memopay Terms of Service


By agreeing to these Terms of Service (“Terms”), the parties agree that memopay (“we”, “us”, “our”) will provide advertising services (“Services”) on the Bitcoin Cash (“BCH”) Blockchain (“Blockchain”) that Company (“Client”, “you”, “your”) purchased via memopay's website http://www.memopay.xyz (“Website”) or via Email ([email protected]) by submitting an Ad Campaign Request Form (“Request Form”).

Your use of the Service constitutes your agreement to these Terms. These Terms apply to all visitors and all who access Website or Services and/or submit the Request Form via the Website or via Email to [email protected] without modification of any kind.

memopay reserves the right to change these Terms at any time without prior notice. Any changes that are made to these Terms will not apply retroactively and will not apply to disputes or events occurring before the change is published. In the event that any changes are made, the revised Terms shall be posted on the Website. You are responsible for reviewing these Terms on a regular basis, please check the latest information posted herein to inform yourself of any changes.



1. Service Provided by memopay

memopay on behalf of Client delivers Bitcoin Cash micropayments containing a Client’s ad message in OP_RETURNS via the Bitcoin Cash Network to unique Bitcoin Cash addresses.

Ad message may be delivered in form of Cost-per-Mille ("CPM") or Cost-per-Click ("CPC") ad campaign.

A. The process of Services’ provision for Cost-per-Mille ad campaign is as follow:

1. Client requests to run a Cost-per-Mille ad campaign with memopay by submitting the Request Form via the Website or via Email to [email protected] with all required information.

By requesting a Cost-per-Mille ad campaign Client should provide memopay with the following information:
- Message to be sent (max. 200 characters including a link if applicable);
- Amount of messages to be sent during the campaign (min. 10,000, max. to be defined with memopay);
- Starting date of the campaign;
- Client’s contact information: company name, contact person, Email address.

2. Client is notified about the Cost-per-Mille ad campaign fees and BCH address to pay to via the Website or Email and pays memopay the fees to indicated BCH address as defined in Section 3-A of these Terms.

3. memopay contacts Client to approve / reject the ad campaign.

Ad campaigns for inappropriate or fraudulent products and services will not be accepted. memopay has a right to refuse to run an ad campaign for any or no reason without liability. In case ad campaign fees were already paid to memopay by Client, memopay will refund fees amount reduced to costs related with such refund (including but not limited to transaction fees).

As the ad campaign is approved memopay provides Client with the link to the ad campaign’s dashboard to track delivery progress of micropayments containing Client’s ad messages with the corresponding Blockchain’s transactions ID in real time. For this purpose memopay uses third party service and is not responsible or liable for quality and correct work of such third party service. Client can request a change to its ad campaign request at any time, but not later than one (1) day before the starting date of the ad campaign indicated in the initial Request Form, via email to [email protected].

4. If the payment is received in line with Section 3-A of these Terms, on the date of the campaign memopay delivers required amount of micropayments containing Client’s ad message in OP_RETURNS via the Bitcoin Cash Network (date, message and amount of messages are taken from the Client’s Request Form).

One (1) micropayment containing Client’s ad message in OP_RETURNS delivered to one (1) unique BCH address (“Transaction”) is equal to one (1) Message Sent (“Message”). Amount of Messages sent is a baseline for memopay's Cost-per-Mille ad campaign fees. Each Transaction is recorded in the Blockchain and can be checked and verified via the Blockchain search and analytics engines (“Block explorers”) such as blockchair.com, explorer.bitcoin.com, bch.btc.com etc.

Considering the nature of BCH addresses, multiple BCH addresses could be associated with one (1) unique BCH holder (“BCH holder(s)”) in order to keep the privacy of BCH holders. That means that while memopay will try to have in its BCH addresses database as much unique BCH holders as possible, memopay can not guarantee that one (1) unique BCH address is equal to one (1) unique BCH holder.

memopay will try to deliver the required amount (but not more than 100,000) of micropayments containing Client’s ad message in OP_RETURNS within twenty four (24) hours, but can not guarantee it and shall not be liable for non-performance due to causes beyond its reasonable control (including but not limited to slow appearance of blocks containing transactions on the Bitcoin Cash Network, the Hard Forks etc.).

