01Acceptance of Terms
By accessing or using Vitalis, including our API, dashboard, and associated developer tools, you agree to be bound by these Terms of Service and our Privacy Policy. If you are using Vitalis on behalf of an organisation, you represent that you have authority to bind that organisation to these terms.
If you do not agree to these terms, do not use the service.
02Eligibility
You must be at least 13 years old to use Vitalis. If you are between 13 and 18 (or the age of majority in your jurisdiction), you must have parental or guardian consent. By using the service you represent that you meet these requirements and have the legal capacity to enter into a binding contract.
03Your Account
You are responsible for providing accurate information when creating your account and keeping it up to date. You are responsible for:
- Keeping your API keys and credentials confidential
- All activity that occurs under your account
- Notifying us immediately of any unauthorised access at info@vitaliscad.com
We are not liable for any loss arising from your failure to maintain account security. You may not share your account or transfer it to another person.
04Use of Service
Subject to these terms, we grant you a limited, non-exclusive, non-transferable licence to access and use Vitalis for your own lawful purposes. Permitted uses include:
- Storing and retrieving memories for AI agents you build or operate
- Integrating Vitalis into your applications via the API and MCP protocol
- Building agents that use Vitalis memory for personal or commercial applications
You must use the service in compliance with all applicable laws and regulations.
05Prohibited Uses
The following uses are prohibited and may result in immediate account termination:
- Storing or transmitting illegal content, including content that violates intellectual property rights or privacy rights
- Using the service to spam, harass, or harm other individuals
- Attempting to reverse-engineer, decompile, or extract the source code of Vitalis
- Scraping the API beyond your plan's rate limits or in a way that degrades service for other users
- Storing or accessing memories belonging to other users without their explicit consent
- Using the service to develop a competing memory infrastructure product
- Attempting to circumvent authentication, rate limits, or access controls
- Introducing malware, viruses, or any malicious code through the service
06Your Content and Ownership
You own your memories. All content you store in Vitalis (memories, tags, metadata) remains your intellectual property.
By storing content in Vitalis Cloud mode, you grant us a limited, worldwide, non-exclusive licence to store, process, and retrieve that content solely as necessary to provide the service to you. This licence terminates when you delete your content or close your account.
We do not claim ownership over your content. We do not use your memory content to train models. We do not share it with third parties beyond what is described in our Privacy Policy.
07Termination
You may terminate your account at any time from your account settings. Upon request, we will export all your memories in JSON format before deletion.
We may suspend or terminate your account immediately for material breach of these terms, including prohibited uses, non-payment, or fraudulent activity. We will attempt to give reasonable notice before termination except where immediate action is necessary to protect other users or the service.
Upon termination, your right to use the service ends immediately. Sections on ownership, disclaimers, limitation of liability, indemnification, and governing law survive termination.
08Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not warrant that the service will be uninterrupted, error-free, or completely secure. We make no warranty regarding the accuracy or completeness of memory retrieval results. You use the service at your own risk.
09Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, VITALIS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE.
OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICE IS LIMITED TO THE GREATER OF: (A) THE FEES YOU PAID TO US IN THE 12 MONTHS BEFORE THE CLAIM AROSE, OR (B) $100 USD.
Some jurisdictions do not allow limitation of liability for certain damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.
10Indemnification
You agree to indemnify, defend, and hold harmless Vitalis, its officers, directors, employees, and agents from and against any claims, liabilities, damages, judgements, awards, losses, costs, or expenses (including reasonable attorney fees) arising out of or relating to: your violation of these terms; your use of the service; your content; or your violation of any third-party rights.
11Governing Law
These terms are governed by applicable law in the operating jurisdiction of the Vitalis service, without regard to conflict of law principles.
If you are a consumer in the EU or UK, you also have rights under local consumer protection laws that cannot be waived by contract.
12Changes to Terms
We may update these terms from time to time. When we make material changes, we will notify you by email and by posting a notice on the Vitalis dashboard at least 14 days before the changes take effect.
Your continued use of the service after the effective date of revised terms constitutes your acceptance of those terms. If you disagree with the changes, you may close your account before the effective date.