EEngramia
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Terms of Service

Engramia — Reusable Execution Memory for AI Agents

Last updated: 2026-03-27

1. Agreement to Terms

By accessing or using any hosted or managed Engramia offering operated by the Licensor (the "Service"), including the cloud-hosted API ("Cloud Service"), customer-specific hosted deployments, dashboards, billing pages, support channels, and related managed functionality, you ("Customer", "you") agree to be bound by these Terms of Service ("Terms").

If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

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

Important: These Terms govern the Service. The Engramia source code, Python package, and self-hosted software distribution (the "Software") are licensed separately under the Business Source License 1.1 (BSL 1.1). Use of the Software is governed by the applicable license and any separate commercial license agreement, not solely by these Terms.

2. Definitions

  • "Software" — the Engramia source code, Python package, binaries, container images, self-hosted deployment artifacts, and related software components distributed by the Licensor.
  • "Service" — any hosted, managed, or Licensor-operated version of Engramia, including the Cloud Service, hosted APIs, customer-specific managed deployments, dashboards, billing systems, support operations, and related online functionality.
  • "Cloud Service" — the hosted version of Engramia accessible via API endpoints, dashboard interfaces, or other online access points managed by the Licensor.
  • "Licensor" — Marek Čermák, the creator and operator of Engramia.
  • "Customer Data" — any data, content, prompts, patterns, code, evaluation results, API inputs, logs, or other materials that you submit to or store within the Service.
  • "Outputs" — any results, recommendations, patterns, pipeline compositions, evaluations, rankings, summaries, or other content generated by the Service.
  • "Subscription" — a paid commercial arrangement granting access to certain Service features, usage limits, support levels, or managed deployment options.
  • "Commercial License" — a separate written license or commercial agreement issued by the Licensor that authorizes commercial or production use of the Software beyond what is permitted by the BSL 1.1 license.
  • "Trial" — a time-limited, feature-limited, or usage-limited access tier made available solely for evaluation purposes.

3. Service Description

Engramia is a reusable execution memory and evaluation infrastructure for AI agent frameworks. It provides pattern storage, semantic search, pipeline composition, multi-evaluator scoring, prompt evolution, and related capabilities. Certain features may rely on third-party AI model providers (e.g., OpenAI, Anthropic) for inference, evaluation, composition, prompt evolution, or related processing.

The specific features, limits, deployment options, support levels, and commercial terms applicable to your use may depend on your Subscription, Commercial License, enterprise agreement, or other order form.

4. License and Usage Rights

4.1 Relationship Between These Terms and the Software License

The Software is licensed under the Business Source License 1.1 (BSL 1.1), together with any applicable Commercial License or separate written agreement. The full Software license terms are available in the LICENSE file and any separately executed commercial agreement.

These Terms supplement, but do not replace, the BSL 1.1 license or any Commercial License. In the event of a conflict regarding rights to use, copy, modify, distribute, self-host, deploy, or commercially exploit the Software, the applicable Software license or Commercial License shall control.

4.2 Permitted Use of the Service

Subject to:

  • these Terms,
  • your applicable Subscription or order form, and
  • where relevant, a valid Commercial License for any related Software use,

you may use the Service to:

  • store, recall, evaluate, and compose AI agent patterns;
  • use Outputs in your internal workflows or products, subject to your legal and compliance obligations;
  • access support, documentation, dashboards, hosted APIs, or managed deployment features made available under your plan.

4.3 No Implied Software Rights

A paid Subscription, invoice, or access to the Service does not by itself grant any rights beyond those expressly permitted under:

  • the BSL 1.1 license,
  • a separately executed Commercial License, or
  • another written agreement signed by the Licensor.

Without limiting the foregoing:

  • purchasing access to the Service does not automatically authorize commercial self-hosting of the Software;
  • purchasing access to the Service does not automatically authorize embedding, redistribution, resale, sublicensing, or OEM use of the Software; and
  • commercial or production use of the Software may require a separate Commercial License even if you also purchase a Subscription.

