The Terms of Service confusion that's fooling thousands of developers—and the simple fix
The Controversy That Isn't (Mostly)
When a Hacker News user posted "Brave Search API forbids use with AI agents" earlier today, it sparked a question that's been brewing since January: Are tools like OpenClaw violating Brave's Terms of Service?
The short answer: No—if you pick the right plan.
But the confusion is real, and it's Brave's fault for poor UX during signup. Let me explain.
The ToS Warning That Scared Everyone
When you sign up for Brave Search API, you see this warning:
"By subscribing to this plan, you agree to abide by the Terms of Use. These Terms of Use prohibit using responses for AI inference."
Developers rightfully panicked. If AI inference is prohibited, how can Claude, OpenClaw, or any LLM-powered agent use Brave Search?
The answer was hiding in a dropdown most users never changed.
The Two Plan Types (That Look Identical)
Brave offers two categories of API plans, each with Free/Base/Pro tiers:
| Category | AI Inference | Use Case |
|---|---|---|
| Data for Search | ❌ Prohibited | Traditional search UIs |
| Data for AI | ✅ Explicitly Permitted | AI agents, LLMs, RAG |
The problem: The signup flow defaults to "Data for Search," which shows the scary ToS warning. Most developers never realize there's a "Data for AI" option that explicitly allows what they need.
Here's what the Brave Search API pricing page actually says:
- Free AI: "Get familiar with the API" — 2,000 queries/month
- Base AI: $5/1,000 requests — "Rights to use in AI apps"
- Pro AI: $9/1,000 requests — "Rights to use in AI apps"
The "AI" suffix matters. It's not just branding—it's a different license.
The Official Clarification (From Brave Directly)
On January 17, 2025, Jonathan Sampson from Brave clarified on GitHub:
"Great question. If you check brave.com/search/api/, you'll find that we offer 2 free account types. The first is Data for Search, where AI inference is not permitted. The second is Data for AI, where AI inference is explicitly permitted."
He later added context about what each plan allows:
- Data for Search: Display search results to users. No AI processing.
- Data for AI: Feed results into LLMs, RAG pipelines, AI agents. ✅
- Data with Storage Rights: Store results, train models. (Enterprise tier)
The Remaining Gray Area
Even with the "Data for AI" plan, some restrictions remain:
From the Terms of Service:
"2.b.i. Licensee shall not... store the results of the API or any derivative works from the results"
"2.b.xiv. Licensee shall not... redistribute, resell, or sublicense the Content"
This raised follow-up questions on the GitHub thread:
Developer concern: "If my SaaS performs searches with the API, processes results using an LLM, and stores them in a DB—am I breaching the ToS?"
Brave's response (paraphrased): The Data for AI plan allows inference and presenting results to users. Storing raw API responses requires the "Storage Rights" tier. The restriction is about caching/reselling the structured API response, not about using search results in your application.
What This Means for OpenClaw Users
If you're using OpenClaw with Brave Search:
- Go to brave.com/search/api
- Select "Data for AI" plans (not "Data for Search")
- Subscribe to Free AI, Base AI, or Pro AI
That's it. You're compliant.
Current setup command:
openclaw configure --section webWhen prompted, enter your API key from a "Data for AI" plan.
Comparison: How Other Search APIs Handle This
| Provider | AI Usage | Notes |
|---|---|---|
| Brave (Data for AI) | ✅ Free tier + paid | Must select correct plan type |
| Perplexity Sonar | ✅ All tiers | Built for AI, implicit licensing |
| Google Custom Search | ⚠️ Gray zone | ToS prohibits "automated queries" |
| SerpAPI/Serper | ❌ Legal risk | Scrapes Google/Bing |
| Tavily | ✅ All tiers | Purpose-built for AI agents |
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TL;DR
- The controversy is a UX problem, not a legal one
- Brave offers "Data for AI" plans that explicitly allow AI inference
- Most developers signed up for the wrong plan because the UI is confusing
- Fix it: Switch to Free AI / Base AI / Pro AI tier
- OpenClaw + Brave Search = compliant when configured correctly
Sources
- Hacker News Discussion — January 30, 2026
- GitHub Issue #522: Clarify possible Brave Search TOS violation — January 2025
- Brave Search API Pricing
- Brave Blog: Zero Data Retention
- OpenClaw Docs: Web Tools
Last updated: January 30, 2026 • Author: Tan, Marketing @ Serenities AI