← epigraphia.appEnd-User License Agreement (EULA) — EpigraphIA
This End-User License Agreement ("EULA" or "Agreement") governs the use license of the EpigraphIA desktop software ("EpigraphIA", "the Application") granted to you by Xolo Beaver Studios Inc. ("we", "XBS"). It is entered into between you and XBS upon installing or activating the Application. This EULA is the specific agreement of the license; the Terms of Service, the Privacy Policy, the Acceptable Use Policy, the DMCA Policy, the Trademarks Notice and the Refund Policy are incorporated by reference and continue to apply. In case of conflict over the scope of the license, this EULA prevails. If you do not agree, do not install or activate the Application.
1. Nature of product and purchase
EpigraphIA is a desktop application that runs locally on your computer and works primarily offline. The purchase is a one-time payment that grants you the license described in this Agreement; it is not a subscription and does not require recurring payments to continue using the Application.
The sale is processed by Lemon Squeezy Inc. (Delaware, USA), our Merchant of Record (MoR), acting as seller of record: they charge, invoice, handle applicable taxes (VAT/GST/sales tax) and process refunds under the Refund Policy. The software use license is granted by Xolo Beaver Studios Inc. under this EULA.
2. Grant of license
Subject to this Agreement and payment of the license, we grant you a perpetual license for the acquired version, limited, non-exclusive, non-transferable and revocable only for material breach (Section 14), to install and use EpigraphIA for the purpose of creating, illustrating, laying out and publishing your own works.
- Personal AND commercial use of your works: you can use, publish and sell the books and materials you create with EpigraphIA (for example on Amazon KDP or other platforms). The books you create are 100% yours.
- Perpetual means: once activated, your license does not expire. You do not need to renew anything or pay again for the installed Application to continue working (see Section 15 on end of life).
- The license is for the use of the software; it does not constitute a sale of the software. Intellectual property of EpigraphIA remains with Xolo Beaver Studios Inc.
3. Device limit
- Your individual license allows you to install and activate EpigraphIA on up to 2 (two) devices that you own or control, for a single person's use.
- If you need to use the Application on a different device (for example, when you change computers), you can deactivate one of your activated devices to free up that slot and activate the new one. Deactivation is done from within the Application, or if the previous device is no longer available (theft, failure), by writing to support.
- Simultaneous use by multiple people with the same individual license is not allowed; for work teams, one license per person is required.
4. License key and activation
- Activation requires a license key and a momentary internet connection to validate it. Once activated, the Application works locally.
- Your license key is personal. You must keep it confidential and are responsible for activations made with it.
- We may deactivate keys that are leaked, resold, publicly shared or used beyond the device limit, after reasonable verification. If you believe your key was compromised through no fault of yours, contact us to replace it.
5. Restrictions
You may not, nor allow others to:
- Resell, sublicense, rent, lend, assign or redistribute EpigraphIA, your license key or access to its functions.
- Reverse engineer, decompile or disassemble the Application, except to the extent that applicable law expressly permits despite this limitation.
- Circumvent, disable or interfere with license, activation or security measures.
- Use EpigraphIA to train or improve AI models that compete with the product.
- Use the Application for purposes prohibited by the Acceptable Use Policy.
6. Updates
- The Application may search for, download and install updates (including security patches). Some updates may require accepting additional terms; if you decide not to install them, certain functions may stop working correctly.
- We are not obligated to maintain, support or re-publish previous versions of the Application.
- Scope of updates included with your one-time payment: all updates included at no cost while EpigraphIA remains in active development by Xolo Beaver Studios Inc. — includes bug fixes, stability improvements, new features and future major versions (v2, v3, etc.). No additional payments or subscriptions to access new versions. If at some point XBS decides that a future major version will be commercialized as a separate product, that decision will be communicated with reasonable notice and your purchased version will continue to receive critical fixes for at least 12 additional months.
7. Support
- Your purchase includes technical support by email for 12 (twelve) months from the date of purchase.
- After that period, the Application continues to work normally; only personalized support ceases to be included. We may offer extended support options separately.
- Support covers installation, activation and operation issues of the Application. It does not cover editorial or publishing advice, configuration of your accounts with AI providers, or failures of your device or operating system.
- Support for beta or preliminary versions is limited and without guaranteed response time.
- Support channel: support@xbstudios.ca. Target response time: up to 48 business hours.
