Terms of Service

1. Acceptance of Terms

Welcome to VasperaMemory! These Terms of Service ("Terms") govern your use of the VasperaMemory platform, including our web application, VS Code extension, API services, and related tools (collectively, the "Service").

By accessing or using VasperaMemory, you agree to be bound by these Terms and our Privacy Policy. If you disagree with any part of these terms, you may not access the Service.

For Enterprise Users: If you're using VasperaMemory on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

2. Description of Service

2.1 Core Platform

VasperaMemory is an AI-powered memory platform designed specifically for developers. Our Service provides:

• Cross-Tool Memory: Persistent context and decision storage across development tools
• Semantic Search: AI-powered search and retrieval of your development decisions
• Context Fusion: Intelligent combination of specs, plans, history, and memories
• IDE Integration: VS Code extension and MCP protocol support
• Team Collaboration: Shared memory and knowledge base capabilities

2.2 Service Availability

We strive to maintain 99.9% uptime but cannot guarantee uninterrupted service. We may temporarily suspend the Service for maintenance, updates, or to address security issues.

3. User Accounts and Registration

3.1 Account Creation

• You must provide accurate and complete information when creating an account
• You are responsible for maintaining the security of your account credentials
• You must be at least 18 years old or have parental consent to use the Service
• One person may maintain only one free account

3.2 Account Security

• You are solely responsible for all activity under your account
• Notify us immediately of any unauthorized access or security breaches
• Use strong, unique passwords and enable two-factor authentication when available
• Do not share your account credentials with others

4. Acceptable Use Policy

4.1 Permitted Uses

You may use VasperaMemory for:

• Software development and related professional activities
• Team collaboration on development projects
• Personal coding projects and learning
• Integration with approved development tools and IDEs

4.2 Prohibited Uses

You may NOT use VasperaMemory to:

• Violate Laws: Engage in illegal activities or violate applicable regulations
• Infringe Rights: Upload or share content that infringes intellectual property rights
• Malicious Code: Store, share, or distribute malware, viruses, or harmful code
• System Abuse: Attempt to hack, reverse engineer, or disrupt our systems
• Data Mining: Scrape or systematically extract data without permission
• Spam/Abuse: Send unsolicited communications or abuse other users
• False Information: Provide false or misleading information
• Competitive Use: Use the Service to build competing products or services

4.3 Rate Limits and Fair Use

• API calls are subject to reasonable rate limits
• Storage and processing resources are allocated based on your plan
• Excessive usage may result in temporary limitations or account suspension
• Enterprise plans include higher limits and SLA guarantees

5. Content and Data Ownership

5.1 Your Content

You retain full ownership of your code, development data, and memories. VasperaMemory does not claim ownership of any content you upload, create, or store using our Service.

5.2 License to VasperaMemory

By using the Service, you grant us a limited, non-exclusive license to:

• Store and process your content to provide the Service
• Create embeddings and search indexes for your content
• Backup your data for security and recovery purposes
• Analyze usage patterns to improve the Service (in aggregate, anonymized form)

This license terminates when you delete content or close your account.

5.3 Content Standards

You are responsible for ensuring your content:

• Does not violate any laws or third-party rights
• Does not contain malicious or harmful code
• Complies with your organization's policies and agreements
• Does not include sensitive personal information of others without consent

6. Privacy and Data Protection

6.1 Privacy Commitment

Your privacy is fundamental to our Service. We process your data in accordance with our Privacy Policy and applicable data protection laws, including GDPR and CCPA.

