End User License Agreement

PLEASE READ THIS END USER LICENSE AGREEMENT CAREFULLY AS YOU ARE ENTERING INTO A LEGAL AGREEMENT. PLEASE BE AWARE THAT SECTION 19 OF THIS EULA CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS THAT YOU AND EPOCH WORKS HAVE AGAINST EACH OTHER ARE RESOLVED. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE YOU TO SUBMIT CLAIMS THAT YOU HAVE AGAINST EPOCH WORKS TO BINDING AND FINAL ARBITRATION. YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST EPOCH WORKS ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.

1. Agreement to terms

By downloading, installing, copying, accessing or using Epoch Studio (”Software” and collectively with any other product or application, the “Epoch Works Product(s)” whether packaged together with the Software or separately/individually), you agree to this End User License Agreement (“EULA” or “Agreement”) and to the Epoch Works Privacy Policy , which are incorporated by reference. If you do not agree, do not install or use the Software. If you accept on behalf of an organization, you represent that you are authorized to bind it. YOU REPRESENT AND WARRANT THAT (i) YOU ARE AT LEAST EIGHTEEN YEARS OLD AND THAT YOU HAVE THE LEGAL CAPACITY TO ENTER INTO CONTRACTS; OR (ii) YOU ARE AT LEAST THIRTEEN YEARS OLD AND YOU HAVE THE PERMISSION OF YOUR PARENT OR GUARDIAN TO ACCESS THE EPOCH WORKS PRODUCT(S) AND THEY HAVE ACCEPTED THIS CONTRACT ON YOUR BEHALF.

YOUR USE OF EPOCH WORKS PRODUCT(S) IS EXPRESSLY CONDITIONED ON YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS EULA OR ANYTHING IN EPOCH WORKS TERMS OF USE OR PRIVACY POLICY, YOU MAY NOT DOWNLOAD, INSTALL, ACCESS OR USE EPOCH WORKS PRODUCT(S). BY INSTALLING AND USING THE EPOCH WORKS PRODUCT(S), YOU ALSO AGREE TO THE PRIVACY POLICY AND TERMS OF USE.

This Agreement is made between you and Epoch Works LLC (“Licensor” or “Epoch Works”) (collectively, the “Parties”). Neither Apple Inc. nor any subsidiary or affiliate of Apple Inc. (collectively and individually referenced in this Agreement as "Apple") or any other entity or platform provider, such as Steam, is a party to this Agreement. Except as specifically provided, this Agreement does not confer any enforceable rights or remedies upon any person other than the Parties. The Parties acknowledge that this Agreement is concluded between themselves only, and not with Steam or Apple, and as between Epoch Works and Apple, Epoch Works, not Apple, is solely responsible for the Licensed Application and the content thereof.

2. License grant

Epoch Works Products are licensed, not sold, to You for use only under the terms of this license, unless a Epoch Works Product is accompanied by a separate license agreement, in which case the terms of that separate license agreement will govern, subject to Your prior acceptance of that separate license agreement. Epoch Works and its licensors reserve all rights not expressly granted to You. The Epoch Works Product that is subject to this license is referred to in this Agreement as the “Licensed Application.”

Subject to this EULA, Epoch Works grants you a personal, worldwide, non-exclusive, non-transferable, revocable license to install and use the Software on devices you own or control, for your own creative work. The Licensor and its suppliers retain all rights not expressly granted. For clarity, you may use this personal license in connection with manuscripts that you intend to develop commercially, sell, or make available as books for purchase.

