Terms of Service
Terms of Service
Last updated: July 7, 2026
Welcome to Merrily! These Terms of Service ("Terms") govern your access to and use of the Merrily website, mobile interfaces, and services (collectively, the "Service" or "Merrily"), operated by MERRILY ("Merrily," "we," "us," or "our").
By accessing or using Merrily, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not use the Service.
Please read these Terms carefully. They include important information about your legal rights, including a limitation of our liability, an arbitration agreement, and a class action waiver.
1. About Merrily
Merrily is an online marketplace that allows individuals ("Hosts") to list party supplies, decor, tableware, and related items grouped as kits ("Kits") for short-term rental, and allows other individuals ("Renters") to discover, request to book, and pay for those Kits. Hosts and Renters are referred to collectively as "Users."
Merrily is not a party to any rental agreement between Users. We provide the platform that enables Users to find one another, communicate, transact, and arrange the rental of Kits. We do not own, manage, deliver, store, inspect, repair, insure, or take physical possession of any Kit listed on the Service.
Any agreement to rent a Kit is solely between the Host and the Renter. Merrily acts only as a venue and limited payment-collection agent (through our payment processor, Stripe, Inc.) for the convenience of Users.
2. Eligibility
To use Merrily, you must:
Be at least 18 years old
Have the legal capacity to enter into binding contracts in your jurisdiction
Reside in a jurisdiction where Merrily is offered (currently the United States)
Not be barred from using the Service under applicable law
Not have previously been suspended or removed from the Service
By creating an account, you represent and warrant that you meet all of these eligibility requirements.
Merrily reserves the right, at its sole discretion, to refuse, suspend, or terminate access to the Service to any person at any time, with or without notice, and without liability.
3. Accounts
3.1 Account Registration
To list a Kit or book a Kit, you must register for an account. You agree to provide accurate, current, and complete information during registration and to keep your account information updated.
3.2 Account Security
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify Merrily immediately at support@rentmerrily.com of any unauthorized use of your account or any other breach of security.
Merrily is not liable for any loss or damage arising from your failure to safeguard your account.
3.3 One Account Per User
You may only maintain one personal account on Merrily. Creating multiple accounts to circumvent suspensions, manipulate reviews, or evade fees is grounds for immediate termination.
3.4 Identity Verification
Merrily may, at its discretion, require Users to verify their identity, including by linking a payment method, providing government-issued identification, or completing additional verification steps. Merrily does not, however, conduct background checks on Users.
4. Hosting on Merrily
4.1 Listing Kits
Hosts may create listings ("Listings") describing Kits available for rent. Each Listing must include accurate descriptions, accurate photographs of the actual items being offered, the rental price, the items included in the Kit, the pickup location, and any other terms or restrictions specific to the rental.
You, as a Host, represent and warrant that:
You own the Kit, or have the legal right to rent it out
The Kit is in the condition described in the Listing
The Kit complies with all applicable laws, including safety, fire, and product safety regulations
The Kit is not stolen, counterfeit, or subject to any third-party claim
All photos, descriptions, and other Listing content are accurate and not misleading
You will deliver the Kit in the condition described, on the dates booked
4.2 Pricing and Fees
Hosts set the rental price for their own Kits. Merrily charges a service fee on each completed transaction, the details of which are disclosed during the booking process and may be updated from time to time. Merrily currently charges Hosts a service fee of 10% of the rental price and Renters a service fee of 15% of the rental price. Renter pricing is displayed all-in: the Renter service fee is included in every displayed price rather than added as a separate line at checkout.
Merrily automatically applies a refundable security deposit to each booking (currently 50% of the rental subtotal, with a $20 minimum and a $500 maximum). The deposit is returned to the Renter after the Host confirms the Kit's return, less any amounts retained to cover damage or missing items under Section 5.3. Hosts are responsible for setting any additional terms not handled by Merrily, including pickup and return windows and cleaning expectations. These should be clearly stated in the Listing.