4.4 Prohibited Use

You may not:

  • use the Service or Software for any purpose prohibited by applicable law;
  • use the Service or Software in connection with AI systems classified as "prohibited" under the EU AI Act (Regulation (EU) 2024/1689), including but not limited to social scoring, real-time biometric identification in public spaces where prohibited, manipulation through subliminal or deceptive techniques, or exploitation of vulnerabilities of specific groups;
  • attempt to reverse-engineer, decompile, or extract algorithms, models, or trade secrets from the Service beyond what is permitted by applicable law;
  • use the Service or Software to develop, train, benchmark, or improve a competing product or service, except to the extent expressly permitted by applicable law and non-waivable rights;
  • exceed rate limits, circumvent access controls, probe for vulnerabilities, or interfere with the operation, security, or availability of the Service;
  • share, resell, sublicense, or transfer access credentials or hosted access rights to third parties except as expressly authorized in writing;
  • submit Customer Data that you do not have the legal right to use, process, or disclose; or
  • use the Service or Software in a way that violates the applicable Software license, Commercial License, export controls, sanctions laws, privacy laws, or intellectual property rights.

5. Subscriptions and Payment

5.1 Plans

The Service may be offered under plans such as:

  • Trial — free, time-limited, feature-limited, or usage-limited access for evaluation purposes only;
  • Monthly Subscription — paid monthly, billed in advance;
  • Annual Subscription — paid annually, billed in advance, typically at a discounted rate;
  • Pay-as-you-go — usage-based billing based on API calls, compute, storage, patterns stored, or other usage metrics as specified on the pricing page or order form.

The Licensor may change, add, rename, or discontinue plans at any time, subject to Section 15.5.

5.2 Payment

All fees are stated in the applicable currency on the pricing page, invoice, or order form. Fees are non-refundable except as required by applicable law or expressly stated otherwise in writing.

The Licensor reserves the right to change pricing, packaging, or usage limits with at least 30 days' prior notice for existing paying customers, unless a longer notice period is required by law or contract.

5.3 Taxes

All fees are exclusive of taxes unless expressly stated otherwise. You are responsible for all applicable taxes, duties, levies, or governmental charges arising from your use of the Service, excluding taxes based on the Licensor's net income.

5.4 Late Payment

If payment is overdue by more than 14 days, the Licensor may suspend access to the Service, downgrade usage, disable certain features, or terminate the applicable Subscription, subject to applicable law.

6. Customer Data

6.1 Ownership

You retain all rights, title, and interest in and to your Customer Data. The Licensor does not claim ownership of your Customer Data.

6.2 Limited License to Licensor

By submitting Customer Data to the Service, you grant the Licensor a limited, non-exclusive, revocable (except as needed to perform ongoing obligations), and non-transferable right to host, process, store, transmit, display, transform, and use your Customer Data solely as necessary to:

  • provide, secure, maintain, and improve the Service;
  • respond to support requests;
  • prevent abuse, fraud, and security incidents; and
  • comply with legal obligations.

6.3 Aggregated and Anonymized Data

The Licensor may derive anonymized, aggregated usage data from your use of the Service to improve the Service, develop new features, generate benchmarks, perform capacity planning, or create analytics, provided such data does not identify you or any individual.

The Licensor will not sell or disclose your raw Customer Data to unrelated third parties except as described in these Terms, the Privacy Policy, or as required by law.

The Licensor does not use Customer Data to train or fine-tune general-purpose AI models for third-party resale. Anonymized or de-identified data may be used internally for product improvement, testing, quality assurance, and service optimization.

6.4 Customer Responsibilities

You are solely responsible for:

  • the legality, accuracy, and appropriateness of all Customer Data;
  • ensuring that Customer Data does not contain personal data, confidential data, trade secrets, regulated data, or sensitive personal data unless you have all required rights, notices, consents, and legal bases for such processing;
  • maintaining backup copies of any data you consider business-critical unless otherwise agreed in writing; and
  • complying with all applicable privacy, AI, export, consumer protection, and sector-specific laws in connection with your use of the Service.

