MemoDueTerms of Use

1. About these terms

These Terms of Use (including the Acceptable Use rules below) apply when you use MemoDue: this website, the MemoDue Solana program, and the MemoDue agent SDK, command-line tool (CLI) and MCP server. In these terms "we", "us" and "our" means [CONTRACTING ENTITY — Mako Flux Pty Ltd or new subsidiary, TBD] (ABN [ABN TBD]), and "you" means the person using MemoDue, or the organisation they act for.

Effective date: [EFFECTIVE DATE TBD]. By creating, reading or closing a note, or by running software that does so for you, you agree to these terms. If you do not agree, please do not use MemoDue.

Important: unlocking and reading a note relies on third-party providers outside our control. If any of them is unavailable when a note is due, the note may be delayed or may become permanently unreadable, and we cannot release it another way. See sections 3 and 4.

2. Devnet only: a test service

MemoDue is a test service on Solana devnet. Devnet SOL has no value, devnet can be reset, and nothing here is a production service or a financial product. Do not use MemoDue for anything you cannot afford to lose, for real secrets, or for anything where timing or delivery matters to you or someone else.

3. MemoDue depends on services we do not control

A note can only be created, read or closed if all of these outside services are working. We do not run, own or control any of them, and they can change, slow down, fail or stop.

• The access network. Every new note is a Tier 1 note. Part of its key is released only by an access gate that runs on a third-party decentralised access network (the "access network"), and only between the note's unlock time and its expiry.
• The Solana network and RPC providers. Notes are stored on Solana devnet, and the website and agent tools reach it through RPC providers.
• drand. Note content is also time-locked to a drand quicknet round (run by the League of Entropy). A note cannot be decrypted until that round has been published and can be fetched.
• Website hosting. The website is a static site served by third-party hosting and network service providers. Your wallet or keypair and your own device and browser are also outside our control.

Unlocking and reading a note relies on these providers. If the access network, Solana, the RPC provider or drand is unavailable when a note is due, the note may be delayed, or it may become permanently unreadable if it expires first. We have no other way to release a note, and we cannot recover one that has expired unread.

Longer periods mean more risk. The longer the time between creating a note and its unlock time or expiry, the more time there is for a provider to change, suspend or stop its service before the note is read. For a note that matters, choose the shortest unlock and reading period that works for you, within the limits shown when you create a note.

We do not guarantee that a note will be delivered, can be read, or will be available at any particular time, or at all. MemoDue does not send notes to anyone: a reader needs the full link and must read between unlock and expiry. Subject to section 11 (Australian Consumer Law), we are not responsible for a failure caused by one of these services.

4. What happens if a provider stops

This section describes what MemoDue can and cannot do today. There is no backup way to release a note, and no way to return a note to its creator.

• If the access network is down or stops: reads of Tier 1 notes fail. A Tier 1 note can be read only until its expiry (at most the grace cap in the on-chain fee table after its unlock; 7 days by default). If a note expires before the network recovers, it can no longer be read by anyone, and we cannot recover it. We may pause new notes while an outage lasts. A reader's refundable Solana rent from a failed read that was not returned stays on Solana, but getting it back with "Claim back Solana rent" may have to wait until the access network recovers.
• If Solana or the RPC provider is down: creating, reading and closing notes fail. Data already on chain is not lost, but a note whose read window ends during the outage may not be readable afterwards. If devnet is reset, notes on it may be gone.
• If drand stops publishing or cannot be reached: a note stays locked until its round can be fetched. If that round is never available, the note cannot be decrypted.
• If the website is down: the website (including its fallback address, which is hosted by the same provider) cannot be used. The agent SDK and CLI talk to Solana directly, but still need the access network and drand to read a note.
• Content may be lost, but rent stays recoverable: if a provider fails, a note's content may be permanently lost, and we have no way to recover it. The note's account rent stays recoverable by closing the note on Solana, because closing does not use the access network (it does need Solana to be working). Nobody can close a finished note before its unlock time. From the unlock time the creator can close it and gets the rent back. From its expiry, the creator or anyone else (a "keeper") can close it; a keeper takes a small close tip and the rest goes to the creator. After a final takedown the note can be closed at once. Every close keeps back a small permanent amount (a "tombstone") that is never refunded, and rent owed to a blocked wallet stays frozen until the wallet is cleared. Closing does not give the note back to the creator, so keep your own copy of anything you put in a note.
• Fees: create fees already paid are not refunded, except as required by the Australian Consumer Law (see section 11). [FEE REFUND POLICY ON PROVIDER FAILURE — Alex to decide]
• Lost links: we never hold note keys. A lost link cannot be recovered by us or anyone else.

If a provider fails, changes or stops, we will use reasonable efforts to limit the effect on users (for example by pausing new notes) and, where practicable, to tell users on this site or our official channels. We do not promise to provide a replacement provider, a backup way to release notes, a way to return notes to their creators, or any refund beyond what section 11 requires.

5. Fees

Creating a note costs a create fee (set on chain and shown before you sign), account rent and Solana network fees. Each Tier 1 read costs the reader a small fee plus network fees. On devnet these are paid in devnet SOL, which has no value. Network fees and amounts paid to outside services are not ours to refund.

6. Acceptable use: what you must not put in a note

• Anything illegal where you or the reader are, including child sexual abuse material, terrorist or violent extremist material, and material that breaks sanctions.
• Threats, harassment, hate, or content that targets a person, including someone's private details (doxxing) and intimate images shared without consent.
• Malware, phishing, scams, or stolen credentials and keys that are not yours.
• Content that infringes someone else's rights.