This license granted to You for the Licensed Application by Epoch Works is limited to a non-transferable license to use the Licensed Application for the version number and device purchased on any applicable Apple-branded, Android devices, Steam, or other similar devices that You own or control and as permitted by the usage rules of Steam, the Apple App Store, Android App Stores Terms and Conditions, or other third-party distributor (the “Usage Rules”), except that for Apple-branded products such Licensed Application may be accessed and used by other accounts associated with You via Family Sharing or volume purchasing. For Apple-branded products the Usage Rules are set forth in the Apple Media Services Terms and Conditions available at https://www.apple.com/legal/internet-services/itunes/us/terms.html. This license does not allow You to use the Licensed Application on any Apple-branded product, Android device or other similar device that You do not own or control, and You may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Licensed Application. You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Licensed Application). Any attempt to do so is a violation of the rights of Epoch Works and its licensors. If You breach this restriction, You may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by Epoch Works that replace and/or supplement the original Product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern. In order to use the Epoch Works Products, You may be required to upgrade to the latest mobile application version. Epoch Works may notify You via email or other mechanisms describing the applicable upgrade. The Parties acknowledge and agree that Epoch Works’s licensors and Apple are intended third party beneficiaries of this Agreement and, upon your acceptance of the terms and conditions of this Agreement, have the express right to rely upon and directly enforce the terms of this Agreement against you as a third party beneficiary hereof. There are no implied licenses granted by Epoch Works under this Agreement. Except as specified above, you shall have no rights to the Licensed Application.

3. Your content and your ownership

3.1 You own your work. As between you and the Licensor, you retain all right, title, and interest in the manuscripts, notes, characters, worlds, images you supply, and the outputs you create with the Software ("Your Content"). This EULA assigns the Licensor no ownership of and no copyright in Your Content.

3.2 Limited license to operate the features. You grant the Licensor a limited, revocable license to process Your Content locally on your device solely to provide the Software's features (writing, analysis, world-modeling, publishing), or otherwise process your data and information as described in the documentation of the Software. This license does not extend to using Your Content to train models.

3.3 Cloud processing is your choice. The Software is local-first. Your Content is sent to a third-party service only when you configure an external provider (e.g., a cloud LLM or image API key) and the privacy setting that blocks cloud manuscript routing is off. Access to the Software may require a valid third-party account (such as Steam) and the Steam client or other third-party software or device, meaning the license is subject to such third-party account status and rules.

When using through Steam, you are prohibited from any cheats, hacks, mods, bots, scripts, and macros that interfere with Steam processes.

3.4 Export. You can export your projects (.epoch, DOCX, and other supported formats) through the Licensed Application.

3.5 Use Restrictions. You, directly or indirectly, alone or with any other party, may not:

Modify, change, create derivative works of, disassemble, decompile or otherwise reverse engineer the Licensed Application, or remove proprietary legends in the Licensed Application.
Distribute, transfer, resell, rent, lease, or loan the Licensed Application to any other party, except as described above.
Make the Licensed Application available to others in a service bureau arrangement or for any similar commercial time-sharing or third party training use.
Transfer the Licensed Application to any third party for outsourcing or any other purpose without the express prior written consent of Epoch Works.
Remove or modify the source code responsible for displaying the Epoch Works branding links as part of rendered pages. Furthermore, when the Licensed Application is being used in a website or application, the Epoch Works branding must stay fully visible and not visually overlapped by other elements. For clarity, this does not require Epoch Works branding to be displayed on manuscripts when exported.
Disable, modify or restrict Epoch Works’s access to any disclosed collection of usage statistics.
Use any cheats, hacks, mods, bots, scripts, and macros that interfere with Steam processes.
Use hate speech, i.e. speech that promotes hatred, violence or discrimination against groups of people based on ethnicity, religion, gender, age, disability or sexual orientation.
Use nude or sexually explicit images of real people.
Use adult content that isn’t appropriately labeled and age-gated.
Use libelous or defamatory statements.
Use Your Content where you don’t own or have adequate rights to it.
Create Your Content that is patently offensive or intended to shock or disgust viewers.
Create Your Content that exploits children in any way.
Create disturbing depictions of violence.
Engage in trolling; baiting; threatening; spamming; intimidating; and using abusive language or insults.

For clarity, the above is not intended to prohibit thriller, horror and romance manuscripts.

