Terms of Service

Version: 2026.01.31

Effective Date: January 31, 2026

Last Updated: January 31, 2026

1. Acceptance of Terms

1.1 Agreement

These Terms of Service ("Terms") govern your access to and use of the Epochly

software, services, website, APIs, and related documentation (collectively, the

"Service"), provided by the Epochly, Inc. ("Epochly," "we," "us," or

"our").

1.2 Acceptance Methods

By using the Service, you agree to these Terms through one of the following

mechanisms:

• Browsewrap (Community Edition): Installing or using the Software constitutes

acceptance of these Terms. The Community Edition requires no registration.

• Clickwrap (Trial and Paid Tiers): Activating a trial license or purchasing a

subscription requires explicit acceptance via CLI prompt, web form, or the

--accept-terms flag.

• Environment Variable: For CI/CD and automated environments, setting

EPOCHLY_ACCEPT_TERMS=1 constitutes acceptance on behalf of the authorized user

or organization.

1.3 Authority

If you are accepting these Terms on behalf of an organization, you represent and

warrant that you have the authority to bind that organization to these Terms.

1.4 Age Requirement

You must be at least sixteen (16) years of age if located in the European Union

or European Economic Area, or at least thirteen (13) years of age in all other

jurisdictions, to use the Service.

1.5 Supplemental Terms

Purchases are processed by Epochly's designated payment processor, acting as

Merchant of Record. The payment processor's terms of service and privacy policy

apply to all payment transactions and supplement these Terms. The current payment

processor is identified at https://www.epochly.com/pricing.

2. Description of Service

2.1 Overview

Epochly is a Python performance optimization framework that provides transparent,

zero-configuration acceleration through five progressive Enhancement Levels:

• Level 0: Performance Monitoring
• Level 1: Threading Optimization
• Level 2: JIT Compilation
• Level 3: Multi-core Parallelism
• Level 4: GPU Acceleration

2.2 Components

The Service includes:

• The Epochly Python library (installed via pip install epochly)
• Command-line interface (CLI) tools
• License validation API (api.epochly.com)
• Performance dashboard
• Deployment tools
• Documentation

2.3 Service Evolution

The Service may evolve over time. We may add, modify, or remove features with

reasonable notice. Paid tier features are subject to the commitments in your

subscription agreement.

3. Account Registration and Trial

3.1 Trial Availability

Epochly offers a free thirty (30) day trial of the Professional Edition to

evaluate full capabilities before purchase.

3.2 Trial Activation

Trial activation requires:

• A valid email address for verification via magic link
• Machine fingerprint generation on the target device
• Acceptance of these Terms and the Privacy Policy

3.3 Trial Limitations

• One (1) trial per email address (lifetime)
• One (1) trial per device (lifetime)
• Thirty (30) calendar days from activation
• The email address is cryptographically bound to the device

3.4 Trial Expiration

Upon trial expiry:

• The Software automatically degrades to Community Edition
• No user action is required
• No data loss occurs
• All code continues to function (at Community tier limits)

3.5 Reminder Schedule

Epochly sends email reminders at fifteen (15), seven (7), and one (1) day(s)

before trial expiration. A final notification is sent upon expiration.

3.6 Abuse Prevention

Epochly reserves the right to deny trial requests for abuse prevention, including

but not limited to multiple trial requests from the same individual using

different email addresses, automated trial abuse, or violation of trial policies.

4. Subscription and Payment Terms

4.1 Merchant of Record

All payments are processed by Epochly's designated payment processor, acting as

Merchant of Record. The payment processor handles tax compliance, invoicing,

refunds, and payment processing on our behalf. The current payment processor is

identified at https://www.epochly.com/pricing.

4.2 Pricing

Current pricing is published at https://www.epochly.com/pricing and may be updated

from time to time. Pricing includes Professional (monthly and annual billing)

and Enterprise (custom pricing) tiers.

4.3 Billing

• Subscriptions auto-renew unless cancelled before the next billing cycle
• Monthly subscriptions renew on the same day each month
• Annual subscriptions renew on the anniversary date

4.4 Price Changes

Price changes take effect with at least thirty (30) days' notice. Existing

subscriptions are honored at the current rate until the next renewal cycle after

the notice period.

4.5 Non-Payment

Non-payment or subscription cancellation results in graceful degradation to

Community Edition. The Software does not lock out users, crash, or lose data.

Professional features become unavailable, but all Community features remain

functional.

4.6 Refunds

Refund requests are handled by the designated payment processor in accordance

with their refund policy and applicable consumer protection laws.

5. License Tiers and Feature Access

5.1 Tier Summary

5.2 Programmatic Enforcement

Tier limits are enforced programmatically at runtime. The Software uses graceful

degradation: exceeding a limit results in falling back to the tier's maximum,

never in crashes, errors, or data loss.