You also must not use MemoDue to evade sanctions, attack or overload MemoDue or the services it depends on, get around a block or takedown, or pretend to be MemoDue.

7. We cannot read notes

A note is encrypted in your browser before it is written to Solana. The key is in the #k= part of the link, which browsers do not send to this site, so we cannot see or check what a note says. We act on reports.

8. Blocking and takedown: what we can do

• Block a note on this site. After a report, a note address can go on this site's blocked-notes list. Our pages then show only that the note was blocked: no decrypt, no history, no sharing. This blocks our front end only. The note and its transactions stay on Solana, and other front ends, explorers and RPC nodes can still serve them.
• Stop reads of a note. After a report, the compliance authority can set an on-chain takedown on a gated note (every new note is gated). The gate then stops releasing its key part, so the note can no longer be read through any front end. Notes are encrypted, so we still never see what they say.
• Block a creator wallet. The on-chain blocklist is live on devnet. The compliance authority can add a wallet to the compliance override list, and the program then refuses new notes and keeper closes from it. Rent that would go back to a blocked wallet stays frozen in the note account (not taken) until the wallet is cleared. This site also refuses wallets on the OFAC sanctions list before anything is signed.

If we receive a removal notice or request from the eSafety Commissioner (for example under the Online Safety Act 2021 (Cth)), a court, or another authority, we will consider it and may use the tools above. We cannot delete data that is already on Solana. A pending (suspended) takedown can be reviewed and cleared; a final takedown cannot be undone. We do not hold contact details for note creators, so we usually cannot tell them directly.

9. Reporting a note

Use the report page (the Report this note link on a note page opens it with the note address filled in), or email abuse@memodue.com with the note address. Do not send the #k= key. The report page never includes it.

A report needs only the note address and a short reason. Evidence, such as a screenshot or photo of the note, is optional, and a report without it is not given lower priority. Automated reports are accepted for review. Official requests from regulators, police and courts need no evidence; the takedown team checks them with the agency. A screenshot shows what the note says, so send no more than is needed.

10. API, SDK, agents and automated use

• The operator is bound. If you run software, a script or an AI agent that uses MemoDue (including through the SDK, CLI or MCP server), you are the operator. These terms apply to you, and you are responsible for everything your software submits or does, as if you had done it yourself.
• Content. The acceptable use rules in section 6 apply to everything an agent submits. You are liable for content your agents submit, and for keeping their wallets, keys and note links safe.
• Limits. Automated use is subject to the on-chain limits (for example unlock and expiry caps and fees), to the rate and usage limits of the RPC and other providers you use, and to any reasonable usage or rate limits we publish. Do not use automation to flood, overload or probe MemoDue or those providers.
• Enforcement. The compliance takedown, the on-chain blocklist and the site's blocked-notes list may be applied to notes and wallets used by agents in the same way as for anyone else.
• No promise that automated actions succeed. A create, read or close sent by software can fail, be refused, time out or land later than expected, including for the reasons in sections 3 and 4. Check results before relying on them.

11. Australian Consumer Law and limits on liability

Nothing in these terms excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or any other law, that cannot lawfully be excluded, restricted or modified. If you are a consumer, our services come with guarantees that cannot be excluded under the Australian Consumer Law.

Where the law allows us to limit our liability for failing to meet such a guarantee, our liability is limited, at our choice, to supplying the services again or paying the cost of having them supplied again, or refunding the fees you paid us for the affected note.

Apart from that, and to the extent the law allows: MemoDue is a devnet test service provided as it is; we are not liable for indirect or consequential loss; and our total liability to you is limited to the fees you paid us in the 12 months before the claim. These limits do not apply to loss caused by our fraud, wilful misconduct or negligence causing death or personal injury, or to anything else the law does not let us limit.

Each of us is responsible for loss to the extent it is caused by our own breach of these terms or our own unlawful act. These terms contain no indemnity from you to us.

12. Events outside our control

Neither of us is responsible for a failure or delay caused by events outside our reasonable control. These include a provider in section 3 discontinuing, changing, suspending or limiting its service; outages, congestion, forks, resets or halts of a blockchain network; failures of RPC providers, hosting, internet or power; cyber attacks; natural disasters; and changes in law or orders of an authority. If such an event affects MemoDue, we will use reasonable efforts to reduce its effect and, where practicable, tell users. This does not limit your rights under section 11.

13. Changes to MemoDue and to these terms

We may change these terms. We will post the new version on this page with its effective date and, for a change that is not minor, give at least [NOTICE PERIOD TBD, e.g. 14 days] notice on this site before it takes effect, unless a shorter time is needed to comply with the law or to deal with a security or safety issue. A change does not affect notes created before it takes effect, unless the law requires it. If you do not agree with a change, you can stop using MemoDue.

As a test service, MemoDue or parts of it may change or end. Where practicable we will give notice before we stop offering new notes, and existing notes can still be read or closed while the outside services they depend on keep working.

14. Law enforcement

We cooperate with valid legal requests from law enforcement and courts. We do not hold note keys or note text. What we can share is what we have: the note address, its public Solana records, our blocked-notes entries and any takedown we set.

15. Governing law

These terms are governed by the laws of New South Wales, Australia. Each of us submits to the non-exclusive jurisdiction of the courts of New South Wales and courts that can hear appeals from them. This does not take away any right you have under the law where you live that cannot be excluded.

16. Contacts and official address

Abuse and questions about these terms: abuse@memodue.com. Security issues: security@memodue.com (see security.txt).

The official addresses are https://devnet.memodue.si (the agent site) and https://devnet.memodue.com (the full devnet site). A MemoDue page on any other address is not ours: the page reads the key in a note link, so do not open note links there.