Terms of Service

1. Agreement to Terms

1.1 Acceptance of Terms

By accessing or using CostFunction (the "Service"), a software-as-a-service platform operated by Funky Pug, LLC, a Wyoming limited liability company ("Company," "we," "us," or "our"), you ("User," "you," or "your") agree to be bound by these Terms of Service ("Terms"). If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE THE SERVICE. YOUR CONTINUED USE OF THE SERVICE CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS AND ANY UPDATES OR MODIFICATIONS THERETO.

1.2 Eligibility

By using the Service, you represent and warrant that:

• You are at least eighteen (18) years of age, or the age of legal majority in your jurisdiction, whichever is greater;
• You have the legal capacity to enter into a binding agreement;
• You are not prohibited from using the Service under any applicable law;
• If you are using the Service on behalf of an organization, you have the authority to bind that organization to these Terms and you agree to these Terms on the organization's behalf.

If you do not meet these eligibility requirements, you must not access or use the Service. We reserve the right to refuse service, terminate accounts, or cancel orders at our discretion if we believe a user does not meet these requirements.

2. Description of Service

2.1 Core Functionality

CostFunction is a SaaS platform that provides users with tools to analyze, test, and track the costs associated with using third-party Large Language Model (LLM) services. Our Service calculates token counts from LLM interactions and estimates associated costs based on publicly available pricing information from LLM providers.

2.2 Cost Calculation Methodology

Our cost calculations are provided on a "best efforts" basis. We retrieve and update publicly available pricing information from third-party LLM providers approximately every forty-eight (48) hours. You acknowledge and agree that:

• Pricing information may not reflect real-time rates or promotional pricing;
• Token counting methodologies may vary between providers and our estimates may differ from actual provider calculations;
• Cost estimates are for informational purposes only and should not be relied upon for precise billing reconciliation;
• We are not responsible for any discrepancies between our cost estimates and actual charges from LLM providers.

2.3 Bring Your Own Key (BYOK) Service

CostFunction offers a BYOK feature that allows you to store your third-party LLM API keys within our platform. By using this feature, you acknowledge and agree to the following:

• Your API keys are stored in our database using AES-256 encryption;
• All data transmission to and from our Service is protected using HTTPS/TLS encryption;
• Our infrastructure is hosted on Vercel, a third-party cloud platform;
• Despite our security measures, no method of electronic storage or transmission is 100% secure, and we cannot guarantee absolute security of your stored credentials;
• YOU ARE STRONGLY ADVISED TO USE API KEYS THAT ARE UNIQUE TO THIS SERVICE AND NOT YOUR PRODUCTION API KEYS. We recommend creating dedicated API keys with appropriate rate limits and spending caps specifically for use with CostFunction;
• You are solely responsible for managing, rotating, and revoking your API keys;
• We are not liable for any unauthorized access, charges, or damages resulting from the use or misuse of your stored API keys.

2.4 Beta Features and Services

From time to time, we may offer certain features, services, or functionality designated as "beta," "preview," "early access," or similar terminology ("Beta Features"). By using any Beta Features, you acknowledge and agree that:

• Beta Features are provided for testing and evaluation purposes only and may not be feature-complete or fully stable;
• Beta Features may contain bugs, errors, or other issues that could cause system failures, data corruption, or data loss;
• We may modify, suspend, or discontinue any Beta Features at any time without notice and without liability;
• Data entered into or processed by Beta Features may be deleted or become inaccessible at any time;
• Beta Features are provided "AS IS" without any warranty of any kind, and all implied warranties are expressly disclaimed;
• Our support obligations, service level commitments, and indemnification obligations (if any) do not apply to Beta Features;
• You should not rely on Beta Features for production workloads or mission-critical applications.

We encourage you to provide feedback on Beta Features, but participation is entirely voluntary and at your own risk.

3. Account Registration and Security

3.1 Account Creation

To access certain features of the Service, you must create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to protect your account credentials.

