@bivelio/savings-layer 0.4.22 → 0.4.25

package/LICENSE

@@ -9,11 +9,12 @@ copying, or using the Software, you agree to this Agreement. If you do not agree
 not install or use the Software.
 
 1. LICENSE GRANT. Subject to your continuous compliance with this Agreement and to
-   an active, paid BiVelio subscription with a valid license key ("License Key"),
-   BiVelio grants you a limited, non-exclusive, non-transferable, non-sublicensable,
-   revocable license to install and use the Software, as published, solely for your
-   own internal business purposes, and only for the number of seats covered by your
-   subscription. The Software is licensed, not sold.
+   an active BiVelio subscription (paid, or granted by BiVelio at no charge, for
+   example through a promotional code or a pilot) with a valid license key
+   ("License Key"), BiVelio grants you a limited, non-exclusive, non-transferable,
+   non-sublicensable, revocable license to install and use the Software, as
+   published, solely for your own internal business purposes, and only for the
+   number of seats covered by your subscription. The Software is licensed, not sold.
 
 2. LICENSE KEY; FAIL-CLOSED OPERATION. The Software requires a valid, active License
    Key and does not operate without one. Expiry, non-payment, revocation, suspension,
@@ -25,13 +26,13 @@ not install or use the Software.
 3. RESTRICTIONS. Except as expressly permitted above, you will not: (a) distribute,
    publish, resell, rent, lease, lend, offer as a hosted or managed service, or
    otherwise make the Software available to any third party; (b) sublicense, assign,
-   or transfer your rights; (c) use the Software for more seats than you have paid
-   for, or share a License Key across more machines or service identities than your
-   subscription covers; (d) remove, alter, or obscure any proprietary or copyright
-   notice; (e) reverse engineer, decompile, or disassemble the Software, except to
-   the limited extent applicable law expressly permits notwithstanding this
-   restriction; or (f) use the Software to develop, train, or improve a product or
-   service that competes with the Software.
+   or transfer your rights; (c) use the Software for more seats than your
+   subscription covers, or share a License Key across more machines or service
+   identities than it covers; (d) remove, alter, or obscure any proprietary or
+   copyright notice; (e) reverse engineer, decompile, or disassemble the Software,
+   except to the limited extent applicable law expressly permits notwithstanding
+   this restriction; or (f) use the Software to develop, train, or improve a product
+   or service that competes with the Software.
 
 4. OWNERSHIP. The Software is the exclusive property of BiVelio and its licensors and
    embodies valuable proprietary information and trade secrets. BiVelio retains all
@@ -39,27 +40,110 @@ not install or use the Software.
    rights therein. No rights are granted to you except as expressly set out in this
    Agreement, whether by implication, estoppel, or otherwise.
 
-5. YOUR DATA; PRIVACY. Your prompts, completions, and content are processed within
-   your own infrastructure and are not transmitted to BiVelio in order to serve a
-   request. BiVelio's control plane receives only usage counts and cost metadata, as
-   described in the BiVelio documentation and privacy terms.
+5. YOUR DATA; PRIVACY.
+   (a) What the Software never sends to BiVelio. The Software never transmits to
+   BiVelio the content of your requests or responses (including prompts, system
+   instructions, messages, tool definitions, tool arguments and results, retrieved
+   documents, and completions) or the credentials you use with your LLM provider
+   (API keys, OAuth tokens, or other authorization headers). That content and those
+   credentials travel only between your systems and the LLM provider you configure.
+   (b) What the Software sends to BiVelio. The SDK contacts BiVelio only when you
+   configure a license server or metering URL; the local gateway always does. With a
+   BiVelio service-account key, the Software sends BiVelio's control plane usage
+   records for the requests it meters, each limited to:
+     (i) identifiers: a request identifier generated on your side (at random, or by
+         your own generator); for a repeated request valued by reference, the
+         identifier and timestamp of the earlier request whose provider counter is
+         used; a seat identifier, which is either a value you set or an opaque value
+         computed on your machine as a keyed hash (HMAC-SHA-256 wherever the
+         runtime provides it), keyed with your service-account key, of the
+         platform, CPU architecture, runtime executable path, host name,
+         operating-system user name, and home directory (those underlying values
+         are never sent); for traffic through the local gateway,
+         the session and sub-agent identifiers that your coding agent attaches to
+         its own requests (for example, Claude Code's session id), only when they
+         are plain identifiers; an organization hint; and a flag marking CI or
+         ephemeral runners;
+     (ii) the identifier of the model that served the request (the model named in
+         the request or, where the Software sent the request to another model under
+         a setting you enabled, that model; for a self-hosted or Azure deployment,
+         the name you gave it) and the time of the request;
+     (iii) counts: LLM calls executed and avoided; input and output tokens before
+         and after the Software's optimizations, including tokens removed,
+         compressed, or read from the provider's cache; and the cache outcome; and
+     (iv) cost figures computed by the Software from its price catalogue (or from
+         a cost model you supply): baseline cost, actual cost, the net-saving
+         ratio, the basis of the figures (measured, reference, estimated, shadow,
+         or unmeasured), and the value, at the provider's cache-read price, of
+         input tokens your provider reported as cleared from context.
+   Each batch of records also carries the Software's surface and version (for
+   example, "gateway/0.4.23"). BiVelio's ingest rejects any record that carries a
+   field not listed above. Separately, the Software fetches from BiVelio its current
+   license token, the signed license revocation list and, for the gateway, your
+   organization's feature entitlements; these requests carry your service-account
+   key where authentication is required, and no request data. Like any HTTPS
+   request, all of the above also reveals ordinary network metadata, such as your
+   IP address. If you enable the SDK's optional verification, which is off by
+   default, the SDK also sends BiVelio, through a separate channel and for each
+   request it samples: a label marking the record as a verification sample; the
+   request identifier and time; the model requested and the model that served it;
+   the cache outcome; the category of the request and the outcome of the check;
+   the input, cached-input, and output token counts and the cost of the served
+   request and of the unoptimized copy the SDK sent to your LLM provider; how
+   that copy finished and whether it met the response contract; and the per-token
+   prices applied; together with daily counts of requests per category and a
+   random batch identifier. That channel likewise rejects any field not listed
+   here, and none of it is used to calculate the fees in Section 6.
+   (c) BiVelio uses this data to operate licensing and revocation, show your
+   dashboard, count billable seats, and calculate the fees in Section 6. Each
+   field, and how long BiVelio keeps it, is further described at
+   https://savings.bivelio.com/privacy.
 
