Makerly Terms of Use
Effective date: June 21, 2026
These Terms of Use (“Terms”) govern your access to and use of Makerly, including
the Makerly mobile application, hosted web app and public market pages, website at
usemakerly.com, and related services (collectively, the
“Services”). Makerly is a product of The Wavering Line LLC, a Kansas limited
liability company (“Makerly,” “we,” “us,” or “our”).
By creating an account, accessing, or using the Services, you agree to these Terms
and our Privacy Policy. If you do not
agree, do not use the Services.
1. Eligibility and Accounts
You must be at least 18 years old and able to enter into a binding contract to use
the Services. You must provide accurate account information, keep your credentials
secure, and promptly notify us of suspected unauthorized access. You are responsible
for activity performed through your account.
2. Makerly’s Role
Makerly provides software that helps event hosts create and manage markets, publish
market pages, receive vendor applications, review vendors, collect eligible fees,
send application and payment notifications, and publish vendor or maker profiles.
Makerly is not the organizer, producer, owner, or operator of third-party markets
and does not employ or represent hosts or vendors.
Hosts independently control their markets, selection decisions, event rules,
cancellation and refund policies, tax obligations, permits, insurance, and legal
compliance. Vendors independently control their businesses, products, staffing,
permits, taxes, insurance, and legal compliance.
3. Host Responsibilities
Hosts must provide accurate market information and clearly communicate applicable
fees, deadlines, rules, and refund or cancellation policies. Hosts are solely
responsible for:
- Operating their markets safely and lawfully.
- Reviewing and selecting vendors.
- Honoring published commitments and applicable refund policies.
- Obtaining required permits, licenses, insurance, and tax registrations.
- Resolving disputes with vendors and attendees concerning the host’s market.
Hosts may not use Makerly to discriminate unlawfully, misrepresent a market, collect
fees for a fraudulent event, or offer prohibited goods or services.
Hosts may access and export vendor application information, including contact email
addresses, only for lawful market administration and market-related communications.
Hosts must protect exported information, honor applicable opt-out requests, comply
with email and marketing laws, and may not sell it or use it for unrelated purposes.
4. Vendor Responsibilities
Vendors must provide accurate application and business information and comply with
each host’s stated rules. Vendors are responsible for determining whether a market
is suitable, maintaining required permits and insurance, paying applicable fees,
and fulfilling commitments made to hosts.
Submitting an application does not guarantee acceptance. Acceptance does not
guarantee attendance, sales, revenue, placement, exclusivity, or event performance.
5. Fees, Payments, and Refunds
Hosts may set application fees and booth fees. Application fees become payable when
a vendor submits an application. Booth fees become payable only after a host accepts
the vendor.
Payments are processed through Stripe and may be charged directly on a host’s
connected Stripe account. The host is the merchant responsible for its transactions,
refunds, disputes, and related tax obligations. Stripe’s terms and privacy practices
also apply.
Makerly may collect a disclosed platform fee from payments processed through the
Services. Unless stated otherwise:
- Makerly’s platform fee is 5% of paid application-fee and booth-fee payments.
- Makerly does not apply a platform-fee minimum or maximum to those paid
application-fee or booth-fee payments. - If a host publishes a free market with a $0 application fee and a $0 booth fee,
Makerly does not collect a platform fee for that market in the MVP flow. - Stripe processing fees are separate.
Application fees may be nonrefundable. Booth-fee refund and cancellation policies
are established and administered by the host. If a host changes an accepted vendor
to waitlisted or rejected after the booth fee has been paid, Makerly may require a
full booth-fee refund from the host’s connected Stripe account before updating the
application status. Makerly does not guarantee refunds and is not responsible for a
host’s failure to issue a refund. Makerly platform fees may be nonrefundable except
where required by law.
Makerly may send payment confirmation emails to the payee after successful
application-fee or booth-fee payments.
6. User Content
You retain ownership of content you submit, including market listings, application
questions and answers, business descriptions, websites and social links, profile
images, booth or application images, logos, and cover photos (“User Content”). You
grant Makerly a worldwide, nonexclusive, royalty-free license to host, store,
reproduce, display, and use User Content as needed to operate, improve, secure,
and promote the Services.
You represent that you have the rights needed to submit User Content and that it
does not violate law, intellectual-property rights, privacy rights, or these Terms.
Users may report market listings, maker profiles, images, or other content for
review through in-app/web report links or by contacting support@usemakerly.com.
7. Prohibited Conduct
You may not misuse the Services, violate law, infringe rights, submit fraudulent or
deceptive information, interfere with security, scrape or reverse engineer the
Services except where legally permitted, introduce malicious code, harass others,
or use the Services for prohibited or unsafe goods or activities.
8. Service Changes and Availability
We may modify, suspend, or discontinue features and may impose reasonable usage
limits. We do not guarantee uninterrupted or error-free availability. We may remove
content or restrict accounts when reasonably necessary to protect users, enforce
these Terms, comply with law, or secure the Services.
9. Suspension and Termination
You may stop using the Services at any time. We may suspend or terminate access for
violations of these Terms, fraud, risk to users or the Services, nonpayment, or legal
requirements. Provisions that by their nature should survive termination will
survive.
10. Disclaimers
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT
PERMITTED BY LAW, MAKERLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND WARRANTIES
ARISING FROM COURSE OF DEALING.
MAKERLY DOES NOT GUARANTEE ANY MARKET, HOST, VENDOR, APPLICATION DECISION, PAYMENT,
REFUND, SALES RESULT, EVENT ATTENDANCE, SAFETY CONDITION, OR USER-PROVIDED CONTENT.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MAKERLY AND THE WAVERING LINE LLC WILL NOT
BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE
DAMAGES, LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, OR DAMAGES ARISING FROM A
THIRD-PARTY MARKET OR USER.
OUR TOTAL LIABILITY ARISING FROM THE SERVICES WILL NOT EXCEED THE GREATER OF
$100 OR THE MAKERLY PLATFORM FEES YOU PAID DURING THE 12 MONTHS BEFORE THE EVENT
GIVING RISE TO THE CLAIM.
Some jurisdictions do not allow certain limitations, so portions of this section
may not apply.
12. Indemnification
To the extent permitted by law, you agree to defend, indemnify, and hold harmless
Makerly, The Wavering Line LLC, and their officers, members, employees, and agents
from claims, damages, losses, and expenses arising from your market, business,
products, User Content, violation of these Terms, or violation of law or third-party
rights.
13. Governing Law and Disputes
These Terms are governed by Kansas law, without regard to conflict-of-law rules.
Before filing a claim, you agree to contact us and attempt in good faith to resolve
the dispute informally for at least 30 days. Unless applicable law requires
otherwise, exclusive venue for disputes will be the state or federal courts located
in Kansas.
14. Changes to These Terms
We may update these Terms. If changes are material, we will provide reasonable
notice and may require you to accept the updated Terms before continuing to use the
Services. The effective date above identifies the current version.
15. Contact
The Wavering Line LLC
Kansas, United States
support@usemakerly.com
https://usemakerly.com/support/