5. As micropayments are delivered to required amount of unique BCH addresses, memopay notifies Client about the successful completion of the Cost-per-Mille ad campaign and prepaid Services are considered to be provided.

B. The process of Services’ provision for Cost-per-Click ad campaign is as follow:

1. Client requests to run a Cost-per-Click ad campaign with memopay by submitting the Request Form via the Website or via Email to [email protected] with all required information.

By requesting a Cost-per-Click ad campaign Client should provide memopay with the following information:
- Message to be sent (max. 150 characters);
- URL to redirect to (we recommend to use Tracking URL);
- Starting date of the campaign;
- The ad campaign budget in USD (min. 1,000 USD);
- Client’s contact information: company name, contact person, Email address.

2. memopay contacts Client to approve / reject the ad campaign.

As ad campaign is approved memopay provides Client with the link to the personal dashboard that allows to track real-time progress of the ad campaign and contains important information including but not limited to: BCH address to fund the ad campaign budget; Kick-off date of the ad campaign; current Balance of the ad campaign’s BCH address; Basic Cost of 1 Click (“Click”) (is fixed for the ad campaign upon payment arrival to the ad campaign’s BCH address); Actual Cost of 1 Click (is calculated as follow: amount of BCH already spent / Actual amount of Clicks); Forecast amount of Clicks (“Clicks”) for the campaign (a forecast value that is calculated as follow: Current balance / Basic Cost-per-Click); Actual amount of Clicks (data are provided by third party service and rechecked by memopay); amount of BCH already spent (equal to Actual amount of Clicks * Daily Cost-per-Click); amount of ad Messages sent including Blockchain’s transactions’ ID; Click-through-rate (“CTR”) (calculated as Actual amount of Clicks / Amount of ad Messages sent); Daily CTR (calculated as Daily Actual amount of Clicks / Daily Amount of ad Messages sent); Daily CPC that is calculated based n Basic Cost of 1 Click and CTR.

memopay uses third party service in order to count unique Clicks and to retrieve transactions’ ID and is not responsible or liable for quality and correct work of such third party service.

Ad campaigns for inappropriate or fraudulent products and services will not be accepted. memopay has a right to refuse to run an ad campaign for any or no reason without liability. In case ad campaign budget was already funded to the ad campaign’s BCH address, memopay will refund Client funded amount reduced to costs related with such refund (including but not limited to transaction fees).

Client can request a change to its ad campaign request at any time, but not later than one (1) day before the starting date of the ad campaign indicated in the initial Request Form, via email to [email protected].

3. Client funds BCH address indicated in his ad campaign’s dashboard with the ad campaign budget as defined in Section 3-B of these Terms.

4. If the payment is received in line with Section 3-B of these Terms, on the date of the campaign memopay starts sending micropayments containing Client’s ad message in OP_RETURNS via the Bitcoin Cash Network to unique BCH addresses to ensure required amount of Clicks corresponding to the ad campaign budget (date, message and budget are taken from the Client’s Request Form).

memopay sends required amount of micropayments containing Client’s ad message in OP_RETURNS during few days. Amount of such days and amount of micropayments to be sent totally and daily are determined by memopay in its sole discretion and considering the network activity.

In order to count Clicks for each ad campaign memopay uses redirect links that lead to the URL indicated by Client in the Request Form and allow to count Clicks during the redirect. In order to count Clicks memopay uses third party service and its own hits’ counting algorithm that allows to eliminate possible discrepancies in Click’s counting.

As Click quality is important for advertisers and Actual amount of Clicks is a baseline for Cost-per-click ad campaign’s fees memopay not only rechecks Clicks counted by third party service, but also categorizes every Click as either a valid, or an invalid Click.

Invalid are all Clicks that memopay considers to be low-quality, such as including but not limited to Clicks by automated clicking tools, robots, spiders, test servers, malicious software, coming from questionable sources or as a result of fraudulent activity.

One (1) Actual Click is equal to one (1) valid Click counted each time a link in the ad message is clicked. Client is billed for valid Clicks only.