3.3 Authorized Users and Account Sharing

Unless your subscription plan explicitly permits multiple users, each account is licensed for use by a single individual only. You agree that:

• Account credentials are personal to you and may not be shared with, or used by, any other person;
• You may not allow multiple individuals to use your account, whether simultaneously or at different times;
• If your organization requires multiple users, you must purchase additional seats or an appropriate multi-user plan;
• We reserve the right to monitor for account sharing and may suspend or terminate accounts that we reasonably believe are being shared in violation of these Terms;
• You are responsible for all activity that occurs under your account, whether or not you authorized such activity.

If you become aware of any unauthorized use of your account credentials, you must notify us immediately.

3.4 API Key Security Best Practices

When using the BYOK feature, we strongly recommend the following security practices:

• Create API keys specifically for use with CostFunction with limited permissions;
• Set appropriate rate limits and spending caps on your API keys;
• Regularly rotate your API keys;
• Monitor your API key usage through your LLM provider's dashboard;
• Immediately revoke and replace any keys you believe may have been compromised;
• Never use the same API keys for CostFunction that you use in production environments.

4. User Responsibilities and Acceptable Use

4.1 Lawful Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You are responsible for ensuring that your use of the Service complies with all applicable local, state, national, and international laws and regulations.

4.2 Prohibited Activities

You agree not to:

• Use the Service to violate any applicable law or regulation;
• Attempt to gain unauthorized access to any portion of the Service or any systems or networks connected to the Service;
• Use the Service to transmit any malware, viruses, or other malicious code;
• Interfere with or disrupt the integrity or performance of the Service;
• Attempt to reverse engineer, decompile, or disassemble any portion of the Service;
• Use the Service to infringe upon the intellectual property rights of others;
• Resell, sublicense, or redistribute the Service without our prior written consent;
• Use automated means to access the Service in a manner that exceeds reasonable request volumes;
• Store API keys belonging to third parties without their explicit authorization;
• Use the Service to circumvent usage limits, billing, or security measures of third-party LLM providers.

5. Third-Party Services and Integrations

5.1 Third-Party LLM Providers

The Service integrates with various third-party LLM providers. Your use of these third-party services through CostFunction is subject to the respective terms of service and privacy policies of each provider. We do not control and are not responsible for the actions, content, or practices of any third-party LLM providers.

5.2 Infrastructure Providers

Our Service is hosted on Vercel and may utilize other third-party infrastructure and service providers. While we select our providers carefully, we are not responsible for any service interruptions, data breaches, or other issues arising from our third-party infrastructure providers.

5.3 No Endorsement

The availability of any third-party LLM integration does not constitute an endorsement, guarantee, or recommendation of that provider by Funky Pug, LLC.

6. Data Handling and Privacy

6.1 Data We Collect

In connection with providing the Service, we may collect and process the following types of data:

• Account information (email address, name, password hash);
• API keys you provide for the BYOK feature (stored with AES-256 encryption);
• Usage data, including token counts, cost calculations, and Service interaction logs;
• Technical data such as IP addresses, browser type, and device information.

6.2 Data Security

We implement industry-standard security measures to protect your data, including:

• AES-256 encryption for stored API keys;
• HTTPS/TLS encryption for all data in transit;
• Secure hosting infrastructure through Vercel;
• Regular security assessments and updates.

However, no method of transmission over the Internet or method of electronic storage is completely secure. While we strive to use commercially acceptable means to protect your data, we cannot guarantee its absolute security.

6.3 Data Retention

We retain your data for as long as your account is active or as needed to provide you the Service. Upon account termination, we will delete or anonymize your data within a reasonable timeframe, except where retention is required by law or for legitimate business purposes.

6.4 LLM Interaction Data

When you use the BYOK feature, your prompts and responses pass through our Service to reach the third-party LLM providers. We may log metadata about these interactions (such as token counts and timestamps) for cost calculation purposes. We do not store the content of your prompts or LLM responses unless explicitly stated otherwise for specific features.

