founding edition terms of sale

who sells it

the founding edition is sold by … of … (“we”, “us”). address: …. phone: …. email: ….

these terms cover the founding edition preorder, badge upgrades and sponsor slots bought on memoe.co. memoe’s terms of use and privacy policy apply as well. where they differ, these terms decide for the founding edition.

what a preorder is

a preorder is a purchase of the memoe founding edition before memoe launches. it costs …: the first … you pay is your preorder, and anything you pay above that is a badge upgrade (below). each preorder includes:

• one base-app entitlement at launch: …. how you get it: ….
• eligibility for a memoe pro discount: … off memoe pro: …, for …, claimed by …, as …. the regular price is …. … memoe pro is a separate purchase, made when you choose to claim the discount. a preorder never starts a subscription and doesn’t allow anyone to charge you again.
• a founder badge that shows your total purchases (below).

you get one of each, whatever you pay and however many purchases you make. paying more doesn’t give you a second license or a bigger discount.

choosing your price

you choose what you pay: any amount of … or more a purchase (up to …), in …. the founding edition itself costs …. anything you pay above that, in your first payment or a later one, is a badge upgrade (below). a higher price changes only the total on your badge, and your place on the leaderboard if you choose to be listed.

badge upgrades

a badge upgrade is anything you pay above …: the part of your first payment that is more than …, and every payment you make after it with the same email. for example, if your first payment is more than …, … of it is your preorder and the rest is a badge upgrade, and a payment you make the next day is all badge upgrade. you choose the price of each payment within the same limits, and each adds its price to the total on your badge. a badge upgrade is a cosmetic product: it doesn’t include a license, a discount, a subscription or anything else, and it stays on your badge whatever your place on the leaderboard. a badge upgrade can’t be refunded, and paying for one means your preorder can’t be refunded either (see refunds and disputes).

paying

you pay on Stripe’s secure checkout page, which shows the price, any tax and the total before you confirm. each purchase is one payment; nothing is charged again unless you make another purchase. tax: … Stripe sends a receipt to the email you give with your purchase. a purchase counts only once Stripe confirms the payment. a checkout you started but haven’t paid for counts for nothing.

delivery

expected delivery: …. latest delivery date: …. …

memoe is an iPhone app distributed through Apple’s App Store, and Apple’s terms for apps apply to it. how the base-app entitlement reaches you is described above.

refunds and disputes

… to ask, write to … from the email you used for the purchase. this doesn’t limit any right to a refund that the law where you live gives you.

in plain words: your preorder is the first … you pay, and everything above it is a badge upgrade. every badge upgrade is final, whatever you paid and wherever it put you on the leaderboard. paying for one means you have chosen to spend on the leaderboard, so from then on neither it nor your preorder can be refunded. that includes the part of a first payment that is above …: a first payment of more than … can’t be refunded. a preorder can be refunded on request only while … is all you have paid. the one exception is delivery: if memoe is late (see delivery above) you can still ask for a refund of your preorder, its …, even if you have paid for badge upgrades.

a refund lowers your badge’s total by the price refunded. when a refund covers only part of a payment that included tax, it is split between the price and the tax in the same proportion as the payment (the price’s share is the refund times the price, divided by the total paid, rounded to the nearest cent), and only the price’s share comes off your badge. a refund of a whole payment takes off its whole price. a preorder refunded in full ends the base-app entitlement, the discount eligibility and the badge it included.

if a payment is disputed with your bank, its amount is left out of the leaderboard and any public view of your badge while the dispute is open. if it is decided in our favour, the amount comes back; if it is decided in yours, it is removed for good.

the founder badge

your badge shows your total purchases: the prices you paid for the founding edition and badge upgrades, without tax, less refunds and disputes decided in your favour. Stripe’s processing fees are never taken off. it can show your display name if you choose. where it shows: …

a badge has no cash value. it can’t be transferred, sold, exchanged or redeemed for money, credit or anything else. a picture of your badge that you save shows your total on the day you saved it and doesn’t change afterwards; the leaderboard always shows the current total.

the share card is that picture, with a title and a few lines about what you did and didn’t receive, made in your own browser. anyone whose payment goes through can make one, whatever they paid and wherever they rank: on the page you see after paying and, for a founder who chose to be listed, later from the share dialog on the home page, which finds you by the email you paid with. it isn’t a separate product and doesn’t change what you bought.

the titles on the leaderboard, the badge and the card are a joke. a title follows your total purchases (emotional investor from $1, pre-pre-seed visionary from $5, chief aura officer from $10, unlicensed venture capitalist from $25 and board member without equity from $50) and, in first, second and third place, your place (the main character, managing partner of vibes and bronze larper). you can pick any title your total has earned for your card. a title is not a job, an office, a share, an option, equity, a seat on any board, financial advice or a right of any kind, and the card says so: no equity, no board seat, no financial advice.

