Terms of Service
Effective Date: November 20, 2025
Effective Date
These Terms of Service ("Terms") are effective as of November 20, 2025. They govern your access to and use of PersistQ ("Service"), operated by the account owner ("we", "us", "PersistQ"). By using the Service you agree to these Terms.
Service Description
PersistQ provides a semantic memory storage API and related developer tools and dashboards. The Service includes APIs for storing, searching, listing and deleting 'memories', local embedding generation using Transformers.js, SDKs and a web dashboard. Exact features, quotas and pricing are described on the pricing page and documentation.
Accounts, API Keys and Security
To use core API endpoints you must possess and keep secure an API key. You are responsible for all activity that occurs using your API key. If an API key is compromised you must rotate it immediately and notify us. We may suspend or revoke keys for abuse or security reasons. We recommend storing keys in a secure secrets manager and not committing them to public code repositories.
Acceptable Use Policy
You must not use the Service to store, process, or transmit content that: (a) is illegal; (b) infringes intellectual property rights; (c) is defamatory, obscene, or harassing; (d) contains targeted PII collected without consent; (e) facilitates wrongdoing (e.g., fraud, phishing, malware); or (f) attempts to reverse-engineer, overload, or benchmark our systems without consent. You must not bypass rate limits, create multiple accounts to circumvent limits, or resell the Service unless you have an express reseller agreement.
Copyright and DMCA Policy
We respect intellectual property rights and comply with the Digital Millennium Copyright Act (DMCA). If you believe content stored via PersistQ infringes your copyright, submit a takedown notice to our DMCA agent at dmca@persistq.com including: (a) identification of the copyrighted work; (b) identification of the infringing material and its location; (c) your contact information; (d) a statement of good faith belief that use is not authorized; (e) a statement of accuracy under penalty of perjury; and (f) your physical or electronic signature. We maintain a repeat infringer policy and will terminate accounts of users who repeatedly infringe copyrights. Upon receiving a valid takedown notice, we will expeditiously remove or disable access to the allegedly infringing content and notify the user. Users may submit a counter-notice if they believe content was removed in error.
Data Ownership and Rights
You retain all ownership rights in the content ("Memories") you submit to PersistQ. By submitting content you grant PersistQ a non-exclusive, worldwide, royalty-free license to store, process, cache, and otherwise use that content solely to provide the Service (including generating embeddings and search indexes). We do not claim ownership of your content.
Data Portability and Switching (EU Data Act)
In compliance with the EU Data Act, we provide: (a) Data export in machine-readable formats (JSON) via our export API; (b) Switching rights allowing you to migrate to alternative providers with two months' notice; (c) Zero switching charges (no fees for data export or account closure); and (d) Technical interoperability through our documented REST API. You may export your data at any time via the dashboard or API endpoint at /api/memory/export. Upon account termination, we retain data for 30 days to facilitate migration to alternative services.
Privacy and Data Processing
Our Privacy Policy governs how we collect, use, disclose, and retain personal data. We generate embeddings locally (Transformers.js) and do not send your content to third-party AI providers. We may use third party processors (Neon/PostgreSQL, Upstash, Clerk, Vercel, Render, Highlight.io) to operate the Service; their access is limited to performing their functions. You are responsible for ensuring you have the right to upload any personal data and for complying with applicable privacy laws (including GDPR and CCPA) where you operate.
Pricing, Billing and Refunds
Use of paid features requires a subscription or payment method on file. You authorize us to charge the payment method for all fees incurred. Prices, tiers, and quotas are published on our pricing page and may be changed with notice. For details about refunds see our Refund Policy.
Term, Suspension and Termination
Subscriptions continue until canceled. We may suspend or terminate your account immediately for violations of these Terms, security incidents, or illegal activity. Upon termination for convenience by you, we will retain your data for a limited period (30 days) to allow export. For terminations due to breach, we may permanently delete data after notice. Any accrued but unpaid fees survive termination.
Backup and Data Retention
We maintain backups and reasonable data retention policies but do not guarantee against loss. You should export or backup critical data independently. We may retain backups for operational reasons for a limited period even after account deletion.
Intellectual Property
PersistQ and its licensors retain all intellectual property rights in the Service, documentation, and SDKs. You retain ownership of your content. You are granted a limited, non-exclusive license to use the Service and associated SDKs in accordance with these Terms.
Third-party Services and Links
The Service may include links to third-party services and integrate with third-party vendors (e.g., Clerk for auth, Neon for DB, Upstash for Redis). We are not responsible for their policies or services. Use of third-party services may be subject to additional terms.
Warranties and Disclaimers
The Service is provided "as is" and "as available" without warranties of any kind, express or implied. We do not warrant that the Service will be uninterrupted, secure, or error-free. We make commercially reasonable efforts to run the Service and maintain backups but disclaim liability to the maximum extent permitted by law.
Force Majeure
We are not liable for delays or failures in performance resulting from circumstances beyond our reasonable control, including but not limited to: acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, earthquakes, accidents, network infrastructure failures, pandemics, strikes, or shortages of transportation facilities, fuel, energy, labor or materials. During force majeure events, we will make commercially reasonable efforts to resume Service and provide notice of the event and expected resolution timeline where practicable.
Limitation of Liability
To the maximum extent permitted by applicable law, PersistQ's total liability for any claim arising out of or related to these Terms shall not exceed the total amount paid by you to PersistQ in the 12 months preceding the claim, or $100 if you paid nothing. We are not liable for indirect, incidental, consequential, special, or punitive damages, including lost profits or lost data.
Indemnification
You agree to indemnify, defend and hold harmless PersistQ, its officers, employees, and agents from and against any claims arising from your violation of these Terms, your content, or your negligent or willful acts.
Modifications to Service and Terms
We may modify or discontinue features of the Service or update these Terms. We will provide notice of material changes via email or dashboard; continued use after notice constitutes acceptance. For major changes that adversely affect users, we will provide at least 30 days' notice where practicable.
Governing Law and Dispute Resolution
These Terms are governed by the laws of the Republic of North Macedonia without regard to conflicts of law rules. Any dispute arising hereunder will be resolved in the courts located in Skopje, North Macedonia, unless otherwise agreed. You and PersistQ waive trial by jury to the maximum extent permitted by law.
Arbitration and Class Action Waiver
You and PersistQ agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved through binding individual arbitration rather than in court, except you may assert claims in small claims court if they qualify. The arbitration shall be conducted under the rules of the International Chamber of Commerce (ICC) or other mutually agreed arbitration organization. YOU AND PERSISTQ AGREE TO WAIVE THE RIGHT TO A TRIAL BY JURY. YOU AND PERSISTQ AGREE TO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE PROCEEDING. Each party shall bear its own costs of arbitration unless the arbitrator awards costs to the prevailing party. This arbitration provision does not apply to EU residents where prohibited by law or to disputes that cannot be arbitrated under applicable consumer protection laws.
Miscellaneous
These Terms constitute the entire agreement between you and PersistQ regarding the Service. If any provision is held invalid, the remainder shall continue in full force. Failure to enforce a right is not a waiver. For support, contact support@persistq.com.
Contact
PersistQ
Email: support@persistq.com
Website: https://persistq.com