Terms of Service

1. Acceptance of Terms

By accessing or using JauMemory ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you do not have permission to access the Service.

2. Definitions

• "Service": The JauMemory platform, including all software, APIs, and related services
• "We/Us/Our": JauMemory and its current team (however small that may be at any given moment)
• "You/Your": The individual or entity using the Service
• "Content": Any memories, data, or information you store using the Service
• "Write Actions": Operations that create, modify, or analyze data (detailed in Section 5)

3. Account Registration

3.1 Eligibility

• You must be at least 13 years old (16 in the EU)
• You must provide accurate and complete information
• One account per person/entity
• You are responsible for maintaining account security

3.2 Account Security

• You are solely responsible for your password and account activities
• You must immediately notify us of any unauthorized use
• We are not liable for any loss from unauthorized account access
• We recommend using two-factor authentication

4. Subscription Plans

Current Plans (Quarterly Billing):

• Beta (Free): Limited availability, rate limits apply
• Hobbyist: $27.50/quarter (Alpha: $7 for first 3 months)
• Pro: $64.50/quarter (Alpha: $33 for first 3 months)
• Enterprise: Custom pricing

4.1 Billing

• Quarterly billing in advance
• Automatic renewal unless cancelled
• Prices may change with 30-day notice
• No refunds for partial quarters

4.2 Downgrades/Cancellations

• Downgrades effective next billing cycle
• Data exceeding new plan limits may be inaccessible
• 30-day grace period for data export after cancellation

5. Write Actions and Rate Limits

What are Write Actions?

Write actions are any operations that create, modify, or analyze data in your JauMemory account. Your monthly write action limit is a combined total that includes:

• Memory Operations: Creating new memories, updating existing memories, deleting memories
• Collection Management: Creating collections, adding memories to collections, modifying collection metadata
• Agent Operations: Creating agents, updating agent configurations, agent memory assignments
• Analysis Functions: Running pattern analysis, memory consolidation, generating insights
• Bulk Operations: Import operations, batch updates, mass deletions
• System Operations: Preference updates, notification handling, backup creation

What Does NOT Count as Write Actions?

• Reading/recalling memories (unlimited reads)
• Searching your memories
• Exporting your data
• Viewing analytics dashboards
• Authentication operations

Rate Limiting

In addition to monthly write action limits, we enforce per-second and per-minute rate limits to ensure platform stability:

• Beta: Shared rate limits with other beta users
• Hobbyist: 1 call every 3 seconds, maximum 15 calls per minute
• Pro: 2 calls per second, maximum 120 calls per minute
• Enterprise: Custom rate limits based on agreement

Exceeding Limits

• If you exceed your monthly write action limit, additional write operations will be blocked until the next billing period
• Rate limit violations result in temporary blocking (429 errors) with automatic retry headers
• We send email notifications at 80% and 100% of your monthly limit
• You can upgrade your plan anytime for immediate increased limits

6. Acceptable Use Policy

You SHALL NOT:

• Store illegal content or use the Service for illegal purposes
• Store malware, viruses, or malicious code
• Attempt to hack, reverse engineer, or compromise the Service
• Share authentication credentials or resell access
• Violate any applicable laws or regulations
• Store payment card data, social security numbers, or similar sensitive data in plain text
• Use the Service to harass, abuse, or harm others
• Exceed rate limits or attempt to circumvent limitations
• Use automated systems to abuse the Service

Violations may result in:

• Immediate account suspension or termination
• Deletion of Content
• Legal action if warranted
• No refund of fees paid

7. Content Ownership and License

7.1 Your Content

• You retain all rights to your Content
• You are solely responsible for your Content
• You grant us a limited license to process your Content solely to provide the Service
• This license terminates when you delete your Content or account

7.2 Our Property

• The Service, software, and all associated intellectual property remain our property
• You may not copy, modify, or create derivative works without permission
• Open source components are subject to their respective licenses

8. Data Security and Privacy

8.1 Security Measures

• We implement commercially reasonable security measures
• We use server-side encryption (NOT zero-knowledge encryption)
• You acknowledge that no system is 100% secure
• We are not responsible for unauthorized access despite reasonable precautions

8.2 Data Breaches

• We will make reasonable efforts to notify affected users of breaches
• Notification aims for 72 hours but is not guaranteed
• You are responsible for maintaining current contact information

8.3 Privacy

• Our Privacy Policy governs data collection and use
• By using the Service, you consent to our Privacy Policy

9. Disclaimer of Warranties

WE SPECIFICALLY DISCLAIM:

• Warranties of merchantability, fitness for a particular purpose, and non-infringement
• That the Service will be uninterrupted, secure, or error-free
• That defects will be corrected
• That your Content will be secure or not lost
• Any warranties regarding third-party services or integrations

YOU USE THE SERVICE AT YOUR OWN RISK.

