, including claims by backers related to non-fulfillment.

10. Governing Law

These terms are governed by the laws of the State of Vermont. Any disputes shall be resolved in the courts of Chittenden County, Vermont.

11. Changes to These Terms

We may update these terms. Material changes will be communicated via email. Continued use of the platform constitutes acceptance.

Contact

Merchenary LLC · legal@merchenary.shop