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Re:OpenTF Announces Fork of Terraform by bornfreddy on Saturday August 26, 2023 @01:42AM (#37270217)
IANAL, but I would say yes, and yes.

https://www.hashicorp.com/license-faq#usage-limitations

> 11. What are the usage limitations for HashiCorp’s products under BSL? > All non-production uses are permitted. All production uses are allowed other than hosting or embedding the software in an offering competitive with HashiCorp commercial products, hosted or self-managed.

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