Terms of Service
In short
- Spend Brake is operated by Kristiyan Ivanov, an individual. These terms are an agreement between you and me.
- You bring your own provider accounts and keys and remain responsible for what the providers bill you. Spend Brake enforces caps before requests leave, with overshoot bounded by one request's worst case, but the provider's bill is the authoritative record and caps only hold if the proxy is the only path to your key.
- Paid plans renew monthly through Stripe until you cancel. Fees are non-refundable except where the law says otherwise.
- The Service is provided “as is”. My liability is limited to what you paid me in the three months before a claim.
Please read these Terms of Service (the “Terms”) carefully. The website at spendbrake.dev and its subdomains (the “Website”), the hosted Spend Brake service at app.spendbrake.dev including its proxy endpoints, dashboard, admin API and command-line tool (the “Hosted Service”), and the Business and Enterprise license files I issue (“Licenses”) (together, the “Services”) are operated by Kristiyan Ivanov, a self-employed individual registered in Bulgaria (BULSTAT 180490275) (“I,” “me,” or “Spend Brake”). These Terms, together with the Privacy Policy and any supplemental terms presented to you for acceptance (together, the “Agreement”), govern your access to and use of the Services. By creating an account, buying a plan or License, or otherwise accessing or using any of the Services, you represent that (1) you have read, understand and agree to be bound by the Agreement, (2) you are of legal age to form a binding contract with me, and (3) you have the authority to enter into the Agreement personally or on behalf of the organization you named when registering, and to bind that organization. “You” refers to that individual or organization. If you do not agree, you may not use the Services.
If you subscribe to a paid plan, your subscription renews automatically for successive monthly periods at the then-current price until you cancel, as described in Section 7.5 (Automatic Renewal).
Section 12 (Disclaimer of Warranties) and Section 13 (Limitation of Liability) limit what I am responsible for. Section 5 (How Caps Work) explains what Spend Brake does and does not guarantee about your spend.
Changes. I may change the Agreement. When I do, I will post the updated version on the Website and update the “Last updated” date. For material changes I will also email the address on your account. Changes take effect immediately for new users and, for existing account holders, 30 days after the new date unless you accept them earlier through a mechanism I provide. If you do not agree to the updated Agreement, stop using the Services before it takes effect; continued use after that date is acceptance.
- 1. The Services and the Software
- 2. Accounts
- 3. Your Provider Accounts and Keys
- 4. Your Data
- 5. How Caps Work and What Is Not Guaranteed
- 6. Acceptable Use
- 7. Fees and Purchase Terms
- 8. Plan Limits, Retention and Changes to the Services
- 9. Ownership and Feedback
- 10. Communications
- 11. Third-Party Services
- 12. Disclaimer of Warranties
- 13. Limitation of Liability
- 14. Indemnification
- 15. Term and Termination
- 16. Dispute Resolution and Governing Law
- 17. General Provisions
1. The Services and the Software
1.1 What Spend Brake is
Spend Brake is a proxy for paid APIs. Your applications and agents send requests to it instead of to the provider; it prices each request, checks it against the spend caps you set, forwards it to the provider with your own provider key, and records metadata about the call. The Hosted Service is my installation of that software, which you use through your account.
1.2 Open-source software and self-hosting
The Spend Brake software is published at
github.com/KIvanow/spend-brake.
Everything outside the ee/ directory is licensed under the Apache License
2.0; the ee/ directory is licensed under the separate LICENSE-EE and
requires a License to use beyond evaluation. Those software licenses, not these Terms,
govern your use of the software itself when you run it on your own infrastructure. These
Terms govern the Website, the Hosted Service and the issuing of Licenses. Where an
open-source license and these Terms conflict regarding the software, the open-source
license controls.
