HyperSpark AI Memory Terms of Service

Effective Date: February 15, 2026

HyperSpark AI LLC (the "Company," "we," "us")

Headquarters: Florida, USA

1. Acceptance & Applicability

This Terms of Service ("Agreement") governs your use of HyperSpark AI Memory, including our website, API, SDK, and MCP server (collectively, the "Service"). By using or registering with HyperSpark AI Memory, you agree to all parts of this Agreement under Florida law.

2. Description of Service

HyperSpark AI Memory provides persistent memory infrastructure for AI agents and applications. The Service includes:

  • Memory storage and retrieval via REST API
  • TypeScript/JavaScript SDK for integration
  • MCP (Model Context Protocol) server for AI assistant integration
  • Semantic search and context building capabilities
  • Task management features
  • Multi-tenant and team-based memory isolation
  • Desktop application for macOS (and other platforms as available)
  • Local OpenClaw gateway for AI assistant functionality
  • Integration with third-party AI providers via user-supplied API keys
  • Skills and plugin ecosystem through OpenClaw

3. License & Use

We grant you a revocable, non-exclusive license to use the Service for legitimate business purposes. You're responsible for all activity occurring under your account, including:

  • Securing your API keys and credentials
  • All data stored through your account
  • All API calls made using your credentials
  • Compliance with usage limits based on your subscription tier

4. User Responsibilities

You agree not to:

  • Misuse the Service for illegal or malicious activity
  • Reverse-engineer, decompile, or tamper with the Service
  • Attempt to circumvent rate limits or usage restrictions
  • Store or transmit malicious code, malware, or harmful content
  • Violate the intellectual property rights of others
  • Use the Service in a way that could harm other users or the infrastructure
  • Share or resell access to the Service without authorization
  • Store sensitive personal data (SSN, credit card numbers, health records) without appropriate security measures

5. API & SDK Usage

When using our API and SDK, you agree to:

  • Keep your API keys confidential and secure
  • Not exceed the rate limits for your subscription tier
  • Implement appropriate error handling and retry logic
  • Not use automated tools to scrape or overwhelm the Service
  • Follow our API documentation and best practices

We reserve the right to throttle or suspend accounts that abuse the API or negatively impact service quality for other users.

6. Third-Party Services

Our Service integrates with third-party platforms, including:

  • AI Providers: OpenAI and Anthropic for embedding generation and memory processing
  • Authentication: Google and GitHub OAuth for sign-in
  • Payment Processing: Stripe for subscription billing
  • Infrastructure: Supabase for database and authentication
  • AI Providers (via Desktop App): Users connect their own API keys for Anthropic, OpenAI, Google, xAI, and other providers. These providers process data according to their own terms and privacy policies. We do not control or monitor this data flow.
  • OpenClaw: Open-source AI assistant gateway. See https://github.com/open-claw/open-claw

You must comply with their respective terms. We are not liable for outages, changes, or policy updates in those services.

7. Desktop Application & AI Agent

The HyperSpark AI Desktop Application ("Desktop App") runs a local OpenClaw gateway instance on the user's machine. The Desktop App facilitates connections to third-party AI providers using API keys provided by the user. We do not control, endorse, or assume responsibility for the AI models or their outputs.

AI Agent Disclaimer

The AI agent operates autonomously based on the user's configuration and instructions. We are NOT responsible for:

  • Actions taken by the AI agent on the user's behalf
  • Content generated, modified, or deleted by the AI agent
  • Decisions made by the AI agent, including those logged via Decision Intelligence
  • Messages sent through connected channels (WhatsApp, Discord, Signal, etc.)
  • Changes made to files, systems, or data by AI agent actions
  • Any consequences arising from skills, plugins, or extensions used by the agent

User Responsibility

The user is solely responsible for reviewing, supervising, and approving AI agent actions. The user is also responsible for securing their own API keys and credentials stored locally on their device.

OpenClaw & Local Dependencies

OpenClaw is open-source software provided under its own license. We provide a pre-configured instance for convenience but do not warrant the behavior of the underlying OpenClaw software. The Desktop App may install or manage local dependencies (Node.js packages, etc.) — the user consents to this as part of the setup process.