6.2 Data Processing

• We use AI services (OpenAI) to process embeddings under strict data protection agreements
• Your code content is never used to train external AI models
• All data is encrypted in transit and at rest
• We implement industry-standard security measures

6.3 Data Portability and Deletion

• You can export your data at any time in standard formats
• Account deletion permanently removes your data within 30 days
• We retain minimal data as required by law or for legitimate business purposes

7. Subscription Plans and Billing

7.1 Plan Types

• Free Plan: Limited features for personal use
• Pro Plan: Enhanced features for professional developers
• Team Plan: Collaboration features for development teams
• Enterprise Plan: Advanced security and compliance features

7.2 Billing Terms

• Subscriptions are billed monthly or annually in advance
• Prices are subject to change with 30 days notice
• No refunds for partial months, except as required by law
• Failed payments may result in service suspension

7.3 Cancellation and Refunds

• Cancel your subscription at any time through your account dashboard
• Service continues until the end of your current billing period
• No refunds for cancellations, except in cases of service failure
• Free trial cancellations do not incur charges

8. Intellectual Property

8.1 VasperaMemory IP

The VasperaMemory platform, including software, algorithms, designs, and documentation, is protected by intellectual property laws. We retain all rights not expressly granted to you.

8.2 Third-Party Components

Our Service may include third-party software components licensed under open-source licenses. These components remain subject to their respective license terms.

8.3 Feedback and Suggestions

Any feedback, suggestions, or ideas you provide about VasperaMemory may be used by us without compensation or attribution, unless otherwise agreed in writing.

9. Service Level and Support

9.1 Service Availability

• Target Uptime: 99.9% availability (excluding maintenance)
• Maintenance Windows: Scheduled during low-usage periods with advance notice
• Status Updates: Real-time status information available on our status page

9.2 Support Channels

• Free Plan: Community support and documentation
• Pro Plan: Email support with 48-hour response time
• Team Plan: Priority email support with 24-hour response time
• Enterprise Plan: Dedicated support with SLA guarantees

10. Disclaimers and Limitations

10.1 Service Disclaimer

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

10.2 AI and Machine Learning

VasperaMemory uses AI and machine learning technologies. While we strive for accuracy:

• AI-generated suggestions may not always be accurate or appropriate
• You are responsible for reviewing and validating all AI recommendations
• We do not guarantee the quality or correctness of AI-generated content
• AI features may evolve and change over time

10.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, VASPERAMEMORY'S LIABILITY IS LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICE IN THE 12 MONTHS PRECEDING THE CLAIM. WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES.

11. Indemnification

You agree to indemnify and hold VasperaMemory harmless from any claims, damages, or expenses (including legal fees) arising from:

• Your use of the Service in violation of these Terms
• Content you upload or share through the Service
• Your violation of any laws or third-party rights
• Any breach of your representations or warranties

12. Termination

12.1 Termination by You

• You may terminate your account at any time through your dashboard
• Termination does not entitle you to refunds for unused portions of paid plans
• Your data will be deleted according to our data retention policy

12.2 Termination by Us

We may terminate or suspend your account if you:

• Violate these Terms or our Acceptable Use Policy
• Fail to pay subscription fees
• Engage in fraudulent or abusive behavior
• Use the Service in ways that harm our systems or other users

12.3 Effect of Termination

• Your access to the Service will immediately cease
• Your data will be available for download for 30 days (if technically feasible)
• After 30 days, your data will be permanently deleted
• Certain provisions of these Terms survive termination

13. Dispute Resolution

13.1 Informal Resolution

Before filing any formal dispute, please contact us at legal@vasperamemory.com to resolve the issue informally. We'll work in good faith to address your concerns.

13.2 Arbitration

Any disputes that cannot be resolved informally will be settled through binding arbitration in accordance with the rules of the American Arbitration Association, unless prohibited by applicable law.

13.3 Class Action Waiver

You agree to resolve disputes individually and waive the right to participate in class actions or collective proceedings, except where prohibited by law.

14. General Provisions

14.1 Governing Law

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

14.2 Changes to Terms

We may update these Terms periodically. We'll notify you of significant changes by email or through the Service. Continued use constitutes acceptance of the updated Terms.

14.3 Severability

If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect.

14.4 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and VasperaMemory regarding the Service.

15. Contact Information

For questions about these Terms of Service: