Terms of Service — DON Memory Protocol (DMP)

These Terms of Service (the "Terms") govern access to and use of the DON Memory Protocol ("DMP") and all related websites, documentation, dashboards, APIs, and services provided by DON Systems LLC ("DON Systems," "we," "our," or "us"). The website, documentation, and DMP service are collectively referred to as the "Service."

By accessing or using the Service, including by requesting an invitation, creating an account, generating an API key, or sending requests to the DMP API, you agree to be bound by these Terms. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization, and in that case "you" and "Customer" refer to that organization.

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

1. The Service and Its Purpose

DMP is a memory substrate and protocol for storing, compressing, and retrieving structured memory representations. Customers send text, images, and metadata to DMP through an API. DMP runs character encoding and field dynamics internally to produce compressed collapse traces. DMP returns compressed representations and supports retrieval through graph-based memory structures.

DMP is not a vector database, not a semantic embedding provider, and not a promise that any model, agent, or application will behave correctly or safely. The Service provides a memory layer using substrate-driven physics (character codes, field dynamics, topology). You are responsible for what you choose to submit and how you use retrieval results in downstream systems.

2. Invitation-Based Access; Accounts; Responsibility

Access to DMP may be offered on an invitation, pilot, or partnership basis. DON Systems may accept or decline requests in its discretion and may require additional onboarding information, including technical contacts and a description of the intended use.

You are responsible for all activity under your account and for maintaining the confidentiality of credentials, API keys, and access tokens. You will promptly notify us if you suspect unauthorized access or compromise. You are responsible for the actions of your authorized users, administrators, contractors, or agents who access the Service through your account.

3. API Keys and Authentication

The Service uses API keys (and/or other authentication mechanisms) to authenticate requests. API keys are secrets. You must store them securely, restrict them to authorized systems, rotate them when appropriate, and avoid exposing them in client-side code or public repositories.

We may suspend or revoke keys that appear compromised, are used in violation of these Terms, or create security or operational risk to the Service or other tenants.

4. Customer Content and Memory Data

4.1 Customer Content

For purposes of these Terms, "Customer Content" includes the data you submit to the Service for processing, storage, compression, retrieval, and navigation. Customer Content includes text, images, compressed or collapsed representations, metadata (including timestamps, tenant identifiers, and conversation identifiers), and graph relationships generated by the Service as part of providing retrieval.

You retain all rights, title, and interest in Customer Content. DON Systems does not claim ownership of Customer Content.

4.2 License to Operate the Service

You grant DON Systems a limited, non-exclusive, worldwide license to host, store, process, transmit, and otherwise use Customer Content solely as necessary to provide, maintain, support, and secure the Service; to comply with law; and to enforce these Terms. We do not use Customer Content for advertising purposes.

4.3 No Model Training on Customer Content Without Consent

DON Systems will not use Customer Content to train, fine-tune, or improve a machine learning model or foundation model for general use without the Customer's express consent. If DON Systems seeks to use Customer Content for any model training purpose, it will do so only pursuant to a separate written agreement or an explicit consent mechanism that clearly describes the scope and nature of the training use.

Nothing in this section restricts DON Systems from using de-identified or aggregated operational telemetry (such as performance metrics, error rates, and system health statistics) to improve reliability, security, and performance of the Service, provided that such telemetry is not used to reconstruct Customer Content.

4.4 You Control What You Submit

You control what text, images, and metadata you submit to the Service. DMP handles character encoding and field dynamics internally. If you submit sensitive, regulated, or personal information in your content or metadata, you remain responsible for having the necessary rights and for complying with law and contractual obligations.

You agree not to submit Customer Content that violates confidentiality obligations, privacy law, intellectual property law, or third-party rights.

4.5 Prohibited and Restricted Data

Unless DON Systems expressly agrees in writing, you may not use the Service to store or process (i) payment card data subject to PCI requirements, (ii) protected health information regulated by HIPAA, or (iii) other data subject to specialized regulatory regimes requiring additional contractual controls. DON Systems does not provide a HIPAA Business Associate Agreement (BAA) by default.

5. Acceptable Use

You agree not to misuse the Service. You will not access or use the Service in a manner that violates law, infringes rights, or breaches obligations to third parties. You will not interfere with the integrity, performance, or availability of the Service, including by attempting to bypass rate limits, overwhelm endpoints, probe for vulnerabilities, or exploit security weaknesses.

You will not reverse engineer, decompile, or attempt to discover non-public APIs, source code, or underlying methods of the Service except to the extent such restrictions are prohibited by law. You will not use the Service to distribute malware, conduct unauthorized surveillance, facilitate fraud, or engage in harmful or unlawful activity.

DON Systems may investigate suspected violations and may suspend or terminate access when necessary to protect the Service, Customers, or the public.

6. Service Availability; Changes; Maintenance

The Service may be unavailable due to maintenance, upgrades, incidents, provider outages, or other causes. DON Systems may modify, improve, or discontinue parts of the Service. Unless otherwise stated in a signed order form or master agreement, the Service is provided without any guarantee of uptime or uninterrupted availability.

