Mem0

The clause allows indefinite, perpetual, or necessity-based retention.

“How long? We keep personal information only as long as necessary for the purposes described in this policy (see "Data retention" below).”

The clause allows indefinite, perpetual, or necessity-based retention.

“We retain personal information for as long as necessary to fulfill the purposes described in this Privacy Policy, unless a longer retention period is required or permitted by law. To determine the appropriate retention period, we consider: the amount, nature and sensitivity of the personal information;”

The clause allows indefinite, perpetual, or necessity-based retention.

“keep personal information accurate and up to date, and retain it only as long as necessary;”

The clause imposes arbitration, class-action waiver, or jury-trial waiver terms.

“(c) where needed for the preparation or presentation of a claim or defense in this arbitration, (d) where such information is already in the public domain other than as a result of a breach of this clause, or (e) by order of the arbitral tribunal upon application of a party.”

The clause includes sublicensable, transferable, or assignable rights.

“2.1 Subscription to the Mem0 Service. Subject to the terms and conditions of this Agreement, Mem0 hereby grants to Customer a revocable, non-sub-licensable, non-transferable (except as provided in Section 15.3), non-exclusive right to access and use the Mem0 Service and accompanying Documentation solely for Customer’s internal business purposes. 2.2 Access. Customer will access and use the Mem0 Service through API...”

legal burden changed from medium/indemnity to medium/liability limited.

model training worsened from low/no training claim to high/training permitted.

Latest stance: third party or vendor sharing on subprocessors data sharing

“9.1 Restrictions. As a recipient of Confidential Information, each party will (a) use the Confidential Information of the disclosing party only as set forth in this Agreement, (b) not disclose to any third party any Confidential Information of the disclosing party, except as expressly permitted under this Agreement, (c) limit access to the Confidential Information of the disclosing party to its employees and contractors who have a need to know such information to use or provide the Mem0 Service, and ensure that such employees or contractors are bound by confidentiality obligations at least as protective as those contained herein, and (d) protect the Confidential Information of the disclosing party from unauthorized use, access, or disclosure in a reasonable manner. 9.2 Exclusions. The restrictions on use and disclosure of Confidential Information set forth above will not apply to any Confidential Information that (a) is or becomes generally known and available to the public through no act or omission of the receiving party, (b) was in the receiving party’s lawful possession without confidentiality restrictions prior to disclosure by the disclosing party, (c) is received without confidentiality restrictions from a third party with the right to make such a disclosure, or (d) is independently developed by the receiving party. The receiving party may disclose Confidential Information to the extent that such disclosure is required by law or by the order of a court or similar judicial or administrative body, provided that the receiving party will, if permitted by law, provide advance notice of the disclosure to the disclosing party and cooperate so that the disclosing party has the opportunity to obtain appropriate confidential treatment for such Confidential Information.”

Latest stance: sublicensable or transferable on commercial use

“2.1 Subscription to the Mem0 Service. Subject to the terms and conditions of this Agreement, Mem0 hereby grants to Customer a revocable, non-sub-licensable, non-transferable (except as provided in Section 15.3), non-exclusive right to access and use the Mem0 Service and accompanying Documentation solely for Customer’s internal business purposes. 2.2 Access. Customer will access and use the Mem0 Service through API Key(s) provisioned by Mem0 and, where applicable, through the web-based dashboard using unique account credentials. API Key(s) are confidential and may not be shared with any unauthorized third party. Customer may provision multiple API Key(s) within its account and may use such API Key(s) in Customer’s own applications to serve Users. Customer is responsible for maintaining the confidentiality of all API Key(s) and account credentials and is solely responsible for all activities that occur thereunder. Customer is responsible for ensuring that its Users comply with the terms of this Agreement and shall be liable for any acts or omissions of its Users that would constitute a breach of this Agreement. Customer will promptly notify Mem0 of any actual or suspected unauthorized use or access to its account or API Key(s). 2.3 Restrictions. Customer will not, and will not permit any User or other party to: (a) allow any third party to access the Mem0 Technology except as expressly allowed herein; (b) sublicense, lease, sell, resell, rent, loan, distribute, transfer or otherwise allow the use of the Mem0 Technology for the benefit of any unauthorized third party; (c) reverse engineer, decompile, disassemble, or otherwise derive or determine or attempt to derive or determine the source code (or the underlying ideas, algorithms, structure or organization) of the Mem0”

Latest stance: broad license on output ownership

“5.3 Aggregate Data. Notwithstanding Section 5.2, for all Customers (including Customer accessing the Mem0 Service through a Paid Plan), Mem0 may create aggregated and de-identified data derived from Customer Content and Performance Data (“ Aggregate Data ”). Mem0 shall own all right, title, and interest in and to the Aggregate Data, and may use such Aggregate Data for any purpose, including to improve the Mem0 Service and to develop and improve Mem0’s products and services. Aggregate Data will not identify Customer or any individual. 5.4 Performance Data. Mem0 may monitor Customer’s use of the Mem0 Service and may collect and compile Performance Data. As between Mem0 and Customer, all right, title, and interest in the Performance Data, and all intellectual property rights therein, belong to and are retained solely by Mem0. Mem0 may use Performance Data for any purpose, provided that any disclosure or use of Performance Data outside of Mem0’s internal operations will be in aggregated and de-identified form and will not identify Customer or Customer’s Confidential Information. 5.5 Feedback. Customer or its Users may give feedback to Mem0 on the use, operation, and functionality of the Mem0 Service, including information about operating results, known or suspected bugs, errors, or compatibility problems, suggested modifications, and user-desired features, functionality, or workflows (collectively, “ Feedback ”). Customer hereby grants Mem0 a perpetual, irrevocable, worldwide, royalty-free and fully paid-up license to use, reproduce, modify, and create derivative works of the Feedback in connection with its business, products and services without restriction or consideration to Customer.”

Latest stance: third party or vendor sharing on prompt ownership

“2.6 Third-Party Services. Customer may elect, or where it is a necessary part of the Service may be required, to link certain Third-Party Services to the Mem0 Service. Customer is responsible for enabling the integration of each Third-Party Service, and by doing so, Customer acknowledges that: (a) Mem0 may access any Customer Content provided via a Third-Party Service so that it may be used in accordance with the terms of this Agreement, and (b) it is instructing Mem0 to share Customer Content (including Personal Data where directed) with the providers of such Third-Party Services. Third-Party Services are not under the control of Mem0 and Mem0 is not responsible for any Third-Party Services. Customer’s use of the Third-Party Services is governed by the Customer’s agreement with providers of the Third-Party Services. Customer acknowledges and agrees that, for the purposes of Applicable Privacy Laws, each of Mem0 and providers of any Third-Party Service are not processors or subprocessors of Personal Data with respect to each other. 2.7 Use of AI Tools. The Mem0 Service may include AI Tools. Customer may submit queries or other Customer Content to the AI Tools (“ Inputs ”) and receive back outputs generated by the AI Tools in response to Customer’s Inputs (“ Outputs ”). Inputs and Outputs are both Customer Content. Inputs will be shared with Third-Party Services that provide the AI Tools in order to generate Outputs.”