4.3 Acceptance and Decline of Booking Requests
Bookings on Merrily operate on a request-to-book model. Renters submit a booking request, and the Host has 72 hours to accept or decline. If the Host does not respond within 72 hours, the request automatically expires and the Renter is not charged.
Hosts may decline a booking request for any lawful reason but may not discriminate on the basis of race, color, religion, national origin, sex, gender identity, sexual orientation, age, marital status, disability, or any other legally protected characteristic.
4.4 Host Responsibilities Around Pickup and Return
Hosts are responsible for:
Making the Kit available at the pickup location and time agreed upon with the Renter
Inspecting the Kit before handover and noting any pre-existing condition issues
Communicating clearly with the Renter regarding pickup and return logistics
Inspecting the Kit upon return and reporting any damage or missing items promptly through the Service
4.5 Tax Obligations of Hosts
Hosts are solely responsible for determining and paying any taxes applicable to their rental income, including but not limited to income tax, sales tax, and use tax. Merrily does not provide tax advice. Merrily may, in compliance with applicable law, issue tax forms (such as IRS Form 1099-K) to Hosts who meet certain transaction thresholds.
4.6 No Insurance
Merrily is not an insurance company, and nothing on the Service is an insurance product. The security deposit and Merrily Damage Protection (Section 5.3) provide limited financial recourse for certain damage, but they are not insurance and do not cover categories such as theft away from the platform, personal injury, or liability to third parties. Hosts remain the owners of their Kits at all times and are encouraged to review their homeowner's, renter's, or business insurance policies to understand how renting out their items is covered.
4.7 Licensed Services and Credentials
Some Kits or add-on services involve activities that require a license, permit, or insurance under applicable law (for example, food service or catering). Hosts offering such services must submit the relevant credentials (such as permits or certificates of insurance) for verification before the related listing or add-on can be published, and must keep those credentials current. Merrily may unpublish listings or add-ons whose credentials lapse and may request additional documentation at any time. Verification of a credential is not an endorsement, and Hosts remain solely responsible for complying with all laws applicable to their services.
5. Renting on Merrily
5.1 Booking a Kit
Renters may submit a booking request for any available Kit. By submitting a booking request, you authorize Merrily (through our payment processor) to place a hold on, and ultimately charge, your payment method for the full amount of the rental and any applicable fees, contingent on the Host's acceptance of your request.
If the Host accepts the request, your payment method will be charged. If the Host declines or does not respond within 72 hours, no charge will be made.
5.2 Renter Responsibilities
By booking a Kit, you, as a Renter, agree to:
Use the Kit solely for its intended purpose and in accordance with any instructions provided by the Host
Not sublease, resell, or transfer the Kit to any third party
Return the Kit on or before the agreed return date and time, in the same condition as received (subject to ordinary wear)
Pay for any damage to, loss of, or theft of items in the Kit during the rental period, regardless of fault
Pay for any items not returned, at replacement cost
Communicate promptly with the Host regarding pickup, return, and any issues that arise during the rental
Not use the Kit for any unlawful purpose
5.3 Damage, Loss, and Late Returns
You are financially responsible for any damage to the Kit beyond ordinary wear and tear, any loss or theft of Kit items, and any failure to return the Kit on time.
If a Host reports damage, loss, or a late return, Merrily may, at its discretion:
Facilitate communication between Host and Renter to reach a resolution
Charge the Renter's payment method for the cost of repair, replacement, or late fees, up to the value claimed by the Host and substantiated with reasonable evidence
Suspend or terminate the Renter's account
You authorize Merrily to charge your payment method for amounts owed under this Section. Disputes regarding damage claims should be raised within 48 hours of the issue arising.
Merrily Damage Protection. If a substantiated accidental-damage claim exceeds the security deposit, Merrily will cover the excess up to fifty percent (50%) of the damaged item's replacement cost, provided that: (a) the Host reported the damage through the Service within 48 hours of the Kit's return, with photographs; (b) the damage is accidental and beyond ordinary wear and tear; and (c) no more than one protection claim is made per booking. To the extent Merrily covers an amount under this protection, Merrily will not seek to recover that amount from the Renter. This protection is funded by the Renter service fee, is not an insurance product, and does not limit the Renter's responsibility for amounts that exceed both the deposit and the protection cap, or for loss, theft, intentional damage, or unreturned items, which remain chargeable to the Renter as described above.