7. Fees, Billing, and Taxes

If you purchase access to the Service, you agree to pay fees described in the applicable plan, pricing page, order form, or written agreement. Fees may be subscription-based, usage-based, or both. You authorize DON Systems and its payment processor to charge your payment method for fees, taxes, and other amounts due.

Fees are non-refundable except as required by law or as expressly stated in a written agreement. You are responsible for applicable taxes, excluding taxes based on DON Systems' net income.

DON Systems may update pricing prospectively. Pricing changes will not apply retroactively and generally apply at renewal unless stated otherwise.

8. Intellectual Property; Documentation; Feedback

The Service, including software, APIs, documentation, website content, design, and all related intellectual property, is owned by DON Systems and its licensors and is protected by law. Subject to these Terms and payment of applicable fees, DON Systems grants you a limited, revocable, non-transferable license to access and use the Service for your internal business purposes.

If you provide feedback, ideas, or suggestions regarding the Service, you grant DON Systems a worldwide, perpetual, irrevocable, royalty-free license to use that feedback for any purpose without compensation. DON Systems will not publicly attribute feedback to you without permission.

9. Confidentiality

In connection with the Service, each party may receive the other party's non-public information. "Confidential Information" includes non-public business, technical, and security information disclosed by one party to the other, including non-public documentation, pilot discussions, and non-public product details.

The receiving party will protect Confidential Information using at least reasonable care and will use it only to perform under these Terms. The receiving party may disclose Confidential Information only to personnel and contractors with a need to know and who are bound by confidentiality obligations.

Confidentiality obligations do not apply to information that is independently developed, rightfully received from a third party without breach, or becomes publicly available without breach.

10. Privacy and Data Protection

DON Systems' collection and use of personal information is described in the Privacy Policy, which is incorporated by reference into these Terms. If Customer processes personal data through the Service, Customer may request a Data Processing Agreement ("DPA"). If there is a conflict between the Privacy Policy and a signed DPA, the DPA controls for the processing it covers.

11. Security

DON Systems maintains commercially reasonable security measures designed to protect the Service. You are responsible for appropriate safeguards in your environment, including key management, access controls, and secure handling of collapsed traces and metadata.

12. Term; Suspension; Termination

These Terms begin when you first access the Service and continue until terminated as described below.

You may terminate your account at any time by contacting [email protected]. Termination does not relieve you of any obligations to pay outstanding fees.

DON Systems may suspend or terminate your access to the Service immediately if you violate these Terms, fail to pay fees when due, engage in fraudulent or illegal activity, or if continued provision of the Service would expose DON Systems to legal, regulatory, or reputational risk.

Upon termination, your right to access the Service ceases immediately. DON Systems may retain Customer Content for a reasonable period to allow you to retrieve it, unless legally required to delete or retain it longer. After that period, DON Systems may delete Customer Content without further notice.

13. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, DON SYSTEMS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

DON SYSTEMS DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT ANY OUTPUT, RETRIEVAL RESULT, OR MEMORY NAVIGATION WILL BE COMPLETE, ACCURATE, OR SUITABLE FOR ANY PARTICULAR PURPOSE. YOU ARE RESPONSIBLE FOR VALIDATING OUTPUTS AND FOR YOUR USE OF THE SERVICE IN YOUR SYSTEMS.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DON SYSTEMS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DON SYSTEMS' TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE AMOUNTS PAID OR PAYABLE BY YOU TO DON SYSTEMS FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.

Some jurisdictions do not allow certain limitations. In those jurisdictions, liability is limited to the greatest extent permitted by law.

15. Indemnification

You will indemnify, defend, and hold harmless DON Systems and its officers, directors, employees, and agents from and against any claims, damages, liabilities, losses, and expenses (including reasonable attorneys' fees) arising from or related to: (a) your Customer Content; (b) your use of the Service in violation of these Terms or law; or (c) allegations that your Customer Content infringes or misappropriates third-party rights.

DON Systems will promptly notify you of any indemnified claim and will reasonably cooperate, at your expense, in the defense.

16. Export Controls and Sanctions

You may not use the Service in violation of export controls, sanctions, or other laws governing international trade. You represent that neither you nor your organization is prohibited from receiving services under applicable law.

17. Changes to These Terms

DON Systems may update these Terms from time to time. When it does, it will update the effective date and post the revised Terms. Your continued use of the Service after the updated Terms become effective constitutes acceptance of the revised Terms to the extent permitted by law.

18. Governing Law; Venue

These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles.

Any dispute arising out of or relating to these Terms or the Service must be brought exclusively in the state courts located in El Dorado County, California, or the federal courts located in the Eastern District of California, and the parties consent to personal jurisdiction and venue in those courts.

19. Miscellaneous

These Terms, together with the Privacy Policy and any other agreements expressly incorporated, constitute the entire agreement regarding the Service. If any provision is found invalid, the remaining provisions continue in full force. No waiver of any provision will be deemed a further waiver. You may not assign these Terms without DON Systems' prior written consent. DON Systems may assign these Terms without restriction. Neither party will be liable for failure to perform due to causes beyond its reasonable control.