The Licensor does not monitor, review, or validate Customer Data except as reasonably necessary to provide the Service, comply with law, investigate abuse, or enforce these Terms.

If your use case requires a Data Processing Agreement (DPA), regulated processing terms, or customer-specific compliance commitments, you must contact the Licensor before using the Service for that purpose.

6.5 Data Retention After Termination

Unless otherwise agreed in writing:

  • you may export Customer Data free of charge for 30 calendar days after termination or expiration of your Subscription (the "Grace Period");
  • after the Grace Period, export assistance may be available for an additional 60 calendar days subject to reasonable retrieval or support fees; and
  • after the total retention period of 90 calendar days, Customer Data may be permanently deleted, unless a longer retention period is required by law or contract.

Upon written request during the Grace Period, the Licensor will use commercially reasonable efforts to delete Customer Data earlier, subject to legal retention obligations, technical constraints, fraud prevention, and backup schedules.

7. AI-Specific Terms

7.1 Nature of Outputs

The Service may generate Outputs using machine learning systems, third-party AI models, heuristics, retrieval systems, statistical methods, or rule-based logic.

Outputs are informational and advisory in nature. They may be incomplete, inaccurate, biased, stale, or unsuitable for your intended purpose and are not guaranteed to be correct, compliant, secure, or production-ready.

7.2 Customer Responsibility for Outputs

You are solely responsible for:

  • evaluating, testing, validating, and reviewing all Outputs before use;
  • determining whether Outputs are appropriate for your business, legal, regulatory, or technical context;
  • any decisions, actions, deployments, or consequences arising from your use of Outputs; and
  • ensuring that your use of Outputs complies with all applicable laws, regulations, contractual obligations, and internal policies.

The Licensor is not responsible for losses or damages arising from your reliance on Outputs without appropriate review and validation.

7.3 EU AI Act Compliance

If you use the Service or Software as a component of an AI system classified as "high-risk" under the EU AI Act (Regulation (EU) 2024/1689), you acknowledge and agree that:

  • you, and not the Licensor, are generally responsible for determining your role as provider, deployer, importer, distributor, or authorized representative of that system;
  • you are responsible for compliance with all obligations applicable to your AI system, use case, and deployment context, including documentation, transparency, human oversight, risk management, data governance, robustness, cybersecurity, logging, and post-market obligations; and
  • the Licensor does not represent that the Service or Software alone makes your system compliant with the EU AI Act.

You may request additional documentation, support, or enterprise compliance assistance from the Licensor, which may be subject to separate fees or agreement.

7.4 Third-Party AI Models

The Service may interact with third-party AI model providers (e.g., OpenAI, Anthropic or similar providers). Your use of such functionality may also be subject to those providers' terms, policies, availability, rate limits, acceptable use restrictions, and regional constraints.

The Licensor is not responsible for the availability, pricing, latency, accuracy, safety characteristics, or policy changes of third-party AI model providers.

7.5 AI Transparency

The following functions may involve AI-assisted or algorithmic processing:

  • Evaluate — may use LLMs or similar systems for code quality evaluation;
  • Compose — may use LLMs or similar systems for pipeline decomposition or planning;
  • Evolve — may use LLMs or similar systems for prompt improvement;
  • Analyze Failures — may use algorithmic clustering and statistical grouping;
  • Recall — may use embeddings, semantic similarity, vector search, or ranking systems;
  • Learn — may store, transform, index, embed, or score submitted content.

Actual implementation details may vary by deployment mode, provider configuration, version, and plan.

8. Availability and Support

8.1 Availability

The Licensor will use commercially reasonable efforts to maintain the availability of the Cloud Service. However, no specific uptime guarantee, SLA, disaster recovery commitment, or response-time commitment is provided unless separately agreed in writing.

