Terms of service

These terms are between you ("you") and RG Consulting Pty Ltdtrading as "Fulcrum Code" ("we", "us"), an Australian-registered company (ABN to be confirmed).

We provide a hosted coding-agent service comprising:

• The fulcrum command-line tool, distributed as a binary download from this site.
• Server-side billing, session management, and shared API key provisioning at fulcrumcode.app.
• Routed inference through scx.ai under your subscription's monthly token cap.

• Currency: all prices are quoted in Australian Dollars (AUD), GST-inclusive. Stripe Tax handles GST collection and remittance.
• Plans: Starter, Pro, and Team — current pricing is on the home page and may be updated from time to time. Existing subscribers are given at least 30 days' notice of any price change.
• Billing cycle: month-to-month. The first invoice is charged at sign-up; subsequent invoices each calendar month thereafter.
• Cancellation:you may cancel at any time through Stripe's billing portal (linked from your account page). Your subscription remains active until the end of the current billing period; we don't pro-rata refund unused time.
• Top-up packs: one-shot token bundles. Tokens from a top-up pack burn after your monthly subscription tokens run out, and never expire while your subscription is active. Top-up packs are non-refundable once delivered.
• Failed payment: if a recurring charge fails, Stripe will retry per its standard retry schedule. After three failures we may suspend your access; we will email you before doing so.

Each subscription tier has a monthly cap on the total tokens (input + output) you may consume across all your CLI sessions. The current caps for Starter / Pro / Team are published on the home page. We enforce caps server-side; once you've consumed your cap, additional requests will fail until you either buy a top-up or your next billing cycle resets the counter.

Token counts are derived from scx.ai's response metadata — the same numbers we're billed for upstream. We don't add a margin or rounding factor.

You agree NOT to use the service to:

• Generate content that violates Australian law (including but not limited to: child sexual abuse material; incitement to violence; unauthorised access to computer systems; defamatory material).
• Attempt to bypass token caps, share API keys with other parties, or misrepresent your identity.
• Use the service to compete directly with us by re-selling access to scx.ai inference under another brand.
• Reverse-engineer the closed-source portions of the service or the bundled binary.

We may suspend or terminate accounts that we reasonably believe breach this section, with notice where practical.

• Your code stays yours. Nothing in these terms transfers ownership of your code or the output the agent produces while operating on it. Source files never reach our servers — they go directly from your machine to scx.ai.
• Fulcrum trademarks and code remain ours. The Fulcrum name, the triangular logo, and the closed-source parts of the binary are not transferred to you by virtue of your subscription.
• Open-source componentsretain their original licences and are listed in the project's LICENSE files on GitHub.

Our handling of personal information is governed by our privacy notice, which forms part of these terms by reference.

We aim for high availability but don't commit to a contractual SLA at this stage. Planned maintenance windows are communicated by email. Unplanned outages are reported on our status surface (email notification for paid tiers).

Subject to §10 below, our total liability arising from or in connection with these terms is limited to the fees you paid us in the twelve months immediately preceding the claim.

We're not liable for indirect, consequential, or loss-of-profits damages, except to the extent that excluding such liability is prohibited by Australian law.

Nothing in these terms excludes, restricts, or modifies any consumer guarantee, right, or remedy that you have under the Australian Consumer Law (ACL — Schedule 2 of the Competition and Consumer Act 2010) or any equivalent state or territory legislation that cannot lawfully be excluded.

Where the ACL applies and a guarantee is breached, your remedies are those provided under the ACL (which may include a refund, repair, or replacement) and our liability is limited only to the extent that a supplier may lawfully limit liability for breach of a non-major-failure consumer guarantee under section 64A of the ACL.

• By you: cancel through Stripe's billing portal at any time.
• By us: with 30 days' notice for any reason, or immediately for a material breach of §5 (acceptable use).
• On termination: any unused subscription tokens for the current billing period are forfeited. Outstanding invoices remain payable.

These terms are governed by the laws of New South Wales, Australia. The parties submit to the non-exclusive jurisdiction of the courts of New South Wales.

We may update these terms from time to time. Material changes will be communicated by email at least 30 days before they take effect. Continued use of the service after the effective date constitutes acceptance.