Terms of Service

1. Acceptance of Terms

By accessing or using MemoryKey at memorykey.co (the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to all of these Terms, you must not use the Service. These Terms constitute a legally binding agreement between you and MemoryKey.

These Terms incorporate by reference our Privacy Policy, which governs how we collect, use, and protect your data. By using the Service, you also agree to the Privacy Policy.

2. Description of Service

MemoryKey provides a platform for storing and managing personal memory and context data accessible via a REST API, web dashboard, and MCP protocol. The Service includes AI-powered features such as memory synthesis, interactive Brain conversations, and periodic memory consolidation, which process your data using third-party AI services (Anthropic Claude). The Service also supports file uploads (PDF, Markdown, plain text) and an optional Bring Your Own Database (BYODB) feature.

The Service is provided "as is" and "as available" without warranty of any kind. We reserve the right to modify, suspend, or discontinue the Service at any time, with or without notice, and without liability to you.

3. Eligibility

You must be at least 16 years old to use the Service. By using the Service you represent and warrant that you meet this requirement and that you have the legal capacity to enter into these Terms.

4. Account Registration

To use the Service, you must create an account through our authentication provider (Clerk). You agree to:

• Provide accurate, current, and complete information during registration.
• Maintain the accuracy of your account information.
• Maintain the security and confidentiality of your login credentials.
• Accept responsibility for all activities that occur under your account.
• Notify us immediately of any unauthorized access to your account.

You may not create multiple accounts for the purpose of circumventing usage limits or these Terms. We reserve the right to suspend accounts that we reasonably believe contain inaccurate information.

5. User Responsibilities

You are solely responsible for:

• All content you store in the Service, including your context data.
• Maintaining the confidentiality of your API keys. Any activity under your API keys is your responsibility.
• Ensuring that any agents you connect to the Service comply with applicable laws and these Terms.
• Any damage caused by sharing your API keys or granting access to third parties.

6. Prohibited Uses

You may not use the Service to:

• Store, transmit, or process any unlawful, harmful, defamatory, obscene, or otherwise objectionable content.
• Violate any applicable local, national, or international law or regulation.
• Attempt to gain unauthorized access to any part of the Service or its infrastructure.
• Reverse engineer, decompile, or attempt to extract the source code of the Service.
• Use the Service in any manner that could disable, overburden, or impair the Service.
• Store any sensitive personal data of third parties without their explicit consent.

7. Intellectual Property

Service IP: The Service, including its source code, design, features, documentation, trademarks, and all related intellectual property, is owned by MemoryKey and protected by applicable intellectual property laws. Nothing in these Terms grants you any right to use our trademarks, logos, or branding without prior written consent.

Your data: You retain all ownership rights to the data you store in the Service (context data, uploaded files, and conversation content). By using the Service, you grant MemoryKey a limited, non-exclusive, worldwide license to use, process, store, and transmit your data solely for the purpose of providing the Service, including sending your data to our AI sub-processors as described in our Privacy Policy.

Feedback: If you provide us with feedback, suggestions, or ideas about the Service, you grant us a non-exclusive, royalty-free, perpetual license to use and incorporate that feedback without obligation to you.

8. AI Processing, Consent, and Disclaimer

The Service uses Anthropic's Claude AI to process your memory data. By using the Service, you expressly consent to:

• Your memory data being sent to Anthropic's API for synthesis, Brain conversations, memory consolidation, and file summarization.
• Your data being processed on Anthropic's servers, which are located in the United States.
• AI-generated modifications to your memory content (e.g., merging, deduplication, restructuring) performed by the synthesis and digest features.

You retain the ability to review, edit, revert, or delete any AI-processed content at any time. AI processing is integral to the Service; you cannot use the Service while opting out of AI processing.

AI outputs are provided "as is" without warranty of any kind, express or implied. MemoryKey is not responsible for the accuracy, completeness, reliability, or appropriateness of any AI-generated content, including but not limited to memory synthesis results, Brain conversation responses, digest consolidation outputs, and file summaries.

