← epigraphia.appTerms of Service — EpigraphIA
These Terms of Service ("Terms") govern your use of the EpigraphIA desktop application ("EpigraphIA", "the Application", "the Service") developed by Xolo Beaver Studios Inc. ("we", "us", "our"). Please read them carefully. By downloading, installing or using EpigraphIA you accept these Terms, the Privacy Policy, the Acceptable Use Policy, the DMCA Policy and the Trademark Notice. If you do not agree, do not use the Service.
1. Acceptance and nature of the product
EpigraphIA is a desktop application that runs locally on your computer. It does not require creating an account or signing in, it does not send your content to our servers, and it works primarily offline. Its artificial intelligence features operate under the BYOK ("Bring Your Own Key") model: you provide and configure your own API keys from external providers (for example OpenAI, Anthropic, Google, Replicate) or use free integrations (for example Pixabay).
Your use of EpigraphIA constitutes your acceptance of these Terms.
2. Eligibility
- You must be 13 years of age or older to use EpigraphIA.
- If you are between 13 and 17 years old, you need the consent of your parent or legal guardian.
- If you are under 13, you may not use the Service.
- You represent that any information you provide (for example when purchasing a license) is accurate.
3. Use license
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable and revocable license to install and use EpigraphIA on up to 2 devices per license purchased (as detailed in the End-User License Agreement (EULA)), for the purpose of creating, illustrating, laying out and publishing your own works, including their commercial use (for example, selling your books on Amazon KDP or other platforms).
This is a license to use the software; it is not a sale of the software. All intellectual property in EpigraphIA remains with Xolo Beaver Studios Inc. (see Section 11).
4. Definition of Content
- Your Input: the text, prompts, images or files that you provide to the Application.
- Output: the text, images, audio or video generated by the AI models from your Input, or produced by the Application's local tools.
- Content: the combination of your Input and the Output.
5. Ownership of Content (important)
- You retain ownership of your Input.
- To the extent permitted by law and by the AI providers' terms, you own the rights to the Output generated from your Input, and you may use, modify, publish and sell it.
- Output may not be unique: other users could obtain similar results with similar prompts. We do not guarantee the exclusivity or originality of any Output.
- You must not use protected material as Input if you do not hold the rights to it (third-party copyrighted works, registered trademarks, restrictively licensed images, etc.).
- The rights to the AI models and their operation belong to their respective providers (OpenAI, Anthropic, Google, Replicate, etc.).
6. Your responsibility for Content (important)
You are solely responsible for all Content you create, generate, import, export or publish with EpigraphIA. This includes making sure that:
- The Content is original or you hold the legal rights to use it.
- The Content complies with all applicable laws.
- The Content does not infringe third-party rights (copyright, trademarks, privacy, etc.).
- The Content does not violate our Acceptable Use Policy.
EpigraphIA is a neutral tool —like a word processor or an image editor— that does not review, moderate, approve or endorse your Content before it is generated or exported. If your Content infringes the law or the rights of third parties, you are the one who is legally responsible, not EpigraphIA or Xolo Beaver Studios Inc.
7. API keys and third-party services (BYOK)
When you configure API keys from external providers (OpenAI, Anthropic, Google, Replicate, Pixabay, or others):
- You represent that those keys are yours and that you are authorized to use them.
- You are responsible for all charges those providers bill you and for complying with their terms of service.
- EpigraphIA encrypts your keys locally on your computer and does not store them in plain text or send them to our servers. API calls go directly from your machine to the provider.
- If a key is stolen, misused or suspended by the provider, the responsibility is yours; we have no control over the accounts you hold with those providers.
- Any content you send to third-party APIs is additionally subject to those providers' usage and privacy policies.
8. Use restrictions
You may not, nor allow others to:
- Use EpigraphIA for purposes prohibited by the Acceptable Use Policy (separate document).
- Reverse engineer, decompile or disassemble the Application, except to the extent expressly permitted by law.
- Use EpigraphIA to train or improve AI models that compete with the product.
- Resell, sublicense, rent or redistribute EpigraphIA or access to its features.
- Circumvent, disable or interfere with licensing or security measures.
9. Disclaimer of warranties
THE SERVICE 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, TITLE, ACCURACY, COMPLETENESS AND UNINTERRUPTED OR ERROR-FREE OPERATION.
We do not warrant that: EpigraphIA will meet your needs; its operation will be uninterrupted or error-free; the Output will be accurate, suitable or unique; or that the AI will not produce unexpected or inappropriate content.
10. 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, BUSINESS OPPORTUNITIES OR COSTS OF SUBSTITUTE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Maximum aggregate 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 wrongdoing, fraud, death or personal injury, and the non-waivable rights granted to you by applicable data protection laws (PIPEDA in Canada, CCPA/CPRA in California, LFPDPPP in Mexico, GDPR in the European Union/EEA and UK GDPR in the United Kingdom), as well as any mandatory consumer rights you may have.
11. Intellectual property
- Yours: your Input and your Output, as set out in Section 5. You may sell and publish them.
- Ours: the EpigraphIA software, its code, the name "EpigraphIA", the "Xolo Beaver Studios" brand, the logos, the "Xolo" and "Beaver" assistants, the design and the documentation. You acquire no rights in them other than the use license in Section 3.
- Third parties': the AI models and external services belong to their providers.
12. Indemnification
You agree to indemnify, defend and hold harmless Xolo Beaver Studios Inc., its officers, employees and contributors, from and against any claim, damage, liability or expense (including attorneys' fees) arising out of or related to: your use of EpigraphIA; your Content; your breach of these Terms; or your violation of the law or the rights of third parties.
13. Term and termination
These Terms remain in effect while you use EpigraphIA. Your license may be terminated if you materially breach these Terms or the Acceptable Use Policy. Because EpigraphIA runs locally, termination affects your right to use the software, updates and support; the files on your computer remain yours. No refund is given where termination results from a breach on your part. Sections 5, 6, 9, 10, 11 and 12 survive termination.
14. Refunds
We offer a 14 calendar-day refund window from the date of purchase, with no need to justify your reason. Full details (how to request one, what happens with your license, exceptions and third-party service costs under the BYOK model) are in our Refund Policy.
The refund is processed through Lemon Squeezy Inc., our Merchant of Record (MoR), the same entity that processed your original purchase.
14.bis Geographic availability
EpigraphIA is currently sold in the United States, Canada, Mexico, Latin America, United Kingdom, Australia, New Zealand and other countries outside the European Union. We do not currently offer licenses to residents of the European Union or the European Economic Area. When we expand availability to that region, we will designate a representative in compliance with Art. 27 GDPR and update this section.
15. Dispute resolution
Informal stage (first 30 days): write to us at legal@xbstudios.ca; we will respond within 10 business days and attempt to resolve the matter in good faith.
Formal stage: if the matter is not resolved, disputes shall be submitted to binding arbitration under the rules applicable in the province of British Columbia, Canada, seated in Vancouver, BC, unless the mandatory law of your jurisdiction provides otherwise. Each party bears its own costs, and the arbitrator's fee is shared.
Exceptions: either party may go to court to seek injunctive relief for intellectual property infringement or threats to system security, and for small claims where local law permits.
16. Governing law and jurisdiction
These Terms are governed by the laws of the province of British Columbia, Canada, without regard to its conflict-of-laws rules. However, if you reside in Mexico, the LFPDPPP additionally applies; in California, the CCPA/CPRA; and in the European Union/EEA the GDPR, and in the United Kingdom the UK GDPR (see section 12 of the Privacy Policy). In those jurisdictions, any conflicting term is deemed replaced by the mandatory local law, including your mandatory rights as a consumer.
17. Changes to the Terms
We may modify these Terms. If there are material changes, we will publish the updated version with its date and, where reasonable, announce it within the Application. Your continued use after the changes take effect constitutes your acceptance.
18. Severability and entire agreement
If any provision is found to be invalid, it will be severed and the remaining provisions will remain in force. These Terms, together with the Privacy Policy, the Acceptable Use Policy, the DMCA Policy and the Trademark Notice, constitute the entire agreement between you and Xolo Beaver Studios Inc. with respect to EpigraphIA.
19. Contact
Xolo Beaver Studios Inc.
Legal matters: legal@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.