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Terms

whatever-recall — legal

Terms of Service

1 · Who you are contracting with

Kathrin Mc Cain — McCain Digital, Holderweg 1, 86869 Oberostendorf, Germany (“we”, “us”). These terms govern the whatever-recall service: your account at whatever-recall.com, the free trial, license tokens and paid plans. The software itself is licensed separately (section 2).

2 · Software license vs. this service

The whatever-recall engine is source-available under the Business Source License 1.1: noncommercial use (personal, educational, academic research, nonprofits) is free, forever — schools and universities explicitly included. Commercial production use requires an active paid plan (one seat per person), which is your license grant for the duration of your subscription. Using the engine to offer a competing product or service is not licensed. Every released version automatically becomes open source (Apache 2.0) three years after its release. The full texts ship with the software and live in the public repository (LICENSE and COMMERCIAL.md). Your project data — the .mind index recall builds inside your repository — is yours, always; these terms grant us no rights to it.

3 · The local-first promise

recall runs on your machine. Your code, your queries and your index never reach our servers — the service only verifies who you are and what plan you are on. Signing in issues a signed token, and the tool confirms your seat with a lightweight online check about once an hour; no code or query data ever leaves your machine.

4 · Account & free trial

You need an account (email/password or Google/GitHub/Discord sign-in) with a working email address, and you are responsible for keeping your sign-in method secure. Signing up starts a 14-day trial with every feature and no payment method required. When the trial ends, reading your existing memory keeps working; creating new knowledge (stamping, re-indexing, Power Mode) requires a paid plan. Your .mind data is never held hostage.

5 · Plans & seats

There is one product, the Developer plan, and it has every feature — you only choose how many people share the memory. Pricing is per seat: $29 per seat / month or $290 per seat / year, a minimum of one seat, with no upper limit — add seats freely. A seat is one person in your organization using recall. Organization tools (managing members, issuing license keys, shared billing) become available once your organization holds two or more seats. Sharing license tokens beyond the seats you hold is a material breach.

6 · Billing

Payments are processed by Stripe; we never see your card details. Plans renew automatically (monthly or annually) until cancelled. You can cancel at any time, effective at the end of the current billing period. Prices are stated on the pricing page and may exclude VAT/sales tax depending on your country; applicable taxes are shown at checkout. We may change prices with at least 30 days' notice, effective at your next renewal — if you disagree, cancel before it takes effect.

7 · License tokens & fair play

The service issues cryptographically signed license tokens. Your CLI confirms your seat with a lightweight online check about once an hour; each seat is for one active device at a time. You may not share tokens beyond your seats, circumvent or disable entitlement checks, resell or sublicense the service, or offer recall (or a service substantially built on it) to third parties outside what your license permits. Automated abuse of the account API (e.g. circumventing rate limits) is prohibited.

8 · Availability & support

The account service is provided on a best-effort basis without a guaranteed uptime; short maintenance windows may occur. The tool runs locally and confirms your seat with a brief hourly online check, with a grace period if a check can't reach us — a short outage of our service does not interrupt your work. Support is provided via email (support@mccain-digital.com) and the community channels linked in the footer.

9 · Warranty & liability

For consumers, statutory warranty rights apply. We are liable without limitation for intent and gross negligence, for injury to life, body or health, and under the German Product Liability Act. For slight negligence we are liable only for the breach of essential contractual duties (duties whose fulfilment makes the proper performance of the contract possible at all and on whose observance you may regularly rely), and then limited to the foreseeable damage typical for this kind of contract. Any further liability is excluded.

10 · Termination

You can cancel your plan or delete your account at any time from the account page — deletion ends sessions and revokes license tokens immediately. We may suspend or terminate accounts for material breach of these terms; except for severe cases (circumvention of license enforcement, abuse, unlawful use), we will notify you first and give you a reasonable period to cure.

11 · Changes to these terms

We may update these terms with at least 30 days' notice by email. If you do not object before the changes take effect, or you continue using the service afterwards, the updated terms apply. If you object, either side may terminate at the effective date; prepaid, unused periods are refunded pro rata.

12 · Governing law & final provisions

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. If you are a consumer, the mandatory consumer-protection rules of your country of residence remain unaffected. For merchants, the place of jurisdiction is our seat. Should individual provisions of these terms be invalid, the remainder stays in force. Questions: support@mccain-digital.com. Billing and refund matters: payment@mccain-digital.com. whatever-recall is a product and service of McCain Digital — all official email comes from @mccain-digital.com addresses.