5.3 Offline Operation

• Community: Works fully offline with no license validation required
• Professional: Seven (7) calendar day offline grace period. After the grace

period, the Software degrades to Community until connectivity is restored

• Enterprise: Fourteen (14) or more calendar days as negotiated. Offline-only

licenses are available for air-gapped environments

5.4 Graceful Degradation

The Software never crashes due to licensing:

• Exceeding core limits: falls back to tier maximum
• GPU not licensed: falls back to CPU
• License validation failure: falls back to Community
• Offline beyond grace period: falls back to Community

6. Acceptable Use Policy

6.1 Permitted Use

You may use the Service for:

• Commercial and non-commercial Python performance optimization
• Development, testing, and production workloads (per your tier)
• Academic research and education
• Building applications that import Epochly as a dependency

6.2 Prohibited Activities

You may not:

• Reverse engineer compiled components (.so, .pyd, .dylib files), the

native_guard module, or any obfuscated code

• Circumvent license enforcement mechanisms, Machine Fingerprinting, tier

limits, or feature gates

• Spoof hardware identifiers or Machine Fingerprints
• Obtain multiple trials using different email addresses or devices for the

same individual or entity

• Redistribute the Software as a standalone package on PyPI, package

repositories, or distribution channels

• Use for Competitive Activity as defined in the ESLA Section 7 and subject

to the moderate restrictions described therein

• Abuse the API including excessive requests, automated scraping, or denial

of service

• Share License Keys between individuals, devices, or organizations not

covered by your license

6.3 Enforcement

Violation of the Acceptable Use Policy may result in license revocation,

account suspension, or termination of service.

7. Data Collection and Privacy

7.1 Summary of Data Collection

The Service collects:

• Machine Fingerprint: Hardware attributes hashed into a one-way SHA-256

digest for license enforcement (see ESLA Section 3)

• License Validation: License key hash, machine fingerprint hash, software

version, and validation timestamps

• Operational Telemetry (Opt-Out, enabled by default as of v0.3.62):
• Community: machine_id (SHA-256 hardware hash, no PII), OS, Python version,

Epochly version, CPU count, arch, event_type — anonymous, no registration

• Trial/Paid: additionally includes module names, compatibility status,

function identifiers (names only), performance metrics, resource utilization

(CPU/memory/GPU aggregate percentages), workload classification labels

• No IP addresses stored. Set EPOCHLY_DISABLE_TELEMETRY=1 to opt out.

7.2 What is NOT Collected

The Service does NOT collect:

• Source code, function bodies or implementations, or file contents
• File paths or directory structures
• Variable names or values
• User data processed by your applications
• Passwords, API keys, credentials, or financial information
• Browsing history, keystrokes, or screenshots

7.3 Opt-Out Mechanisms

• Telemetry (enabled by default): Set EPOCHLY_DISABLE_TELEMETRY=1

(preferred) or EPOCHLY_TELEMETRY=0, or configure ~/.epochly/config.yaml

• Offline Mode: Set EPOCHLY_OFFLINE_MODE=1 to disable all network

communication (degrades to Community after grace period)

7.4 Privacy Policy

For complete details on data collection, processing, retention, and your rights

under GDPR, CCPA, and other regulations, see our

Privacy Policy or visit

https://www.epochly.com/privacy.

8. Intellectual Property

8.1 Ownership

The Service, including all source code, compiled components, documentation,

trademarks, and trade secrets, is the proprietary property of the Epochly

Development Team and is protected by copyright law and international treaties.

8.2 Trademarks

"EPOCHLY" and associated logos are trademarks of the Epochly, Inc..

Use of these trademarks requires prior written consent except for accurate

identification of the Software in documentation.

8.3 Your Code

You retain all ownership rights in applications you create using the Service.

These Terms do not transfer any rights in your applications to Epochly.

8.4 Third-Party Components

The Software includes third-party open-source components governed by their

respective licenses. See the NOTICE file included with the Software for

attribution details.

9. Warranty Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND,

EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF

MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

EPOCHLY DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, THAT

OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT SPECIFIC PERFORMANCE

IMPROVEMENTS WILL BE ACHIEVED. PERFORMANCE RESULTS VARY BASED ON HARDWARE,

WORKLOADS, AND CONFIGURATION.

THE COMMUNITY EDITION IS PROVIDED WITHOUT SUPPORT OBLIGATIONS.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EPOCHLY SHALL NOT BE LIABLE

FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES,

INCLUDING DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, OR DATA USE.

EPOCHLY'S TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE GREATER OF: (A) AMOUNTS

PAID BY YOU DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (B) ONE

HUNDRED U.S. DOLLARS ($100 USD).