You agree not to use the Software to: (i) create or distribute content that is illegal where you are; (ii) produce non-consensual sexual or intimate imagery, or sexual content involving minors; (iii) create deceptive deepfakes of real people without consent; (iv) infringe others' intellectual property; (v) circumvent technical protection measures or import DRM-protected material you are not authorized to use; or (vi) violate the terms of any third-party service you connect. You also agree not to use the Software to: (vii) clone, imitate, or simulate the voice of a real person without that person's written permission or other legally recognized authorization; or (viii) submit AI-generated or text-to-speech audio made with the Software to an audiobook distribution service (such as ACX) as human narration, or otherwise contrary to that service's narration requirements.

The Software may offer, as an optional download that you choose to initiate, models licensed under the CreativeML OpenRAIL-M or Open RAIL++-M licenses (each, a “Model”), which are subject to the use restrictions in Attachment A. You may not use the Model or any Derivative of the Model in violation of those restrictions. You may use the Model only for lawful purposes and in accordance with its license. Use may include creating any content with, fine-tuning, updating, running, training, evaluating and/or re-parametrizing the Model. If you make the Model or a Derivative of the Model available to others, you must require them to comply with these restrictions.

3.6 Support This Agreement does not entitle you to receive from Epoch Works, its licensors, or Apple hard-copy documentation, support, telephone assistance, maintenance, or enhancements or updates to the Licensed Application. The Parties acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the Licensed Application. Epoch Works may, in its sole discretion, provide to You updates to the Licensed Application.

3.7 Consent to Use of Data; Privacy Policy. You agree that Epoch Works may collect and use technical data and related information, including but not limited to technical information about Your device, system and application software, and peripherals, that is gathered to facilitate the provision of software updates, product support and other services to You (if any) related to the Licensed Application, to the extent disclosed or industry standard. Epoch Works will own and retain all rights to technical and usage data captured through the Licensed Application, excluding Your Content. Epoch Works may use this information and other information you provide to us such as error reports and feedback to improve its products, to provide services or technologies to You, or for any other lawful purpose. In addition, the Epoch Works Privacy Policy located at https://getepochstudio.com/privacy/ shall govern the collection, use, transfer and disclosure of personal information and is incorporated herein by this reference.

3.8 Services; Third-Party Materials. The Licensed Application may enable access to Epoch Works’s and third-party services and web sites (collectively and individually, "Services"). Use of components of the Services may require Internet access and that you accept additional terms and conditions.

You understand that by using any of the Services, You may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, You agree to use the Services at Your sole risk and that Epoch Works shall not have any liability to You for content that may be found to be offensive, indecent, or objectionable.

Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third-Party Materials”) or provide links to certain third-party web sites. By using the Services, You acknowledge and agree that Epoch Works is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third-Party Materials or web sites. Epoch Works does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person for any third-party Services, Third-Party Materials or web sites, or for any other materials, products, or services of third parties. Third-Party Materials and links to other web sites are provided solely as a convenience to You. Location data provided by any Services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither Epoch Works, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data displayed by any Services.

You agree that any Services which contain proprietary content, information and material is protected by applicable intellectual property and other laws, including but not limited to copyright, and that You will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and You shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Epoch Works is not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a result of using any of the Services.

In addition, Third-Party Services and Third-Party Materials that may be accessed from, displayed on or linked to from the iPhone, iPod touch, iPad, Android devices, Steam or other device, are not available in all languages or in all countries. Epoch Works makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent You choose to access such Services or Materials, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Epoch Works, and its licensors, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will Epoch Works be liable for the removal of or disabling of access to any such Services. Epoch Works may also impose limits on the use of or access to certain Services, in any case and without notice or liability.

3.9. Product Claims. The Parties acknowledge that Epoch Works, not Apple or a third-party platform provider, is responsible for addressing any claims made by you or third parties relating to the Licensed Application or your possession and/or use of the Licensed Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, including in connection with the Licensed Application’s use of the HealthKit and HomeKit frameworks, if applicable, or other frameworks.

4. AI assistance — no warranty of accuracy or rights

4.1 The Software incorporates and uses AI models (local and, at your option, third-party cloud) to generate suggestions, analysis, chat, and images. AI output can be inaccurate, inconsistent, biased, or unsuitable. You are responsible for reviewing, editing, and deciding whether to use any output. You are also solely responsible for selecting and using an AI model, even if it is provided for download by Epoch Works.

4.2 The Licensor makes no representation that AI-assisted output is original, non-infringing, or eligible for copyright or other registration. Copyright law for AI-assisted works is unsettled and varies by jurisdiction. You are solely responsible for clearing rights in and the publication of your work.

4.3 The Software does not assert, register, or guarantee any legal protection for Your Content.

4.4 Epoch Works may in the future utilize AI in connection with the Software for text, images, buttons, ideas, sound, suggestions, code and other items. You acknowledge and agree that Epoch Works is under no obligation to disclose its use of AI unless required by a third-party platform or applicable law.

5. No training on your manuscripts

The Licensor will not use Your Content to train, fine-tune, or evaluate any machine-learning model without your explicit, separate, opt-in consent. If you enable another AI model or a cloud model, you are responsible for ensuring the use and training aligns with your policy and practices concerning the use of Your Content.

6. Bundled and downloaded AI models

6.1 The Software may include or offer to download open-source AI models. Your use of those models is also governed by their licenses, passed through and reproduced in the Third-Party Notices and any in-app model terms.

6.2 Models the Software may bundle or auto-download are limited to those whose licenses permit redistribution without additional use conditions (currently Apache-2.0 / MIT). Image models whose licenses permit redistribution only subject to use conditions (the CreativeML OpenRAIL-M and Open RAIL++-M licenses for Stable Diffusion 1.5 and SDXL) are not bundled; they are offered only as an optional user-initiated download after an in-app license notice and your consent. Models under conditional licenses such as the Llama Community License are not offered for download by the Software; if you use one through your own tools (for example LM Studio or Ollama), its license governs your use.

7. Third-party services (bring-your-own-key)

If you configure third-party AI or research services (cloud LLM providers, image-generation providers, or the research lookup), your use of those services is governed by their terms and privacy policies, and you are responsible for any keys, fees, and content you send to them. The Licensor is not responsible for third-party services and does not control their data handling. A current list of services the Software can reach is in the Privacy Policy.

8. Ownership

You acknowledge and agree that the Licensed Application belongs to Epoch Works or its licensors. You agree that you neither own nor hereby acquire any claim or right of ownership to the Licensed Application or to any related patents, copyrights, trademarks or other intellectual property. Epoch Works and its licensors retain all right, title and interest in and to all copies of the Licensed Application at all times, regardless of the form or media in or on which the original or other copies may subsequently exist. This license is not a sale of the original or any subsequent copy. The Licensed Application is protected by copyright and other intellectual property laws and by international treaties. You may not make any copies of the Licensed Application except for your own personal use. Any and all other copies of the Licensed Application made by you are in violation of this license. All content accessed through the Licensed Application is the property of the applicable content owner and may be protected by applicable copyright law. This license gives you no rights to such content. All trademarks used in connection with the Licensed Application are owned by Epoch Works, its affiliates and/or its licensors and other suppliers, and no license to use any such trademarks is provided hereunder. All suggestions or feedback provided by you to Epoch Works with respect to the Software shall be Epoch Works’s property and deemed confidential information of Epoch Works. You and Epoch Works acknowledge that, in the event of any third party claim that the Licensed Application or your possession and use of the Licensed Application infringes that third party’s intellectual property rights, Epoch Works, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property claim.

9. Updates

The Software may check for and install updates. Updates are governed by this EULA unless accompanied by new terms.