Considering the nature of the Blockchain and openness of transactions containing the Client’s ad message in OP_RETURNS, memopay can not restrict anyone from accessing and clicking the link containing in the Client’s ad message during the ad campaign and after its completion. That means that WHILE MEMOPAY WILL TRY TO ENSURE AS MUCH UNIQUE CLICKS AS POSSIBLE, MEMOPAY CAN NOT QUARANTEE THAT ONE (1) ACTUAL CLICK INDICATED AT THE DASHBOARD IS EQUAL TO ONE (1) UNIQUE CLICK.

5. Cost-per-Click ad campaign ends and prepaid Services are considered to be provided as Forecast amount of Clicks calculated based on ad campaign’s budget and Cost of one (1) Click is equal to zero (0).

memopay will try to ensure the required amount of Clicks, but can not guarantee it and shall not be liable for non-performance due to causes beyond its reasonable control (including but not limited to content of the ad campaign and its relevance to BCH holders, Bitcoin Cash network activity etc.).

In case amount of Clicks corresponding to the Forecast amount of Clicks will be not achieved within three (3) months from the Kick-off date of the ad campaign, Client may request refund of ad campaign budget remained. memopay will refund remained budget reduced to costs related with such refund (including but not limited to transaction fees).

All Clicks that take place after the ad campaign completion cause no additional fees to Client.



memopay may terminate any ad campaign request or these Terms (which also terminates any and all underlying ad campaign requests) at any time for any or no reason without liability, effective immediately, by providing written notice to Client. memopay will reimburse any fees that were prepaid for ad campaigns to be rendered after the date of such termination.

memopay reserves the right in its sole discretion, and without any prior notice, to terminate your access to the Service for any reason, including your breach of these Terms, or a violation of the rights of another Client or the law. memopay reserves the right with or without notice to you at any time to change, modify or discontinue any Services or a portion or attribute thereof, or the offering of any information, good, content, product or service. memopay shall have no liability to you or any third party should memopay modify or discontinue any Services or an aspect thereof.



2. Ad Campaign Request

By using memopay's Services and submitting an ad campaign request via the Request Form or Email, you represent and warrant that:

A. you agree to these Terms on your company's behalf and that you have full legal power and authority to enter into these Terms, perform the obligations hereunder, and authorize and pay the ad campaign fees set forth in the Request Form on the Website or in the Email;

B. you are either more than 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms;

C. you agree to be financially responsible for your ad campaign request and to comply with your responsibilities and obligations as stated in these Terms;

D. all information you submit to memopay or in connection with Services is accurate and complete;

E. you agree to be contacted via Email regarding memopay's Services and to provide memopay with statistical data regarding ad campaign performance available to you;

F. you are granting memopay permission to access your information, text or other material posted/uploaded/transmitted to or through the Website or Email, solely in connection with the provision of Services.



3. Fees and Payment

A. Cost-per-Mille ad campaign.

memopay determines a Cost-per-Mille ad campaign fees based on amount of Messages Client wants to be sent during the ad campaign, a price of ten thousands (10,000) Messages, amount of BCH that are sent with each micropayment and considering different factors including but not limited to content of the ad campaign and its relevance to BCH holders, amount of ad campaigns’ requests. Each factor is dynamic which means that fees can vary at any time.

Current price of ten thousands (10,000) Messages is amount of BCH equivalent to three hundred five (305) USD. memopay may change the price of ten thousands (10,000) Messages anytime in its sole discretion, and without any prior notice, but these changes will not apply retroactively and will not affect any ongoing and/or already prepaid ad campaigns.

Amount of BCH to be sent with each micropayment is defined by memopay in its sole discretion. In some cases this amount may be increased in line with Client’s request with simultaneous increase of the price of ten thousands (10,000) Messages sent and therefore increase of Cost-per-Mille ad campaign fees.

memopay notifies Client about the ad campaign fees via its Website (as Client fill the Request Form) or via Email.

Client agrees to pay indicated ad campaign fees to memopay at latest one (1) day before the starting date of the campaign indicated in Client’s Request Form or Email. If ad campaign fees are past due, memopay will not run an ad campaign and will consider Client’s request as cancelled.