5.4 Inspection at Pickup
Renters are strongly encouraged to inspect the Kit at the time of pickup and document any pre-existing damage or missing items via the Merrily messaging system. Failure to do so may make it more difficult to dispute later damage claims.
6. Payments
6.1 Payment Processing
All payments on Merrily are processed by Stripe, Inc. ("Stripe"). By using the Service, you agree to be bound by Stripe's Terms of Service and Privacy Policy.
Merrily does not store full payment card details on its servers. Payment information is collected, transmitted, and stored by Stripe in compliance with PCI-DSS standards.
6.2 Payouts to Hosts
Host payouts are processed through Stripe Connect. To receive payouts, Hosts must create a Stripe Connect account, provide the required identity and banking information, and maintain a Stripe account in good standing.
Payouts are typically released to Hosts after the rental period ends and the return of the Kit is confirmed, subject to Stripe's processing schedule and any holds Merrily may apply for security or compliance purposes.
6.3 Currency
All transactions on Merrily are conducted in U.S. dollars (USD).
6.4 Service Fees
Merrily charges service fees as disclosed during the booking flow. Fees are non-refundable except where required by law or as otherwise stated in these Terms. Merrily reserves the right to change its fee structure at any time, with reasonable advance notice posted on the Service.
7. Cancellations and Refunds
7.1 Cancellation by Renter
Renters may cancel a confirmed booking subject to the cancellation policy in effect at the time of booking. Currently: cancellations made 7 or more days before the rental start date receive a full refund of the rental price; cancellations made between 3 and 7 days before the start date receive a 50% refund of the rental price; cancellations made less than 3 days before the start date receive no refund of the rental price. Security deposits, delivery fees, and setup fees are always returned in full when a booking is cancelled before the rental begins.
Service fees may be non-refundable. Refunds are issued to the original payment method and may take 5-10 business days to appear on your statement.
7.2 Cancellation by Host
If a Host cancels a confirmed booking, the Renter will receive a full refund, including all service fees. Merrily may also, at its discretion, charge the Host a cancellation fee, lower the Host's search ranking, suspend the Host's listings, or terminate the Host's account, particularly for repeated cancellations.
7.3 Cancellation by Merrily
Merrily may cancel any booking at its sole discretion, with or without notice, including for suspected fraud, violation of these Terms, safety concerns, or compliance with law. In such cases, Renters will receive a full refund.
7.4 Force Majeure
Neither party shall be liable for failure to perform any obligation under these Terms due to causes beyond their reasonable control, including natural disasters, government action, or pandemics. In such cases, Merrily will, where reasonably possible, facilitate a refund or rebooking.
8. Reviews
After each completed rental, both the Host and the Renter may leave a review of the other. Reviews must be honest, based on personal experience, and free from personal attacks, harassment, or discriminatory content.
Merrily does not edit reviews but reserves the right to remove reviews that violate these Terms, contain prohibited content (see Section 11), or are submitted in bad faith (e.g., reviews from competitors, retaliatory reviews following a damage claim).
9. Communications Between Users
Merrily provides messaging tools to allow Hosts and Renters to communicate about Listings, bookings, and rentals. By using these tools, you agree to:
Communicate respectfully and professionally
Not share contact information for the purpose of conducting transactions outside the Merrily platform ("off-platform transactions")
Not use the messaging system to harass, threaten, defraud, or solicit other Users for unrelated purposes
Not transmit unlawful, discriminatory, defamatory, or sexually explicit content
Merrily may monitor messages for safety, fraud detection, and quality purposes, in accordance with our Privacy Policy.