10. Limitation of Liability

10.1 NO CONSEQUENTIAL DAMAGES

IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, data, use, or goodwill
• Service interruptions
• Computer damage or system failure
• Cost of substitute services
• Personal injury or emotional distress

10.2 LIABILITY CAP

OUR TOTAL LIABILITY SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100 USD), REGARDLESS OF THE CIRCUMSTANCES OR AMOUNT OF YOUR ACTUAL DAMAGES.

This limitation applies even if we knew or should have known about the possibility of damages.

10.3 Jurisdictional Limitations

Some jurisdictions don't allow limitation of implied warranties or liability. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

11. Indemnification

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS JauMemory, its developer(s), team members (current and future), contractors, coffee suppliers (kidding about that one), and affiliates from any claims, damages, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your use of the Service
• Your Content
• Your violation of these Terms
• Your violation of any rights of another party
• Your violation of any applicable laws

12. Legal Fee Recovery

IMPORTANT: If you bring any legal action against us and do not prevail, you agree to pay all our legal fees, costs, and expenses, including but not limited to attorneys' fees, court costs, and expert witness fees.

This applies to any legal proceeding, whether in arbitration, court, or otherwise.

13. Dispute Resolution

13.1 Informal Resolution

Before filing any legal action, you agree to try to resolve disputes informally by contacting us at legal@jau.app.

13.2 Binding Arbitration

ALL DISPUTES SHALL BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION, except:

• Small claims court actions (if eligible)
• Injunctive relief for IP violations

Arbitration shall be conducted by JAMS under its Streamlined Arbitration Rules.

13.3 Class Action Waiver

YOU WAIVE ANY RIGHT TO PARTICIPATE IN CLASS ACTIONS. All disputes must be brought in your individual capacity.

13.4 Venue

Any legal proceedings shall be conducted in the jurisdiction where the Service operator resides.

14. Termination

14.1 By You

You may terminate your account at any time through account settings.

14.2 By Us

We may suspend or terminate your account:

• For Terms violations
• For non-payment
• For extended inactivity (12+ months)
• At our discretion with 30-day notice

14.3 Effect of Termination

• Access to the Service ceases immediately
• 30-day grace period for data export
• No refund of prepaid fees
• Sections 6-13 and 15-18 survive termination

15. Modifications to Terms

We may modify these Terms at any time:

• Material changes: 30-day notice via email
• Minor changes: Effective upon posting
• Continued use after changes constitutes acceptance
• You may terminate if you disagree with changes

16. Force Majeure

We are not liable for failures caused by circumstances beyond reasonable control, including but not limited to:

• Natural disasters
• War, terrorism, or civil unrest
• Internet or power outages
• Government actions
• Labor disputes
• Pandemic or health emergencies

17. Export Compliance

You agree to comply with all export laws and regulations. You may not use the Service if you are:

• Located in a U.S. embargoed country
• On any U.S. government prohibited party list

18. General Provisions

18.1 Entire Agreement

These Terms constitute the entire agreement between you and JauMemory.

18.2 Severability

If any provision is found invalid, the remaining provisions continue in full effect.

18.3 No Waiver

Failure to enforce any provision is not a waiver of future enforcement.

18.4 Assignment

You may not assign these Terms. We may assign them without restriction.

18.5 Governing Law

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles.

19. Contact Information

JauMemory
Website: https://jau.app
Application: https://mem.jau.app

Support & Inquiries:

• General: support@jau.app
• Legal: legal@jau.app
• Security: security@jau.app
• Privacy: privacy@jau.app
• Enterprise: enterprise@jau.app

We typically respond within 1-2 business days (unless we're debugging something particularly nasty, in which case, please be patient).