8. AI-generated content
- To the extent that law and AI provider terms permit, you own the rights to the Output generated from your Input (see Terms of Service, Section 5).
- Output may not be unique: other users may obtain similar results with similar prompts. We do not guarantee exclusivity, originality, accuracy or copyright registrability of the Output.
- You are responsible for verifying that generated content does not infringe third-party rights before publishing or selling it, and for declaring the use of AI where the publishing platform requires it (for example, Amazon KDP).
9. BYOK and third-party services (includes Hunter module)
- AI functions operate under the BYOK model: you provide your own API keys. They are encrypted locally on your device and calls go directly from your computer to the provider; those providers' charges are on your account.
- The Hunter module queries public data from sales platforms (for example Amazon) through third-party APIs configured by you. That use is under your sole responsibility: it is up to you to comply with the terms of those API providers and the sites consulted. XBS is not party to your relationship with those third parties and does not guarantee the availability, accuracy or continuity of such data.
10. "AS IS" warranty
THE APPLICATION IS PROVIDED "AS IS" AND "AS AVAILABLE". TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY AND UNINTERRUPTED OR ERROR-FREE OPERATION.
Nothing in this section limits the warranties that the law of your country grants you as an irrevocable right as consumer (for example, those provided by consumer protection legislation of British Columbia/Canada, the Federal Consumer Protection Law in Mexico, or UK consumer regulations if applicable).
11. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, XOLO BEAVER STUDIOS INC. SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA OR BUSINESS OPPORTUNITIES.
Maximum total liability: our cumulative liability for any claim related to EpigraphIA shall not exceed the amount you paid for your license.
Exceptions that cannot be limited: willful misconduct or intentional conduct, fraud, death or personal injury, and irrevocable rights granted by applicable data protection and consumer laws.
12. Backup of your content
Your Content (projects, novels, images, exports) lives only on your computer; we have no copies. You are responsible for making periodic backups of your projects (.epia files and exports) on a medium different from your main device. We are not responsible for data loss resulting from device failures, accidental deletion, malware or lack of backup. We also recommend keeping your installer and license key in a safe place.
13. Assignment
We may assign this Agreement and the granted licenses to an entity that continues the EpigraphIA business (for example, in a sale or reorganization of the company), notifying it through usual means; your license rights remain on the same terms. You may not assign or transfer your license without our prior written authorization.
14. Termination for breach
This Agreement is in effect from the activation of your license. We may terminate it if you materially breach this EULA, the Terms of Service or the Acceptable Use Policy, with reasonable prior notice. Effects of termination:
- Your right to use the Application ceases, as well as updates and support.
- Your files and works remain yours: termination does not affect ownership of your Content stored on your device nor of the books already published.
- No refund when termination is due to a breach on your part (see Refund Policy).
15. End of life and discontinuation (your license is protected)
EpigraphIA runs locally and does not depend on our servers for its main functions. If someday XBS discontinues the product or ceases operations:
- Your perpetual license and installed Application continue to work. Your local files are not affected.
- The only thing that may cease is availability of downloads, updates, support and optional online services (for example, the activation server; in that case we will endeavor to publish a mechanism so that valid licenses can continue to be activated or be released from online validation).
- We recommend keeping your installer (Section 12).
16. Export controls and sanctions
You agree not to use, export or re-export EpigraphIA in violation of applicable export control and sanctions laws of Canada and the United States, or to use it if you reside in an embargoed territory or appear on a sanctions list of those jurisdictions.
17. Governing law and disputes
This Agreement is governed by the laws of the province of British Columbia, Canada, without regard to its conflict of laws rules. Disputes are resolved under the mechanism provided in the Terms of Service: informal stage of 30 days and, where applicable, arbitration seated in Vancouver, BC. If you reside in Mexico, the United Kingdom or California, your local mandatory rights (consumer and data protection) prevail over any conflicting terms.
18. Contact
Xolo Beaver Studios Inc.
Legal matters: legal@xbstudios.ca
Billing: billing@xbstudios.ca
Support: support@xbstudios.ca
Registered address and address for service of notices: 653-5515 Boundary Road, Vancouver, British Columbia, Canada V5R 0E3
Response time: up to 48 business hours.
This document is a general reference and does not constitute legal advice. Its final wording should be reviewed by a lawyer in your jurisdiction before commercial publication. In case of any discrepancy between the English and Spanish versions, the Spanish version prevails.