Terms of Service

Section 01

The Service

Epox is a SaaS platform that utilizes proprietary logic and third-party Artificial Intelligence models (including Google Gemini) to ingest product data and generate visual assets for commercial, professional, and marketing purposes. The Service includes:

• Asset Generation: Tools and engines designed to generate visual content based on your inputs.
• Cloud Storage:Hosting capabilities for storing your generated assets and project files for future retrieval ("Library").
• Integrations: Tools to sync data with third-party platforms (e.g., Shopify, WooCommerce) or direct downloads.
• Evolution of AI Technologies:Merchant acknowledges that the Service relies on rapidly evolving third-party technologies. Epox reserves the right, at its sole discretion, to modify, swap, or update the underlying AI models (including but not limited to switching from Google Gemini to other Large Language Models or Image / video Generation models) at any time without prior notice. Epox guarantees that any such transition will maintain or exceed the data privacy and "No Training" protections outlined in our Privacy Policy.

Section 02

Access & Installation

• Access: Access is granted via a private installation link, access token, or direct web login.
• Platform Connection: If you connect a third-party store, you authorize us to access your data via authorized APIs (e.g., Shopify API, WooCommerce API). You are responsible for maintaining the security of your credentials.

Section 03

Intellectual Property, Ownership & Licenses

3.1 Your Input Data & Warranties

You retain full ownership of all raw product photos, logos, and descriptions ("Input Data") you upload to Epox.

• License to Epox: You grant Epox a limited, non-exclusive, worldwide license to use, host, and process your Input Data solely for the purpose of generating your requested assets and providing the Service.
• Merchant Warranty on Inputs: You represent and warrant that you own all rights, title, and interest in the Input Data. Specifically:
  • Third-Party Products: If your Input Data contains third-party products, logos, or trademarks, you warrant that you have the legal right to use and modify those assets.
  • Human Likeness & Identity: If your Input Data contains the face, likeness, distinct physical traits, voice, or any identifying markers of any human model or real person, you warrant that you have obtained a valid, written Model Release and all necessary authorizations permitting AI manipulation and commercialization.
  • End-User Disclosures (Shopify Merchants): If you operate a storefront on a platform like Shopify, you represent and warrant that your storefront Privacy Policy adequately discloses to your end-customers that third-party AI sub-processors (like Epox) may be utilized to process store data. You bear the sole responsibility for obtaining any necessary consents from your end-customers if you use Epox to process user-generated content or customer imagery.

3.2 Ownership of Generated Assets

• Assignment of Rights:Subject to your full payment of applicable fees and compliance with these Terms, Epox hereby assigns to you all right, title, and interest (if any) Epox may have in and to the specific images and videos generated by you using the Service ("Generated Assets").
• Nature of AI Rights: You acknowledge that under current international laws, AI-generated content may not be eligible for statutory copyright protection. Epox makes no representation or warranty regarding the copyrightability of the Generated Assets. The assignment in this section is limited to whatever contractual rights Epox obtains from its underlying AI providers and is permitted by law.
• No Exclusivity:You acknowledge that the underlying AI models are probabilistic. The Service may generate similar output for other users. You have no right to prevent other users from using similar AI-generated content produced independently. Merchant hereby waives any claim against Epox for 'substantial similarity' or copyright infringement arising from the fact that the Service may produce similar Output for other users based on similar prompts or inputs.
• License to Epox for Marketing:While you retain ownership of your Generated Assets, you hereby grant Epox a perpetual, worldwide, non-exclusive, royalty-free license to use, reproduce, display, and distribute the Generated Assets solely for our own internal business purposes, platform improvements, and marketing/promotional materials (e.g., featuring your renders on our website or social media to showcase Epox's capabilities).

Section 04

Acceptable Use Policy & Automated Enforcement

4.1 The Acceptable Use Policy (AUP)

Your use of the Service is strictly subject to our Acceptable Use Policy, set out in full in Section 12 below. By accessing or using the Service, you accept in its entirety and agree to be bound by our Acceptable Use Policy, which is made an integral part of these Terms by this reference. You agree not to use Epox to generate content that is unlawful, harmful, threatening, defamatory, or in violation of the specific AI restrictions detailed in the AUP.

4.2 Automated Moderation and Enforcement

To enforce the Acceptable Use Policy and mitigate the risk of intellectual property infringement, Epox employs automated filtering and technical guardrails. You acknowledge and agree that Epox reserves the absolute right to intercept, block, modify, or append additional instructions (including "negative prompts") to your Input Data and text prompts prior to asset generation. Furthermore, Epox reserves the absolute right to immediately suspend or terminate your account, without prior notice or refund, and permanently delete your Generated Assets if we determine, in our sole discretion, that you are violating the Acceptable Use Policy or attempting to generate infringing content.

• Granular Mitigation & Cease Use: In addition to the termination rights above, if Epox reasonably believes that the use of a specific Generated Asset may give rise to a third-party claim or violate the Acceptable Use Policy, Epox may, at its sole discretion, require the Merchant to immediately cease use of and delete such specific Generated Asset. Epox shall have no obligation to procure any rights, licenses, or permissions to allow continued use of any Generated Asset, nor to modify, replace, or remediate any Generated Asset.

