Terms of Service

1. Agreement to Terms

By accessing or using Epic Write LLC's ("Epic Write," "we," "us," or "our") services at epicwrite.ai (the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.

These Terms constitute a legally binding agreement between you and Epic Write LLC. We reserve the right to update these Terms at any time, and continued use of the Service constitutes acceptance of modified Terms.

2. Eligibility

You must be at least 13 years old to use the Service. If you are under 18, you represent that you have parental or guardian consent to use the Service.

By using the Service, you represent and warrant that:

• You have the legal capacity to enter into these Terms
• All registration information you submit is truthful and accurate
• You will maintain the accuracy of such information
• Your use of the Service complies with all applicable laws and regulations

3. Account Registration

To access certain features of the Service, you must register for an account. You agree to:

• Accurate Information: Provide accurate, current, and complete information during registration
• Account Security: Maintain the security of your password and account
• Unauthorized Access: Notify us immediately of any unauthorized access or security breach
• Account Responsibility: Accept responsibility for all activities that occur under your account
• One Account: Maintain only one account per person (no duplicate accounts)

We reserve the right to suspend or terminate accounts that violate these Terms or engage in fraudulent activity.

4. Subscription Plans and Billing

4.1 Subscription Tiers

Epic Write offers multiple subscription tiers with varying features, usage limits, and pricing. Current plans and pricing are available on our pricing page and subject to change with notice.

4.2 Payment Terms

• Billing Cycle: Subscriptions are billed monthly or annually based on your selected plan
• Auto-Renewal: Subscriptions automatically renew unless canceled before the renewal date
• Payment Method: You must provide a valid payment method (credit card, debit card, or other accepted methods)
• Failed Payments: If payment fails, we may suspend or terminate your account after reasonable notice
• Price Changes: We reserve the right to change pricing with 30 days' notice

4.3 Free Tier

We offer a free tier with limited features and usage. Free tier access may be modified, restricted, or discontinued at any time.

4.4 Refunds and Cancellations

• Cancellation: You may cancel your subscription at any time from your account settings
• Effect of Cancellation: Upon cancellation, you retain access until the end of your current billing period
• No Refunds: Subscription fees are non-refundable except as required by law or at our sole discretion
• Promotional Offers: Promotional pricing may have additional terms and conditions

4.5 Taxes

Prices do not include applicable taxes. You are responsible for paying all taxes associated with your subscription.

5. Content Ownership and Licensing

5.1 Your Content

You Own Your Content: You retain full ownership of all intellectual property rights in the stories, characters, scenes, projects, and other creative works you create using the Service ("Your Content").

License Grant to Us: To provide the Service, you grant Epic Write a limited, worldwide, non-exclusive, royalty-free license to host, store, process, display, and transmit Your Content solely for the purpose of operating and improving the Service. This license terminates when you delete Your Content or close your account, except for:

• Content shared publicly or with other users (subject to their continued access)
• Backup copies retained for a reasonable period (up to 90 days)
• Anonymized, aggregated data used for analytics and AI improvement

5.2 AI-Generated Content

Ownership: You own AI-generated suggestions, completions, and content created through your use of the Service.

No Guarantees: AI-generated content is provided as-is. We do not guarantee uniqueness, accuracy, originality, or fitness for any particular purpose. You are responsible for reviewing and editing AI-generated content before use.

Third-Party Rights: You are responsible for ensuring that your use of AI-generated content does not infringe third-party intellectual property rights.

5.3 Epic Write's Intellectual Property

The Service, including its software, algorithms, user interface, design, trademarks, logos, and all related intellectual property, is owned by Epic Write LLC and protected by copyright, trademark, and other laws.

You may not:

• Copy, modify, or create derivative works of the Service
• Reverse engineer, decompile, or disassemble the Service
• Remove or modify any proprietary notices or labels
• Use Epic Write's trademarks without written permission

5.4 Feedback

If you provide feedback, suggestions, or ideas about the Service, you grant Epic Write a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such feedback without compensation or attribution.