THESE LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF

EPOCHLY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11. Indemnification

11.1 Your Indemnification

You agree to indemnify, defend, and hold harmless Epochly and its officers,

directors, employees, and agents from any claims, damages, losses, and expenses

(including reasonable attorneys' fees) arising from:

• Your violation of these Terms or the Acceptable Use Policy
• Your unauthorized use of the Service
• Your violation of export control laws
• Any claim that your application built with the Service infringes third-party

rights

11.2 Enterprise Indemnification

Enterprise Agreement holders may receive IP indemnification from Epochly as

specified in their Enterprise Agreement.

12. Termination and Suspension

12.1 Termination by Epochly

Epochly may terminate or suspend your access if you:

• Materially breach these Terms
• Circumvent or attempt to circumvent license enforcement
• Engage in prohibited Competitive Activity
• Commit fraud, piracy, or unauthorized redistribution
• Fail to pay subscription fees (results in degradation, not termination)

12.2 Termination by You

You may terminate at any time by:

• Uninstalling the Software and destroying all copies
• Canceling your subscription through the payment processor or your account

portal

12.3 Community Edition Persistence

The Community Edition license is perpetual for the installed version, subject

only to termination for egregious violations (fraud, circumvention, piracy).

Standard subscription cancellation results in degradation to Community, not

termination.

12.4 Subscription Cancellation

Subscription cancellation takes effect at the end of the current billing cycle.

You retain Professional tier access until the cycle ends.

12.5 Surviving Provisions

Sections 6.2 (Prohibited Activities), 8 (Intellectual Property), 9 (Warranty

Disclaimers), 10 (Limitation of Liability), 11 (Indemnification), 13 (Governing

Law), and 16 (Miscellaneous) survive termination.

13. Changes to Terms

13.1 Notification

Material changes to these Terms will be communicated with at least thirty (30)

days' notice via:

• Email (for registered users with email on file)
• The Software's CLI messaging system
• The Epochly website (https://www.epochly.com/terms)

13.2 Acceptance

Continued use of the Service after the effective date of changes constitutes

acceptance. If you disagree with changes, your sole remedy is to stop using the

Service and cancel your subscription.

13.3 Version History

Previous versions of these Terms are maintained at

https://www.epochly.com/legal/terms/history.

14. Governing Law and Dispute Resolution

14.1 Governing Law

These Terms are governed by the laws of the State of Delaware, United States of

America, without regard to conflict of law provisions.

14.2 Arbitration

Disputes where the amount in controversy is less than $250,000 USD shall be

settled by binding arbitration under the rules of the American Arbitration

Association, in Wilmington, Delaware.

14.3 Opt-Out

You may opt out of the arbitration provision by sending written notice to

legal@epochly.com within thirty (30) days of first accepting these Terms.

14.4 Class Action Waiver

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN

INDIVIDUAL BASIS AND NOT AS A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

14.5 Informal Resolution

Before initiating formal dispute resolution, both parties agree to attempt

informal resolution for sixty (60) days from written notice. Contact:

legal@epochly.com.

15. Export Compliance

You shall comply with all applicable export laws and regulations of the United

States, including the Export Administration Regulations (EAR). The Software

contains cryptographic components (Ed25519, AES-256, SHA-256, HMAC-SHA256) that

may be subject to export controls.

You represent that you are not: (a) located in a country subject to U.S. trade

sanctions or embargoes; (b) on any U.S. government denied-party list; or (c)

intending to use the Software for prohibited purposes.

16. Miscellaneous

16.1 Severability

If any provision of these Terms is held unenforceable, it shall be reformed to

the minimum extent necessary, and the remaining provisions continue in full

force.

16.2 Waiver

Failure to enforce any provision does not constitute a waiver of that provision.

16.3 Entire Agreement

These Terms, together with the ESLA, Privacy Policy, and any applicable

Enterprise Agreement, constitute the entire agreement regarding the Service.

16.4 Assignment

You may not assign these Terms without our prior written consent. Epochly may

assign in connection with a merger, acquisition, or asset sale.

16.5 Force Majeure

Neither party is liable for failure or delay due to causes beyond reasonable

control, including acts of God, war, pandemic, government action, or third-party

service failures.

16.6 Third-Party Beneficiaries

Epochly's designated payment processor is a third-party beneficiary of these

Terms with respect to payment-related provisions.

16.7 Language

The English language version of these Terms governs. Translations are provided

for convenience only.

Contact Information

• General inquiries: support@epochly.com
• Legal inquiries: legal@epochly.com
• Privacy inquiries: privacy@epochly.com
• Licensing inquiries: licensing@epochly.com
• Enterprise inquiries: enterprise@epochly.com

Epochly, Inc.

State of Delaware, United States of America

https://www.epochly.com