EULA
Effective Date: February 5, 2026
This End User License Agreement ("Agreement") is between High Agency, Inc. ("we," "us," or "our") and you ("you" or "user"). It covers your installation and use of the Pencil software.
1. License grant
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.
2. Restrictions
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.
3. Ownership
Pencil and all related materials are owned by High Agency, Inc.
This Agreement doesn't give you ownership — only the right to use it under the license terms.
This Software is licensed to you under this Agreement. Certain paid or enterprise features may be subject to a separate written commercial agreement. All rights not expressly granted are reserved.
4. Updates
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). Any Inputs/Outputs submitted for processing are handled transiently and are not stored or recorded on our servers (including in logs, telemetry systems, caches, or storage). Any storage of Inputs/Outputs is for the user's convenience on the user's local device (e.g., browser localStorage or OS filesystem).
5. Disclaimer
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.
Third-party content
The Software may enable access to or incorporate third-party services and content (including image generation and stock images), such as Reve Image (reve.art), Google Gemini Nano Banana, and Unsplash. We may change or add providers over time. Such third-party services and content are governed by their own terms, and we are not responsible for third-party content, including its accuracy, availability, or any intellectual-property rights associated with it.
We do not store or record user Inputs or generated Outputs on our servers.
6. Limitation of liability
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 liability that cannot be limited by law (including death or personal injury caused by negligence, or fraud or willful misconduct).
7. Termination
This license ends automatically if you violate its terms.
You may also stop using Pencil at any time. Upon termination, you must cease use and uninstall the Software. Sections concerning ownership, disclaimers, limitations of liability, export control, and governing law survive termination.
8. Governing law
This Agreement is governed by the laws of the State of Delaware, USA. Exclusive jurisdiction and venue lie in the state or federal courts located in Delaware, USA.
9. Export & sanctions
You must comply with all applicable export control and sanctions laws and may not use, export, or re-export the Software in violation of such laws.
10. Contact
Questions about this license? Email hq@pencil.dev.
Mailing address:
High Agency Inc.
440 N BARRANCA AVE #2993
COVINA, CA 91723