Terms of Service

Last updated: [DATE] | Effective: [DATE]

These Terms of Service ("Terms") govern your use of the Fencepost platform and services operated by ScaleRight Ltd ("we", "us", "our"), a company registered in England and Wales (Company No: [NUMBER]).

By accessing or using Fencepost, you agree to be bound by these Terms.

1. Definitions

• "Service" means the Fencepost cost control platform, including the managed hosting service, the fencepost-sidecar software, the @fencepost/core SDK, and the fencepost.dev website.
• "Customer" means any individual or entity that creates an account or purchases a subscription.
• "BYOK" means Bring Your Own Key — you provide your own LLM API keys from providers such as OpenAI, Anthropic, or OpenRouter.
• "VPS" means the dedicated virtual private server provisioned for your use.

2. Service Description

Fencepost provides AI cost control, budget enforcement, and audit logging as a sidecar service alongside OpenClaw or other AI platforms. The managed hosting service provisions a dedicated server on EU infrastructure (Hetzner, Nuremberg, Germany).

3. BYOK — Your API Keys

You are solely responsible for:

• Obtaining and maintaining valid API keys from your chosen LLM providers
• All costs incurred through your API keys, regardless of whether Fencepost's budget enforcement was active
• Compliance with your LLM provider's terms of service

We do not store, proxy through our systems, or have access to your API keys unless you explicitly configure the sidecar proxy on your own VPS. API keys remain on your server at all times.

4. Budget Enforcement Disclaimer

IMPORTANT: Fencepost's budget enforcement features operate on a best-effort basis. While designed to prevent API spend exceeding configured limits, we do not guarantee that all API calls will be intercepted or blocked. Factors including but not limited to network latency, concurrent requests, provider API behaviour, and service interruptions may result in spend marginally exceeding configured budgets.

ScaleRight's total liability for any budget enforcement failure shall not exceed the fees paid by Customer in the 12 months preceding the claim.

5. Managed Hosting

• Each managed hosting subscription provisions a dedicated VPS for your exclusive use.
• We manage the infrastructure (OS updates, Docker runtime, Cloudflare DNS). You manage your OpenClaw configuration, skills, and API keys.
• We do not provide an SLA for uptime. We will make reasonable efforts to maintain availability but do not guarantee any specific uptime percentage.
• Your VPS is located in the EU (Hetzner, Nuremberg, Germany) unless otherwise specified.

6. Payment and Billing

• Subscription fees are billed monthly via Stripe. Lifetime deals are one-time payments via Paddle.
• All prices are in GBP unless otherwise stated. VAT may apply depending on your location.
• You may cancel your subscription at any time. Your service continues until the end of the current billing period.
• Refunds are available within 14 days of initial purchase if no VPS has been provisioned.

7. Acceptable Use

You agree not to:

• Use the Service for any illegal purpose or in violation of any applicable law
• Attempt to bypass or circumvent Fencepost's budget enforcement mechanisms
• Use the Service to generate spam, malware, or abusive content via AI
• Share, resell, or sublicense your VPS access without our written consent
• Attempt to access other customers' servers or data

8. Data and Privacy

See our Privacy Policy for details on how we collect, use, and protect your data. See our Data Processing Agreement for GDPR Article 28 compliance.

9. Intellectual Property

• The @fencepost/core SDK is licensed under the MIT License.
• The Fencepost sidecar, dashboard, and managed hosting platform are proprietary to ScaleRight Ltd.
• "Fencepost" is a trademark of ScaleRight Ltd (UK IPO application pending).

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• Our total aggregate liability shall not exceed the total fees paid by you in the 12 months preceding the claim.
• We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, lost data, or business interruption.
• We shall not be liable for any costs incurred through your LLM API keys, regardless of the cause.

11. Termination

• You may terminate your account at any time by cancelling your subscription.
• We may terminate or suspend your account for violation of these Terms, with reasonable notice where practicable.
• Upon termination, we will make your data available for export for 30 days, after which it will be permanently deleted.

12. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes via email at least 14 days before they take effect. Continued use after changes constitutes acceptance.

13. Governing Law

These Terms are governed by and construed in accordance with the laws of England and Wales. Any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.

14. Contact

ScaleRight Ltd
Email: hello@scaleright.ai
ICO Registration: [NUMBER]