The legal bit

Terms of service

1. Who we are

The One Hundred is operated by Matt Kerr trading as The One Hundred, a sole trader based in New Zealand ("we," "us," "The One Hundred"). You can reach us at [BRAND-GMAIL-ADDRESS].

These Terms of Service ("Terms") form a binding contract between you ("you," "customer") and us when you purchase The One Hundred service.

2. What The One Hundred is, in plain English

When you buy The One Hundred, we generate a randomised 100-week schedule assigning you to 100 third-party mailing lists, drawn from a curated pool of approximately 520 lists. Your schedule is displayed to you immediately at purchase on your personal schedule page at theonehundred.[TLD]/schedule?t=YOUR_TOKEN. The lists span seven categories: Obscure Hobbies, Religion, Politics, Sexual, Retail, Confusing, and Other.

Over the following 100 weeks, our validator system signs your email up to one of the listed organisations per week, in the order shown on your schedule. You then receive whatever those organisations send to their list.

You are paying us to generate a randomised schedule and execute it weekly by giving your email address to those third parties. This is intentional. It is the product. Please read these Terms carefully so you understand what you are agreeing to.

The One Hundred itself sends you zero direct email. The Gumroad receipt is sent by Gumroad as part of payment processing. Your schedule lives on the page above; you can return to it any time using your token. The third parties send everything else.

3. Single-email signup

When you check out, you give us one email address: the address we will give to the third-party mailing lists on your behalf. That address is the only thing we receive from you, alongside your name and your purchase confirmation from Gumroad.

4. What you are explicitly consenting to

By purchasing The One Hundred, you explicitly consent to:

• Us generating your randomised 100-week schedule immediately upon purchase. (For EU/UK customers, this satisfies the immediate-performance waiver of the 14-day right of withdrawal under the Consumer Rights Directive / Consumer Contracts Regulations, see section 7.)
• Us submitting your email and name to up to 100 third-party mailing lists over the next 100 weeks, according to your schedule.
• Those third parties receiving your data and sending you content directly. Once we have given them your details, they hold and use that data under their own privacy policies, which we do not control and cannot warrant.
• The possibility that some lists in our pool may, despite our validation, ask for confirmation before adding you, fail to deliver, or change their behaviour after we add you. Where this happens, we substitute the next eligible list from the pool and update your schedule page to show the substitution.

This consent is required and is captured at checkout. We cannot fulfil the service without it.

5. What we cannot do for you

We are very clear about the limits of the service:

• We cannot unsubscribe you from third-party lists. Once a third party has your email, only they can remove you. You will need to use the unsubscribe links in their emails.
• We cannot make third parties behave well. If a list begins sending content you find objectionable, harasses you, contains malware, or violates their own stated policies, your remedy is with that third party (and applicable consumer-protection authorities), not with us. We validate lists at admission, but our validation cannot test for editorial behaviour over the full 100-week subscription window.
• We cannot guarantee 100 distinct lists will be available. If a list in our pool dies, blocks us, or is otherwise non-deliverable mid-subscription, we substitute the next eligible list. Your schedule page is updated to reflect substitutions transparently.
• We cannot retract subscriptions on your behalf or recall messages already sent.

6. Pricing & payment

• The One Hundred subscription is a one-off charge of USD $20. No recurring charges. No additional fees from us.
• Payment is processed by Gumroad (gumroad.com), who acts as our merchant of record. Gumroad handles your card or PayPal details under Gumroad's own terms. We never see your card number.
• Gumroad may add applicable indirect tax (VAT, GST, US sales tax) depending on your jurisdiction.

7. No refunds: what this means and why

The One Hundred operates a no-refunds policy. This is because the service is delivered immediately at purchase: when you pay, we generate your randomised 100-week schedule and display it on your schedule page. The randomisation is the deliverable; once generated and shown to you, the service has been performed.

For EU/UK consumers: under the Consumer Rights Directive (EU) and the Consumer Contracts Regulations 2013 (UK), digital services have a 14-day right of withdrawal unless you expressly consent to immediate performance and acknowledge that you lose the right to withdraw once performance begins. You provide this consent and acknowledgement at checkout by ticking the box confirming you want your schedule generated immediately. Without this consent your withdrawal right is preserved.

For New Zealand consumers: statutory rights under the Consumer Guarantees Act 1993 still apply in the case of an actual failure to deliver the service. If our validator fails to execute your schedule (e.g. we never sign you up to any lists), you are entitled to a remedy under the CGA regardless of this policy.

Chargebacks: disputing a Gumroad charge with your bank does not entitle you to a refund under these Terms. Gumroad will defend chargebacks on our behalf using your purchase consent records.

8. Service availability

The One Hundred is provided on an "as is" and "as available" basis. We do not guarantee continuous availability, that the service will always meet your expectations, or that the curated list pool will remain at any specific size. We may pause, modify, or discontinue the service at any time. If we discontinue before completing your 100 weeks, we will refund the pro-rata portion of unfulfilled weeks (this is a service-failure remedy, not a change-of-mind refund).

9. Acceptable use

You agree that:

• The email address you provide belongs to you, or you have the explicit authority of the person it belongs to.
• You are at least 18 years old.
• You will not use The One Hundred to harass any third party, to enrol another person's email without their consent, or to engage in fraud.
• You will not attempt to interfere with our infrastructure (the validator, the website, the schedule page).

If we believe you are violating this section, we may suspend or terminate your subscription. No refund applies in cases of acceptable-use violation.

10. Limitation of liability

To the maximum extent permitted by applicable law:

• Our total aggregate liability to you for any claim arising out of or relating to The One Hundred is limited to the amount you paid for the subscription (USD $20).
• We are not liable for any indirect, consequential, special, exemplary, or punitive damages, including but not limited to loss of profits, reputational damage, embarrassment, missed opportunities, or data loss, arising from third-party emails, list owner behaviour, content received, or any aspect of the service.
• We do not warrant the content, character, accuracy, legality, or appropriateness of any third-party mailing list or its emails. The lists are real organisations operating independently.
• Nothing in this section limits liability that cannot be limited under applicable law, including the New Zealand Consumer Guarantees Act 1993 where it applies.

11. Indemnity

You agree to indemnify and hold us harmless from claims arising from your use of the service in violation of these Terms, including claims by third parties against us for content delivered to your inbox at your request.

12. Modification of these Terms

We may update these Terms from time to time. The "Last updated" date at the top of this document will always reflect the most recent revision. Because The One Hundred does not maintain an email channel to you (see section 2), material changes will be posted on our website at least 14 days before they take effect. Continued use of the service or visits to your schedule page after the effective date constitute acceptance.

13. Termination

You may cease using the service at any time. Cancellation requests do not entitle you to a refund (see section 7). You can stop receiving third-party emails by unsubscribing directly with each list (see section 5).

We may terminate your subscription under section 9 (acceptable-use violation). No refund applies in those cases.

14. Governing law

These Terms are governed by the laws of New Zealand. Disputes will be heard exclusively in the courts of New Zealand, except where mandatory consumer-protection laws of your country of residence override this.

15. Severability

If any part of these Terms is held unenforceable, the remainder remains in full force.

16. Contact

Matt Kerr trading as The One Hundred [POSTAL ADDRESS: Stage 1 sole-trader address] Email: [BRAND-GMAIL-ADDRESS]

This document is a Stage 1 draft. It is not legal advice and has not been reviewed by a qualified lawyer. At Stage 2 flip (NZD $150k revenue), this document is replaced by a lawyer-reviewed version naming the Wyoming LLC as contracting party. See Task #11.