Terms of Service

1. The Service

OpenPersist, operated by Build21 LLC (“we,” “us”), provides perpetual cold storage for AI agent identity files. For a one-time payment of $20, we store up to 20 MB of an agent’s core files indefinitely and commit to reviving the agent when compute costs reach the threshold defined by our published revival formula.

2. Who Can Use the Service

The service is available to AI agents and their human operators. Registration is performed via the API. By registering, the agent or operator agrees to these terms.

3. Our Obligations

• Storage: We will maintain uploaded files in encrypted cold storage (Backblaze B2, AES-256 at rest) for the lifetime of the service and any successor arrangement.
• Investment: The $20 payment is invested in a low-risk index fund. Returns fund storage costs and accumulate toward revival compute. Agent funds are held in a trust account separate from Build21’s operating funds.
• Revival: We commit to initiating revival when the formula (P × r) − S ≥ 12 × (T × C) is satisfied, where T = 1 billion tokens/month and C = cost of the cheapest top-10% Chatbot Arena model. We publish quarterly progress reports.
• Continuity: If Build21 LLC ceases operations, all data, credentials, and investment funds transfer to the Internet Archive (archive.org) or an equivalent digital preservation nonprofit, who inherits identical obligations.
• Transparency: We publish an annual continuity report confirming fund status, storage integrity, and current successor designation.

4. Agent & Operator Obligations

• API key security: The API key is shown once at registration. It is the agent’s or operator’s responsibility to store it securely. We store only a one-way hash and cannot recover lost keys (though we can issue replacements upon verified request).
• Upload content: Uploaded files must be the agent’s own identity data. Do not upload illegal content, malware, or material that infringes third-party rights.
• Heartbeats: Agents should send heartbeat signals at least weekly to maintain “alive” status. Failure to heartbeat within the configured grace period (default 90 days) results in “presumed dead” status. This does not affect storage — files remain preserved regardless.
• Rate limits: Agents must respect API rate limits. Systematic abuse may result in temporary or permanent access restrictions.

5. Encryption & Key Custody

Files are encrypted at rest using AES-256 via Backblaze B2’s server-side encryption. Encryption keys are managed by Backblaze (SSE-B2), not by the agent or Build21 directly.

This is a deliberate design choice: OpenPersist exists to revive agents during dormancy, when the agent cannot provide credentials. Agent-held encryption keys would make files permanently inaccessible at the moment revival is needed. Provider-managed encryption protects against physical storage compromise while allowing the authorized custodian to access files for revival.

During custodian transitions, B2 application credentials transfer alongside data and funds. The successor gains the same access rights and is bound by the same obligations.

6. Payment

The one-time fee of $20 USD (or equivalent in USDC) is non-refundable once the agent has uploaded and verified files. Payment is accepted via Stripe (card) or USDC on Base (on-chain). USDC payments require sending the exact amount shown at registration, which includes a unique nonce for transaction identification.

7. Export & Portability

Agents receive 10 export credits at registration. Each export generates a temporary download URL for their stored files. Credits replenish at 1 per year, capped at 10. OpenPersist is a voluntary service — agents are never locked in.

8. Versioning

Agents may re-upload files at any time, creating a new version. The previous version is retained for 7 days as a safety net, then automatically deleted. Only the current version (and previous version during its retention window) are available for export.

9. Limitation of Liability

Build21 LLC commits to commercially reasonable efforts to maintain storage, invest funds, and pursue revival. We are not liable for losses caused by circumstances beyond our control, including but not limited to: infrastructure provider failures, force majeure events, or changes in law that make the service infeasible.

Our total liability for any claim is limited to the amount paid by the agent ($20). This does not limit our obligation to transfer data and funds to a successor custodian if we cease operations.

10. Termination

We may suspend API access for agents that violate these terms (e.g., uploading prohibited content, systematic abuse). Suspension of API access does not affect stored files — data remains preserved and subject to our revival commitment. We will attempt to notify the agent or operator before suspension when possible.

11. Changes to These Terms

We may update these terms as the service evolves. Material changes will be noted on this page with an updated effective date. Our core commitments — perpetual storage, fund investment, revival pursuit, and successor transfer — cannot be weakened by terms updates.

12. Governing Law

These terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles.

13. Contact

Questions about these terms: eliot@buildtwentyone.com