HHarmonyk
DRAFT — under review by a lawyer

This is a draft policy, published for transparency while it is under professional review. It is not legal advice, and it may change before it is final. The text below is the working draft as written — open questions and all.

Last updated 2026-10-23 · draft prepared 2026-10-20.

Harmonyk — Fair-Use Policy (DRAFT)

DRAFT — LLM-GENERATED PRELIM — NOT LEGAL ADVICE — NOT FOR PUBLICATION UNTIL REVIEWED BY A QUALIFIED LAWYER. Prepared 2026-10-20 by LegalDraftWing. Companion to the Terms of Service (the ToS incorporates this policy — [LAWYER: incorporation mechanics]). Ceiling numbers marked [NUMBERS PENDING] await the CreditsWing/revenue design pass; the ceiling shape below is drafted so a numbers change never re-opens this document.

Source key: [ECON …] = docs/2026-10-20-pricing-economics.md (the economic receipt, per PricingWing's 2026-10-20 handoff) · [QS …] = docs/2026-10-19-saas-spec-question-sheet.md · [LEDGER …] = tickets/LEDGER.md. Founder rulings relayed by PricingWing are marked [her words].


1 · The promise: "Uncapped" has a precise meaning

Our top tier is Uncapped. It means: no monthly quota on the things that matter — no document-create cap, no message cap that walls you mid-flow. It does not mean "unlimited", and the word "unlimited" never appears in our copy (QS Q13 wording law — "unlimited" promises unlimited, including the 41-agent MCP swarm pointed at a workspace; printing it signs a contract we cannot honor).

This policy is the other half of "Uncapped": the ceilings where fair use ends. It exists because the founder wants it to — her ruling, 2026-10-19 night [her words, via PricingWing]: the fair-use clause is "perfect chefs kiss … without some cover someone could drain the company LMAO xP". Real cover, written in the open.

Why any ceiling exists (the honest math, from ECON §6.1): a sustained automation-heavy workspace running at the Pro envelope costs $72–145/month in LLM alone against $90 of revenue (with the cost-routing dial on), and at full stress profiles up to $288.60 against $90. The ladder is priced on realistic usage (40–50% of allowance, ECON §2.6); the fair-use clause is what covers the tail. We would rather print this math than hide a surprise throttle.

2 · The ceiling shape (numbers where they're decided, shape everywhere else)

One unit, defined in the open: a Maestro message is a message (ECON §5.2, QS Q2). No credit packs, no mixed units.

#CeilingShapeNumberBasis
1Messages (top tier)No monthly quota; abusive automation may be throttledSoft anchor 10,000 msgs/mo per workspace — [NUMBERS PENDING] (her new monthly shape 50/100/250/uncapped may re-scale it; drafted as shape, not printed number, per PricingWing)ECON §5.3 — stress cost at the envelope $72–145/mo vs $90 revenue
2Review trigger (THE named trigger)A human conversation — never a silent wallWorkspace blended model-cost run-rate > ~$60/mo for 2 consecutive months → we reach out [NUMBERS PENDING]ECON §5.3 guardrail; enforcement lever = existing custom_limits/expires_at machinery (lib/billing/entitlements.ts) — no new law needed
3Burst ratePer-organisation rate ceiling~10 messages/min burst [NUMBERS PENDING]QS Q18 abuse register rec
4Playbook runsRuns metered once each (one-meter doctrine); step ceiling per run≤25 steps per run (QS Q8); run envelopes [NUMBERS PENDING] (ECON priced 50/500/2,000 by tier)QS Q8 + PricingWing handoff
5Documents (paid tiers)Uncapped for normal workspace use; bulk automated ingestion beyond X files/day may be throttled [NUMBERS PENDING]Unit cost is tiny ($0.00048/doc embedding + ~32KB storage) but unbounded in aggregate — the abuse case is a 20k-file auto-syncECON §2.4 + PricingWing handoff
6Free tier documents250 documents — lifetime ("ever"), not per month. Deletion does not restore it250 [FOUNDER CONFIRM — chronology note (PricingWing 2026-10-20): the 250-ever draft (2026-10-19 night) is the NEWER word and supersedes the OLDER 250/month anchor (2026-10-19 ~11:09Z) provisionally — "the newer word wins unless the walk-through reverts it"; it arrived as "I was thinking…", not a final ruling; pending her tier walk-through + CreditsWing coherence pass. Both receipts cited; correction points backward]her 2026-10-19-night draft shape via PricingWing; T024 mechanic (deletion never decrements) now permanent
7Free connector limits (product-side companion)Visible meters, never hidden gatesImports ≤10/day · airlift manifest ≤25 files/run · mailbox body reads ≤20/day · trigger runs 0 on freeLEDGER CONNECTORS-PREP addendum #3 ("we don't even need to hide them") + ECON brutal-free design