9.1 Off-Platform Transactions Prohibited
Conducting transactions outside the Merrily platform circumvents Merrily's safety protections, payment escrow, and dispute resolution. Off-platform transactions are at your own risk and are not covered by Merrily in any way. Repeated attempts to take transactions off-platform may result in account suspension or termination.
10. User Content
10.1 Content You Provide
You retain all rights to the content you submit to Merrily, including Listing photos and descriptions, profile information, messages, and reviews ("User Content"). However, by submitting User Content, you grant Merrily a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use, copy, display, distribute, modify, and create derivative works of your User Content in connection with operating, promoting, and improving the Service.
This license continues even after you delete your account, but only to the extent necessary for archival, legal compliance, dispute resolution, and other legitimate operational purposes.
10.2 Your Representations About User Content
You represent and warrant that:
You own or have the necessary rights to all User Content you submit
Your User Content does not infringe any third party's copyright, trademark, privacy, or other rights
Your User Content is accurate and not misleading
Your User Content complies with these Terms and applicable law
10.3 Removal of Content
Merrily reserves the right, but not the obligation, to remove or modify any User Content at its discretion, with or without notice, particularly content that violates these Terms or that we believe may expose Merrily or other Users to harm.
11. Prohibited Conduct
You agree that you will not:
Use the Service for any unlawful purpose or to facilitate any unlawful activity
List items that are illegal, dangerous, hazardous, recalled, counterfeit, or that infringe third-party rights
Use the Service to harass, threaten, defraud, defame, or discriminate against any other person
Impersonate any other person or misrepresent your identity or affiliation
Create false, misleading, or duplicate Listings
Manipulate the Service through fake bookings, fake reviews, or coordinated inauthentic activity
Attempt to bypass, disable, or interfere with security or operational features of the Service
Use any automated tool (including bots, scrapers, or crawlers) to access the Service without our prior written consent
Reverse-engineer, decompile, or attempt to extract the source code of the Service
Use the Service to send unsolicited communications, promotional materials, or spam
Collect or store personal data of other Users without their consent
Interfere with or disrupt the Service or its servers
Violation of this Section may result in immediate suspension or termination of your account, and we may report unlawful conduct to appropriate authorities.
12. Intellectual Property
12.1 Merrily's Intellectual Property
All intellectual property rights in the Service — including the Merrily name, logo, design, software, text, graphics, and other content created by or for Merrily — are owned by Merrily or our licensors and are protected by U.S. and international intellectual property laws.
You may not use any Merrily trademark, logo, or trade dress without our prior written consent.
12.2 Limited License to Use the Service
Subject to your compliance with these Terms, Merrily grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for its intended purposes. This license does not include the right to:
Reproduce or copy any part of the Service except as expressly permitted
Modify, adapt, or create derivative works based on the Service
Sell, license, sublicense, or commercially exploit the Service
Use the Service to build a competing product
13. Termination
13.1 Termination by You
You may terminate your account at any time by following the account-deletion instructions in your settings or by emailing support@rentmerrily.com. Termination does not relieve you of any outstanding obligations, including paying for any rentals already booked or any damage claims pending resolution.
13.2 Termination by Merrily
Merrily may suspend or terminate your account at any time, with or without notice, for any reason, including:
Violation of these Terms
Fraudulent, illegal, or harmful behavior
Repeated cancellations or no-shows
Substantial complaints from other Users
Inactivity for an extended period
Compliance with legal process or government request
13.3 Effect of Termination
Upon termination, your right to access and use the Service ceases immediately. Sections of these Terms that by their nature should survive termination — including Sections 5.3 (Damage), 6 (Payments), 10 (User Content), 12 (Intellectual Property), 14 (Disclaimers), 15 (Limitation of Liability), 16 (Indemnification), and 17 (Dispute Resolution) — shall survive.
14. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY.
