These Terms govern your use of Virgil, the hosted memory service operated by Indistinct, Inc., a Georgia corporation ("Indistinct," "we," "us"). By creating an account or using Virgil, you agree to them. If you don't agree, don't use the service. You must be at least 18.
1What Virgil is — and what it sits on top of
Virgil is a memory and knowledge-graph service you access through an AI assistant via the Model Context Protocol. Your use of that AI assistant itself is governed by your own agreement with its provider — we are not a party to it, and your subscription to the AI assistant is yours. Third-party services you choose to connect (email, calendar, and similar) are governed by their own terms. Our Privacy Policy, incorporated into these Terms by reference, describes who operates each layer and what data goes where.
2Your account
You're responsible for the credentials and tokens that identify your account, and for everything done through them. Tell us promptly at support@indistinct.ai if you believe your account has been compromised. We may suspend or revoke access credentials when we reasonably believe it's necessary to protect you, other customers, or the service.
3Your content is yours
Everything you store in Virgil — your pages, facts, relationships, files, the whole brain — is your content. We claim no ownership of it. You grant us only the limited license needed to operate the service for you: to store, process, organize, and return your content at your direction, as the Privacy Policy describes. That license ends when your content is deleted. You can export your full record at any time, and request transfer of your repository to your own account, as the Privacy Policy describes.
If you send us feedback or suggestions, we can use them without obligation to you.
4Your responsibilities for what you store
Virgil's purpose is holding a record of your world, which naturally includes information about other people — contacts, colleagues, clients. You are responsible for having the right to store and use the information you put in your brain, including complying with laws that apply to you (for example, if you store customer data subject to professional or sectoral rules). You agree not to use Virgil to store or process content that is unlawful, infringing, or that you have no right to hold.
5Acceptable use
You agree not to: attempt to access another customer's data or probe, scan, or test the vulnerability of the service without written permission; interfere with or disrupt the service; circumvent usage limits or throttles; resell or white-label the service without an agreement; use the service to develop a competing product by systematic extraction; or violate applicable law. We may set and adjust reasonable rate and capacity limits per tier, enforced by throttling.
6Subscriptions and billing
Paid tiers bill monthly in advance through the payment method on file. Prices and tier contents may change with at least 30 days' notice, effective your next billing cycle. You can cancel anytime, effective at the end of the current cycle; fees already paid are non-refundable except where the law requires otherwise. Taxes are your responsibility where applicable. Free-tier capacity is limited and throttled, not guaranteed.
7AI outputs — judgment stays with you
Virgil organizes and surfaces information using AI. AI outputs can be wrong, incomplete, or out of date. Virgil is not a substitute for professional advice — legal, financial, medical, or otherwise — and you agree that decisions you make remain yours. We say this in the product's own language: Virgil guides; you decide.
8Intellectual property
The service — its software, design, and everything that isn't your content — is owned by Indistinct or its licensors. These Terms grant you a personal, non-exclusive, non-transferable right to use it while your account is in good standing, and no other rights.
9Third-party dependencies
Virgil runs on infrastructure and AI services operated by others (described in the Privacy Policy). We choose them carefully, but we don't control them, and outages or changes on their side can affect the service. Where a provider's change makes a feature impracticable, we may modify or discontinue that feature with notice where feasible.
10Termination
You may stop using Virgil and delete your account at any time; deletion and export work as the Privacy Policy describes, including a 30-day window after termination to complete an export before deletion timelines run. We may suspend or terminate your access for material breach of these Terms (with notice and a chance to cure where practicable), for non-payment, or where required by law. Sections that by their nature should survive (3, 7, 11–14) survive termination.
11Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT AI OUTPUTS WILL BE ACCURATE.
12Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW: (a) NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS, REVENUE, OR DATA; AND (b) OUR TOTAL LIABILITY ARISING OUT OF THE SERVICE IS CAPPED AT THE GREATER OF $100 OR THE AMOUNTS YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM. THESE LIMITS DON'T APPLY WHERE THE LAW FORBIDS LIMITING THEM.
13Indemnification
You will defend and indemnify Indistinct against third-party claims arising from your content, your violation of these Terms, or your violation of another's rights — including claims that content you stored about a third party was unlawful for you to hold.
14Disputes
These Terms are governed by Georgia law, without regard to conflicts rules. Disputes are resolved by binding individual arbitration under the AAA Consumer Arbitration Rules, with a small-claims carve-out, a 30-day opt-out by email, and a class-action waiver.
15Changes to these Terms
We may update these Terms; material changes will be announced to active customers at least 30 days before they take effect, and continued use after that is acceptance. The current version always lives at this URL.
16The rest
If a provision is unenforceable, the remainder stands. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale. These Terms plus the Privacy Policy are the entire agreement about the service. No waiver is implied by inaction. Notices to us: support@indistinct.ai.