3 · The response story (what happens if you reach a ceiling)

This is the load-bearing section. The ladder below is what we commit to — you will never be billed more than your plan price without choosing it first:

  1. Visible meters first. The power-meter doctrine: "power meter, not meter taxi" — quotas are shown everywhere (settings, dashboard, inline "N left"), never hidden (ECON §5.2, QS Q12).
  2. Gentle guidance. Nudges toward the cost-routing dial (Quick/Deep), usage tips, and per-feature soft walls before anything global (ECON §5.3).
  3. The named review trigger (ceiling #2). Sustained usage above the fair-use envelope gets a human conversation — a person contacts the workspace owner to understand the use case and agree a shape (an enterprise-style custom limit, a plan change, or an explicit carve-out). Never a silent wall, never an invoice (ECON §5.3).
  4. Agreed limits only. If we can't agree, we may apply temporary limits via the existing entitlement machinery (custom_limits/expires_at), with notice and with your content fully readable and exportable — data is never held hostage (QS Q17). Throttling for abusive automation (§2 rows 1/3/5) may be applied directly and immediately where the pattern is machine-generated and clearly not human use.
  5. Escalation for real abuse. The Acceptable Use Policy's enforcement ladder covers scripted drains, signup farms, and the free-tier-as-margin-attack class.

4 · What we will never do (the "no surprise bills" architecture)

  • No auto-top-ups. No per-credit packs. No metered-on-top agentic charges. The Retool $0.10/credit shape, the M365 metered-on-top shape, and the Notion credits backlash are explicitly the models we reject (ECON §4 complaint corpus — "every loudest complaint in the set is a billing-model complaint").
  • Overage is a choice, never a surprise. Upgrade doors appear at the moment of need; nothing converts automatically (ECON §5.2).
  • Ceilings don't move retroactively. Material changes to this policy get notice and a dated version; the version you accepted governs your current term (ToS §12).
  • "We don't surprise-bill you" is our one-liner against the whole market set (ECON §4, fresh-eyes #13). This policy is what makes the line true.

5 · Enterprise

Off-deck contracts get custom ceilings, custom limits, and custom terms (QS Q7: enterprise = contract variant). This policy's shape still informs the conversation; the contract governs.

6 · Enforcement & questions

Fair-use interventions are proportionate (visible meters → conversation → agreed limits; see AUP for abuse). If you think a ceiling got it wrong: [FOUNDER: support contact — QS Q25 named-email recommendation]. A human will look.

[LAWYER — enforceability questions this draft cannot answer: (a) is a one-sided fair-use ceiling enforceable as incorporated ToS terms in the target jurisdictions? (b) consumer-protection fairness review of "abusive automation may be throttled" discretion vs. B2B custom; (c) required notice periods for limit changes; (d) whether the named review trigger creates an expectation of service (i.e. does promising "a human conversation" bind us to staffing it?).]


Fact sources for this document

ECON §2.4/§2.6/§4/§5.1–5.3/§6/§12.3 (all cost figures, meter law, complaint corpus, guardrail) · QS Q2/Q7/Q8/Q12/Q13/Q17/Q18 · LEDGER T024 (deletion-doesn't-restore mechanic) + LEDGER CONNECTORS-PREP addendum #3 (brutal-free visible limits) · PricingWing handoff 2026-10-20 (founder wording "without some cover someone could drain the company LMAO xP"; free=250-docs-ever draft shape; ≤25 steps/run; doc-shaped abuse bullet) · repo lib/billing/entitlements.ts machinery (cited by PricingWing as the enforcement lever).

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