EULA

We grant you a limited, non-exclusive, non-transferable license to install and use pen.dev 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, your name, a username, and your 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 pen.dev
• Reverse-engineer or decompile the software
• Rent, lease, or sublicense pen.dev to others
• Use pen.dev 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. pen.dev 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 pen.dev ("Inputs"). Inputs from text-based AI features used with your own provider accounts 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 pen.dev Pro models or image, SVG, and stock image 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 used with your own provider accounts 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. Where you use pen.dev Pro models, we do not use your Inputs or Outputs to train AI models; processing by our inference partners is governed by our agreements with 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 pen.dev. 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 using your own provider accounts. Inputs and Outputs from text-based AI features used with your own provider accounts (e.g., code generation, design assistance, chat completions via Anthropic, OpenAI, or GitHub Copilot) are exchanged directly between your device and the relevant third-party AI provider. They do not pass through, and are not stored, recorded, logged, or cached on, High Agency, Inc. servers at any time.

pen.dev Pro models (when available). If you choose a pen.dev-provided AI model, your Inputs and Outputs are routed from your device through our inference partners using service credentials provisioned by High Agency, Inc. This content is not stored, recorded, logged, or cached on our servers, and we do not use it to train AI models.

Image and SVG generation features. Image- and SVG-related features operate differently. Requests and any content you intentionally submit are transmitted through High Agency, Inc. servers to the relevant third-party 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.

pen.dev 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. pen.dev 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 (your own accounts). The Software enables your device to connect directly to third-party AI providers (such as Anthropic, OpenAI, or GitHub Copilot) using your own provider accounts 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.

pen.dev Pro models (when available). Where you use pen.dev Pro models, content is routed through our inference partners as described in our Privacy Policy. We do not guarantee the performance or availability of any AI model.

Third-party image, SVG, and stock content services. Certain features use third-party services to generate or source images and SVG graphics, including Google Gemini, OpenAI, Quiver AI, and Unsplash. We may change or add providers over time. Image and SVG 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 provider in real time and are not stored, recorded, logged, or cached on our servers. For stock image search (Unsplash), pen.dev's agent generates search queries derived from your project context; your prompts are not transmitted verbatim to Unsplash. 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 pen.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.

The Software may include components, skills, templates, or other materials licensed to High Agency, Inc. by third parties ("Third-Party Materials"). Third-Party Materials remain the property of their respective owners and are provided "as is," without warranty of any kind.

Your use of Third-Party Materials as part of the Software is subject to this Agreement. High Agency, Inc. may add, modify, or remove Third-Party Materials at any time and does not guarantee their continued availability.

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