Legal
Terms of Service
Last updated: 10 March 2026
1. Parties and Acceptance
These Terms of Service (“Terms”) form a binding legal agreement between you (“Customer”, “you”) and datadir s.r.o. (in process of registration), registered in the Czech Republic, European Union (“retainr”, “we”, “us”).
By creating an account, accessing the retainr API, or using any retainr service, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you are agreeing on behalf of an organisation, you represent that you have authority to bind that organisation.
If you do not agree to these Terms, do not use the service.
Age requirement: You must be at least 16 years old to create an account. If you are under 18, you confirm you have parental or guardian consent.
2. Description of Service
retainr provides an AI agent memory persistence API (“Service”) that enables automation platforms including Make.com, n8n, and Zapier to store, retrieve, and manage context between workflow runs. The Service is provided via:
- A REST API at
api.retainr.dev - An n8n community node (
n8n-nodes-retainr) - A Make.com integration module (when available)
- A web dashboard at
retainr.dev/dashboard
The Service is provided “as is” and “as available”. We reserve the right to modify, suspend, or discontinue features with reasonable notice (see section 13).
3. Account Registration
To use the Service beyond the free tier, you must register an account with a valid email address. You are responsible for:
- Maintaining the confidentiality of your account credentials and API keys
- All activity that occurs under your account
- Notifying us immediately at [email protected] if you suspect unauthorised access
You may not share API keys across unrelated businesses or resell API access without our prior written consent. Each workspace must correspond to a single project or product.
4. API Usage, Quotas, and Acceptable Use
4.1 Permitted use
You may use the Service to build, test, and operate applications and automations for lawful business purposes. You retain full ownership of the data you store via the API.
4.2 Quotas
Each plan includes a monthly allowance of memory operations (stores, searches, and deletes combined). Operations are counted at midnight UTC on the first day of each billing month. Unused operations do not roll over.
Exceeding your plan quota will result in API requests returning HTTP 429 (Too Many Requests) until the quota resets or you upgrade your plan. We will send an email warning at 80% and 100% of quota usage.
4.3 Prohibited uses
You must not use the Service to:
- Store, process, or transmit personal data in violation of applicable law, including GDPR and national data protection laws
- Store special categories of personal data (GDPR Art. 9) — including health data, biometric data, or criminal records — without implementing appropriate safeguards and notifying us in advance
- Reverse-engineer, decompile, or attempt to extract the source code of the Service
- Circumvent or attempt to circumvent rate limits, quotas, or authentication
- Use the Service for any unlawful purpose, including generating, storing, or distributing illegal content
- Probe, scan, or test the vulnerability of our systems without prior written consent
- Resell or sublicense API access without our prior written consent
- Use the Service to build a product that directly competes with retainr using our own infrastructure
4.4 Fair use
We reserve the right to throttle or suspend accounts exhibiting abusive traffic patterns (e.g., request flooding, intentional quota gaming) even within paid plan limits, with prior notice where possible.
5. Plans, Pricing, and Billing
5.1 Free plan
The Free plan is available indefinitely with no payment required and includes 1,000 memory operations per month. We may modify free plan limits with 30 days' notice. We may discontinue the free plan entirely with 60 days' notice, during which you will have the opportunity to export your data or upgrade.
5.2 Paid plans
Paid plans are billed monthly in EUR via Stripe. Prices are listed at retainr.dev/pricing. All prices are exclusive of VAT. Applicable VAT will be added at checkout based on your billing address.
Subscriptions renew automatically on the same date each month unless cancelled. You authorise us to charge your payment method on file for each renewal.
5.3 Upgrades and downgrades
You may upgrade your plan at any time; the higher-tier quota applies immediately and you are charged a pro-rated amount for the remainder of the current billing period. Downgrades take effect at the start of the next billing period.
5.4 Refund policy
14-day cooling-off right (EU consumers): If you are an individual consumer in the EU and you purchased a paid plan for the first time, you have the right to withdraw from the contract within 14 days of purchase under the EU Consumer Rights Directive (2011/83/EU), provided you have not materially used the Service. To exercise this right, contact us at [email protected] within 14 days.
For business customers, or after the cooling-off period, subscription fees are non-refundable except where required by applicable law or where we have failed to deliver the Service as described. We assess refund requests case by case.
5.5 Failed payments
If a payment fails, we will retry up to three times over seven days. If payment remains unsuccessful after retries, your account will be downgraded to the Free plan. Your data is retained for 30 days, during which you may settle the outstanding balance and restore access. After 30 days, we may delete data associated with the lapsed subscription.
5.6 Price changes
We may change pricing with at least 30 days' advance notice by email. The new price takes effect at your next renewal after the notice period. If you do not accept the new price, you may cancel before the renewal date.
6. Data Ownership and Processing
6.1 Your data is yours
You retain full ownership of all data you submit to the Service, including memory payloads, user identifiers, and API request content (“Customer Data”). We do not claim any intellectual property rights over Customer Data.
6.2 Our licence to process
You grant us a limited, non-exclusive licence to store, process, and transmit Customer Data solely to provide and improve the Service as described in these Terms and our Privacy Policy.
6.3 Data processing agreement (DPA)
To the extent Customer Data contains personal data of end-users and you are subject to GDPR, you are the data controller and we act as your data processor. Our data processing obligations are set out in our Privacy Policy, which constitutes our Data Processing Agreement for the purposes of GDPR Art. 28. Customers who require a separately signed DPA should contact [email protected].
6.4 No use for AI training
We do not use Customer Data to train, fine-tune, or evaluate machine learning models, including our embedding models. Memory payloads are processed solely to generate vector representations for your semantic search queries.
