Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") govern your access to and use of the CostHawk platform, website, APIs, and related services (collectively, the "Service") operated by Outperform Ventures LLC dba TrainMyAgent ("Company," "we," "us," or "our"), a Texas limited liability company.

By creating an account or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

2. Description of Service

CostHawk provides AI API cost monitoring, analytics, and optimization tools. The Service allows you to:

• Connect provider admin API keys to sync usage and cost data
• Generate wrapped proxy keys to route API calls through CostHawk
• Install an MCP server to collect local telemetry from coding tools
• View dashboards, set budgets, receive alerts, and export data

3. Accounts

You must provide accurate information when creating an account. You are responsible for maintaining the security of your account credentials and for all activity that occurs under your account. Notify us immediately at help@costhawk.ai if you suspect unauthorized access.

4. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose
• Attempt to gain unauthorized access to the Service or its systems
• Interfere with or disrupt the integrity or performance of the Service
• Reverse-engineer, decompile, or disassemble any part of the Service
• Use the Service to transmit malicious code or conduct denial-of-service attacks
• Resell, sublicense, or redistribute the Service without written consent

5. API Keys and Credentials

When you provide third-party API keys (e.g., OpenAI, Anthropic), those keys are encrypted at rest using AES-256-GCM. We use your keys solely to retrieve usage and billing data from the respective providers on your behalf. You are responsible for ensuring you have the right to use and share those keys with our Service.

Wrapped proxy keys route your API requests through our infrastructure. While request payloads transit our servers in memory, we do not store, log, or inspect prompt or response content.

6. Data and Privacy

Our collection and use of personal data is described in our Privacy Policy, which is incorporated into these Terms by reference.

7. Intellectual Property

The Service, including its design, code, logos, and documentation, is owned by Outperform Ventures LLC and protected by applicable intellectual property laws. These Terms do not grant you any right, title, or interest in the Service except the limited right to use it in accordance with these Terms.

You retain all rights to your data. By using the Service, you grant us a limited license to process your data solely to provide the Service.

8. Availability and Support

We strive to maintain high availability but do not guarantee uninterrupted access. The Service is provided on an "as is" and "as available" basis. We may perform maintenance, updates, or modifications at any time.

9. Pricing and Payment

CostHawk is currently offered at no charge. We reserve the right to introduce paid plans or modify pricing in the future. If we do, we will provide reasonable advance notice before any charges apply to your account.

10. Limitation of Liability

To the maximum extent permitted by law, Outperform Ventures LLC and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, data, or goodwill, arising out of or in connection with your use of the Service.

Our total aggregate liability for any claims arising under these Terms shall not exceed the amount you paid us in the twelve (12) months preceding the claim, or fifty dollars ($50), whichever is greater.

11. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

12. Indemnification

You agree to indemnify, defend, and hold harmless Outperform Ventures LLC and its affiliates from any claims, damages, losses, or expenses (including reasonable attorneys’ fees) arising from your use of the Service or violation of these Terms.

13. Termination

Either party may terminate these Terms at any time. You may close your account by contacting us at help@costhawk.ai. We may suspend or terminate your access if you violate these Terms or if required by law.

Upon termination, your right to use the Service ceases immediately. We will delete your data in accordance with our Privacy Policy.

14. Governing Law

These Terms are governed by the laws of the State of Texas, without regard to conflict of law principles. Any disputes arising under these Terms shall be resolved in the state or federal courts located in Texas.

15. Changes to Terms

We may update these Terms from time to time. If we make material changes, we will notify you by email or through the Service at least thirty (30) days before they take effect. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms.

16. Contact

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

Outperform Ventures LLC dba TrainMyAgent
Email: help@costhawk.ai