Terms of Service

Last updated: February 17, 2026

1. Acceptance of Terms

By accessing or using the Memstate AI platform, including the website, API, and MCP server (collectively, the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.

2. Description of Service

Memstate AI provides a transparent memory layer for AI agents. The Service allows users to store, organize, search, and retrieve structured memory data through an API, MCP tools, and a web interface.

3. Account Registration

To use the Service, you must:

  • Provide a valid email address for authentication
  • Be at least 18 years of age or the age of majority in your jurisdiction
  • Not have been previously banned from the Service

You are responsible for maintaining the security of your account credentials, including your API keys. You are responsible for all activity that occurs under your account.

4. Acceptable Use

You agree not to use the Service to:

  • Violate any applicable laws or regulations
  • Store or transmit malicious code, malware, or harmful content
  • Attempt to gain unauthorized access to the Service or other users' data
  • Interfere with or disrupt the integrity or performance of the Service
  • Use the Service to store illegal content or facilitate illegal activities
  • Reverse engineer, decompile, or attempt to extract the source code of the Service
  • Resell or redistribute access to the Service without authorization
  • Exceed rate limits or abuse the API in a way that degrades service for other users

5. Your Data

5.1 Ownership

You retain ownership of all content and data you store through the Service ("Your Data"). By using the Service, you grant Memstate AI a limited license to process, store, and transmit Your Data solely to provide and improve the Service.

5.2 Data Processing

The Service processes Your Data to generate vector embeddings for semantic search and may use server-side language models for features such as keypath extraction and content summarization. This processing is performed solely to provide the Service to you.

5.3 Data Portability

You may export Your Data at any time through the API. Upon account deletion, Your Data will be removed within 30 days.

6. API Usage

Access to the Memstate API is governed by the following:

  • API keys are personal and must not be shared or published
  • You are responsible for securing your API keys and rotating them if compromised
  • Rate limits apply and vary by plan — exceeding them may result in temporary throttling
  • We reserve the right to revoke API access for violations of these Terms

7. Service Availability

We strive to maintain high availability of the Service but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control. We will make reasonable efforts to provide advance notice of planned downtime.

8. Pricing and Payment

Certain features of the Service may require a paid subscription. Pricing, plan details, and payment terms are described on our Pricing page. We reserve the right to change pricing with 30 days' notice. Continued use after a price change constitutes acceptance of the new pricing.

9. Intellectual Property

The Service, including its design, code, documentation, and branding, is the intellectual property of Memstate AI and is protected by applicable copyright, trademark, and other laws. Nothing in these Terms grants you any right to use Memstate AI's trademarks, logos, or branding without prior written consent.

10. Limitation of Liability

To the maximum extent permitted by law, Memstate AI shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of data, profits, or revenue, whether incurred directly or indirectly, arising from your use of or inability to use the Service. Our total liability for any claim arising from these Terms or the Service shall not exceed the amount you paid us in the 12 months preceding the claim.

11. Disclaimer of Warranties

The Service is provided "as is" and "as available" without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

12. Termination

We may suspend or terminate your access to the Service at any time for violation of these Terms, with or without notice. You may terminate your account at any time by contacting us. Upon termination:

  • Your right to access the Service will cease immediately
  • Your Data will be deleted within 30 days unless retention is required by law
  • Provisions that by their nature should survive termination will remain in effect

13. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms on this page and updating the "Last updated" date. Your continued use of the Service after changes constitutes acceptance of the updated Terms.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

15. Contact Us

If you have questions about these Terms, please contact us.