Terms of Service

By accessing or using EverNow's website, APIs, or any related services (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms") and our Privacy Policy. If you are using the Services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

If you do not agree to these Terms, you may not use the Services.

EverNow provides shared memory infrastructure that enables humans, applications, and AI agents to read from and write to a common, evolving knowledge layer. Our Services include the Memory Layer API, Memory Workspace, Agent Context APIs, and associated developer tooling.

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time with reasonable notice.

You must be at least 16 years old to use our Services. By registering, you represent that all information you provide is accurate and current. You are responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your account.

You must notify us immediately at security@getevernow.com if you suspect unauthorized access to your account.

You agree not to use the Services to: (a) violate any applicable law or regulation; (b) infringe the intellectual property rights of others; (c) transmit malware or any code intended to disrupt, damage, or gain unauthorized access to systems; (d) store or transmit content that is unlawful, harmful, defamatory, or obscene; (e) use automated means to access or scrape the Services beyond what our APIs permit; or (f) resell or sublicense the Services without our written consent.

We reserve the right to suspend or terminate access for violations of this section without prior notice.

EverNow IP. The Services, including all software, designs, trademarks, and documentation, are owned by EverNow, Inc. and protected by applicable intellectual property laws. Nothing in these Terms grants you any ownership interest in the Services.

Your content. You retain all rights to the data and memory objects you submit to the Services ("Customer Data"). By using the Services, you grant EverNow a limited, non-exclusive license to process Customer Data solely as necessary to provide the Services to you.

Feedback. If you provide feedback or suggestions, you grant EverNow a royalty-free, worldwide license to use that feedback without restriction or compensation.

Our collection and use of personal data is governed by our Privacy Policy, which is incorporated into these Terms by reference. For enterprise customers, data processing terms are set out in the applicable Data Processing Agreement (DPA).

Paid plans are billed in advance on a monthly or annual basis. All fees are non-refundable except as expressly stated in our refund policy or required by law. Failure to pay may result in suspension of your account. All prices are exclusive of applicable taxes.

Each party agrees to keep confidential any non-public information disclosed by the other party that is marked confidential or should reasonably be understood to be confidential. This obligation does not apply to information that is publicly available, independently developed, or required to be disclosed by law.

THE SERVICES ARE 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 SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVERNOW'S TOTAL LIABILITY FOR ANY CLAIMS ARISING UNDER THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO EVERNOW IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) USD $100.

IN NO EVENT SHALL EVERNOW BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

You agree to indemnify, defend, and hold harmless EverNow and its officers, directors, employees, and agents from any claims, damages, or expenses (including reasonable attorneys' fees) arising from your use of the Services, your Customer Data, or your violation of these Terms.

These Terms remain in effect until terminated. You may terminate your account at any time by contacting us. We may terminate or suspend your access immediately, without notice, if you breach these Terms.

Upon termination, your right to use the Services will immediately cease. Sections 5, 8, 9, 10, 11, and 13 survive termination.

These Terms are governed by the laws of the State of California, without regard to conflict of law principles. Any dispute arising from these Terms shall be resolved by binding arbitration in San Francisco, California, under the rules of the American Arbitration Association, except that either party may seek injunctive relief in a court of competent jurisdiction.

We may update these Terms at any time. We will provide at least 14 days' notice of material changes via email or a prominent notice on our website. Your continued use of the Services after the effective date of updated Terms constitutes acceptance.

Questions about these Terms should be directed to legal@getevernow.com or: EverNow, Inc., Attn: Legal, San Francisco, CA 94107.