6. AI Usage and Content Processing

6.1 AI Features

Epic Write uses artificial intelligence ("AI") to provide writing assistance, suggestions, analysis, and content generation. AI features include but are not limited to:

• Writing suggestions and completions
• Grammar and style analysis
• Character and plot development assistance
• Content summarization and organization
• Conversational AI assistant (Brinley AI)

6.2 AI Training and Data Use

Your Content: We do NOT use your specific stories, characters, or creative works to train AI models without your explicit opt-in consent.

Aggregated Data: We may use aggregated, anonymized, and de-identified data to improve our AI models and Service. This data cannot be traced back to you or your specific content.

Processing: Your Content is processed by AI systems temporarily to provide immediate assistance and suggestions. This processing does not constitute training data unless you explicitly opt-in.

6.3 AI Limitations and Disclaimers

You acknowledge and agree that:

• AI-generated content may contain errors, inaccuracies, or biases
• AI suggestions are not guaranteed to be original or non-infringing
• You are responsible for reviewing, editing, and verifying all AI-generated content
• AI features may be modified, limited, or discontinued at any time
• We are not liable for any damages resulting from your use of AI features

7. Acceptable Use Policy

You agree NOT to use the Service to:

7.1 Prohibited Content

• Create, upload, or share illegal, harmful, or offensive content
• Violate intellectual property rights, privacy rights, or other legal rights
• Distribute malware, viruses, or malicious code
• Engage in harassment, bullying, hate speech, or threats
• Share sexually explicit content involving minors
• Promote violence, terrorism, or illegal activities

7.2 Prohibited Activities

• Attempt to gain unauthorized access to the Service or other accounts
• Interfere with or disrupt the Service's operation or infrastructure
• Use automated tools to scrape, mine, or harvest data from the Service
• Circumvent usage limits, paywalls, or access controls
• Impersonate others or provide false information
• Sell, rent, or transfer your account to others
• Use the Service for commercial purposes without authorization (e.g., reselling AI services)

7.3 Enforcement

Violation of this Acceptable Use Policy may result in:

• Content removal
• Account suspension or termination
• Legal action and cooperation with law enforcement
• No refund of subscription fees

8. Usage Limits and Fair Use

Subscription plans include specific usage limits (e.g., AI requests per month, storage capacity, API calls). Exceeding these limits may result in:

• Temporary throttling or service interruption
• Additional fees for overage
• Requirement to upgrade to a higher-tier plan

Fair Use: We reserve the right to enforce fair use policies to prevent abuse that degrades Service performance for other users.

9. Data Security and Privacy

We take data security seriously and implement industry-standard measures to protect Your Content. However:

• No system is 100% secure; we cannot guarantee absolute security
• You are responsible for maintaining the confidentiality of your account credentials
• Our Privacy Policy governs the collection and use of your personal information

For detailed information about data handling, see our Privacy Policy.

10. Third-Party Services

The Service may integrate with or link to third-party services, websites, or applications. We are not responsible for:

• The availability, accuracy, or content of third-party services
• Third-party terms, policies, or practices
• Any damages resulting from your use of third-party services

Your use of third-party services is governed by their respective terms and policies.

11. Termination

11.1 Termination by You

You may terminate your account at any time by:

• Canceling your subscription in account settings
• Contacting support to request account deletion

11.2 Termination by Us

We may suspend or terminate your account immediately, without notice, if:

• You violate these Terms or our Acceptable Use Policy
• Your account is involved in fraudulent or illegal activity
• Payment fails and you do not provide valid payment information
• Required by law or court order
• Necessary to protect the Service, our users, or the public

11.3 Effect of Termination

Upon termination:

• Your right to use the Service immediately ceases
• We may delete Your Content within 30 days (export your data before termination)
• No refunds will be issued for unused subscription time
• Provisions that by their nature should survive termination will survive (e.g., ownership, warranties, indemnification, limitations of liability)