7. Intellectual Property

7.1 Our Intellectual Property

The Service, including its original content, features, functionality, and underlying technology, is and will remain the exclusive property of Funky Pug, LLC. The Service is protected by copyright, trademark, and other laws of the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

7.2 Your Content

You retain all rights to any content, data, or materials you submit to or through the Service. By submitting content to the Service, you grant us a limited, non-exclusive, royalty-free license to use, store, and process such content solely for the purpose of providing and improving the Service.

7.3 Feedback

If you provide us with any feedback, suggestions, or ideas regarding the Service, you grant us the right to use such feedback without restriction or compensation to you.

8. Copyright Infringement and DMCA

8.1 Respect for Intellectual Property

Funky Pug, LLC respects the intellectual property rights of others and expects users of the Service to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us.

8.2 DMCA Notice Procedure

If you believe that your copyrighted work has been copied or used in a way that constitutes copyright infringement and is accessible through our Service, please notify our designated copyright agent with a notice containing the following information:

• A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
• Identification of the copyrighted work claimed to have been infringed;
• Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material;
• Your contact information, including your address, telephone number, and email address;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
• A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

8.3 Designated Copyright Agent

Our designated agent for notice of alleged copyright infringement can be reached at:

Funky Pug, LLC
Attn: DMCA Copyright Agent
Contact Us

8.4 Counter-Notice

If you believe that your content was removed or disabled by mistake or misidentification, you may submit a counter-notice containing the information required under the DMCA. Please consult with legal counsel before submitting a counter-notice.

8.5 Repeat Infringers

In accordance with the DMCA and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, users who are deemed to be repeat infringers.

9. Publicity and Marketing

9.1 Limited Publicity Rights

Subject to the terms of this Section, you grant Funky Pug, LLC a limited, non-exclusive, royalty-free license to use your name, trade name, trademarks, service marks, and logo (collectively, "Marks") in our customer lists, marketing materials, website, case studies, and other promotional materials to identify you as a customer of the Service.

9.2 Restrictions

Our use of your Marks under this Section shall:

• Comply with any trademark usage guidelines you provide to us in writing;
• Not imply any endorsement by you of our Service beyond your status as a customer;
• Not include any confidential information about your use of the Service without your prior written consent.

9.3 Opt-Out

You may revoke this publicity license at any time by providing written notice to us via our contact page. Upon receipt of such notice, we will remove your Marks from our promotional materials within thirty (30) days, except that we are not required to recall or destroy any materials already printed or distributed prior to receiving your notice.

9.4 Case Studies and Detailed References

Notwithstanding Section 9.1, we will obtain your prior written approval before publishing any case study, detailed testimonial, or promotional content that goes beyond simply listing your name or displaying your logo.

10. Fees and Payment

10.1 Subscription Fees

Access to certain features of the Service may require payment of subscription fees. Current pricing is available on our website. All fees are quoted in U.S. dollars unless otherwise specified.

10.2 Payment Terms

Fees are billed in advance on a monthly or annual basis, depending on your selected plan. You authorize us to charge your designated payment method for all applicable fees. Failure to pay may result in suspension or termination of your access to the Service.

10.3 Refunds

All fees are non-refundable except as expressly set forth in these Terms or as required by applicable law. If you believe you have been incorrectly charged, you must contact us within thirty (30) days of the charge.

10.4 Price Changes

We reserve the right to modify our pricing at any time. We will provide you with at least thirty (30) days' advance notice of any price increases. Your continued use of the Service after a price change takes effect constitutes your agreement to pay the modified fee.

10.5 Taxes

You are responsible for all applicable taxes associated with your use of the Service. If we are required to collect or pay taxes on your behalf, such taxes will be charged to you.

