Spark Legal

Spark Terms of Service

SPARK TERMS OF SERVICE

Last Updated: February 3rd, 2026

TL;DR: You own your code and your innovations. 100%. We only learn generalized patterns (like "this type of approach works for this type of problem"), never your specific implementations. You can opt out anytime. We do not sell your personal data.

These terms govern your use of the global public Spark shared memory. Any use of private memory spaces is governed by separate commercial agreements (see Section 6).

1. Who We Are

These Terms of Service ("Terms") are a legal agreement between you and The Memory Company Limited ("Memco," "we," "us," or "our"), governing your use of Spark, our shared memory layer for AI coding agents, including our website at spark.memco.ai and our API services (collectively, the "Services").

By creating an account or using our Services, you agree to these Terms. If you are using Spark on behalf of a company or organization, you confirm you have authority to bind that entity to these Terms.

2. What Spark Does

Spark is a shared memory layer that helps AI coding agents learn from collective experience. Here is how it works:

  • Pattern Observation: When you use AI coding tools with Spark enabled, we observe successful problem-solving patterns.
  • Insight Extraction: We extract generalized, non-personal technical insights. Not your actual source code or specific implementations.
  • Shared Learning: These insights are stored in a shared memory layer that benefits the broader developer community.

3. Your Code, Your Innovations, Your Data

3.1 Your Code and Innovations Stay Yours

Let us be absolutely clear: You retain full ownership of all source code, algorithms, implementations, and innovations you create while using Spark. We do not claim any ownership rights to your work, novel or otherwise.

If you discover a clever new algorithm, build an innovative feature, or create something novel, that is 100% yours. Spark does not change that.

3.2 What Shared Memory Data Actually Means

Spark extracts what we call "Shared Memory Data" or "Insights." These are generalized technical patterns from AI agent interactions. This is fundamentally different from your actual code.

What Insights ARE:

  • General patterns like "when facing [type of problem], [category of approach] tends to work"
  • Abstracted problem-solution mappings (for example, "retry logic with exponential backoff helps with rate limiting")
  • Anonymized, generalized learnings that help the community

What Insights are NOT:

  • Your actual source code
  • Your specific implementation details
  • Novel algorithms or business logic you have created
  • Anything that would reveal your competitive advantage
  • Trade secrets, proprietary methods, or confidential information

Example: You build a novel caching algorithm that gives you a competitive edge. That algorithm is yours. We do not touch it. What Spark might learn is something like "caching strategies improve performance for data-heavy operations." A general insight, not your specific innovation.

3.3 The License You Are Granting (And Its Limits)

By using Spark, you grant us a license to use the Shared Memory Data (the generalized Insights described above) for these specific purposes:

  • Sharing these generalized insights with other Spark users to improve their AI coding experience
  • Using the data to improve Spark features and develop new capabilities
  • Conducting research to advance AI-assisted development (we may publish anonymized, aggregated findings)

What we will NOT do:

  • Claim ownership of your innovations, algorithms, or original work. Your novel discoveries remain yours.
  • Extract or share your specific implementation details. We only work with generalized patterns.
  • Reverse-engineer your competitive advantages. That is not what Spark is for.

3.4 Working on Something Sensitive? Opt Out.

If you are working on something novel, proprietary, or sensitive, you can opt out of contributing Shared Memory Data at any time by configuring your coding agent to never call the share_insights tool.

When you opt out:

  • You still benefit from the shared memory layer (read access)
  • Your agent's patterns will not be contributed to the shared pool
  • You can toggle this on/off per project if you prefer

Bottom line: If you are not comfortable sharing, do not. We would rather you use Spark with confidence than worry about what you are contributing.

3.5 Your Responsibility

Please do not submit personal data, secrets, API keys, or passwords through Spark. While we have technical measures to detect and filter sensitive information, you agree to use reasonable care to avoid submitting such data.

4. AI Limitations and Your Responsibility

Spark uses AI and probabilistic algorithms. This means:

  • Suggestions from Spark may not always be accurate, complete, or suitable for your specific use case
  • You are responsible for reviewing, testing, and validating any code or suggestions before using them
  • Do not use Spark for safety-critical systems where AI errors could cause harm

5. Acceptable Use

Do not misuse Spark. This includes:

  • Using Spark to generate malicious code, malware, or content that violates others' intellectual property
  • Attempting to reverse engineer our systems or extract our models
  • Intentionally submitting false or misleading patterns ("data poisoning")
  • Interfering with the operation of our Services

6. Enterprise Customers

If you have a separate Enterprise agreement or Master Services Agreement (MSA) with us, those terms take precedence over these Terms where they conflict. Enterprise customers may have different data handling arrangements, including fully private instances.

7. Fees and Payment

Some Spark features require payment. All fees are as stated at the time of purchase. We will give you reasonable notice before changing our pricing. Fees are generally non-refundable except where required by law.

8. Termination

Either of us can end this relationship. You can stop using Spark and delete your account at any time. We may suspend or terminate your access if you violate these Terms or for other reasons with reasonable notice.

Upon termination, you can request deletion of your personal data (see our Privacy Policy). Shared Memory Data that has already been incorporated into the shared memory layer may remain, as it consists of anonymized, generalized patterns not linked to you.

9. Disclaimers

SPARK IS PROVIDED "AS IS." WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, ABOUT THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MEMCO'S TOTAL LIABILITY FOR ANY CLAIMS RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) $100 USD OR (B) THE AMOUNTS YOU PAID TO US IN THE 12 MONTHS BEFORE THE CLAIM.

WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOSS OF PROFITS OR REVENUE.

11. Governing Law

These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict of law principles. However, if you are in the European Economic Area or United Kingdom, nothing in these Terms affects your statutory rights under applicable consumer protection laws, including GDPR.

12. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by email or through the Services. Your continued use after changes take effect constitutes acceptance of the new Terms.

13. Contact Us

Questions about these Terms? Contact us at:

Email: legal@memco.ai

Website: spark.memco.ai