The Service may be temporarily unavailable due to:

  • scheduled maintenance;
  • unscheduled maintenance, emergency fixes, or security response;
  • upstream provider outages or third-party dependency failures; or
  • events beyond the Licensor's reasonable control.

8.2 Support

Basic support may include documentation, email support, issue triage, or community resources. Priority support, enterprise support, architecture guidance, onboarding, or customer-specific assistance may be offered only under separate commercial arrangements.

8.3 Modifications

The Licensor may modify, update, add, remove, or discontinue features of the Service at any time. If a material change materially and adversely affects a paying customer's use of the Service, the customer may terminate the affected Subscription and receive a pro-rata refund for the unused prepaid portion, unless the change is required for security, legal compliance, or third-party dependency reasons.

9. Intellectual Property

9.1 Licensor Intellectual Property

The Service and Software, including all algorithms, code, models, architecture, documentation, branding, interfaces, trademarks, trade secrets, and related intellectual property, are and remain the exclusive property of the Licensor or its licensors.

Except for the limited rights expressly granted under these Terms, the BSL 1.1 license, and any applicable Commercial License, no rights are granted to you by implication, estoppel, or otherwise.

9.2 Feedback

If you provide suggestions, ideas, requests, recommendations, bug reports, or feedback relating to the Service or Software, the Licensor may use, reproduce, modify, commercialize, and incorporate that feedback without restriction or obligation to you, provided this does not override your rights in Customer Data.

9.3 Trademarks

You may not use the Licensor's name, trademarks, logos, branding, or product names without prior written consent, except as reasonably necessary to identify the Service or Software in a factual and non-misleading manner.

10. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, SECURITY, AVAILABILITY, OR FITNESS FOR REGULATED, SAFETY-CRITICAL, OR HIGH-RISK USE CASES.

Without limiting the foregoing, the Licensor does not warrant that:

  • the Service will meet your requirements or business objectives;
  • the Service will be uninterrupted, timely, secure, error-free, or free of harmful components;
  • Outputs will be accurate, complete, reliable, compliant, or suitable for production use; or
  • any defects will be corrected within any specific timeframe.

11. Limitation of Liability

11.1 Business Customers (B2B)

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSOR SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS OPPORTUNITY, SECURITY INCIDENT COSTS, PROCUREMENT OF SUBSTITUTE SERVICES, OR INTERRUPTION LOSSES, ARISING OUT OF OR RELATED TO THE SERVICE, SOFTWARE, OUTPUTS, OR THESE TERMS, REGARDLESS OF THE THEORY OF LIABILITY.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSOR'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS PAID BY YOU TO THE LICENSOR FOR THE SERVICE DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) FIFTY UNITED STATES DOLLARS (USD $50).

11.2 Consumers (B2C) — EU/EEA

If you are a consumer within the European Union or European Economic Area, the limitations in Section 11.1 apply only to the extent permitted by applicable consumer protection law. Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for:

  • death or personal injury caused by negligence;
  • fraud or fraudulent misrepresentation; or
  • any other liability that cannot be excluded under applicable law.

Where required by law, EU/EEA consumers may also have a 14-day withdrawal right for eligible digital services, subject to statutory exceptions and any valid waiver or acknowledgment required by law.

12. Indemnification

To the maximum extent permitted by applicable law, you agree to indemnify, defend, and hold harmless the Licensor from and against any third-party claims, damages, losses, liabilities, costs, and reasonable legal fees arising out of or related to:

  • your use of the Service or Software in violation of these Terms, the applicable Software license, or applicable law;
  • your Customer Data;
  • your use, distribution, or deployment of Outputs; or
  • your products, services, or systems that incorporate or rely on the Service, Software, or Outputs.

This Section does not apply to the extent a claim results directly from the Licensor's willful misconduct or non-waivable legal liability.

13. Termination

13.1 By You

You may terminate your Subscription at any time. Unless otherwise stated in your order form, termination takes effect at the end of the current billing period. No refunds are provided for partial billing periods except as required by law or expressly agreed in writing.