10. Disclaimer of warranties

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND EPOCH WORKS HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. EPOCH WORKS DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED APPLICATION, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY EPOCH WORKS OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. AS BETWEEN EPOCH WORKS AND APPLE, EPOCH WORKS SHALL BE SOLELY RESPONSIBLE FOR ANY PRODUCT WARRANTIES, WHETHER EXPRESS OR IMPLIED BY LAW, TO THE EXTENT NOT EFFECTIVELY DISCLAIMED. IN THE EVENT OF ANY FAILURE OF THE LICENSED APPLICATION TO CONFORM TO ANY APPLICABLE WARRANTY, YOU MAY NOTIFY APPLE, AND APPLE WILL REFUND THE PURCHASE PRICE FOR THE LICENSED APPLICATION TO YOU; AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE LICENSED APPLICATION, AND ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY WILL BE EPOCH WORKS’S SOLE RESPONSIBILITY.

11. Limitation of liability

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL EPOCH WORKS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF EPOCH WORKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL EPOCH WORKS’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

12. Assumption of Risk

The Software stores your work locally by default. You are responsible for your own backups. The Licensor is not liable for loss or corruption of locally stored data.

YOU hereby assume all risks associated with the use of the LICENSED APPLICATION AND SERVICES, including all risks of personal injury or property damage. YOU HEREBY REMISE, RELEASE, ACQUIT AND FOREVER DISCHARGE EPOCH WORKS, ANY EMPLOYEES OR OFFICERS OF EPOCH WORKS, LICENSORS OF COMPONENTS OF EPOCH STUDIO, AND ANY INDIVIDUALS ASSOCIATED WITH EPOCH WORKS OR THE LICENSED APPLICATION AND SERVICES (“RELEASED PARTIES”) OF AND FROM ANY AND ALL LIABILITIES, CLAIMS, REMEDIES, DEMANDS, SUITS OR CAUSES OF ACTION OF WHATSOEVER KIND OR CHARACTER, IN WHOLE OR IN PART, WHETHER CHOATE OR INCHOATE, WHICH YOU MAY EVER HAVE AGAINST THE RELEASED PARTIES THAT IN ANY WAY DIRECTLY OR INDIRECTLY RELATE TO, RESULT FROM, ARE BASED UPON, OR ARISE OUT OF THE LICENSED APPLICATION OR SERVICES. YOU FURTHER AGREE TO DEFEND, INDEMNIFY, SAVE, AND HOLD THE RELEASED PARTIES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, DAMAGES, LIABILITIES, LAWSUITS, LITIGATION, ATTORNEYS FEES, EXPENSES, OR ARBITRATIONS ARISING OUT OF ANY OF YOUR ACTIONS, EITHER INTENTIONALLY OR NEGLIGENTLY, DURING THE USE OF THE LICENSED APPLICATION AND SERVICES.

No Liability for Third-Party Integrations. Services may integrate with third-party tools, platforms, or services (e.g., email, mobile apps, communication systems). EPOCH WORKS does not accept any liability for issues arising from these third-party services, including but not limited to connectivity issues, data breaches, or errors in third-party services that may affect the operation of the Services. YOU shall at all times comply with the restrictions, limitations and terms of usage of such third-party services. YOU agree to the terms of any applicable end user license agreement with the third-party service necessary for its use. Notwithstanding any language to the contrary, YOU agree that processing of personal data by such third-party services is subject to the terms of the data processing addendum with the third-party service.