11. Service Availability and Modifications

11.1 Service Availability

We strive to maintain high availability of the Service but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to scheduled maintenance, updates, or circumstances beyond our control.

11.2 Modifications to Service

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

11.3 Third-Party Provider Changes

Because our Service depends on third-party LLM providers, changes to their pricing, APIs, or availability may affect our Service. We will make reasonable efforts to update our Service to accommodate such changes but cannot guarantee uninterrupted compatibility.

12. Disclaimers

13. Limitation of Liability

14. Indemnification

You agree to indemnify, defend, and hold harmless Funky Pug, LLC and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use of the Service;
• Your violation of these Terms;
• Your violation of any applicable law or regulation;
• Your violation of any rights of a third party, including intellectual property rights;
• Any unauthorized use of your API keys stored in the Service;
• Any content or data you submit to the Service.

15. Termination

15.1 Termination by You

You may terminate your account at any time by following the account cancellation procedures in the Service or by contacting us. Upon termination, your right to use the Service will immediately cease.

15.2 Termination by Us

We may suspend or terminate your access to the Service immediately, without prior notice or liability, for any reason, including but not limited to:

• Breach of these Terms;
• Non-payment of fees;
• Conduct that we determine, in our sole discretion, is harmful to other users, third parties, or our business;
• Requests by law enforcement or other government agencies;
• Discontinuation or material modification of the Service.

15.3 Effect of Termination

Upon termination:

• All rights granted to you under these Terms will immediately cease;
• You must cease all use of the Service;
• We will delete your stored API keys and other account data within a reasonable timeframe, except where retention is required by law;
• Sections 7, 8, 12, 13, 14, 16, 17, and 18 shall survive termination.

16. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Wyoming, United States, without regard to its conflict of law provisions. You agree that any legal action or proceeding arising out of or relating to these Terms or the Service shall be brought exclusively in the state or federal courts located in Wyoming, and you hereby consent to the personal jurisdiction and venue of such courts.

17. Dispute Resolution

17.1 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first contact us and attempt to resolve any dispute informally. Most concerns can be quickly resolved this way.

17.2 Binding Arbitration

If we cannot resolve a dispute informally, you and Funky Pug, LLC agree to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Service through binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules. The arbitration shall take place in Wyoming or, at your option, via telephone, video conference, or other remote means. The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court having jurisdiction.

17.3 Class Action Waiver

YOU AND FUNKY PUG, LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Unless both you and we agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

17.4 Exceptions

Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's intellectual property rights.

18. General Provisions

18.1 Entire Agreement

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and Funky Pug, LLC regarding the Service and supersede all prior agreements and understandings.

18.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the parties' original intent.

18.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of Funky Pug, LLC.

18.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign or transfer these Terms without restriction. Subject to the foregoing, these Terms shall bind and inure to the benefit of the parties' successors and assigns.

18.5 Notices

We may provide notices to you via email, posting on the Service, or other reasonable means. You may provide notices to us at the contact information provided below. Notices shall be deemed given upon receipt.

18.6 Force Majeure

Neither party shall be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

18.7 Independent Contractors

The relationship between you and Funky Pug, LLC is that of independent contractors. Nothing in these Terms shall be construed to create a partnership, joint venture, employment, or agency relationship.

18.8 Export Compliance

You agree to comply with all applicable export and re-export control laws and regulations, including the Export Administration Regulations maintained by the U.S. Department of Commerce and sanctions programs maintained by the U.S. Treasury Department's Office of Foreign Assets Control.

18.9 Headings

The section headings in these Terms are for convenience only and have no legal or contractual effect.

19. Changes to Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by email or by posting a notice on the Service at least thirty (30) days before the changes take effect. Your continued use of the Service after the effective date of any changes constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Service and terminate your account.

20. Contact Information

If you have any questions about these Terms, please contact us at:

Funky Pug, LLC
A Wyoming Limited Liability Company
Website: costfunction.cc
Contact Us