1.3 Licenses
A Business or Enterprise License is an Ed25519-signed file, verified offline by your
install, that enables the ee/ features for the number of orgs and the
period it states. A License is issued or renewed each time the corresponding invoice is
paid and is valid to the end of the paid period. After it expires, its features keep
working for a 14-day grace period and then become read-only; the proxy, caps and all
Apache-2.0 features keep working regardless. You may not share, resell or alter a
License, or attempt to circumvent its verification.
1.4 Updates
The Services are evolving. I may update the Hosted Service at any time, with or without
notice. You may need to update the brake command-line tool or other
software from time to time to keep using the Hosted Service.
2. Accounts
2.1 Registration
To use the Hosted Service you create an org and an owner account with an email address. You agree to (a) provide true, accurate, current and complete information, and (b) keep it that way. You represent that you are at least 18 years old, of legal age to form a binding contract, and not barred from using the Services under any applicable law. If you provide information that is untrue, inaccurate or incomplete, or I have reasonable grounds to suspect so, I may suspend or terminate your account.
2.2 Sign-in links, tokens and keys
Sign-in uses one-time links sent to your email, API tokens, or single sign-on if your org configured it. The owner token shown once at setup, your admin tokens, your Spend Brake virtual keys and your session keys are credentials: anyone holding them can act as you or spend against your caps. You are responsible for keeping them secret, for every request made with them, and for everything that happens under your account, including the actions of automated agents and of people you invite. Notify me immediately at kristiyan@spendbrake.dev of any unauthorized use, and revoke or rotate the affected keys in the dashboard.
2.3 Teams
An org's owner may invite people as owners, admins or viewers, change their roles and remove them. The person inviting is responsible for having the right to share the org's data with those invited. An org always keeps at least one owner.
2.4 Your account
You have no ownership or property interest in your account or org identifier; they exist for the purpose of providing you the Services. You may close your account at any time (Section 15.3).
2.5 Equipment
You must provide all equipment, software and connectivity necessary to use the Services, and you are responsible for any fees you incur doing so.
3. Your Provider Accounts and Keys
Bring your own key, always. Spend Brake does not sell, resell or share access to any provider. To proxy a provider you must hold your own account and API key with that provider (for example Google Maps Platform, Twilio, Mapbox, HERE, Tavily, Exa, Brave or SerpApi). By storing a provider key in the Hosted Service you:
- represent that you are entitled to use that key and to let the Hosted Service forward requests with it;
- authorize me to store it encrypted and to use it only to forward the requests your Spend Brake keys make;
- remain bound by that provider's terms of service, acceptable-use rules and pricing, and are solely responsible for complying with them, including any restrictions on caching, storing or displaying their content;
- remain solely responsible for all charges the provider bills to your provider account, whether or not a request went through Spend Brake.
Spend Brake is designed to stay within the Google Maps Platform Terms of Service: responses are streamed through and never cached to answer later requests, only request metadata is stored, and every request reaches Google with your key. That is not legal advice; you are responsible for your own compliance.
4. Your Data
4.1 What I store
The Hosted Service stores your account and team data, your encrypted provider keys, your configuration, and a usage event for each proxied call containing the provider, route and SKU, cost, status, latency, labels you set, trace context, user agent, request and response sizes and a one-way request hash. It never stores request or response bodies or query strings. The Privacy Policy has the details.
4.2 Ownership and license
You own your data. You grant me a non-exclusive, worldwide, royalty-free license to host, store, process, transmit and display it only as needed to provide the Services to you and your org, to send the alerts and telemetry you configure, and as described in the Privacy Policy. Where you send personal data of your own users through the proxy, you are the controller and I process it on your behalf under this Agreement; you are responsible for having a lawful basis to do so.
4.3 Your responsibility for what you send
You, and not I, are responsible for everything your applications, agents and team members send through the Hosted Service and for the destinations you configure for alerts, webhooks and telemetry. I have no obligation to monitor your traffic, but I may inspect metadata to operate the Services, enforce this Agreement and protect the providers behind the proxy.
5. How Caps Work and What Is Not Guaranteed
Spend caps are the point of Spend Brake, so this section states plainly what they do and do not do.
- Enforced before forwarding. Each request is priced at its worst case from Spend Brake's price catalog, reserved against every applicable cap in one atomic step, and refused with HTTP 402 if any cap would be crossed. The actual cost is settled afterwards. Overshoot past a cap is therefore bounded by one request's worst-case price per concurrent request.
- Prices come from the providers' public price lists and are maintained by hand in data files that cite their source. Providers change prices, add SKUs and apply discounts, free tiers, commitments and taxes that Spend Brake may not know about. Spend Brake checks provider price pages for drift and alerts you, but a catalog may lag or be wrong. Your provider's bill is the authoritative record of what you spent.
- Caps only hold if the proxy is the only path to spend. If a provider key is used anywhere other than through Spend Brake, or is not restricted to the proxy's egress addresses and the APIs you use, Spend Brake cannot see or stop that spend. You are responsible for restricting your keys and for keeping the provider's own budgets and quotas on as a backstop.
-
Unpriced routes are refused, not allowed. If a request cannot be
priced it is blocked with HTTP 402
unpriced_route. - Failure mode. If the budget store is unavailable, the proxy fails closed and refuses requests with HTTP 503, unless a key has opted into a fail-open allowance, in which case spend up to that allowance may occur without a live check.
- Loop detection and kill switches act on patterns and commands you configure. They are safeguards, not guarantees that an agent or application cannot misbehave in other ways.
- Availability. When the Hosted Service is down, requests through it fail; they are not forwarded. Design your applications to handle 402, 429 and 503 responses.
Accordingly, I do not guarantee that your provider bill will not exceed any cap you set, and provider charges are excluded from my liability under Section 13.
6. Acceptable Use
As a condition of use, you agree not to use the Services for any purpose prohibited by this Agreement or by law. You shall not, and shall not permit any third party or automated agent to:
- use the Services to access a provider in violation of that provider's terms, including scraping, bulk extraction, caching or redistributing provider content beyond what the provider allows;
- resell, sublicense, rent or otherwise commercially exploit the Hosted Service itself, or offer it to third parties as a service, without my written consent (running your own self-hosted install under the software licenses is fine);
- attempt to bypass, disable or interfere with caps, kill switches, loop detection, plan limits, rate limits or License verification;
- share one account between unrelated organizations, create accounts with false information, or create a new account after I have terminated one for breach;
- infringe or misappropriate anyone's intellectual property, privacy or other rights, or send unlawful, threatening, defamatory, fraudulent or otherwise objectionable content through the Services;
- send unsolicited bulk messages through a proxied messaging provider, or use the Services for unauthorized advertising, spam or any scheme that violates law;
- probe, scan or test the vulnerability of the Services without permission, introduce malware, or interfere with any other user's use of the Services, including by overloading or flooding them;
- use the Services for any purpose prohibited by applicable sanctions or export laws.
7. Fees and Purchase Terms
7.1 Plans
The Hosted Service offers a Free plan and paid monthly plans (currently Indie, Team and Agents), and self-hosted Licenses (Business, by monthly subscription; Enterprise, by invoice). Prices and what each plan includes are listed on the Website and in the dashboard at the time you buy. Prices are in United States dollars and exclude taxes.
7.2 Payment
Payments are processed by Stripe (Section 11.2). To buy a paid plan or a subscription License you must provide Stripe with a valid payment method. By doing so you authorize me, through Stripe, to charge all fees as they become due without further notice or consent. Your agreement with your card issuer or payment provider governs your use of that payment method. Keep your billing details current in the Stripe Customer Portal, reachable from the Billing page of the dashboard.
7.3 Price changes
I may change prices and billing methods. Price changes for an existing subscription take effect at the start of the next billing period after I give you at least 30 days' notice by email or in the dashboard.