13.2 By the Licensor

The Licensor may suspend or terminate your access to the Service immediately if:

  • you breach these Terms, the applicable Software license, or a Commercial License;
  • your payment is overdue by more than 14 days;
  • your use poses a security, fraud, abuse, compliance, reputational, or legal risk; or
  • suspension or termination is required by law, court order, regulator, upstream provider, or sanctions compliance.

13.3 Effect of Termination

Upon termination:

  • your right to use the Service ceases immediately, subject to any limited data export rights in Section 6.5;
  • the Licensor may disable accounts, credentials, hosted environments, and access tokens; and
  • Sections that by their nature should survive termination will survive, including Sections 4, 6, 7, 9, 10, 11, 12, 14, and 15.

Termination of the Service does not waive, replace, or extinguish any obligations or restrictions that continue to apply under the Software license, Commercial License, Privacy Policy, DPA, or other binding agreement.

14. Governing Law and Disputes

14.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the Czech Republic, without regard to its conflict of laws rules, except to the extent mandatory consumer protection law requires otherwise.

14.2 Dispute Resolution

Any dispute arising out of or in connection with these Terms shall be resolved as follows:

  • Negotiation — the parties will first attempt in good faith to resolve the dispute through informal negotiation for at least 30 days after written notice of dispute;
  • Arbitration (B2B) — if negotiation fails and you are not a consumer, the dispute shall be finally settled by arbitration administered by the Arbitration Court attached to the Czech Chamber of Commerce and the Agricultural Chamber of the Czech Republic under its applicable rules. The seat of arbitration shall be Prague, Czech Republic. The language of the proceedings shall be English;
  • Consumers (EU/EEA) — if you are a consumer in the EU/EEA, you may also bring proceedings in the courts of your country of residence to the extent required by applicable law.

Nothing in these Terms prevents either party from seeking urgent injunctive relief, protective measures, or enforcement of intellectual property rights in a court of competent jurisdiction.

15. General Provisions

15.1 Entire Agreement

These Terms, together with the Privacy Policy, any applicable DPA, order form, Subscription terms, Commercial License, and the applicable Software license, constitute the entire agreement between you and the Licensor regarding the Service and supersede prior discussions relating to the same subject matter.

15.2 Severability

If any provision of these Terms is held unenforceable, invalid, or unlawful, that provision shall be enforced to the maximum extent permitted and the remaining provisions shall remain in full force and effect.

15.3 Waiver

Failure to enforce any right or provision under these Terms shall not constitute a waiver of that right or provision.

15.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without the Licensor's prior written consent. The Licensor may assign or transfer these Terms without restriction in connection with a merger, acquisition, sale of assets, financing, reorganization, or operation of the Service.

15.5 Amendments

The Licensor may update these Terms from time to time. Material changes will be communicated by email, dashboard notice, in-product notice, or another reasonable method at least 30 days before taking effect, unless a shorter period is required for legal, security, or abuse-prevention reasons.

15.5.1 Business Customers (B2B)

For business customers, continued use of the Service after the effective date of updated Terms constitutes acceptance of the updated Terms.

15.5.2 Consumers (B2C) — EU/EEA

If you are a consumer in the EU/EEA, material changes requiring consent under applicable law will be presented through an explicit active consent flow where required. Where consent is not provided, the Licensor may continue providing the Service under the previously accepted version to the extent reasonably possible, or allow termination in accordance with applicable law.

15.6 Language

These Terms are drafted in English. If translated into another language, the English version shall prevail to the extent permitted by law and except where mandatory local law requires otherwise.

15.7 Notices

Legal notices to the Licensor should be sent to: support@engramia.dev

Notices to you may be sent to the email address associated with your account, your billing contact, your dashboard account, or another reasonable communication channel associated with your use of the Service.

Contact

For questions about these Terms, contact:

Marek Čermák Email: support@engramia.dev Czech Republic