Terms of Service

1. About these terms

These Terms of Service ("Terms") are an agreement between you and Epifany ("Epifany", "we", "us" or "our"), a business operated from Ontario, Canada. They govern your use of the Epifany website, the Epifany studio and dashboard, and the video-enhancement services, credits, subscriptions and storage we provide (together, the "Service").

By creating an account, accepting these Terms during onboarding, or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

The following policies form part of these Terms and apply to your use of the Service:

• Privacy Policy
• Refund Policy
• Billing, Credits and Cancellation Policy
• Digital Delivery and Storage Policy
• Acceptable Use Policy
• Service Providers

If these Terms conflict with one of those policies on a specific topic, the more specific policy applies to that topic.

2. Who can use Epifany

There is no minimum age to use Epifany. If you are under the age of majority where you live, you may use the Service only with the permission and supervision of a parent or legal guardian, who agrees to these Terms on your behalf and is responsible for your use of the Service. Purchases must be made by an adult who is authorised to use the payment method.

You must provide accurate account information and keep it up to date.

3. Your account

You are responsible for keeping your sign-in details confidential and for all activity that happens through your account. Tell us promptly at support@epifanylabs.com if you believe your account has been accessed without your permission.

If you sign in through a third-party provider (such as Google), your use of that provider is also governed by its own terms and privacy policy.

4. What Epifany provides

Epifany is a private tool that enhances video footage you supply. The Service uses automated processing, including artificial-intelligence models, to colour grade, denoise, relight, upscale and otherwise enhance your footage, and makes the processed results available for you to preview and download.

Access to processing is paid for with credits. Credits come with subscription plans or are purchased separately, as described in the Billing, Credits and Cancellation Policy. The price and what each purchase provides are shown before you pay.

We may change, add or remove features of the Service over time. We will not remove access to something you have already paid for during its paid period without providing a remedy required by applicable law.

5. Your content and ownership

"Your Content" means the videos and other material you upload, and the processed results the Service produces from them.

You keep your rights in Your Content. Epifany does not take ownership of Your Content.

You grant Epifany a limited, non-exclusive, worldwide, royalty-free licence to host, copy, transmit, process, analyse, store and deliver Your Content, through Epifany and its service providers, only as needed to operate, secure and provide the Service to you, to comply with law, and to enforce these Terms. This licence ends when Your Content is deleted from our systems, except for copies we must keep to comply with law or that remain in backups until they are overwritten in the ordinary course.

We do not use Your Content in advertising, as a public example, or to train artificial-intelligence models without your separate, express permission.

6. Your responsibilities

Epifany enhances footage you supply; it does not create, review, approve or endorse it. You are solely responsible for Your Content and how you use it. In particular, you confirm that:

• you own Your Content, or have all rights, licences and permissions needed to upload it and to have it processed by Epifany and its service providers;
• you have any consent required from people who appear in Your Content, including any consent required by privacy or publicity laws;
• your upload and your use of the results comply with all applicable laws and with our Acceptable Use Policy.

You are responsible for how you use, publish or distribute processed results. Processing a video does not make Epifany its publisher, and does not mean we endorse its contents.

7. Enhanced results

Enhancement includes artificial-intelligence processing. Processed results can contain artifacts, and details in a result may be altered, added or removed compared with the original footage. Review every result before you rely on it or publish it.

Results are not an exact or forensic record of the original footage and are not suitable as evidence of what the original footage showed. Your original upload is stored separately from the processed results, for the periods described in the Digital Delivery and Storage Policy.

8. Payments, credits and refunds

Payment terms, credits, renewals, Auto Top-Up and cancellation are described in the Billing, Credits and Cancellation Policy. Refunds are described in the Refund Policy. In summary: all credit purchases are final, including unused credits, and subscription payments, including the first payment and every renewal, are non-refundable, except where a refund is required by applicable law or described in the Refund Policy.

Prices do not include sales taxes. Applicable taxes, including Canadian GST/HST, are added at checkout and shown before you pay, as described in the Billing, Credits and Cancellation Policy.

Credits have no cash value and can be used only for the Service.

