Terms and Conditions

1. Who this agreement is between

Decision Memory is operated by Theruka Holding SpA. In these terms "we" and "us" mean Theruka Holding SpA, and "you" means the person accepting them.

If you are accepting on behalf of an organisation, you confirm you are authorised to bind that organisation, and "you" means both you and that organisation.

2. Accounts and access

An account is identified by an email address. Sign-in is by Google Sign-In or by a single-use link sent to that address. We do not ask for or store a password.

You are responsible for who can read the email address you sign in with. Anyone who can receive mail at that address can reach your workspace.

An account has one owner. The owner can invite others as editors or viewers, decide what they can see, buy and change the plan, and delete the account. Editors and viewers cannot do those things.

3. Your data stays yours

You keep every right you already had in the programme data you put into the product - your projects, milestones, risks, decisions and uploaded plans. We do not claim ownership of it.

You grant us permission to store and process that data only so far as is needed to run the product for you: to display it back to you, to share it with the people you invite, to produce the reports you ask for, and to keep backups.

We do not sell your data. We do not share it with anyone outside the sub-processors listed in the privacy policy. We do not use it to train AI models, and we do not fine-tune models on it.

One exception applies, and it is counts rather than content. Where a mitigation you recorded has been judged, we add the risk's classification, the mitigation's classification, the verdict and the month to a shared count, so that the product can say what has actually worked against a kind of problem. No text you wrote, and nothing that identifies you or your programme, is part of that. It is described in full under "The pattern library" in the privacy policy, and you can turn it off.

4. What you may not do

Do not use the product to store unlawful content, to infringe somebody else's rights, or to hold personal data you have no lawful basis for holding.

Do not attempt to access another customer's workspace, probe or interfere with the service's security, or use automated means to place load on it beyond ordinary use.

Do not resell or sublicense access. Seats are for named people; sharing one login between several people is not permitted.

5. AI features

Some features send parts of your workspace to an AI provider to generate a summary, a draft or a suggestion. Every one of them is triggered by a person clicking something - nothing is sent in the background.

AI output is a draft, not advice, and it can be wrong. It is your responsibility to check anything you rely on or send onward. We do not warrant that AI output is accurate, complete or fit for a particular purpose.

Every account has a data mode. An account set to test sends nothing to the AI provider at all. The setting is on the account page and takes effect immediately.

6. How we sell, and who you are actually buying from

Subscriptions, extra seats and AI credit packs are not sold by us directly. They are sold through Lemon Squeezy, who act as the Merchant of Record for every purchase.

That has a specific meaning and it is worth being clear about it. The Merchant of Record is the seller of record on the transaction: they contract with you for the purchase, they take the payment, they issue the invoice or receipt, and they are the party named on your card or bank statement.

It also means your payment details are never ours to hold. Card numbers, bank details and any other payment instrument go to Lemon Squeezy and their payment processors. They do not pass through our systems and we never store them.

7. VAT and sales tax

Because Lemon Squeezy is the Merchant of Record, they are responsible for calculating, collecting and remitting VAT, GST and sales tax on your purchase, in the jurisdiction that applies to you.

Prices shown in the product are exclusive of those taxes unless stated otherwise. The amount actually charged, including any tax, is shown at checkout before you pay and on the invoice you receive.

Tax invoices and receipts come from Lemon Squeezy, not from us. If you need a VAT number recorded, a tax invoice reissued, or a correction to the tax treatment of a purchase, that is a request to them - we cannot change it after the fact. We can tell you which purchase to quote.

8. What we receive from the sale

What reaches us from a purchase is an entitlement: which plan you are on, how many extra seats you bought, how many AI credits, when the subscription renews, and whether it is still live. You agree that we store those entitlement records and use them to decide what your account can do.

We also keep a record of the payment events the Merchant of Record sends us - that a payment succeeded, failed or was refunded, and which purchase it relates to - because without it a payment that did not apply cannot be investigated or repaired.

We do not receive and do not store your payment instrument, your billing address, or any other cardholder data. No part of our system is in scope for PCI DSS, because no cardholder data ever enters it.

9. Billing, renewal and refunds

Plans are billed monthly or annually in advance, and renew automatically until cancelled. Cancelling stops the renewal; it does not shorten the period you have already paid for, and you keep the plan until that period ends.

Prices may change. A change to the price of a plan you are already on takes effect at your next renewal, not during a period you have paid for.