Cost-per-Mille ad campaign fees should be paid IN BITCOIN CASH to memopay's BCH address provided to Client via memopay Website (as Client fill the Request Form) or via Email.

memopay's ad campaign fees are net and indicate the amount of BCH that memopay should receive to its BCH address in order to run an ad campaign. Client is responsible for any taxes, charges and fees (including BCH transaction fees) that may arise in regard with the payment.

In case memopay receives to its BCH address amount of BCH greater or lower than ad campaign fees indicated to Client via memopay's Website (as Client fill the Request Form) or via Email, memopay will automatically recalculate amount of Messages to be sent for the ad campaign based on amount of BCH received and price of one (1) Message and inform Client about updated Services’ conditions via Email provided. Client can get initial amount of Messages by paying the insufficient amount of BCH or by accepting refund for excessive amount of BCH (minus transaction fee).

Client may terminate its ad campaign request or the ongoin ad campaign by providing written notice to memopay via email to [email protected] not later than one (1) day before the termination date. In the event of such termination, Client will have to pay Termination Fee - 25% of the ad campaign fees, and memopay will reimburse ad campaign fees that were prepaid by Client minus the Termination Fee within one (1) week after the date of such termination.

B. Cost-per-Click ad campaign.

Client agrees to fund indicated in the Request Form or Email ad campaign budget to the BCH address indicated at the dashboard at latest one (1) day before the starting date of the campaign indicated in Client’s Request Form or Email. If payment is past due, memopay will not run an ad campaign and will consider Client’s request as cancelled.

Ad campaign budget should be funded IN BITCOIN CASH. Minimum budget is amount of BCH equal to fifty (1,000) USD.

In case ad campaign’s BCH address is funded with amount of BCH greater or lower than ad campaign budget indicated by Client via memopay Website (as Client fill the Request Form) or via Email, memopay will automatically recalculate Forecast amount of Clicks for the ad campaign based on amount of BCH funded and Basic price of one (1) Click. This information will be available to Client via the dashboard. Client can get desired amount of Clicks by paying the insufficient amount of BCH or by accepting refund for excessive amount of BCH (minus transaction fee).

memopay determines a Cost-per-Click ad campaign’s fees based on amount of Actual Clicks, a Daily price of one (1) Click, Daily Click-through-rate and amount of BCH sent with each micropayment. Each factor is dynamic which means that fees can vary at any time.

Daily price of one (1) Click is calculated dynamically based on Basic price of one (1) Click and Daily CTR.

Basic price of one (1) Click is amount of BCH equivalent to eleven (11) USD twenty one (21) cent fixed for the ad campaign upon payment arrival to the ad campaign’s BCH address. memopay may change the basic price of one (1) Click anytime in its sole discretion, and without any prior notice, but these changes will not apply retroactively and will not affect any ongoing and/or already prepaid ad campaigns. memopay notifies Client about the ad campaign fees via its Website (as Client fill the Request Form) or via Email.

Basic price of one (1) Click is applicable to:
- all Clicks that take place while Daily CTR’s value is range from 0.75% to 1% including;
- all Clicks that take place each day when no ad messages were sent, but the ad campaign was in progress.

Basic price of one (1) Click will be adjusted on a 24 hours basis considering the ad campaign’s Daily CTR.

The Daily CTR shows how qualitative, attractive and relevant Client’s ad is for cryptocurrencies owners.

If memopay sees that Client's ad appeals to Bitcoiners and its CTR is high (> 1%), then Client will be rewarded with a lower CPC and vice versa - low ad's quality and attractiveness (CTR < 0.75%) causes increase of the basic price of one (1) Click.

Each increase/decrease of CTR at 0.01% leads to decrease/increase of the basic price of one (1) Click. memopay applies special decreasing and increasing factor to establish correlation between CTR and CPC. For Client that means that price of one (1) Click may be lower or higher than Basic price of one (1) click fixed for the ad campaign upon payment arrival to the ad campaign’s BCH address with minimum price per Click equal to Basic price of one (1) click multiplied by 0.5 and maximum price per Click equal to Basic price of one (1) click multiplied by 2.4 depending on Daily CTR’s value:

Daily CTR Daily Price of 1 Click
> 1% up to Ad campaign’s Basic price of one (1) Click * 0.5
0.75% - 1.5% Ad campaign’s Basic price of one (1) Click
< 0.75% up to Ad campaign’s Basic price of one (1) Click * 2.4

If value of the ad campaign’s CTR is 0.05% and lower, the ad campaign is suspended automatically.

