EULA

We grant you a limited, non-exclusive, non-transferable license to install and use Pencil for your personal or professional use, subject to this Agreement. If we introduce paid or enterprise features, those features may be subject to additional terms or a separate written agreement.

The Software requires you to create an account and authenticate upon launch. This authentication exists solely to (a) validate that you hold an active license for the Software, and (b) verify your identity against the licensed account.

The only personal data transmitted to and stored on High Agency, Inc. servers in connection with your account is your email address and password credentials (transmitted over encrypted channels). No Inputs, Outputs, or other user content is exchanged with our servers during or after authentication.

You are responsible for keeping your account credentials secure and for all activity under your account.

You may not:

• Copy, modify, or redistribute Pencil
• Reverse-engineer or decompile the software
• Rent, lease, or sublicense Pencil to others
• Use Pencil in violation of any law or regulation

You must not scrape, crawl, bulk-export, or extract datasets from the Software or any outputs it produces, and you must not use the Software or outputs to develop, train, or improve any model or service that competes with ours, except under a separate written agreement with High Agency, Inc. Do not submit or process high-risk data (including payment card data, bank or government ID numbers, health information, biometric identifiers/templates, precise geolocation, minors' data, or GDPR special-category data) without our prior written consent and appropriate safeguards.

Software. Pencil and all related materials are owned by High Agency, Inc. This Agreement does not give you ownership — only the right to use the Software under the license terms. The Software is licensed, not sold. Certain paid or enterprise features may be subject to a separate written commercial agreement. All rights not expressly granted are reserved.

Inputs. You retain ownership of any content you create or submit through Pencil ("Inputs"). Inputs from text-based AI features are exchanged directly between your device and third-party AI providers and do not pass through High Agency, Inc. servers. To the limited extent any technical processing on our infrastructure is necessary to facilitate image generation features, you grant us a limited, non-exclusive license for that sole purpose.

Outputs. As between you and us, you own the AI-generated outputs produced for you ("Outputs"), subject to any third-party rights. Because Outputs are generated by the underlying third-party AI provider, you should also review the applicable provider's terms of service. We do not guarantee that Outputs are unique or non-infringing, and you are responsible for reviewing and using them lawfully.

Model training. Inputs and Outputs from text-based AI features are exchanged directly between your device and third-party AI providers and do not pass through our servers; we have no access to them and do not train any models on them. The third-party AI provider's model training and data use practices are governed by their own terms.

We may provide updates or improvements to Pencil. These may install automatically or require your approval, depending on your settings.

The Software may send minimal diagnostics/usage data necessary to operate and secure the product, as described in our Privacy Policy. Such diagnostics/usage data does not include user Inputs or generated Outputs (no prompts, no generated content, no source code).

Text-based AI features. Inputs and Outputs from text-based AI features (e.g., code generation, design assistance, chat completions) are exchanged directly between your device and the relevant third-party AI provider (such as Anthropic or OpenAI). They do not pass through, and are not stored, recorded, logged, or cached on, High Agency, Inc. servers at any time.

Image generation features. Image-related features operate differently. Requests and any content you intentionally submit for image generation are transmitted through High Agency, Inc. servers to the relevant third-party image provider. This transmission is the minimum technically necessary to fulfill your request. We do not store, record, log, or cache this content on our servers — it is forwarded to the third-party provider in real time and not retained.

Any local storage of Inputs or Outputs occurs solely on your device (e.g., browser localStorage or OS filesystem) for your convenience.

Pencil is provided "as is" and "as available." You are solely responsible for reviewing, validating, and deciding whether to use any outputs or suggestions.

We make no warranties regarding its performance, accuracy, availability, or reliability. Pencil may use AI models to generate content or suggestions. AI outputs can be imperfect, biased, or unexpected. We don't guarantee that any output is accurate, appropriate, or fit for a particular purpose.

Do not rely on the Software or its outputs in safety-critical or life-critical contexts (e.g., medical or clinical use, emergency services, aviation, automotive control systems, industrial control, energy, defense), or in any scenario where failure could result in personal injury, death, or significant property or environmental damage.

Third-party AI providers (text-based features). The Software enables your device to connect directly to third-party AI providers (such as Anthropic and OpenAI) to generate content or suggestions. These services are governed by the applicable provider's terms of service and privacy policies, and we are not responsible for their performance, availability, content, or data handling practices.

Third-party image services and stock content. Certain features use third-party services to generate or source images, including Reve Image (reve.art), Google Gemini Nano Banana, and Unsplash. We may change or add providers over time. Image generation features operate differently from text-based AI features: your request and any content you intentionally submit are transmitted through High Agency, Inc. servers to the relevant third-party image provider in real time and are not stored, recorded, logged, or cached on our servers. Third-party services and content are subject to their own terms (including any attribution or usage requirements), and we disclaim responsibility for third-party content and do not guarantee its accuracy, legality, availability, or non-infringement.

To the maximum extent permitted by law, High Agency, Inc. will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenues, business, goodwill, or data, arising out of or relating to the Software. Our total aggregate liability for all claims will not exceed the greater of (a) USD 100 or (b) the amounts you paid to us for the Software during the twelve (12) months before the event giving rise to the claim. This limitation applies to all theories of liability (contract, tort, statute, and otherwise). This cap does not apply to (i) liability that cannot be limited by applicable law (including death or personal injury caused by negligence, or fraud or willful misconduct), or (ii) your indemnification obligations under this Agreement or any related agreement with High Agency, Inc.

For enterprise or commercial deployments, a separate written agreement may modify this limitation of liability.

This Agreement governs your installation and use of the Software. Your use of any related online services is also subject to our Terms of Use, and our handling of personal data is described in our Privacy Policy, each available at pencil.dev.

If there is a conflict between this Agreement and the Terms of Use, this Agreement controls for matters concerning the software and extension; the Terms of Use control for the services generally. For privacy matters, the Privacy Policy governs.

If you have entered into a separate written commercial or enterprise agreement with High Agency, Inc. that covers the Software, the terms of that agreement control in case of conflict with this Agreement.

Questions about this license? Email hq@pencil.dev or visit pencil.dev.