7.4 Taxes
Fees do not include sales, use, value-added or similar taxes. If I am legally obliged to collect such a tax from you, it will be added to the charge. You are responsible for any taxes you owe on your purchases and for paying fees free of withholding; if withholding is required, you will gross up the payment so that I receive the full fee.
7.5 Automatic renewal
Your paid subscription continues until cancelled. At the end of each monthly period it renews automatically for another month at the then-current price, and Stripe charges your payment method. You can cancel at any time from the Billing page of the dashboard (Stripe Customer Portal) or by emailing kristiyan@spendbrake.dev. Cancellation takes effect at the end of the current paid period; you keep the plan until then, and there is no prorated refund for the remainder. If a renewal payment fails, Stripe will retry; while payment is past due you cannot create new keys, providers or sessions, though existing keys and caps keep enforcing. If Stripe's retries end without payment, the subscription is cancelled and your org drops to the Free plan and its limits.
7.6 Refunds
Except where required by law or stated otherwise in writing, fees are non-refundable. If you are charged in error, contact me and I will put it right.
7.7 Licenses and Enterprise
A Business License renews monthly with its subscription under Section 7.5. An Enterprise License is sold by invoice for the period and org count the invoice states; it is issued when the invoice is paid. Enterprise terms agreed in writing take precedence over this Section 7 where they conflict.
7.8 Free plan and promotions
The Free plan and any trial or promotion are provided at my discretion and may be changed or withdrawn with notice. Usage beyond the Free plan's limits requires a paid plan.
8. Plan Limits, Retention and Changes to the Services
Each plan has limits on keys, providers, agent sessions, requests per month, protected spend and how long usage events are kept. Limits are enforced by the admin API when you create things, never by the proxy while it is enforcing caps. Usage events older than your plan's retention period are deleted automatically. Downgrading reduces your limits and retention from the start of the next period, which may delete older usage events; export what you need before downgrading. I may set reasonable limits on storage, request rates and similar resources to keep the Services working for everyone. I may modify, suspend or discontinue any part of the Services, and will give reasonable notice of discontinuing a paid feature.
9. Ownership and Feedback
9.1 The Services
Except for your data and the open-source software covered by its own licenses, I and my licensors own all rights, title and interest in the Services, including the Website's content and design, the Hosted Service and documentation. You agree not to remove or obscure any proprietary notices.
9.2 Trademarks
“Spend Brake” and the Spend Brake logo may not be used in connection with your or any third-party products or services without permission, except to say truthfully that you use or are compatible with Spend Brake. Google Maps Platform and other provider names are trademarks of their owners.
9.3 Feedback
If you send me ideas, suggestions or feedback about the Services, you do so at your own risk, I have no obligation of confidentiality with respect to them, and you grant me a perpetual, irrevocable, worldwide, royalty-free license to use them for any purpose without obligation to you. Contributions to the open-source repository are governed by its CONTRIBUTING file and DCO sign-off instead.
10. Communications
By using the Services you agree to receive electronic communications from me related to your account and the Services: sign-in links, invitations, the alerts you configure, receipts, security notices and notices of changes to this Agreement. These are operational, not promotional; you can stop them only by changing your alert settings or closing your account. I do not currently send marketing email. If I start, it will be opt-in with an unsubscribe link in every message.
11. Third-Party Services
11.1 Providers and destinations
The Services forward your requests to API providers and send your alerts and telemetry to destinations you configure (Slack, Discord, Microsoft Teams, webhooks, email, OpenTelemetry collectors). Those services are not under my control, I am not responsible for them, and your use of them is governed by their own terms and privacy policies. Links on the Website to third-party sites are provided as a convenience and are not endorsements.
11.2 Payment processor
I use Stripe, Inc. and its affiliates as the payment processor for the Services. By buying anything through the Services you agree to be bound by Stripe's Privacy Policy and its terms, and you consent to Stripe and me sharing the information and payment instructions you provide to the minimum extent required to complete your transactions.
