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TERMS.md

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Terms of Service

Binding Agreement. This is a binding contract ("Terms") between you and the developers of MemGPT and associated services ("we," "us," "our," "MemGPT developers", "MemGPT"). These Terms apply whenever you use any of the sites, apps, products, or services ("Services") we offer, in existence now to created in the future. Further, we may automatically upgrade our Services, and these Terms will apply to such upgrades. By accessing or using the Services, you agree to be bound by these Terms. If you use our services on behalf of an organization, you agree to these terms on behalf of that organization. If you do not agree to these Terms, you may not use the Services.

Privacy. See our Privacy Policy for details on how we collect, store, and share user information.

Age Restrictions. The Services are not intended for users who are under the age of 13. In order to create an account for the Services, you must be 13 years of age or older. By registering, you represent and warrant that you are 13 years of age or older. If children between the ages of 13 and 18 wish to use the Services, they must be registered by their parent or guardian.

Your Content and Permissions. Content may be uploaded to, shared with, or generated by MemGPT -- files, videos, links, music, documents, code, and text ("Your Content"). Your Content is yours. MemGPT does not claim any right, title, or interest in Your Content.

You grant us a non-exclusive, worldwide, royalty free license to do the things we need to do to provide the Services, including but not limited to storing, displaying, reproducing, and distributing Your Content. This license extends to trusted third parties we work with.

Content Guidelines. You are fully responsible for Your Content. You may not copy, upload, download, or share Your Content unless you have the appropriate rights to do so. It is your responsibility to ensure that Your Content abides by applicable laws, these Terms, and with our user guidelines. We don't actively review Your Content.

Account Security. You are responsible for safeguarding your password to the Services, making sure that others don't have access to it, and keeping your account information current. You must immediately notify the MemGPT developers of any unauthorized uses of your account or any other breaches of security. MemGPT will not be liable for your acts or omissions, including any damages of any kind incurred as a result of your acts or omissions.

Changes to these Terms. We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know, for example by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new Terms will take effect. If you disagree with our changes, then you should stop using MemGPT within the designated notice period. Your continued use of MemGPT will be subject to the new Terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.

You can access archived versions of our policies at our repository.

DMCA Policy. We respond to notices of alleged copyright infringement in accordance with the Digital Millennium Copyright Act ("DMCA"). If you believe that the content of a MemGPT account infringes your copyrights, you can notify us using the published email in our privacy policy.

Our Intellectual Property: The Services and all materials contained therein, including, without limitation, MemGPT logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files, and the selection and arrangement thereof (collectively, the "MemGPT Materials") are the property of MemGPT or its licensors or users and are protected by U.S. and international intellectual property laws. You are granted a personal, limited, non-sublicensable, non-exclusive, revocable license to access and use MemGPT Materials in accordance with these Terms for the sole purpose of enabling you to use and enjoy the Services.

Other trademarks, service marks, graphics and logos used in connection with the Services may be the trademarks of other third parties. Your use of the Services grants you no right or license to reproduce or otherwise use any MemGPT, MemGPT, or third-party trademarks.

Termination. You are free to stop using the Services at any time. We also reserve the right to suspend or end the Services at any time at our discretion and without notice. For example, we may suspend or terminate your use of the Services if you fail to comply with these Terms, or use the Services in a manner that would cause us legal liability, disrupt the Services, or disrupt others' use of the Services.

Disclaimer of Warranties. MemGPT makes no warranties of any kind with respect to MemGPT or your use of the Services.

Limitation of Liability. MemGPT shall not have any liability for any indirect, incidental, consequential, special, exemplary, or damages under any theory of liability arising out of, or relating to, these Terms or your use of MemGPT. As a condition of access to MemGPT, you understand and agree that MemGPT's liability shall not exceed $4.20.

Indemnification. You agree to indemnify and hold harmless MemGPT, its developers, its contributors, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys’ fees, arising out of or related to your use of our Services, including but not limited to your violation of the Agreement or any agreement with a provider of third-party services used in connection with the Services or applicable law, Content that you post, and any ecommerce activities conducted through your or another user’s website.

Exceptions to Agreement to Arbitrate. Claims for injunctive or equitable relief or claims regarding intellectual property rights may be brought in any competent court without the posting of a bond.

No Class Actions. You may resolve disputes with us only on an individual basis; you may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not permitted.

Governing Law. You agree that these Terms, and your use of MemGPT, are governed by California law, in the United States of America, without regard to its principles of conflicts of law.

Creative Commons Sharealike License. This document is derived from the Automattic legalmattic repository distributed under a Creative Commons Sharealike license. Thank you Automattic!