the leaderboard and the featured founder

the leaderboard is opt-in: it lists only founders who turn it on with their preorder, with the display name they gave with it and their total purchases. to change either, write to us from that email. founders who don’t are founders all the same, with the same entitlements and badge, and aren’t shown.

founders are ranked by total purchases, largest first, counting amounts under an open dispute out. a tie goes to the founder whose earliest purchase that still counts was made first, then to the founder who started checkout first. a checkout that isn’t paid yet holds no place, and another payment can be confirmed first. the leaderboard is shown until ….

the founder in first place is featured at the top of the home page while they are first. that placement is temporary and has no other value. there are no prizes, no winners drawn and no cash awards. every purchase is charged in full, whatever the purchaser’s place.

the founder in first place may send a picture for the featured spot, from the page they see after paying. by sending one, you confirm it is yours or that you have permission to use it, and you let us show it on the home page while you are first and the leaderboard is shown. every picture is checked before it is shown: an automatic check (a model run by OpenAI, which looks at the picture twice) approves a picture at once when both looks find nothing sensitive in it, and declines one that clearly isn’t legal to show (sexual images of a child, sexually explicit content, a threat or a call to violence, propaganda that promotes hatred or violence against a group of people, or an offer to sell illegal goods) and says why; it does not decline a picture for how it looks, who or what is in it, or what it says, and your own brand, business or page, with its logo, name, handle or web address is welcome in it; a person at memoe looks at any it cannot judge or isn’t sure about, and at any that touches something sensitive (nudity or suggestive content, violence, hate symbols, drugs or weapons, self-harm, mocking or exposing someone, a child undressed or in danger, an identity document or a home address, or something that looks like memoe’s or Apple’s own notice), before it is shown, and doesn’t show it until they approve it. it is hidden whenever someone else is first, and you can remove it from the same page at any time.

the founder in first place may also send one short video for the same spot (an MP4 or MOV file of up to 60 seconds and 48 MB), from the same page. the same permission applies: by sending one, you confirm it is yours or that you have permission to use it, including everyone, every voice and every piece of music in it, and you let us show it on the home page, playing from the first-place card, while you are first and the leaderboard is shown. no computer approves a video: every video stays private until a person at memoe has watched it and approved it, a person may decline it or take it down at any time, and if it is declined you are told why. memoe removes the usual camera and location tags from the file but can’t promise it finds every one, so turn location off when you film. it is hidden whenever someone else is first, and you can remove it from the same page at any time.

a founder in first, second or third place may add one link, from the same page, to be shown next to their name on the leaderboard and, for the top three, on the home page; changing it needs a top-three place again. a link added before this rule stays where it is, whatever place its owner is in now. memoe shows links to well-known sites and link-in-bio pages. it checks the address when you save it and shows it at once when it is on that list; it does not read the page behind it, so by adding a link you confirm that it is yours and that you may share it. we may remove a link at any time, and you can remove it yourself from the same page.

if you didn’t add a picture, a video or a link right after paying, edit my spot on the home page does the same later, under the same terms. you type the email you paid with, and if it holds first, second or third place, you can manage your link (first to third place) and your picture and video (first place) for 30 minutes; nothing else confirms it is you, so keep the email you paid with to yourself. your place is checked again each time you save, and holding a place, or being able to edit one, is not a promise that you will keep it.

every founder gets a referral link, from the page they see after paying: the home page’s address with a code that is theirs. when someone makes their first purchase, the preorder, through your link and it is paid, it counts as one referral from you. one person counts once, a purchase you make yourself isn’t one, and a preorder that is refunded in full, or whose amount is under an open dispute, stops counting. referrals are only a count, shown next to your name on the leaderboard if you are listed: they carry no reward, discount or prize, they don’t add to your total purchases and they don’t change your place.

besides the total leaderboard (all time, which is what the home page opens on), the home page has more lists of the same listed founders, and a map. today is a switch beside all time: it ranks founders by what they paid since midnight in Mountain Time (Denver time, including daylight saving), with the same rules as the total board for disputes and refunds, a tie going to whoever paid first that day, and starts again at midnight. newest lists the latest founders to join, in the order they paid, with how long ago and where they stand now. referrals ranks founders by their referral count, as above, and appears only once someone has a referral. these lists have no prizes either: a place on one is not a place on the total leaderboard and doesn’t change your total, your badge or what you bought.

