wow good catch, thanks, just fixed it! Is your concern more ideologically or are you worried about actually getting in trouble for using it? happy to assuage your fears if it is the latter.
(1) I can't incorporate Hibiki into anything (A)GPL licensed, which many of my projects are.
(2) Ideologically I can't get behind something non-free, even though I completely understand why you wrote the license the way that you did. Realistically all it's going to do is hinder adoption (see parent comment of mine).
(3) You can say I'm not going to get into trouble, but your license says otherwise, and I really can't use something unless I'm 100% sure I'll be in the okay, ya'know?
I am happy to pay for a FOSS license, but obviously that will then allow other people to use the code without paying for it, because of the nature of FOSS.
Just make the license free to use except for a saas. And you'll accomplish what you want without being misleading.
The intent was that if you're at a company and write Hibiki code, you're all good, no problem. If you're at a company and you're offering a service which lets your customers write Hibiki code that you then host, then that's no good.