Third-Party Artificial Intelligence Component Disclaimer. The LICENSED APPLICATION MAY BE accompanied by or contain certain third-party components involving Artificial Intelligence. Artificial Intelligence output is solely generated by a third-party and is not generated by EPOCH WORKS. ALL USE OF THE ARTIFICIAL INTELLIGENCE AND OUTPUT GENERATED BY ARTIFICIAL INTELLIGENCE VIA USE OF THE EPOCH WORKS PRODUCT(S) IS AT YOUR SOLE RISK. EPOCH WORKS’S PROVISION OF ACCESS TO THIRD-PARTY COMPONENTS INVOLVING ARTIFICIAL INTELLIGENCE (“AI PROVIDERS”) TO YOU IS ON AN “AS IS” BASIS WITHOUT WARRANTY FROM EPOCH WORKS OF ANY KIND. EPOCH WORKS DISCLAIMS ALL WARRANTIES AND INDEMNITIES WITH RESPECT TO SUCH THIRD-PARTY COMPONENTS, EXPRESS OR IMPLIED, AND ASSUMES NO LIABILITY WITH RESPECT TO SUCH THIRD-PARTY COMPONENTS.

13. Indemnity

You agree to indemnify and hold harmless Epoch Works and its directors, officers, shareholders, parents, subsidiaries, affiliates, partners, agents, and licensors (collectively, the "Indemnified Parties") from and against all losses, expenses, damages and costs, including reasonable attorney fees and costs, resulting from: (i) your breach of any of the representations, warranties, and terms made hereunder; (ii) your use of the Service; (iii) your creation, addition or transmission of any Content onto or from the Service; or (iv) your willful misconduct.

14. Term and termination

The license is effective until terminated by You or Epoch Works. The license may be terminated upon notice by either party. Your rights under this license will terminate automatically without notice from Epoch Works if You fail to comply with any term(s) of this license. Upon termination of the license, You shall cease all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application; you keep your locally stored Content and your right to promptly export it. The provisions of this EULA that by their sense and context are intended to survive the termination or expiration of this EULA shall survive.

15. Injunctive Relief

You acknowledge and agree that your breach or threatened breach of this Agreement shall cause Epoch Works irreparable damage for which recovery of money damages would be inadequate and that Epoch Works therefore may obtain timely injunctive relief to protect its rights under this Agreement in addition to any and all other remedies available at law or in equity.

16. Legal/Export Compliance

You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S. embargoed countries or that has been designated by the U.S. Government as a “terrorist supporting” country or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List or any other U.S. Government list of prohibited or restricted parties. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.

17. Government Use

The Licensed Application and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.

18. Governing Law

The laws of the State of Pennsylvania, excluding its conflicts of law rules, govern this license and your use of the Licensed Application. Notwithstanding the foregoing, the Arbitration Agreement in Section 19 below shall be governed by the Federal Arbitration Act. For the avoidance of doubt, the choice of Pennsylvania governing law shall not supersede any mandatory consumer protection legislation in such jurisdictions.

19. Arbitration Agreement

Except for any intellectual property claims, any dispute, controversy or claim arising under, out of or relating to this Agreement and any subsequent amendments of this Agreement, including, without limitation, its formation, validity, binding effect, interpretation, performance, breach or termination, as well as non-contractual claims, shall be submitted to arbitration before the American Arbitration Association (“AAA”) in accordance with the AAA Consumer Arbitration Rules. The place of arbitration shall be Pittsburgh, PA. The language to be used in the arbitral proceedings shall be English. The Parties may apply to any court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief as necessary, without breach of this Section and without abridgment of the powers of the arbitrator. The arbitrator may award any form of individual or equitable relief, including injunctive relief. Any award will be final and conclusive to the Parties and may be entered in any court of competent jurisdiction. You agree to the entry of injunctive relief to stop any lawsuit or to remove you as a participant in such a suit.

By using the Licensed Application in any manner, you agree to this arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and EPOCH WORKS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. This provision preventing you from bringing, joining or participating in class action lawsuits is an independent covenant. You may opt-out of this Section by providing written notice of your decision within thirty (30) days of the date that you first use the Licensed Application.

All claims arising out of or relating to this Agreement, to the Licensed Application, or to your relationship with Epoch Works that for whatever reason are not submitted to arbitration will be litigated exclusively in the federal or state courts of Allegheny County, Pittsburgh, PA, U.S.A. You and Epoch Works consent to the exercise of personal jurisdiction of courts in the State of Pennsylvania and waive any claim that such courts constitute an inconvenient forum.