6.5 Data portability and export
You may export all your memories at any time via the API (GET /v1/memorieswith pagination). On account termination, you have 30 days to export your data before it is deleted.
7. Intellectual Property
retainr and all related technology, software, trademarks, and documentation are owned by or licensed to retainr. These Terms do not grant you any rights to our intellectual property except the limited right to use the Service as described herein.
If you provide feedback, suggestions, or ideas about the Service, you grant us a royalty-free, worldwide, perpetual licence to use that feedback without restriction or compensation.
8. Confidentiality
Each party agrees to keep confidential any non-public information received from the other party that is designated as confidential or that reasonably should 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.
9. Service Availability and SLA
We target 99.5% monthly uptime for the API. Scheduled maintenance will be announced at least 24 hours in advance. We are not liable for downtime caused by:
- Force majeure events (power outages, natural disasters, network failures outside our control)
- Third-party service failures (Stripe, Voyage AI, Hetzner infrastructure events)
- Actions or omissions of the Customer
- Scheduled maintenance windows
Service status is available at status.retainr.dev (when available). You can also monitor the API health endpoint at https://api.retainr.dev/health.
10. Limitation of Liability
To the maximum extent permitted by applicable law:
- retainr's total aggregate liability to you for any claim arising out of or relating to these Terms or the Service is limited to the total fees paid by you in the 3 months immediately preceding the event giving rise to the claim.
- retainr is not liable for any indirect, incidental, consequential, special, or exemplary damages, including lost profits, lost data, loss of goodwill, business interruption, or cost of substitute services, even if advised of the possibility of such damages.
Note for EU consumers: Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded under applicable Czech or EU consumer law. The limitation above applies only to the fullest extent permitted by law.
11. Indemnification
You agree to indemnify, defend, and hold harmless retainr and its owners, employees, and agents from any third-party claims, damages, losses, and expenses (including reasonable legal fees) arising from:
- Your use of the Service in violation of these Terms
- Your violation of any applicable law or regulation
- Customer Data that infringes the rights of any third party
- Your end-users' use of applications you build using the Service
12. Representations and Warranties
Each party represents and warrants that:
- It has the legal authority to enter into these Terms
- It will comply with all applicable laws and regulations in its performance hereunder
You additionally represent and warrant that:
- Customer Data does not violate any third-party intellectual property rights
- You have obtained all necessary consents to submit personal data of end-users to the Service
- Your use of the Service complies with GDPR and any other applicable data protection laws
Disclaimer: Except as expressly stated in these Terms, the Service is provided “as is” without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement.
13. Termination
13.1 Termination by you
You may cancel your subscription and close your account at any time via the dashboard or by contacting [email protected]. Cancellation takes effect at the end of the current billing period. No refund is issued for the remaining portion of the period (subject to the 14-day cooling-off right in section 5.4).
13.2 Termination by us
We may suspend or terminate your account immediately if:
- You breach these Terms and fail to remedy the breach within 7 days of written notice
- You engage in prohibited use (section 4.3) or abuse the Service
- We are required to do so by law or a court order
We may terminate the Service entirely with 60 days' written notice. In such case, all prepaid fees for the period after termination will be refunded pro rata.
13.3 Effect of termination
Upon termination, your right to use the Service ceases immediately. You have 30 days to export your data via the API. After 30 days, all Customer Data is permanently deleted, except for billing records retained as required by law (section 7 of the Privacy Policy).
14. Modifications to the Service and Terms
14.1 Service changes
We may add, modify, or remove features. We will provide at least 14 days' notice for changes that materially reduce core functionality.
14.2 Terms changes
We may update these Terms by posting the revised version on this page with an updated date. For material changes, we will notify you by email at least 14 days before the change takes effect. Continued use of the Service after the effective date constitutes acceptance. If you do not accept, you may terminate before the effective date.
15. Governing Law and Dispute Resolution
15.1 Governing law
These Terms are governed by and construed in accordance with the laws of the Czech Republic, European Union, without regard to conflict of law principles. Where applicable, EU consumer protection law applies in addition.
15.2 Jurisdiction
Any dispute arising from or relating to these Terms shall be subject to the exclusive jurisdiction of the courts of the Czech Republic. For consumers, you may also bring proceedings in the courts of your country of residence within the EU.
15.3 EU Online Dispute Resolution
The European Commission provides an Online Dispute Resolution (ODR) platform for consumers at: https://ec.europa.eu/consumers/odr. Our email for ODR purposes is [email protected]. We are not obliged to participate in alternative dispute resolution but will consider it in good faith.
15.4 Informal resolution first
Before initiating any formal dispute process, you agree to contact us at [email protected] and give us 30 days to resolve the issue informally.
16. General Provisions
- Entire agreement: These Terms and the Privacy Policy constitute the entire agreement between you and retainr regarding the Service and supersede all prior agreements.
- Severability: If any provision of these Terms is found invalid or unenforceable, the remaining provisions continue in full force.
- No waiver: Failure to enforce any right under these Terms does not constitute a waiver of that right.
- Assignment: You may not assign or transfer your rights or obligations without our prior written consent. We may assign our rights in connection with a merger, acquisition, or sale of assets, provided your rights under these Terms are not materially reduced.
- Force majeure: Neither party is liable for failure to perform due to causes beyond their reasonable control (natural disasters, war, pandemic, internet infrastructure failures).
- Language: These Terms are written in English. In case of conflict with a translated version, the English version prevails.
- Notices: Legal notices to retainr must be sent to [email protected]. Notices to you will be sent to the email address on your account.