MERRILY DOES NOT WARRANT THAT:
The Service will be uninterrupted, secure, or error-free
Defects in the Service will be corrected
The Service will meet your requirements
Any Kit listed on the Service is accurately described, of merchantable quality, fit for a particular purpose, or safe to use
Any Host or Renter is who they claim to be, or will perform as expected
Merrily is a venue, not a party to rentals. We do not control, endorse, or verify the conduct of any User, the condition of any Kit, or the truth of any Listing. You interact with other Users at your own risk. We strongly encourage Users to inspect Kits at pickup, communicate clearly, and use good judgment.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
15. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MERRILY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF (OR INABILITY TO USE) THE SERVICE, INCLUDING:
Any conduct or content of any User or third party
Any Kit listed on the Service, including its condition, safety, or fitness
Unauthorized access to or alteration of your transmissions or data
Any interaction or transaction between Users, on or off the platform
Personal injury or property damage arising from a rental
MERRILY'S AGGREGATE LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT OF FEES YOU PAID TO MERRILY IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).
THESE LIMITATIONS APPLY EVEN IF MERRILY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you.
16. Indemnification
You agree to defend, indemnify, and hold harmless Merrily and its officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:
Your violation of these Terms
Your User Content
Your use of (or misuse of) the Service
Your interaction with any other User, including any rental transaction
Your violation of any third-party rights, including intellectual property or privacy rights
Your violation of any law
Merrily reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
17. Dispute Resolution; Arbitration; Class Action Waiver
17.1 Informal Resolution First
Before filing a claim, you agree to try to resolve the dispute informally by contacting Merrily at support@rentmerrily.com. We will attempt to resolve the dispute informally within 60 days of receiving your notice.
17.2 Binding Arbitration
If informal resolution is unsuccessful, you and Merrily agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, rather than in court, except as set forth below.
The arbitration will be conducted in the county in which Merrily's principal place of business is located, or by video or phone if both parties agree. The arbitrator's decision shall be final and binding.
17.3 Class Action Waiver
YOU AND MERRILY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS 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 and may not preside over any form of representative or class proceeding.
17.4 Exceptions
The following claims are not subject to arbitration: (a) claims for injunctive or equitable relief related to intellectual property, (b) claims that may be brought in small-claims court if they qualify, and (c) claims that, as a matter of law, cannot be subject to arbitration.
17.5 Opt-Out
You may opt out of this arbitration agreement by sending written notice to support@rentmerrily.com within 30 days of first accepting these Terms. Your notice must include your name, address, and a clear statement that you wish to opt out of arbitration.
18. Governing Law; Jurisdiction
These Terms are governed by the laws of the state in which Merrily's principal place of business is located, without regard to conflict-of-laws principles. Subject to the arbitration provisions above, you and Merrily agree to the exclusive jurisdiction of the state and federal courts located in the county in which Merrily's principal place of business is located for any dispute not subject to arbitration.
19. Changes to These Terms
We may update these Terms from time to time. If we make material changes, we will notify Users by email and/or by prominent notice on the Service at least 30 days before the changes take effect. Your continued use of the Service after the effective date of the updated Terms constitutes your acceptance of those Terms.
If you do not agree with the updated Terms, you must stop using the Service and may close your account.
20. Miscellaneous
20.1 Entire Agreement
These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Merrily regarding the Service and supersede all prior agreements.
20.2 Severability
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
20.3 No Waiver
Merrily's failure to enforce any right or provision of these Terms shall not be deemed a waiver of that right or provision.
20.4 Assignment
You may not assign or transfer these Terms or your rights under them without Merrily's prior written consent. Merrily may assign these Terms at any time without notice.
20.5 Relationship of the Parties
Nothing in these Terms creates any agency, partnership, joint venture, employment, or franchise relationship between you and Merrily.
20.6 Notices
We may provide notices to you by email, by posting on the Service, or by any other reasonable means. You may provide notices to Merrily at support@rentmerrily.com.
21. Contact
If you have any questions about these Terms, please contact us:
Email: support@rentmerrily.com
Thank you for being part of the Merrily community. These Terms exist to protect everyone — Hosts, Renters, and the platform itself — so that we can keep helping people gather, more easily.