To restart the ad campaign Client have to change the ad message to make it more attractive and qualitative so the ad campaign’s CTR could be increased. A new ad message should be approved by memopay.

In case of either a newly started or a restarted ad campaign, CTR is a main indicator of an ad campaign’s success, attractiveness and relevance of Client’s ad to cryptocurrencies owners. If no clicks were registered while two thousands (2,000) ad messages were successfully delivered, memopay will suspend the ad campaign and propose a Client to change the ad message to improve ad campaign’s CTR. In this case two thousands (2,000) ad messages that were already sent should be paid by Client separately on a Cost-per-Mille basis. The fee should be paid in BCH and will be calculated as follow: Price of ten thousands (10,000) Messages at the moment of payment / 10 * 2.

The same ad campaign may be restarted maximum 2 times. After memopay suspends the same ad campaign for the third time, this ad campaign is terminated. In the event of such termination, memopay will reimburse remained ad campaign’s budget prepaid by Client reduced to costs related with such termination (including but not limited to transaction fees) within one (1) week after the date of such termination.

Amount of BCH to be sent with each micropayment is defined by memopay in its sole discretion. In some cases this amount may be increased in line with Client’s request with simultaneous increase of the Basic price of one (1) Click.

Cost-per-Click ad campaign fees are calculated based on Actual amount of Clicks that take place during each 24 hours and Daily price of one (1) Click defined based on the basic price of one (1) Click and Daily CTR value at the moment of daily payment. memopay automatically deducts Cost-per-Click ad campaign fees from the ad campaign budget daily at 14:00 CET.

memopay ad campaign fees are net and indicate the amount of BCH that memopay should receive to its BCH address in order to run an ad campaign. Client is responsible for any taxes, charges and fees (including BCH transaction fees) that may arise in regard with the payment.

Client may terminate its ad campaign request or the ongoin ad campaign by providing written notice to memopay via email to [email protected] not later than one (1) day before the termination date. In the event of such termination, Client will have to pay Termination Fee - 25% of the ad campaign fees, and memopay will reimburse ad campaign fees that were prepaid by Client minus the Termination Fee within one (1) week after the date of such termination.



4. Ad Campaign Performance

While in case of Cost-per-Mille ad campaign memopay is responsible for the delivery of requested amount of Bitcoin Cash micropayments containing the Client’s ad message in OP_RETURNS via the Bitcoin Cash Network to unique Bitcoin Cash addresses on behalf of Client only, memopay may help Client to measure effectiveness of such ad campaign in the same way as it is done for Cost-per-Click ad campaigns.

Client agrees that in order to measure the effectiveness of Cost-per-Click and if applicable Cost-per-Mille ad campaign, memopay: (a) will create a new webpage on it’s Website (for example, http://www.memopay.xyz/yourcompany) that will perform redirect to Client’s website / webpage; (b) Client’s message in OP_RETURNS will contain the hyperlink to memopay’s webpage, but not hyperlink to Client’s website / webpage; (c) memopay will solely collect and analyze statistic data (with the help of third party services if needed) and will provide Client with information regarding but not limited to Actual amount of Clicks, Click-through-rate etc.; (d) memopay can use received statistical data in its sole discretion.

Client can also measure effectiveness of the ad campaign itself.

Client agrees to provide memopay as per request with statistical data regarding ad campaign’s effectiveness including but not limited to Client’s website traffic and amount of new visitors within one (1) week prior and after the ad campaign, amount of new clients and/or services/products purchased within one (1) week after the ad campaign etc.