12. Disclaimer of Warranties
12.1 As is
You expressly understand and agree that, to the extent permitted by applicable law, your use of the Services is at your sole risk, and the Services are provided on an “as is” and “as available” basis, with all faults. I expressly disclaim all warranties, representations and conditions of any kind, whether express or implied, including the implied warranties or conditions of merchantability, fitness for a particular purpose and non-infringement arising from use of the Services.
(a) I make no warranty, representation or condition that: (1) the Services will meet your requirements; (2) your use of the Services will be uninterrupted, timely, secure or error-free; (3) the results that may be obtained from use of the Services, including prices, cost estimates, migration estimates, reconciliation results and spend figures, will be accurate or reliable; or (4) your spend with any provider will not exceed a cap you set.
(b) No advice or information, whether oral or written, obtained from me or through the Services will create any warranty not expressly made herein.
(c) From time to time I may offer new “beta” or experimental features or tools. Such features are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at my sole discretion. This Section applies with full force to them.
12.2 No liability for conduct of third parties
You acknowledge and agree that I am not liable, and you agree not to seek to hold me liable, for the conduct of third parties, including API providers, hosting and payment providers, operators of destinations you configure, and other users of the Services, and that the risk of harm from such third parties rests entirely with you.
Where the law of your country gives you consumer rights that cannot be excluded, nothing in this Section limits them.
13. Limitation of Liability
13.1 Disclaimer of certain damages
You understand and agree that, to the fullest extent provided by law, in no event shall I be liable for any loss of profits, revenue or data, indirect, incidental, special, exemplary or consequential damages, or damages or costs due to loss of production or use, business interruption, or procurement of substitute goods or services, in each case whether or not I have been advised of the possibility of such damages, arising out of or in connection with the Agreement or the Services, on any theory of liability. Without limiting the foregoing, I am not liable for charges billed to you by any API provider, including charges that exceed a cap you set, whether due to a mispriced catalog, a provider price change, use of a key outside the proxy, overshoot, fail-open spend, a loop that was not detected, downtime or any other cause.
13.2 Cap on liability
To the fullest extent provided by law, my total liability to you for all claims arising out of or relating to the Agreement or the Services will not exceed the greater of (a) the total amount you paid me for the Services during the three (3) months before the act, omission or occurrence giving rise to the liability, and (b) fifty United States dollars (US$50).
13.3 Exceptions
The exclusions and limitations above do not apply to liability for death or personal injury caused by my negligence, for my fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited under applicable law. Some jurisdictions do not allow the exclusion or limitation of certain damages; if those laws apply to you, some or all of the above may not apply and you may have additional rights.
13.4 Basis of the bargain
The limitations of damages set forth above are fundamental elements of the basis of the bargain between you and me. The Services would not be provided, at these prices or at all, without them. This matters all the more because Spend Brake is run by an individual, not a company.
14. Indemnification
You agree to indemnify and hold me harmless from any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of: (a) the data, requests and traffic you or your agents send through the Services; (b) your use of the Services in violation of the Agreement; (c) your violation of any provider's terms; (d) your violation of any rights of another party; or (e) your violation of any applicable laws or regulations. I reserve the right, at my own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with me in asserting any available defenses. This provision does not require you to indemnify me for my own fraud, gross negligence or willful misconduct. This Section survives termination of your account, the Agreement and your access to the Services.
15. Term and Termination
15.1 Term
The Agreement starts on the earlier of the date you first use the Services or the date you accept it, and remains in force while you use the Services, unless terminated earlier in accordance with the Agreement.
15.2 Termination or suspension by me
I may suspend or terminate your access to all or part of the Services, immediately and without notice, if timely payment cannot be charged, if you materially breach the Agreement, if your use threatens the Services, other users or a provider relationship, or if the law requires it. In other cases I will give you at least 30 days' notice by email before terminating a paid account. I may also stop operating the Hosted Service altogether; if so, I will give at least 60 days' notice and refund any prepaid fees for the period after shutdown. Termination for cause is at my reasonable discretion and I am not liable to you or any third party for it.