If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Licensed Application from the U.S.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from this Agreement shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province or country identified below whose law governs:

If you are a citizen of any European Union country or Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence.
Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.

20. General

The Parties agree that this license cannot be altered, amended or modified by You, except by a writing signed by Epoch Works. No failure or delay in enforcing any right or exercising any remedy will be deemed a waiver of any right or remedy. You shall not assign or transfer this license without the prior written consent of Epoch Works. Any attempt to assign or transfer this license by You shall be void. Each provision of this license is a separately enforceable provision. If any provision of this license is determined to be or becomes unenforceable or illegal, such provision shall be reformed to the minimum extent necessary in order for this license to remain in effect in accordance with its terms as modified by such reformation.

The terms of your agreement with your mobile carrier or other third-party permitting access to the Software apply to your relationship between you and your mobile carrier or third-party.

21. User Outside the U.S.

If you are using the Licensed Application outside the U.S.A., then the following shall apply: (a) You confirm that this Agreement and all related documentation is and will be in the English language; (b) you are responsible for complying with any local laws in your jurisdiction which might impact your right to import, export or use the Licensed Application or any services accessed or used in connection with the Software and Documentation, and you represent that you have complied with any regulations or registration procedures required by applicable law to make this license enforceable.

22. Open Source Software

The Licensed Application may include open source software and any such open source software is subject to the additional license terms and conditions of the open source software.

23. Changes to this EULA

The Licensor may update this EULA by posting new terms in the app, on its website, sending by email, or otherwise communicating it to you. Continued use after changes take effect constitutes acceptance.

24. Entire agreement

This EULA, the Terms of Use, and the Privacy Policy are the entire agreement between you and the Licensor regarding the Software and supersede prior understandings or discussions.

25. Contact

If You have any questions, complaints or claims with respect to the Licensed Application or any conduct or content, You can contact us at: Epoch Works LLC, PO Box 514, Jerome, PA 15937, USA, and epochworksllc@gmail.com.

Attachment A

Use Restrictions for OpenRAIL-Licensed Models

This Attachment applies to any model you download through or in connection with the Software that is licensed under the CreativeML OpenRAIL-M license or the CreativeML Open RAIL++-M license, including Stable Diffusion 1.5 and Stable Diffusion XL, and to any Derivative of the Model, as that term is defined in the applicable Model license. These restrictions are required by the Model licenses. They are in addition to, and do not limit, the other restrictions in this Agreement.

You agree not to use the Model or Derivatives of the Model:

In any way that violates any applicable national, federal, state, local or international law or regulation;
For the purpose of exploiting, harming or attempting to exploit or harm minors in any way;
To generate or disseminate verifiably false information and/or content with the purpose of harming others;
To generate or disseminate personal identifiable information that can be used to harm an individual;
To defame, disparage or otherwise harass others;
For fully automated decision making that adversely impacts an individual’s legal rights or otherwise creates or modifies a binding, enforceable obligation;
For any use intended to or which has the effect of discriminating against or harming individuals or groups based on online or offline social behavior or known or predicted personal or personality characteristics;
To exploit any of the vulnerabilities of a specific group of persons based on their age, social, physical or mental characteristics, in order to materially distort the behavior of a person pertaining to that group in a manner that causes or is likely to cause that person or another person physical or psychological harm;
For any use intended to or which has the effect of discriminating against individuals or groups based on legally protected characteristics or categories;
To provide medical advice and medical results interpretation;
To generate or disseminate information for the purpose to be used for administration of justice, law enforcement, immigration or asylum processes, such as predicting an individual will commit fraud/crime commitment (e.g. by text profiling, drawing causal relationships between assertions made in documents, indiscriminate and arbitrarily-targeted use).