You acknowledge that AI may produce inaccurate, incomplete, misleading, or inappropriate outputs. You assume all risk associated with the use of AI-generated content. You are solely responsible for reviewing and validating all AI-processed content before relying on it.

MemoryKey shall not be liable for any loss, corruption, alteration, or destruction of data caused by AI processing, including but not limited to memory synthesis, consolidation, deduplication, or restructuring operations. MemoryKey shall not be liable for any decisions, actions, or consequences based on AI-generated outputs.

9. File Uploads

The Service allows you to upload PDF, Markdown (.md), and plain text (.txt) files subject to the following terms:

• Maximum file size: 10 MB per file. Maximum files per user: 20 files.
• Text is extracted from uploaded files and stored as part of your memory data.
• You represent and warrant that you have the right to upload any file and that its content does not violate any applicable law, third-party rights, or these Terms.
• By uploading files, you grant MemoryKey the same license to process and store the extracted text as described in Section 7 (Intellectual Property).
• We may reject or remove files that violate these Terms.

MemoryKey is not liable for the accuracy of text extraction from uploaded files, file processing errors, data loss during extraction, or any consequences arising from extracted file content.

10. Bring Your Own Database (BYODB)

The Service offers an optional feature allowing you to connect your own PostgreSQL database for data storage. If you use this feature:

• You are solely responsible for the security, availability, backup, and maintenance of your database.
• You provide your database connection credentials at your own risk. We store these credentials securely but are not liable for any breach originating from your database infrastructure.
• We are not responsible for any data loss, corruption, or unauthorized access in your self-hosted database.
• You must ensure your database meets minimum compatibility requirements as documented in the Service.
• We reserve the right to discontinue BYODB support or change compatibility requirements with reasonable notice.

The limitations of liability in these Terms apply fully to any data stored in your own database through the Service. MemoryKey accepts no responsibility whatsoever for the security, integrity, availability, or compliance of your self-hosted database infrastructure.

11. API Usage

Access to the MemoryKey API is subject to the following:

• You must use valid API keys to authenticate requests. API keys are confidential; you are responsible for their security.
• We may impose rate limits, usage quotas, or fair-use restrictions at any time.
• You must not use the API to scrape, bulk-download, or systematically extract data beyond normal usage patterns.
• We may suspend or revoke API access for excessive use, abuse, or violation of these Terms without prior notice.
• API availability is provided on an "as available" basis. We do not guarantee uptime or response time SLAs unless separately agreed in writing.

12. Disclaimer of Warranties

The service is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, or availability. We do not warrant that the service will be uninterrupted, error-free, secure, or free of viruses or other harmful components.

Without limiting the foregoing, we make no warranty regarding: (a) the accuracy, completeness, or reliability of any AI-generated content; (b) the availability or performance of third-party AI services; (c) the accuracy of file text extraction or data processing outcomes; (d) the suitability of the service for any particular purpose; or (e) the security or integrity of data stored in user-provided (BYODB) databases.

13. Limitation of Liability

To the maximum extent permitted by applicable law, MemoryKey and its operators shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to loss of profits, loss of data, loss of goodwill, service interruption, computer damage, or system failure, even if we have been advised of the possibility of such damages.

Without limiting the foregoing, MemoryKey shall have no liability whatsoever for: (a) losses arising from AI-generated content or AI processing of your data; (b) data modifications, deletions, or corruptions caused by AI features including synthesis, consolidation, and digest operations; (c) failures, errors, or outages of third-party AI services (Anthropic), authentication services (Clerk), database providers (Neon), or hosting providers (Vercel); (d) any issues arising from your use of the Bring Your Own Database (BYODB) feature; (e) file processing errors or inaccuracies in text extraction; (f) actions taken by third-party AI agents connected to your account; or (g) any consequences of decisions made based on AI-generated outputs.