5. Use of Third Party Services

As a part of our Services, memopay may offer links to websites operated by various third parties and is not responsible or liable for any acts or omissions created or performed by these third parties. We provide such links for Clients convenience and reference only. memopay does not operate or control in any way any information, software, products or services available on such websites. memopay's inclusion of a link to a website does not imply any endorsement of the services or the site, its contents, or its sponsoring organisation.



6. Disclaimer of Warranties

CLIENT ACKNOWLEDGES AND AGREES THAT SERVICES ARE PROVIDED TO CLIENT ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS. MEMOPAY MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE AD CAMPAIGNS AND EXPRESSLY DISCLAIMS THE WARRANTY OF ATTRACTIVENESS OF CLIENT’S AD TO BCH HOLDERS AND WARRANTY OF FITNESS OF CLIENT’S AD CAMPAIGN FOR A PARTICULAR PURPOSE. FURTHERMORE, TO THE FULLEST EXTENT PERMITTED BY LAW, MEMOPAY SPECIFICALLY DISCLAIMS ALL WARRANTIES AND GUARANTEES REGARDING (I) THE PERFORMANCE, QUALITY AND RESULTS OF THE AD CAMPAIGNS, INCLUDING INTEREST AND REACTION OF BCH HOLDERS (RECIPIENTS OF MICROPAYMENTS), (II) THE VISIBILITY OF MESSAGES CONTAINED IN OP_RETURNS IN DIFFERENT CRYPTOCURRENCY WALLETS AND ON DIFFERENT BLOCK EXPLORERS, AND (III) THE APPEARANCE OF CLIENT’S MESSAGES IN SEARCH ENGINE’S SEARCH RESULTS. MEMOPAY SHALL NOT BE LIABLE FOR NON-PERFORMANCE DUE TO CAUSES BEYOND ITS REASONABLE CONTROL. WHILE MEMOPAY WILL TRY TO MAXIMIZE VISIBILITY OF CLIENT’S MESSAGE, MEMOPAY MAY NOT BE ABLE TO ACHIEVE A CLIENT’S SPECIFIC EXPECTATION IN THIS REGARD.



7. Limitation of Liability

MEMOPAY (INCLUDING ITS AFFILIATES, DIRECTORS, OFFICERS, AND EMPLOYEES) AND/OR ITS PARTNERS, ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF SERVICES OR WITH THE DELAY OR INABILITY TO USE THE SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICES, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MEMOPAY AND/OR ITS PARTNERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

IN NO EVENT SHALL MEMOPAY (INCLUDING ITS AFFILIATES, DIRECTORS, OFFICERS, AND EMPLOYEES) BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. MEMOPAY'S LIABILITY TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE, SHALL NOT EXCEED UP TO THE GREATER OF: (I) THE AMOUNT OF THE TOTAL FEES PAID BY CLIENT TO MEMOPAY DURING THE MOST RECENT TWELVE MONTH PERIOD AND (II) THE AMOUNT PAID TO YOU IN COMMISSIONS DURING THE MOST RECENT TWELVE MONTH PERIOD. THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE CONTRACT BETWEEN MEMOPAY AND CLIENT. Some jurisdictions do not allow the limitation of liability, so the foregoing limitation may not always apply.

MEMOPAY IS NOT RESPONSIBLE FOR ANY ERRORS, DELAYS OR DAMAGES CAUSED BY AN INCORRECT EMAIL ADDRESS PROVIDED, INCORRECT BCH ADDRESS USED FOR PAYMENT BY CLIENT OR OTHER TECHNICAL PROBLEMS BEYOND MEMOPAY REASONABLE CONTROL.

THIRD PARTIES MAY INADVERTENTLY OR FOR FRAUDULENT OR IMPROPER PURPOSES GENERATE CLICKS (“THIRD-PARTY ACTIVITIES”), WHICH MAY IMPACT THE FEES CLIENT PAYS MEMOPAY AND THE PERCEIVED EFFECTIVENESS OF AD CAMPAIGNS. CLIENT ACCEPTS THE RISK OF THIRD-PARTY ACTIVITIES WITHOUT LIABILITY TO MEMOPAY (INCLUDING ITS AFFILIATES, DIRECTORS, OFFICERS, AND EMPLOYEES). AS SUCH, THE PARTIES AGREE THAT MEMOPAY (INCLUDING ITS AFFILIATES, DIRECTORS, OFFICERS, AND EMPLOYEES) HAS NO LIABILITY FOR CLAIMS ARISING FROM OR IN CONNECTION WITH THIRD-PARTY ACTIVITIES.


