Terms of Service · MyMembers

1. Introduction

These Terms of Service ("TOS") are a binding agreement between you ("Creator", "you") and MyMembers AS, a company registered in Norway with organization number 936993826 ("MyMembers.io", "we", "us"), about your use of the MyMembers.io platform and related services (the "Service").

By creating an account or using the Service you confirm that you have read and accepted these TOS. If you do not agree, you may not use the Service.
You confirm that you use the Service in the course of a business or profession, not as a consumer.
These TOS do not govern the purchases your subscribers make from you. Those are governed by your own terms of sale.

2. The Service

MyMembers.io is software that creators use to sell and manage their own subscriptions. With it you can:

publish a sales page for your offer;
take payment through your own payment provider account (Stripe);
control access to your own channels and groups on external services such as Telegram and Discord;
see your members, revenue and cancellations.

We do not create, review or endorse creator content, and we do not guarantee the quality, availability or outcomes of anything a creator sells.

3. You are the seller

Seller of record. You are the seller and supplier of record of everything you sell through the Service. The contract for a subscription is between you and your subscriber. We are not a party to your sales.
Our role. We supply software and related services to you. Toward your subscribers we act only on your instructions and on your behalf.
Your terms. You set your prices, trials, discounts and terms of sale. If you do not link your own terms, the standard terms of sale on your page are issued in your name and are your terms.
Your money. Payments are made to your own payment provider account. They never pass through MyMembers.io, and we never hold your funds.
Your access rules. The rules the Service applies to your channels are your rules, carried out for you: access is granted when a subscription is paid and removed when it ends. A free introductory trial applies to new members only, unless you choose in your page settings to give it to returning members too. Returning members can also get a trial through a win-back offer you have enabled.
Your name. You must identify yourself to your subscribers as the seller. Your page shows your seller name and your terms of sale, and the business name and statement descriptor on your payment provider account must be your own, not MyMembers.io's. You confirm your seller name and terms of sale in the Service. While your payment provider account shows a name that is not yours, you cannot create new pages, and we may disable your pages until it is corrected.
Your subscribers. You handle questions, complaints, refunds and disputes from your subscribers.

4. Taxes

You are solely responsible for all taxes on your sales, including VAT, GST and sales tax in the countries where your subscribers are located.
That includes registering where required, charging the correct tax, issuing any required invoices, and reporting and paying the tax.
We do not calculate, collect or remit tax on your sales. Tools we make available, such as support for Stripe Tax on your own account, are aids only.
Our fees are stated exclusive of VAT. If you are a business outside Norway, you account for any VAT on our fees under the reverse-charge rules of your country.

5. Your account

Give accurate information when you register and keep it up to date, including your seller name and contact email.
Keep your login and your payment provider credentials secure. You are responsible for everything done under your account.
The API key you connect lets the Service act on your payment provider account for the purposes in these TOS. You can revoke it at any time in your payment provider's dashboard; the Service then stops working for your pages.

6. Fees and payment

You pay a platform fee calculated as a percentage of the revenue you make through the Service, plus any optional services you use.

Fees are invoiced monthly for the previous month.
Invoices are charged to your stored payment method, or paid by you through the payment link on the invoice.
Invoices are due by the 10th of each month.
Every charge is itemised on the invoice, so you can see what each amount is for.

If an invoice remains unpaid, we may:

disable your sales pages;
pause access management in your connected channels and groups;
suspend or close your account.

By accepting these TOS you authorise us to charge the fees to your stored payment method.

7. Smart Recovery

Smart Recovery is an optional service that tries to win back subscribers who cancel or fail to renew.