-6. TERM AND TERMINATION. This Agreement remains in effect while your subscription is
+6. FEES. Your subscription is subject to BiVelio's pricing as published at
+   https://savings.bivelio.com/pricing (the "Published Pricing") for each billing
+   period:
+   (a) a subscription fee per seat, payable whether or not the Software produces any
+   saving; and (b) a commission, at tiered marginal rates, charged only on measured
+   savings, meaning savings whose basis is labelled "measured" or "reference" in
+   your usage records (Section 5(b)(iv)). A "measured" saving is established from
+   your LLM provider's own usage counter for that request; a "reference" saving, for
+   a repeated request the Software served without calling your provider, from your
+   provider's counter for the identical earlier request that did run. Both are
+   valued at the per-token prices the Software applied to that request: those of a
+   cost model you configure, where you configure one, and otherwise your provider's
+   list prices in the price catalogue included in the Software. Savings labelled
+   "estimated", "shadow", or "unmeasured" never carry commission. Traffic the
+   Software identifies as a flat-rate provider subscription (a Claude or ChatGPT
+   subscription used through the local gateway) is metered but credited no measured
+   saving, so it carries no commission. A period with no measured savings carries no
+   commission. The first calendar month (UTC) in which your organization reports any
+   usage is a calibration period, however little of that month remains, and carries
+   no commission. Nor is commission charged for a period that BiVelio closes while
+   your account is exempt from it. Your account is exempt if BiVelio grants it an
+   exemption and, until a payment is made on the account, if its subscription was
+   activated with a promotional code that waives the subscription fee in full for
+   its entire term. For a calibration or exempt period the statement still shows the
+   commission that would have applied. Each period's commission is
+   itemized on a statement in your dashboard, together with the exchange rate
+   applied. Rates, tier thresholds, and currency are those of the Published Pricing
+   and are not restated here.
+
+7. TERM AND TERMINATION. This Agreement remains in effect while your subscription is
    active. BiVelio may terminate this Agreement immediately if you breach it. Upon
    expiry or termination you must cease all use of the Software and destroy your
-   copies. Sections 2 through 9 survive termination.
+   copies. Sections 2 through 10 survive termination.
 
-7. DISCLAIMER OF WARRANTY. THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY
+8. DISCLAIMER OF WARRANTY. THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY
    KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF
    MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
 
-8. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL
+9. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL
    BIVELIO INC. BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR
    EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, OR DATA, ARISING FROM OR
    RELATED TO THE SOFTWARE OR THIS AGREEMENT. BIVELIO'S TOTAL LIABILITY SHALL NOT
    EXCEED THE FEES YOU PAID FOR THE SOFTWARE IN THE TWELVE MONTHS PRECEDING THE CLAIM.
 
-9. GENERAL. This Agreement is governed by the laws of the State of Delaware, USA,
+10. GENERAL. This Agreement is governed by the laws of the State of Delaware, USA,
    without regard to its conflict-of-laws rules. If any provision is held
    unenforceable, the remaining provisions remain in effect. This Agreement, together
    with the applicable BiVelio subscription terms, constitutes the entire agreement