8. Services Use Policy

The following is a partial list of the kinds of activities that are prohibited on or through the Services: (a) submitting Materials that are patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (b) engaging in activities or submitting Materials that could be harmful to minors; (c) engaging in activity or submitting Materials that harasses or advocates harassment of another person; (d) engaging in activity that involves the transmission of "junk mail" or unsolicited mass mailing or "spam" or harvesting or otherwise collecting personally identifiable information about Services’ users, including names, phone numbers, addresses, email addresses, (collectively, "User Data") without their consent; (e) engaging in activity, or submitting Materials, or promoting information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (f) submitting Materials that contain restricted or password only access pages, or hidden pages or images; (g) submitting Materials that displays pornographic or sexually explicit material of any kind; (h) submitting Materials that provide instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; (i) submitting Materials that contain viruses, Trojan horses, worms, or any other similar forms of malware, (j) engaging in activities or submitting Materials that solicit passwords or personally identifiable information for unlawful purposes from other users; (k) engaging in unauthorized commercial activities and/or sales without memopay's prior written consent such as advertising, solicitations, contests, sweepstakes, barter, and pyramid schemes; (l) using any robot, spider, other automatic device, or manual process to monitor, copy, or "scrape" web pages or the content contained in the Website or for any other unauthorized purpose without memopay's prior written consent; (m) using any device, software, or routine to interfere or attempt to interfere with the proper working of the Services; (n) decompiling, reverse engineering, or disassembling the software or attempting to do so; or (o) taking any action that imposes an unreasonable or disproportionately large load on the Services or memopay's hardware and software infrastructure or that of any of its Suppliers or Partners. In addition, you covenant and represent that you will not use the Services for any purpose other than those that are set forth herein, nor will you use this Services in violation of the law or these Terms.



9. Indemnification

Client will indemnify, defend, and hold memopay and its officers, directors, agents, affiliates, and employees harmless from and against any and all third party claims, actions, losses, damages, liabilities, costs, and expenses (including but not limited to attorneys’ fees and court costs) (“Third Party Claims”) arising out of or in connection with (a) the materials Client provide, Client instructions, or Client’s use of Services, (b) any breach of representations or warranties provided under these Terms by Client, (c) Client’s products or services or the provision thereof to end users, or (d) any actual, prospective, completed or terminated service between Client and a third party. memopay will notify Client promptly of any Third Party Claims for which it seeks indemnification and will permit Client to control the defence of such Third Party Claims with counsel chosen by Client; provided, that Client will not enter into any settlement that contains any admission of or stipulation to any guilt, fault, liability or wrongdoing on the part of memopay without memopay's prior written consent.



10. Miscellaneous

If memopay receives any amount of BCH to its BCH addresses without any prior request for ad campaign via the Request Form or Email, memopay reserves its right to not run any ad campaign and/or refund amount received. Such amount of BCH will be considered as donation.

Any of Client’s terms or conditions that are in addition to or different from those contained in or added by way of interlineation to the Terms, including any Request Form, as originally provided to Client by memopay that are not separately expressly agreed to in writing by both parties are deemed material and are hereby objected to and rejected by memopay. No conditions, printed or otherwise, appearing on other contracts, orders or copy instructions that conflict with, vary, or add to these Terms will be binding on memopay, and any conflicting or additional terms contained in any other documents or oral discussions are void. The Terms embodies the entire and exclusive agreement between the parties respecting the subject matter herein, and supersedes any and all prior related oral, emailed or written representations and agreements between the parties. No statements or promises by either party have been relied upon in entering into the Terms, except as expressly set forth herein.

Notices under the Terms must be in writing and sent via the following methods. memopay may provide effective notice to Client by registered or certified mail, commercial courier or by sending an email to the email address specified by Client, and the notice will be deemed received when received by Client, but in any event no later than two (2) days after dispatch by memopay. Any notices sent by Client to memopay may be sent via email to [email protected], and will be deemed received when such notice is received by memopay.