15.3 Termination by you
You may stop using the Services at any time. To close your account, cancel any subscription (Section 7.5) and email kristiyan@spendbrake.dev from the owner's address asking me to delete the org.
15.4 Effect of termination
On termination your right to use the Services ends immediately, your Spend Brake keys stop working, and requests through them are refused. I will delete your org's data, including encrypted provider keys and usage events, within a reasonable time after termination, except what I must keep for legal, tax or security reasons and copies in backups until they rotate. Export anything you need before closing your account. Sections that by their nature should survive, including Sections 4.2, 5, 9, 12, 13, 14, 16 and 17, survive termination.
15.5 No subsequent registration
If I terminate your account for breach, you agree not to re-register or access the Services under another name without my consent, and you are not entitled to a refund of fees for the terminated Services.
16. Dispute Resolution and Governing Law
16.1 Talk to me first
If you have a dispute with me, email kristiyan@spendbrake.dev with your name, the email on your account and a description of the problem. I will do the same before starting any proceeding against you. We each agree to try in good faith to resolve the dispute informally for at least 45 days after that notice before starting a court proceeding, except where urgent relief is needed to protect intellectual property or confidential information.
16.2 Governing law
The Agreement and any dispute arising out of or relating to it or the Services are governed by the laws of the Republic of Bulgaria, without regard to its conflict-of-law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
16.3 Venue
Subject to Section 16.1, the courts of Sofia, Bulgaria have exclusive jurisdiction over any dispute arising out of the Agreement or the Services, and each of us submits to their jurisdiction. Either of us may bring an eligible claim in a small-claims court where that is available. If you are a consumer in the European Union or the United Kingdom, nothing in this Section deprives you of the protection of mandatory law of your country of residence or of the right to bring proceedings there.
17. General Provisions
17.1 Electronic communications
Communications between you and me take place electronically, whether you use the Services, email me, or I email you or post notices on the Website or in the dashboard. You consent to receive communications from me in electronic form and agree that all agreements, notices, disclosures and other communications I provide electronically satisfy any legal requirement that they be in writing.
17.2 Assignment
You may not assign or transfer the Agreement or your rights under it without my prior written consent, and any attempt to do so is void. I may assign the Agreement without your consent to a company I form to operate Spend Brake or to a successor that acquires the Services, provided the assignee assumes my obligations; I will notify you of any such assignment.
17.3 Force majeure
I am not liable for any delay or failure to perform resulting from causes outside my reasonable control, including acts of God, pandemics, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, failures of hosting, network, payment or email providers, or shortages of transportation, fuel, energy, labor or materials.
17.4 Notices
Notices to you will be sent to the email address on your account; you are responsible for keeping it current, and a notice sent to the last address you provided is effective even if it is not delivered. Notices to me go to kristiyan@spendbrake.dev or by post to Kristiyan Ivanov, zh.k. Hadzhi Dimitar 16, entrance B, floor 1, apt. 13, Poduyane district, 1510 Sofia, Bulgaria, and are effective when received.
17.5 Export and sanctions
You may not use or export the Services in violation of applicable export control or sanctions laws, and you represent that you are not located in a country or on a list that would prohibit me from providing the Services to you.
17.6 Waiver and severability
Any waiver or failure to enforce any provision of the Agreement on one occasion is not a waiver of any other provision or of that provision on another occasion. If any portion of the Agreement is held invalid or unenforceable, it will be construed to reflect the original intention as nearly as possible, and the rest remains in full force and effect.
17.7 Questions and complaints
If you have questions, complaints or claims about the Services, email kristiyan@spendbrake.dev. I will do my best to address them.
17.8 Entire agreement
The Agreement, including the Privacy Policy and any written Enterprise terms, is the final, complete and exclusive agreement between you and me with respect to its subject matter and supersedes all prior discussions between us about it.