Refunds are considered case by case and are processed through the Merchant of Record. Where a refund is given, we may also remove what it paid for - extra seats, an AI credit pack, or the plan itself. You will be told which.

10. What we store about you, and what we never store

The only personal data we hold about you as an individual is the email address you sign in with, and a display name where you or your account owner has set one. We do not ask for a password, a phone number, a postal address, a date of birth or a job title, and we have no field to put them in.

Everything else we store is your programme content - projects, milestones, risks, decisions and the files you upload. What goes in there is your choice and your responsibility: see clause 4. If you put personal data about other people into a milestone or a risk, you are the one who decided to, and you need a lawful basis for it.

We never store cardholder data of any kind - no card numbers, no expiry dates, no security codes, no bank details. That is the Merchant of Record's to hold, not ours.

We never store health or medical information, and the product is not designed, offered or suitable for data covered by HIPAA. Do not put such data into it. We will not sign a Business Associate Agreement, and using the product for that purpose is a breach of these terms.

11. Personal data you hold about other people

If you put personal data about other people into the product - a colleague named as a milestone owner, a stakeholder on a project roster, somebody you invite or send a share link to - then for that data you are the controller and we process it for you.

Our Data Processing Addendum governs that processing. It forms part of these terms and you accept it when you accept these; you do not need to sign it separately. It is published at /dpa and covers what we process and why, the sub-processors we use and the notice you get before they change, security, a 72-hour personal data breach notification, help with data subject rights, deletion when you leave, and - stated plainly - what we do not offer.

If your organisation needs a countersigned copy for its own records, ask and we will provide one.

None of that changes clause 4: what you put in is your decision, and you need a lawful basis for it.

12. How your data is kept apart

Every record we store is owned by an account, and is written and read by that account's identifier. Queries are scoped to it on the server, on every request, rather than filtered in the browser.

One account's content is never merged with another's, never pooled to produce a shared result, and never used to answer another account's request. Sharing happens only where you deliberately create it: by inviting somebody to your account, or by issuing a share link. The single exception is the anonymous outcome counts described under "The pattern library" in the privacy policy, which carry no content and no identifier.

Access is enforced on the server for every request. A person's role and the projects in their scope are resolved from the account they are asking about, not from anything the browser sends.

13. Deleting your data yourself

You do not have to write to us to get your data removed, and you do not have to wait for us. An account owner can delete the account from the billing page inside the product, at any time, without asking anyone.

Doing so cancels any live subscription first, then permanently erases the workspace and everything in it - projects, portfolios, milestones, risks, mitigations, decisions, executive reports, integrations and share links. It is immediate and it cannot be undone, by you or by us.

What survives is the billing record and your acceptance of these documents, because we are required to keep the first and because the second is the record that you agreed to this. Neither contains your programme content.

14. Free plans and trials

A free plan or trial may be changed or withdrawn, and its limits may be adjusted. We will not do this in a way that removes access to data you have already put in.

A trial ends on the date shown in the product. When it ends the account moves to the free plan and that plan's limits apply.

15. Availability

We aim to keep the service available and we monitor it, but we do not offer a guaranteed uptime figure and this agreement includes no service level commitment.

We may take the service down for maintenance. Where that is planned, we will give notice in the product where we reasonably can.

16. Ending the agreement

You can stop using the product at any time. An account owner can delete the account from the billing page.

Deleting an account is permanent. Any live subscription is cancelled first, then the workspace and everything in it is erased - projects, milestones, risks, decisions, reports, share links and integrations. It cannot be undone and we cannot recover it afterwards. Billing records are kept, because we are required to keep them.

We may suspend or end an account that breaches these terms, or that has not paid. Where an account is suspended for non-payment it becomes read-only rather than closed: your data is not held hostage, and you can still read and export it.

17. Liability

Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot lawfully be limited.

Subject to that, our total liability to you in any twelve-month period is limited to the amount you paid us for the product in that period.

We are not liable for indirect or consequential loss, for lost profits or opportunity, or for decisions taken on the basis of AI-generated output.

18. Changes to these terms

We may change these terms. Each version has a date, and the version you accepted is recorded against your account.

Where a change materially affects your rights or what we may do with your data, we will ask you to accept the new version before you continue using the product. Where it does not, the current version will be published here and will apply from its effective date.

19. Law, and how to reach us

These terms are governed by the laws of Chile, and the courts of Santiago have jurisdiction, except where the law of your own country gives you a right to bring a claim locally that cannot be excluded.

Questions about these terms: support@theruka.com.