Section 05

Fees and Payment

• Shopify Merchants:For users accessing the Service via the Shopify App Store, all fees, subscriptions, and charges are processed exclusively through the Shopify Billing API. Your billing relationship is with Shopify, and all charges will appear on your standard Shopify invoice. Refunds for Shopify merchants are subject to Shopify's App Store policies. To strictly comply with Shopify's App Store policies, merchants accessing the Service via the Shopify App Store are expressly prohibited from utilizing external checkout links or third-party Merchants of Record for Epox subscriptions; all billing for these users must occur within the Shopify ecosystem.
• Direct Web & Other Platforms: For users accessing the Service directly via the web or non-Shopify platforms, the order process is conducted by our authorized online reseller and Merchant of Record (MoR). The designated MoR is the merchant of record for all such transactions. They process all payments, handle applicable local tax (VAT/Sales Tax) collection, and their specific checkout terms, refund policies, and privacy policies apply to the payment process. By providing your payment information, you authorize our MoR to charge the applicable fees.
• Non-Payment: Failure to settle invoices may result in immediate suspension of access to the Service and Cloud Storage features.
• Refunds: All fees paid to Epox are non-refundable, except as expressly provided in a specific Service Agreement. The full refund, cancellation, and delivery terms are set out in Section 13.

Section 06

Data Retention & Storage

6.1 General Retention Policy

We store your assets in our Cloud Storage system as long as your subscription is active. If you cancel your subscription (via web or WooCommerce), we retain your assets for a 30-day grace period to allow for reactivation. After 30 days, assets may be permanently deleted.

6.2 Shopify-Specific Retention Rule

Notwithstanding Section 6.1, if you access the Service via Shopify and uninstall the Epox App, we are contractually required by Shopify to permanently delete your data. Upon receipt of the shop/redact signal from Shopify, your account data, Input Data, and stored Generated Assets will be permanently deleted within 48 hours. Due to these platform mandates, no 30-day grace period applies to Shopify uninstalls, and you are solely responsible for downloading your assets prior to uninstallation.

Section 07

AI Disclaimers, Warranties & Liability

7.1 Nature of Generative AI (The "As-Is" Clause)

You acknowledge that Artificial Intelligence is probabilistic and experimental. Epox provides the Service "AS IS" and makes no warranty regarding the quality, accuracy, or reliability of the Generated Assets.

7.2 Synthetic Human Representation & "Human-in-the-Loop"

The "human" models generated by the Service are synthetic composites. Any resemblance to a specific living individual is coincidental.

• Human-in-the-Loop Requirement:You acknowledge that AI generation is non-deterministic and may produce unintended artifacts. You represent and warrant that you will review every Generated Asset prior to publication. You agree to assume the role of "Publisher" for all legal purposes, and you release Epox from any liability regarding the content of the Generated Assets once downloaded or published to your store. Epox does not guarantee the legality, accuracy, or suitability of the Generated Assets and accepts no liability arising from the Merchant's use of them. Because generative AI is non-deterministic, the Service may spontaneously output visual elements that resemble identifiable human likenesses or celebrities without explicit prompting. Merchant assumes absolute liability for such generations and warrants that they will independently clear, obscure, or alter any recognizable faces or likenesses prior to commercial publication, regardless of how they were generated.

7.3 Incidental Third-Party IP and Mandatory Mitigation

The Service relies on foundational AI models. Consequently, the Service may generate background elements, clothing, or accessories that resemble real-world commercial products, logos, trade dress, or protected architecture ('Incidental IP'). Epox does not provide IP clearance services and does not control the base training data. Merchant acknowledges that the use of Generated Assets in commerce is at Merchant's sole risk.

• Merchant Affirmative Duty: Merchant is strictly prohibited from publishing any Generated Asset containing recognizable Incidental IP. Merchant assumes the affirmative duty to actively utilize negative prompting, cropping, blurring, or post-generation editing tools to remove any Incidental IP prior to commercial publication. Furthermore, Epox assumes no liability for AI outputs that infringe upon registered trademarks, trade dress, or design patents recorded on any public register. The Merchant bears the sole burden and affirmative duty of searching applicable public intellectual property registers prior to the commercial publication of any Generated Asset to ensure non-infringement.

7.4 Product Fidelity and Merchant Responsibility

Epox is a creative tool, not a product verification service. Because AI generation is probabilistic, the Service may introduce "hallucinations" or alterations to your Input Data. This includes, but is not limited to: color shifts, changes in material texture, scaling/proportion inaccuracies, warped logos, or the addition/removal of structural elements (e.g., zippers, buttons, seams). You are strictly responsible for reviewing every Generated Asset to ensure it accurately represents the physical product you sell prior to publication. Epox shall not be liable for any claims of "false advertising," consumer returns, "item not as described" disputes, or deceptive trade practices arising from your failure to catch and remove hallucinated product inaccuracies.