Any conflict among the Terms, and Request Forms will be resolved first in favor of the Request Forms (most recent first, if applicable), and then the Terms. The Terms may not be amended or modified except as agreed upon in writing by the parties. No provision in the Terms may be waived, except pursuant to a writing executed by the party against whom the waiver is sought to be enforced. Client may not assign any rights or obligations under the Terms without memopay's prior written consent, and any purported assignment by Client shall be void. If any provision of the Terms is held to be invalid or unenforceable, the parties will either substitute for the affected provision a valid or enforceable provision that approximates the intent and economic effect of the affected provision or strike such provision without further prejudice to the Terms such that all remaining provisions of the Terms shall remain in full force and effect. Sections 6, 7, 8, 9, 10 of the Terms will survive any termination of the Terms.



11. Terms of Service for BCH holders

These Terms apply to all BCH holders, who receive any amount of BCH and/or review micropayments from memopay.

memopay reserves the right to change these Terms at any time without prior notice. Any changes that are made to these Terms will not apply retroactively and will not apply to disputes or events occurring before the change is published. In the event that any changes are made, the revised Terms shall be posted on the Website. You are responsible for reviewing these Terms on a regular basis, please check the latest information posted herein to inform yourself of any changes.

As memopay on behalf of Client delivers Bitcoin Cash micropayments containing a Client’s messages (including links to websites operated by Client and/or various third parties) in OP_RETURNS via the Bitcoin Cash Network to requested amount of unique Bitcoin Cash addresses, and considering the transparent and permissionless nature of the Blockchain, you as BCH holder may receive such micropayment.

memopay can deliver micropayments containing the message (including links to websites operated by Client and/or various third parties) in OP_RETURN for any services and products paid by any Client.

Amount of BCH to be sent with each micropayment is defined by memopay in its sole discretion. BCH holders receiving micropayment owe nothing to memopay or its Clients in exchange for received micropayment.

memopay can not accept responsibility for the content of external websites linked to through micropayments memopay delivers to BCH holders. Third-party links are not affiliated with us. memopay is not responsible for examining or evaluating the content or accuracy and does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. memopay is also not responsible if information made available via micropayments is not accurate, complete or current.

Third party content is accessed at the BCH holders own risk. Any reliance on the materials sent via memopay micropayments is at your own risk. memopay can not accept responsibility for any loss or inconvenience caused by reliance on any material contained in messages in micropayments delivered to BCH holders. All materials sent via micropayments are for informational purposes only. None of the material should be interpreted as investment advice. memopay is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites linked to through micropayments memopay delivers to BCH holders. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

memopay uses 300 BCH addresses to deliver messages to BCH holders on behalf of its Clients:

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3. It is sent from one of memopay's official addresses listed above.

If the message you received meets all of these requirements it is official and trusted memopay message. Otherwise we recommend you do not click any links in it!

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By receiving memopay's micropayment and not performing opt-out, you agree and consent to the policies contained in these Terms.

Specifically, you agree to hold memopay its affiliates, officers, directors, employees, agents, Clients and third party service providers harmless from and defend them against any claims, costs, damages, losses, expenses, and any other liabilities, including attorneys’ fees and costs, arising out of or related to your obtainment or review of messages in memopay's micropayments, your violation of these Terms, and/or your violation of the rights of any third party or person. memopay will not be liable for any special, consequential, indirect, incidental, punitive, reliance, or exemplary damages, whether in tort, contract, or any other legal theory, arising out of or in any way connected with these Terms or your obtainment or review of messages in memopay's micropayments, including but not limited to losses, expenses, damages for loss of profits, goodwill, use, or data. This limitation on liability shall not be affected even if memopay has been advised of the possibility of such damages. You agree to release memopay our affiliates, Clients, and third-party service providers, and each associated director, employee, agents, and officers, from claims, demands and damages (actual and consequential), of every kind and nature, known and unknown, disclosed or undisclosed, arising out of or in any way connected to your obtainment of messages in memopay's micropayments.




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Last updated: August 23rd, 2019