9. Storage and downloads

Files are kept for limited periods, described in the Digital Delivery and Storage Policy. You are responsible for downloading and keeping your own copies of anything you want to keep. Previews cached in your browser are not a backup.

10. Service providers

We provide the Service using third-party providers, including for hosting, databases and authentication, file storage, computing and video processing, payments and email. They are listed, with links to their own terms and privacy policies, on our Service Providers page.

Those providers operate their own systems under their own terms. We select them carefully and use them under agreements that require them to protect data, but we do not control their systems or operations. To the extent permitted by law, Epifany is not responsible for interruptions, delays, data loss or other failures caused by a service provider, a payment network, the internet or other systems outside our reasonable control.

11. Suspension and termination

You may stop using the Service at any time. You can cancel subscriptions, recurring top-ups, Auto Top-Up and archive storage in your account settings, and you can ask us to close your account by contacting support@epifanylabs.com.

We may suspend or restrict your access to all or part of the Service, or close your account, if we reasonably believe that:

• you have breached these Terms or our policies;
• we have received a credible complaint about Your Content or your use of the Service;
• it is necessary to protect the security or integrity of the Service, our users or others;
• it is required by law, by a court or other authority, or by a restriction imposed by one of our service providers; or
• a payment has failed or been disputed.

Where reasonable and lawful, we will tell you why and give you an opportunity to respond or to download Your Content.

Closing an account, or termination for breach, does not entitle you to a refund of unused credits or paid subscription periods, except where required by applicable law. Sections of these Terms that by their nature should survive termination, including sections 5 (for any copies we must keep), 6, 7 and 12 to 16, survive it.

12. Disclaimers

To the extent permitted by law, the Service is provided "as is" and "as available". We do not promise that the Service will be uninterrupted, error-free or available at any particular time, that processing will finish within a particular time, or that results will meet your requirements or be free of artifacts or altered details. To the extent permitted by law, we disclaim all implied warranties and conditions, including of merchantability, fitness for a particular purpose and non-infringement.

Nothing in these Terms excludes or limits any warranty, condition, right or remedy that cannot be excluded or limited under applicable law, including consumer protection law.

13. Limitation of liability

To the extent permitted by law:

• Epifany is not liable for any indirect, incidental, special, consequential or punitive damages, or for loss of profits, revenue, business, goodwill or data, arising out of or in connection with the Service or these Terms; and
• Epifany's total liability for all claims arising out of or in connection with the Service or these Terms is limited to the total amount you paid to Epifany in the 12 months before the event giving rise to the claim.

These limits do not apply to liability that cannot be limited under applicable law.

14. Responsibility for claims caused by your use

To the extent permitted by law, you agree to defend, indemnify and hold harmless Epifany and its owners, personnel and service providers from and against claims, losses, liabilities, damages, fines and reasonable costs (including legal fees) arising out of Your Content, your unlawful upload or use of content, your misuse of the Service, or your breach of these Terms or of anyone else's rights.

15. Changes to these Terms

We may update these Terms from time to time. We will post the updated Terms on this page with a new "Last updated" date. If a change materially affects your rights, we will give you reasonable notice by email or in the Service before it takes effect. If you continue to use the Service after a change takes effect, the updated Terms apply. If you do not agree to a change, stop using the Service and cancel any recurring purchases before the change takes effect.

16. Governing law and disputes

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada that apply there, without regard to conflict-of-law rules. Subject to any right you have under applicable consumer protection law to bring proceedings elsewhere, the courts of Ontario have exclusive jurisdiction over any dispute arising out of or in connection with the Service or these Terms.

Before starting formal proceedings, please contact us at support@epifanylabs.com so we can try to resolve the issue.

17. General

These Terms, together with the policies listed in section 1, are the entire agreement between you and Epifany about the Service. If any part of these Terms is found unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver of it. You may not transfer your rights under these Terms without our written consent; we may transfer ours in connection with a reorganisation, merger or sale of the business, with notice to you.

If we provide these Terms in a language other than English and the versions differ, the English version applies, except where applicable law requires otherwise.

18. Contact

Questions about these Terms: support@epifanylabs.com. Sales and enterprise enquiries: sales@epifanylabs.com.