7.5 Limitation of Liability and Tiered Caps

To the maximum extent permitted by law, Epox shall not be liable for any indirect, incidental, special, or consequential damages. For standard, self-serve subscription tiers, our total aggregate liability for any claim shall not exceed the amount you paid to Epox in the twelve (12) months preceding the claim, or $100 USD, whichever is greater. We expressly disclaim any obligation to indemnify self-serve users for third-party intellectual property claims. For Enterprise customers operating under a custom, manually executed Service Agreement, liability caps and IP indemnification provisions shall be governed exclusively by the terms negotiated within that specific Enterprise agreement.

7.6 Third-Party Platform Waiver (Shopify)

If you access the Service via Shopify, you acknowledge and agree that the Service is provided solely by Epox, not by Shopify. Shopify is not responsible for the Service, its functionality, or any Generated Assets. To the maximum extent permitted by law, you hereby waive any and all claims against Shopify Inc. arising out of or related to your use of Epox.

7.7 Native Media Uploads & CDN Hosting

When the Service pushes Generated Assets directly to your connected e-commerce platform (e.g., to a Shopify Product Detail Page), the assets are delivered as standard media files. Because Epox does not inject custom code into your live storefront theme, Epox shall not be liable for any theme corruption, display errors, or website downtime. Furthermore, once an asset is successfully pushed, it is hosted entirely on your platform's native Content Delivery Network (e.g., Shopify's CDN). Upon uninstallation of the Epox app, Epox will not—and is not responsible for—removing, deleting, or managing Generated Assets that have already been pushed to your platform; these files will remain safely in your platform's native media library.

Section 08

Indemnification

You agree to indemnify, defend, and hold harmless Epox, its officers, directors, employees, and AI licensors from and against any and all claims, allegations, fines, settlements, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with:

• Your Input Data:Any claim that your Input Data infringes the rights of a third party, including, without limitation, all legal fees and costs associated with responding to third-party subpoenas, DMCA notices, or enforcement actions by Platform Providers (e.g., Shopify, WooCommerce) arising from Merchant's Input Data;
• Your Prompts (Including Reckless Prompting):Any claim arising from your specific instructions to the AI. Your obligation to indemnify Epox remains absolute if you knowingly or recklessly utilize prompts intended to replicate a protected work, including referencing a third-party brand's unique aesthetics, composition, or styling, even if the brand name itself is explicitly omitted;
• Your Use of Output:Any claim that your publication of the Generated Assets infringes on a third party's trademark, copyright, or right of publicity;
• Violation of Terms: Your breach of Section 4 (Acceptable Use) or Section 12 (the Acceptable Use Policy in full).
• Failure to Mitigate: Any claim, demand, or lawsuit brought by a third-party brand or rights-holder alleging trademark infringement, unfair competition, or false association arising from your failure to remove, blur, or clear Incidental IP (as defined in Section 7.3) from the Generated Assets prior to your commercial use or publication.

8.1 Indemnification Procedure

The Merchant shall promptly notify Epox in writing of any claim or threatened claim for which indemnification is sought. The Merchant shall not make any admission of liability, statement of fault, or settlement relating to the claim without Epox's prior written consent. Epox shall have the right, but not the obligation, to assume exclusive control of the defense and settlement of the claim, at Epox's discretion. The Merchant shall provide Epox with all information and materials reasonably deemed necessary to assess, defend, or settle the claim.

Section 09

Governing Law & Dispute Resolution

These Terms shall be governed by the laws of the State of Israel, without regard to its conflict of law provisions. Any dispute arising under or in relation to these Terms shall be resolved exclusively in the competent courts of Tel Aviv-Yafo, Israel. You hereby consent to the personal jurisdiction of such courts and waive any defense of forum non conveniens.

Section 10

DMCA Copyright Policy

Epox respects the intellectual property rights of others. If you believe that material located on or linked to by Epox violates your copyright, you are encouraged to notify Epox in accordance with the Digital Millennium Copyright Act ("DMCA"). Epox will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material.

Formal notice to our Designated Agent:

• Name: Designated Agent
• Address: Sapir St 7, 1. Gan Yavne, Israel
• Email: hello@epox.ai
• Phone: +972-88570949
• Registration Number: DMCA-1070007

Your notice must be in writing and include the following information:

• Specific identification of the copyrighted work claimed to have been infringed.
• Detailed description of where the infringing material is located on the Service (provide URLs if possible).
• Contact information of the complainant, including full name, address, phone number, and email address.
• A statement of good faith that the use of the material is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the notification is accurate and, under penalty of perjury, that the complainant is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• Physical or electronic signature of the rights owner or authorized representative.

Warning: Fraudulent claims, misrepresentations, or misuse of this process can result in the immediate termination of your account and exposure to legal liability for damages.

• Repeat Infringer Policy: In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Epox has adopted and implements a policy of terminating, in appropriate circumstances, the accounts of subscribers or account holders who are deemed to be repeat infringers. Furthermore, Epox may, at its sole discretion, limit access to the Service and/or immediately terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Section 11

Contact Information

For legal inquiries, please contact us at: support@epox.ai