under the leaderboard’s title the home page shows the flag of the country that pays the most, with a map and a ranking behind it (“larpiest countries”). it adds up the country in the billing address of each paid purchase, as Stripe reports it with the payment, counting every paid purchase whether or not the buyer is listed, and shows only a total and a number of buyers for each country. a country with fewer than three buyers is shown inside “other countries” instead of by name, so no single buyer can be picked out, and a country is never shown next to a founder’s name. it is the country of the billing address given at checkout, not necessarily where the buyer lives, and a payment with no billing country has none. the map also has a “per capita” view that divides each country’s total by its population (a fixed table of public population figures that memoe ships, a few years old, so it is approximate; a country under 100,000 people is left out of it); it uses the same totals and the same three-buyer rule and no other data. there are no prizes for a country either.

a founder in the top three of the total leaderboard, or of today’s list, can make a challenge card instead of the share card: a picture to share, made in their own browser, with the title they earned, their place and what they paid, and a link, memoe.co/c/ followed by their referral code. it is made from the page they see after paying or from the share dialog on the home page (which finds a listed founder by the email they paid with), and there is no time limit. the link opens a page that shows the founder’s listed name, place, total and, if it is one of the top three, today’s place, lets the visitor try a price to see where it would put them, and goes to the home page with the founder’s code, so a first purchase made that way counts as a referral from them, under the referral rules above. everyone else keeps the share card.

we may hide a founder from the leaderboard and the featured spot, or remove their picture or video, when their display name, picture or video is unlawful, misleading, offensive or someone else’s. doing so doesn’t change anything you bought.

sponsor slots

a sponsor slot is advertising, not a purchase of the founding edition. a company, or anyone else, pays to show its name and one link in the header of the founding edition’s home page (only there), marked “sponsored by”, on the calendar days it books. you pick the days on the sponsor page, from tomorrow up to the furthest day it offers, and you pay for them up front. the price for a day, the cheaper prices for a week and for a month (a week’s price covers up to seven days and a month’s up to thirty, and a booking costs the least those prices allow for its days), the most days one booking can cover and which days are still free are shown on the sponsor page before you pay, together with a preview of how your ad will look, and Stripe’s checkout page shows the price, any tax and the total. while no sponsor is running, the header shows an example ad, marked as one, that links to the sponsor page. a sponsor slot is paid for the same way as everything else here, through Stripe, and Stripe sends the receipt to the email you give.

what you get: the banner, one sponsor at a time, on the days you booked. a day runs from midnight to midnight in the campaign’s time zone (the sponsor page says which). your days are held for you from the moment you pay, and while Stripe’s checkout page for them is open, so no one else can book them; a checkout that isn’t paid in time lets them go. a banner shows on its days, not when you pay, and only once memoe has approved it. if memoe approves a banner after its first days have already gone by, it runs on the days that are left and the whole days that went by are refunded to the card you paid with, at once, as the same share of what you paid (two days of a five-day booking are two fifths of its price); if all of its days are over, the whole payment is refunded. a booking can’t run past the day the leaderboard stops being shown, and the sponsor page doesn’t offer days that would. nothing is promised about how many people see a banner or follow its link, and memoe doesn’t count either.

the other slots: the same header has two smaller slots, booked the same way, on calendar days, and priced as a share of the main banner’s price that the sponsor page shows before you pay. the side ad sits beside the main banner in silver and shows your name as a link. the logo slot sits to the left of the memoe logo, pulses gently and shows a picture you upload that links to your site, with no words. you upload the logo when you book, in the same request as the booking, and it is checked by its content (PNG, JPEG or WebP only), shrunk to a small square and saved again as a new picture, which drops anything the file carried, such as a location; a person at memoe looks at the picture and the page behind its link before it shows, and may decline it for the same reasons as a name. a logo is deleted if the booking is refunded or taken down. a third slot, the domains ad, is the same kind of advertising on the domain sales page instead: it costs the same as the side ad and runs for twelve hours from the moment a person at memoe approves it, one after another, with no booked days. you can book several days that aren’t next to each other, and days that are already taken are skipped, but the days you pick must follow one another where they are free.

making an offer: instead of paying the advertised price you can offer your own price for any of the four slots. the least you can offer is half of the advertised price for the same slot and the same number of days, and there is a most; the sponsor page shows both before you send it. an offer is not a purchase yet. when you send one, Stripe’s checkout page puts a hold on your card for the amount you offered (only a card can be used) and nothing is charged. no day is held for you while an offer waits, so another company can book the same days at the advertised price, and an offer for days that are no longer free, or whose first day has already begun, can’t be accepted as it stands (a person at memoe may move it to other free days first). a person at memoe says yes or no to every offer, and memoe never has to accept one, however high. if it is yes, your card is charged exactly the amount you offered, plus any tax Stripe adds, and the booking then follows every rule above: the days are yours, the banner shows only on them, and it can’t be refunded once it is approved. if it is no, or nobody answers within six days, the hold is let go, nothing is charged and the sponsor page tells you; your bank may keep showing the hold as pending for some days after it is let go. an offer binds neither you nor memoe until it is accepted. no one else sees what you offered, and an offer, whatever its size, changes no place, total or board. one email can have a few offers waiting at a time.

what you don’t get: a sponsor slot adds nothing to any total, place, board, badge, title, referral, discount or app entitlement, and a sponsor isn’t a founder because of it. what you pay for a slot is never counted toward the leaderboard.

review: a person at memoe looks at every sponsor, its name and its link, before its banner shows; there is no automatic approval. we decline a name or a link that is unlawful, misleading, offensive, someone else’s, or that looks like memoe’s or Apple’s own, or whose page is. the link must be an https address, is shown as marked “sponsored” (rel=“sponsored”) and opens in a new tab; we check the address when you pay and when a person approves it, and don’t read the page behind it afterwards, so by booking you confirm the name and the page are yours to promote. if a sponsor isn’t approved, you are told why and the whole payment is refunded to the card you paid with; how long that takes is up to your bank.

taking one down: we may take an approved banner down at any time if its name or link, or the page behind it, breaks these terms. if we do that for that reason, the days that remain aren’t refunded; if we take one down for any other reason (a mistake of ours, or a fault), we refund the days that didn’t run. once a banner is approved, a sponsor slot can’t otherwise be refunded. this doesn’t limit any right to a refund that the law where you live gives you.

what memoe keeps about a sponsor is on the privacy policy: the name and link are shown on the page while the banner runs, and the email never is.

country takeovers

a country takeover is a purchase of the founding edition that also puts a country and a name on the “larpiest countries” banner under the leaderboard’s title for a number of hours. you pick a country and the name to show, and the takeover dialog shows the price and the number of hours, and when yours starts, before you pay; Stripe’s checkout page shows the price, any tax and the total. while a takeover runs, the banner says “paid takeover” instead of “larpiest countries”, shows the country you chose, its flag and your name, and nothing else about the real ranking is changed: the map and the ranking behind the banner still show what each country actually paid, with a note that the banner is a takeover.

it counts as a purchase. what you pay is a purchase of the founding edition like any other: it is added in full to your total purchases and goes on your badge, it counts toward the leaderboard if you are listed, and it gives you the preorder if it is your first purchase with that email (and is a badge upgrade, under the rules above, if you have already bought the preorder). the same rules apply to it as to every purchase: it is charged in full, whatever your place, and it can’t be refunded, because everything above the preorder’s first minimum is a badge upgrade. what you pay for a takeover does not, by itself, put you in any place on the leaderboard.

the top three add-on. you can tick one box in the dialog to add what it would take to reach the top three of the leaderboard, on top of the takeover. the dialog shows the extra amount before you pay: it is worked out from the totals of the three founders in front of you at that moment, so that your total, takeover included, is one unit above the third founder’s. it is a second line on the same payment, a badge upgrade, and it needs you to be listed on the leaderboard. it is a guess at a moment, not a promise: other founders can pay after you and pass you, and a place on the leaderboard is never guaranteed. if the numbers changed between the dialog and your payment, memoe tells you the new total and you pay again; nothing is charged until you do.

when it runs. a takeover starts when your payment is confirmed, or when the takeover before it ends if one is running, one after another, and runs for the number of hours the dialog shows. memoe doesn’t take more takeovers than it can show in about the next week; when the line is full the dialog says so. a takeover shows only while the payment stands: if the payment is refunded or lost in a dispute, the takeover stops showing.

review. there is no person who approves a takeover first, because it goes live when it is paid. we may take a takeover down at any time if the name is unlawful, misleading, offensive, someone else’s or looks like memoe’s or Apple’s own. the name can’t be an email address and can’t contain a link. taking one down doesn’t refund the payment by itself, and it doesn’t take anything off your total. this doesn’t limit any right to a refund that the law where you live gives you.

when preorders close

preorders and badge upgrades can be bought until ….

changes to these terms

these terms apply to every purchase of the founding edition, including any made before this version was published. version … of these terms goes with version … of the privacy policy.

if these terms change again, each purchase made after the change keeps the version it was made under: the version and its terms are saved with it. a later version applies only to purchases made after it is published.

the law that governs these terms, and the courts for disputes, are the ones in memoe’s terms of use. you keep any protection the law where you live gives consumers.