To the maximum extent permitted by applicable law, MemoryKey's total cumulative liability to you for any and all claims arising out of or related to these terms or the service shall be zero. You agree that your sole remedy for dissatisfaction with the service is to stop using it.

Some jurisdictions do not allow the complete exclusion of liability. In such jurisdictions, our liability is limited to the minimum amount permitted by applicable law.

14. Data Loss

We implement encryption and security measures, but we are not responsible for any loss, corruption, or unauthorized access to your data. AI processing features may modify, restructure, consolidate, or reorganize your memory data as part of normal Service operations. You are solely responsible for maintaining independent backups of any data you consider critical. The version history feature is provided as a convenience and does not constitute a data backup guarantee.

MemoryKey accepts no liability for data changes initiated by AI processing, including but not limited to memory synthesis, digest consolidation, deduplication, and restructuring. These operations are integral to the Service and may alter your stored data.

15. Third-Party Agents and Integrations

The Service is designed to be accessed by third-party AI agents and tools. We have no control over, and accept no responsibility for, the behavior of any third-party agent that accesses your context. You grant access to agents at your own risk. Any damage caused by an agent — including unauthorized writes, data exposure, or misuse of your context — is entirely your responsibility.

The Service relies on third-party services including Anthropic (AI processing), Clerk (authentication), Neon (database hosting), and Vercel (compute and hosting). We are not responsible for outages, errors, data handling failures, or any other issues caused by these third-party providers. Their use is governed by their respective terms of service and privacy policies.

16. Indemnification

You agree to indemnify, defend, and hold harmless MemoryKey and its operators from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with: (a) your access to or use of the Service; (b) your violation of these Terms; (c) your violation of any third-party rights; (d) content you store in or upload to the Service; (e) your use of or reliance on AI-generated content or AI-processed data; (f) your use of the Bring Your Own Database feature; or (g) any third-party agent activity on your account.

17. Termination

We reserve the right to suspend or terminate your access to the Service at any time, for any reason, with or without notice, and without liability to you. Upon termination, your right to use the Service ceases immediately.

We will retain your data for 30 days after termination to allow for data export requests, after which it will be permanently deleted. Provisions that by their nature should survive termination will survive, including but not limited to: Intellectual Property, Disclaimer of Warranties, Limitation of Liability, Indemnification, and Governing Law.

18. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Israel, without regard to conflict of law principles.

Any dispute arising out of or relating to these Terms or the Service shall first be attempted to be resolved through good-faith negotiation for a period of 30 days. If the dispute cannot be resolved through negotiation, it shall be submitted to the exclusive jurisdiction of the courts located in Tel Aviv, Israel.

Notwithstanding the foregoing, either party may seek injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual property rights.

19. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, severed from these Terms. The remaining provisions shall continue in full force and effect.

20. Entire Agreement

These Terms, together with the Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and MemoryKey regarding your use of the Service. These Terms supersede all prior agreements, understandings, and communications, whether written or oral, relating to the subject matter hereof.

21. Force Majeure

MemoryKey shall not be liable for any failure or delay in performing its obligations under these Terms due to causes beyond its reasonable control, including but not limited to: natural disasters, acts of government, internet or infrastructure failures, cyberattacks, pandemics, labor disputes, AI service outages or degradation, or failures of third-party service providers.

22. Assignment

You may not assign or transfer these Terms or any rights or obligations hereunder without our prior written consent. We may assign these Terms in whole or in part at any time without notice. Any attempted assignment in violation of this section is void.

23. Waiver

The failure of MemoryKey to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. A waiver of any term shall not be deemed a waiver of any other term, and a waiver granted on one occasion shall not constitute a continuing waiver.

24. Changes to Terms

We reserve the right to modify these Terms at any time. For material changes, we will make reasonable efforts to provide at least 15 days' notice via email or in-app notification before the changes take effect. Continued use of the Service after the effective date of any modification constitutes your acceptance of the new Terms. We will update the "Last updated" date at the top of this page.

25. Contact

Questions about these Terms? Contact us here.