Terms of Service

Last Updated: January 8, 2026

Welcome to Institutional Memory API ("Service", "we", "us", or "our"). By accessing or using our Service, you agree to be bound by these Terms of Service ("Terms").

1. Service Description

Institutional Memory API provides a compliance documentation service for AI-powered hiring decisions. Our Service allows customers ("you", "Customer") to:

• Register and document AI systems used in hiring processes
• Record hiring decisions with immutable timestamps
• Log candidate disclosures and regulatory compliance activities
• Generate audit-ready evidence packs for legal challenges

2. Account Registration

To use the Service, you must:

• Provide accurate and complete company information
• Maintain the security of your API keys
• Be authorized to enter into this agreement on behalf of your organization
• Comply with all applicable employment and data protection laws

3. Data Ownership and Usage

3.1 Customer Data Ownership

You retain all rights, title, and interest in the data you submit to our Service ("Customer Data"). We do not claim ownership of your hiring records, decision logs, or compliance documentation.

3.2 Our Right to Process Data

You grant us permission to process Customer Data solely to provide the Service, including:

• Storing hiring decision metadata
• Generating audit reports and compliance packs
• Maintaining immutable timestamps and cryptographic hashes

3.3 Privacy Protections

We hash candidate identifiers using SHA-256 to protect personally identifiable information (PII). See our Privacy Policy for details.

4. Data Retention Policy

Default Retention: We retain Customer Data for 7 years from the date of creation, consistent with employment law record-keeping requirements.

Legal Hold: Customers may flag records for "legal hold" during active litigation, preventing automatic deletion.

Post-Termination: Upon account cancellation, we provide a 30-day grace period for data export. After 30 days, data is permanently deleted unless a paid archive plan is maintained.

5. Service Level Agreement (SLA)

5.1 Uptime Guarantee

• Starter Plan: 99.0% monthly uptime
• Professional Plan: 99.9% monthly uptime
• Enterprise Plan: 99.95% monthly uptime with dedicated support

5.2 Support Response Times

• Starter: 24-hour email response
• Professional: 4-hour email response (business hours)
• Enterprise: 1-hour response with dedicated Slack channel

6. Prohibited Uses

You may NOT use the Service to:

• Violate any laws (including employment discrimination laws)
• Store false or fabricated hiring records
• Attempt to reverse-engineer or access other customers' data
• Resell the Service without explicit partnership agreement
• Exceed API rate limits or abuse system resources

7. Limitation of Liability

IMPORTANT: THIS SERVICE ASSISTS WITH COMPLIANCE DOCUMENTATION BUT DOES NOT GUARANTEE LEGAL OUTCOMES.

To the maximum extent permitted by law:

• We are NOT liable for legal judgments, fines, or penalties arising from your hiring practices
• Our total liability is limited to the lesser of $10,000 USD or 12 months of fees paid
• We are NOT liable for indirect, consequential, or punitive damages
• You are responsible for ensuring your hiring practices comply with all applicable laws

7.1 No Legal Advice

This Service provides record-keeping technology, NOT legal advice. Consult with employment law attorneys for compliance guidance.

8. Indemnification

You agree to indemnify and hold us harmless from claims arising from:

• Your use of the Service
• Your hiring practices or employment decisions
• Your violation of these Terms or applicable laws
• Disputes with candidates, employees, or regulatory agencies

9. Pricing and Payment

9.1 Subscription Fees

Fees are billed monthly or annually in advance. See our pricing page for current rates.

9.2 Overage Charges

If you exceed your plan's decision volume limit, overage fees apply at $0.50 per additional decision.

9.3 Price Changes

We may change prices with 30 days notice. Existing customers are grandfathered for 12 months.

10. Termination

10.1 By Customer

You may cancel at any time with 30 days notice. No refunds for partial months.

10.2 By Us

We may suspend or terminate your account if you:

• Violate these Terms
• Fail to pay fees for 15 days after due date
• Use the Service for illegal purposes

10.3 Data Export

Upon termination, we provide data export in JSON format within 30 days. After 30 days, data is permanently deleted.

11. Data Security

We implement industry-standard security measures:

• Encryption at rest and in transit (TLS 1.3)
• SHA-256 hashing of candidate identifiers
• API key authentication for all requests
• Regular security audits and penetration testing

Data Breach Notification: We will notify you within 72 hours of discovering any data breach affecting your Customer Data.

12. Compliance Certifications

Our Service is designed to assist with:

• NYC Local Law 144 (AI hiring disclosure requirements)
• California AB 2013 (automated decision systems)
• EU AI Act (high-risk AI systems documentation)
• EEOC record-keeping requirements

Note: Compliance with these laws depends on YOUR hiring practices. We provide tools, not legal guarantees.

13. Modifications to Terms

We may update these Terms with 30 days notice. Continued use after changes constitutes acceptance.

14. Governing Law

These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict of law provisions.

15. Dispute Resolution

Any disputes shall be resolved through binding arbitration in Delaware, USA, under JAMS rules. You waive the right to class action lawsuits.

16. Contact Information

For questions about these Terms, contact us at:

Email: legal@defensiblehiringai.com
Support: support@defensiblehiringai.com

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