Your choice. Smart Recovery is on by default for new pages. You decide whether it runs and can turn it off at any time in your page settings. Turning it off stops new campaigns; it does not affect fees for subscriptions already recovered.
Your offers. You set the maximum discount and how long it lasts. Offers are made by you, in your name and brand, and sent on your behalf.
How it works. The service analyses your subscribers' history and sends automated messages and offers when a subscriber cancels or lapses.
Fee. You pay only when a subscriber is recovered: 20% of the recovered subscription revenue, shown on your monthly invoice as "Smart Recovery Service" with the number of recovered subscriptions.
No guarantee. Results vary with your audience and offer. We do not guarantee any recovery rate or revenue.
Changes. We may change, suspend or discontinue Smart Recovery with reasonable notice, including its fee.
Responsibility. You are responsible for the offers and messages sent in your name, and for having a lawful basis to contact your subscribers.
Your own messages. With Smart Recovery on, you can also send a message that you write yourself to subscribers who cancelled. You are responsible for what it says and for any offer in it. We limit how often a page and a person can be messaged, add an unsubscribe link to every message, and may pause messages for a page that draws spam complaints.

8. Automated processing

Smart Recovery uses automated analysis, including machine learning, to decide when and how to contact a subscriber within the limits you set.
We monitor the system for quality and compliance. You can ask our support team how a campaign was decided, or to change its settings.

9. Personal data

For your subscribers' personal data, you are the data controller and we are your data processor. We process it only to provide the Service to you, including access management and, if enabled, Smart Recovery.
You are responsible for informing your subscribers and for having a lawful basis for the processing.
For your own account data we are the data controller. Our Privacy Policy describes both roles.

10. Content and intellectual property

You keep ownership of the content you publish.
You grant us a licence to host, display and adapt the content on your pages as needed to provide the Service.
We keep ownership of the platform, its code, design and branding.

11. Acceptable use

You must comply with the law, with our Acceptable Use Policy, and with the rules of your payment provider and of the services your channels run on. You may not sell or give access to:

content that is illegal, harmful or hateful;
content you do not hold the rights to, including other people's paid, leaked or pirated content;
pornographic or sexually explicit content;
intimate images or recordings of any person shared without that person's consent, or sexual content involving anyone under 18;
anything restricted by Stripe's restricted businesses list or acceptable use rules.

We may remove a page, or suspend or close an account, that breaks these rules.

12. Refunds and disputes with subscribers

You handle refund requests from your subscribers and decide whether to grant them.
We do not decide refunds and do not issue them on our own initiative. When you issue a refund from your dashboard, the Service carries it out on your payment provider account on your instruction.
Chargebacks and payment disputes are raised against your payment provider account and are yours to answer.
We may suspend your access to the Service where your handling of refunds or disputes puts subscribers or the platform at risk.

13. Suspension and termination

You may close your account at any time.
We may suspend or close your account, or disable a page, if you breach these TOS, do not pay your fees, or put subscribers or the platform at risk.
Suspension affects your access to the Service only. We do not change the terms of the subscriptions you have sold; those remain between you and your subscribers.
Fees for the period up to termination remain payable.

14. Indemnity

You will indemnify MyMembers AS against claims, losses and costs, including reasonable legal fees, that arise from:

your sales, content or channels;
taxes, interest and penalties on your sales that an authority seeks to recover from us;
claims from your subscribers;
your breach of these TOS or of the law.

15. Availability and liability

The Service is provided "as is". We do not guarantee that it will be uninterrupted or free of errors, and it depends on third parties such as Stripe and Telegram.
We are not liable for indirect or consequential loss, including lost revenue, lost subscribers or damage to reputation.
Our total liability to you in any 12-month period is limited to the fees you paid us in that period.
Nothing in these TOS limits liability that cannot be limited by law, such as liability for intent or gross negligence.

16. Governing law and disputes

These TOS are governed by the laws of Norway.
Contact us first at support@mymembers.io; we will try to resolve any dispute directly.
Disputes that are not resolved are decided by the Norwegian courts, with Oslo District Court as the agreed venue.

17. Changes to these terms

We may update these TOS.
We will tell you about material changes by email or in the Service before they take effect.
If you keep using the Service after a change takes effect, you accept the updated TOS.

18. Contact

MyMembers AS, organization number 936993826, Norway. support@mymembers.io