8. Payment & Subscriptions

Subscription Tiers

We offer multiple subscription tiers with different features and usage limits:

  • Free: Limited memories, writes, and reads per month
  • Personal: Increased limits, email support
  • Team: Multi-user access, shared write pool, priority support
  • Enterprise: Custom limits, SLA, dedicated support

Billing

  • Paid subscriptions are billed monthly or annually in advance
  • Fees are non-refundable except as required by law
  • We may change pricing with 30 days notice
  • Non-payment may result in account suspension or termination
  • Downgrading may result in loss of features or data beyond tier limits

Usage Overages

If you exceed your plan limits:

  • You will be notified when approaching limits
  • Service may be throttled or suspended until limits reset or you upgrade
  • Enterprise plans may include overage billing at agreed rates

9. Intellectual Property

Our IP

All software, APIs, SDKs, branding, design, documentation, and intellectual property are owned by HyperSpark AI LLC. You may not copy, modify, or distribute our IP without permission.

Your Content

You retain ownership of all content and data you upload or store through the Service ("Your Content"). By using the Service, you grant us a limited license to:

  • Store, process, and transmit Your Content as necessary to provide the Service
  • Generate embeddings and process memories as part of our core functionality
  • Create backups for disaster recovery purposes

We do NOT use Your Content for AI model training or share it with third parties except as necessary to provide the Service.

10. Data Ownership & Portability

You own your data. You can:

  • Export your memories and data at any time through our API
  • Delete your data through the dashboard or by contacting support
  • Request a full data export in a machine-readable format

Upon account termination, your data will be deleted according to our Privacy Policy retention schedule.

11. Termination

By You

You can terminate your account at any time through your account settings or by contacting support. Upon termination:

  • Your access to the Service will be revoked
  • Your data will be deleted per our Privacy Policy
  • No refunds will be issued for unused subscription time

By Us

We may terminate or suspend your account for:

  • Violation of these Terms of Service
  • Non-payment of fees
  • Illegal activity or abuse of the Service
  • Extended inactivity (with prior notice)
  • Actions that harm other users or our infrastructure

For non-urgent violations, we will provide reasonable notice and opportunity to cure before termination.

12. Service Availability & SLA

We strive for high availability but do not guarantee 100% uptime. Our target availability is:

  • Free/Pro: Best effort availability
  • Team: 99.5% monthly uptime target
  • Enterprise: Custom SLA with defined remedies

Planned maintenance windows will be announced in advance when possible.

13. Warranties & Disclaimers

Our services are provided on an "AS-IS" and "AS-AVAILABLE" basis with no express or implied warranties. We disclaim all implied warranties, including:

  • Merchantability
  • Fitness for a particular purpose
  • Non-infringement
  • Accuracy or completeness of results

We do not warrant that the Service will be uninterrupted, error-free, or secure. AI-generated content may contain errors or inaccuracies.

14. Limitation of Liability

To the maximum extent permitted by law:

  • Our total liability is limited to the fees you paid in the 12 months prior to a claim
  • We are NOT liable for indirect, incidental, special, consequential, or punitive damages
  • We are NOT liable for lost profits, data loss, business interruption, or procurement of substitute services

These limitations apply regardless of the theory of liability (contract, tort, negligence, or otherwise).

15. Indemnification

You agree to indemnify and hold harmless HyperSpark AI LLC, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from:

  • Your use of the Service
  • Your violation of these Terms
  • Your violation of any third-party rights
  • Content you store or transmit through the Service

16. Governing Law & Dispute Resolution

This Agreement is governed by the laws of the State of Florida, USA, without regard to conflict of law principles.

Any disputes arising from this Agreement or your use of the Service will be resolved in the state or federal courts located in Florida. You consent to the personal jurisdiction of these courts.

For disputes under $10,000, we agree to first attempt resolution through good-faith negotiation before pursuing legal action.

17. Agreement Updates

We may revise this Agreement from time to time. When we make changes:

  • We will update the "Effective Date" at the top
  • For significant changes, we will notify you via email or prominent notice
  • Continued use of the Service after changes indicates acceptance
  • If you disagree with changes, you may terminate your account

18. Miscellaneous

  • Entire Agreement: This Agreement, along with our Privacy Policy, constitutes the entire agreement between you and HyperSpark AI LLC.
  • Severability: If any provision is found unenforceable, the remaining provisions remain in effect.
  • Waiver: Failure to enforce any right does not waive that right.
  • Assignment: You may not assign your rights under this Agreement without our consent. We may assign our rights freely.
  • Force Majeure: We are not liable for delays or failures due to events beyond our reasonable control.

19. Contact Information

For questions about these Terms:

Last Updated: February 15, 2026