12. Disclaimers and Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

To the fullest extent permitted by law, Epic Write disclaims all warranties, including but not limited to:

• Merchantability: The Service is fit for a particular purpose
• Non-Infringement: The Service does not violate third-party rights
• Availability: The Service will be uninterrupted, secure, or error-free
• Accuracy: AI-generated content is accurate, complete, or reliable
• Data Loss: Your Content will not be lost, corrupted, or deleted

We do not warrant that:

• The Service will meet your specific requirements
• Defects or errors will be corrected
• The Service is free from viruses or harmful components

Beta Features: Features labeled as "beta," "experimental," or "preview" are provided without warranty and may be discontinued or changed at any time.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EPIC WRITE LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, data, or business opportunities
• Loss of or corruption of Your Content
• Cost of substitute services
• Personal injury or property damage
• Damages arising from use of AI-generated content

Maximum Liability: Our total liability to you for all claims arising from or related to the Service shall not exceed the greater of:

• The amount you paid to Epic Write in the 12 months preceding the claim, or
• $100 USD

Some jurisdictions do not allow the exclusion or limitation of certain warranties or damages. In such jurisdictions, our liability is limited to the fullest extent permitted by law.

14. Indemnification

You agree to indemnify, defend, and hold harmless Epic Write LLC, its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from or related to:

• Your use or misuse of the Service
• Your violation of these Terms
• Your violation of any law or regulation
• Your Content or any content you submit, post, or transmit through the Service
• Your infringement of any third-party intellectual property or privacy rights
• Your use of AI-generated content

We reserve the right to assume exclusive defense and control of any matter subject to indemnification, in which case you will cooperate with us in asserting any available defenses.

15. Dispute Resolution and Arbitration

15.1 Informal Resolution

Before filing a claim, you agree to contact us at legal@epicwrite.ai to attempt informal resolution. We will attempt to resolve disputes in good faith for 60 days.

15.2 Binding Arbitration

If informal resolution fails, any dispute arising from or relating to these Terms or the Service shall be resolved through binding arbitration, except for:

• Small claims court disputes (if within jurisdiction limits)
• Intellectual property disputes
• Injunctive relief to prevent unauthorized use of the Service

Arbitration will be conducted by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration will take place in the United States, and judgment on the award may be entered in any court of competent jurisdiction.

15.3 Class Action Waiver

You agree to resolve disputes with Epic Write on an individual basis only. You waive the right to participate in class actions, class arbitrations, or representative actions.

15.4 Opt-Out

You may opt out of arbitration by sending written notice to legal@epicwrite.ai within 30 days of first accepting these Terms.

16. Governing Law and Jurisdiction

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles.

For disputes not subject to arbitration, you agree to submit to the exclusive jurisdiction of the state and federal courts located in Delaware.

17. Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be effective:

• Material Changes: 30 days after notice via email or in-app notification
• Non-Material Changes: Immediately upon posting to the Service

Your continued use of the Service after changes take effect constitutes acceptance of the modified Terms. If you do not agree to the changes, you must cancel your account.

18. General Provisions

18.1 Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Epic Write regarding the Service.

18.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

18.3 Waiver

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

18.4 Assignment

You may not assign or transfer these Terms or your account without our written consent. We may assign these Terms without restriction.

18.5 Force Majeure

We are not liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, natural disasters, pandemics, government actions, or internet/telecommunications failures.

18.6 Export Control

You agree to comply with all applicable export and import laws and regulations. You may not use the Service in violation of U.S. export laws or regulations.

18.7 U.S. Government Rights

The Service is a "commercial item" as defined at 48 C.F.R. 2.101, consisting of "commercial computer software" and "commercial computer software documentation." If acquired by or on behalf of any U.S. Government agency, the Service is provided with Restricted Rights as defined in 48 C.F.R. 52.227-19 or DFARS 252.227-7013, as applicable.

19. Contact Information

For questions, concerns, or notices regarding these Terms: