Terms of service

Last updated: April 22, 2026

Welcome to Éphé Studio. The terms "Éphé," "we," "us," and "our" refer to Éphé Studio, a brand of SNEAL LLC, a North Carolina limited liability company. We operate this store and website, including all related information, content, features, tools, products, and services, in order to provide you, the customer, with a curated shopping experience (the "Services"). Éphé Studio is powered by Shopify, which enables us to provide the Services to you.

These Terms of Service, together with our Privacy Policy, Acceptable Use Policy, DMCA Policy, Refund and Returns Policy, and Shipping Policy (the "Policies"), describe your rights and responsibilities when you use the Services. The Policies are incorporated into these Terms by reference.

Please read these Terms carefully. They include important information about your legal rights, including a binding arbitration clause and a class action waiver in Section 19.

By visiting, interacting with, or using the Services, you agree to be bound by these Terms and our Policies. If you do not agree, you must not use the Services.

1. Eligibility and accounts

By agreeing to these Terms, you represent that you are at least 18 years old or the age of majority in your state of residence, whichever is greater. If you allow a minor in your household to use the Services on a device you own, you accept responsibility for that use.

If you upload a photo that depicts a minor, you represent that you are the parent or legal guardian of that minor, or that you are otherwise authorized to upload that image and have it processed into artwork.

To use certain features, you may be asked to provide information such as your email address and billing, payment, and shipping details. You represent and warrant that all information you provide is correct, current, and complete, and that you have all rights necessary to provide it.

You are solely responsible for maintaining the security of your account credentials and for all activity under your account. You may not transfer, sell, assign, or license your account to anyone else.

2. Our products and the Service

Éphé creates impressionist artwork generated from your photos using artificial intelligence, with optional human-artist involvement through our Studio Service. Finished artwork is delivered as a digital download or printed on demand by our print partner.

You acknowledge that:

Generated artwork is created using AI tools and is necessarily an interpretation of your photo, not a literal reproduction.
Each photo, style, and palette combination produces a unique result. We do not warrant that any specific creative output will match your expectations.
Colors and product appearance may differ from how they appear on your screen due to your device, settings, and configuration.
We do not warrant that the appearance or quality of any product will meet your subjective expectations or be the same as depicted in our online stores.

All product descriptions are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product, limit quantities, or restrict availability by geography on a case-by-case basis. The Services are currently available only to customers in the United States.

3. Orders, pricing, and billing

When you place an order, you are making an offer to purchase. Éphé reserves the right to accept or decline your order for any reason at our discretion. Your order is not accepted until we confirm acceptance, and we must receive and process your payment before your order is accepted.

Production typically begins within one hour of order placement. After that point, we are usually unable to change or cancel your order. See our Refund and Returns Policy for details on cancellations, damage claims, and what we cover.

Prices, discounts, and promotions are subject to change without notice. The price charged will be the price in effect at the time of order, as set out in your order confirmation email. Posted prices do not include taxes, shipping, handling, or other charges unless expressly stated.

You represent and warrant that:

The payment information you provide is true, correct, and complete.
You are duly authorized to use the payment method for the purchase.
Charges incurred will be honored by your card issuer.
You will pay all charges at the posted prices, including shipping and applicable taxes.

You agree that your purchases are for your own personal or household use and not for commercial resale or export.

4. User content and license to Éphé

"User Content" means any photo, image, text, instruction, or other material you upload, submit, or otherwise provide to the Services in connection with creating artwork. This does not include "Feedback," which is governed separately by Section 11.

You retain ownership of your User Content. Uploading a photo to Éphé does not transfer your copyright or any other ownership right in the photo to us.

License to Éphé. You grant Éphé a limited, worldwide, royalty-free, non-exclusive license to host, store, transmit, process, modify, create derivative works from, and display your User Content for the limited purpose of providing the Services to you. This includes generating preview and finished artwork from your photo, fulfilling print orders through our print partner, displaying your saved proofs and purchased art in your My Art Gallery, and providing customer support. We do not use your User Content to train any AI model. See our Privacy Policy for full details on how your photos are processed and stored.

This license terminates when you delete the User Content from your account or when we delete it at your request, except to the extent we are required to retain copies for legal or fraud-prevention purposes, or where the User Content has already been incorporated into a product you have ordered.

Your representations and warranties about User Content. Each time you upload User Content, you represent and warrant that:

You own the User Content or have obtained all rights, licenses, consents, and permissions necessary to grant the license above and to have the User Content processed into artwork.
You have all necessary rights and consents to depict every identifiable person in the User Content, including (where applicable) the consent of the parent or legal guardian of any minor depicted.
The User Content does not infringe or violate the copyright, trademark, right of publicity, right of privacy, or any other right of any person or entity.
The User Content does not violate our Acceptable Use Policy or any applicable law.

You are solely responsible for your User Content and for the consequences of uploading it.

5. Generated artwork

"Generated Artwork" means the digital and physical artwork created by the Services from your User Content, including watermarked previews, finished digital files, and printed products.

Your rights to Generated Artwork. Subject to your payment of all applicable fees, you may use the Generated Artwork you have purchased for your personal, non-commercial use. This includes displaying the artwork in your home, gifting a printed product to another person for their personal use, and storing the digital file for personal reference.

What you may not do. Without our prior written consent, you may not:

Sell, license, or distribute Generated Artwork to third parties as a standalone product.
Reproduce Generated Artwork on merchandise (apparel, mugs, stationery, or similar) for sale.
Use Generated Artwork in advertising, marketing, or promotional materials for any business or product.
Submit Generated Artwork to contests, NFT platforms, or stock-art repositories.
Remove or alter any watermark on a preview image.

If you would like to use Generated Artwork commercially, contact us at hello@ephe.art to discuss a commercial license.

Our rights. Éphé retains ownership of (a) the underlying styles, palettes, models, prompts, software, and creative methodology used to generate the artwork, and (b) any Generated Artwork that you have not purchased. We may use anonymized examples of Generated Artwork for our own marketing only with your separate consent.

6. AI disclosure

The artwork created by Éphé is generated using artificial intelligence, with creative direction from our team. AI is the tool we use to make the art. The product is the art. We disclose the use of AI here and on our product pages so that you can make an informed decision before you purchase.

7. Acceptable use and prohibited content

Your use of the Services is governed by our Acceptable Use Policy, which is incorporated into these Terms. The Acceptable Use Policy describes the categories of content that may not be uploaded to the Services, including (without limitation) content depicting child sexual abuse, sexually explicit content, content depicting violence or abuse, content depicting real persons without consent, and content that infringes any third party's rights.

We may screen uploaded content using automated tools and human review. We may refuse to generate artwork from any User Content, cancel any order, suspend or terminate your account, and remove content from the Services, in our sole discretion. We will report apparent child sexual abuse material to the National Center for Missing and Exploited Children's CyberTipline as required by federal law.

In addition, you may not access or use the Services:

For any unlawful, fraudulent, or malicious purpose.
To violate any international, federal, state, or local law.
To infringe our intellectual property rights or those of any third party.
To harass, abuse, defame, intimidate, or harm any of our employees or any other person.
To transmit false or misleading information, spam, chain letters, or phishing material.
To upload or transmit viruses or other malicious code.
To impersonate any person or entity.
To use any robot, spider, scraper, AI agent, or automated process to access the Services, except as expressly permitted by Section 8 below.
To collect or track personal information of others.
To interfere with, bypass, or circumvent any security or access measure on the Services.

We may suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated these Terms or any Policy.

8. Agents and automated access

This Section 8 applies if you use, allow, enable, or cause the deployment of any software or service that takes autonomous or semi-autonomous action on your behalf to access the Services (an "Agent").

No Agent may access the Services unless it identifies itself in every HTTP/HTTPS request by including "Agent/[agent name]" in the user-agent string and operates in strict accordance with the requirements below. We may limit or block Agent access by technical means at any time.

Agents must not (a) conceal that they are Agents, (b) mimic human behavior or interaction patterns, (c) complete or circumvent CAPTCHAs or other measures intended to distinguish humans from machines, or (d) circumvent any other measure intended to control Agent access.

9. Copyright and DMCA

Éphé respects the intellectual property rights of others. If you believe that material on the Services infringes your copyright, please follow the procedure in our DMCA Policy, which describes how to send a takedown notice and counter-notice and identifies our designated agent. We have a policy of terminating accounts of users who are repeat infringers in appropriate circumstances.

10. Intellectual property of Éphé

The Services, including all trademarks, brands, text, displays, images, graphics, product reviews, video, audio, software, and the design, selection, and arrangement of the Services, are owned by Éphé, its affiliates, or its licensors and are protected by U.S. and foreign intellectual property laws. The "Éphé Studio" name, the Éphé wordmark, the eight Moments taxonomy, and any associated logos, designs, and slogans are trademarks of Éphé.

Except as expressly granted in Section 5, nothing in these Terms grants you any license or other right under any patent, trademark, copyright, or other intellectual property of Éphé, Shopify, or any third party. All rights not expressly granted are reserved.

11. Feedback

"Feedback" means any idea, suggestion, review, proposal, plan, or comment you voluntarily submit to us about the Services (for example, a product review or a suggestion for a new feature). Feedback does not include your User Content, which is governed by Section 4.

If you submit Feedback, you grant Éphé a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display the Feedback in any medium and for any purpose, including commercial use. You represent and warrant that you own or have the necessary rights to all Feedback you submit, that you have disclosed any compensation or incentives received in connection with the Feedback, and that the Feedback complies with these Terms.

We may, but are not obligated to, monitor, edit, or remove Feedback we determine to be unlawful, offensive, or otherwise objectionable.

12. Third-party links and tools

The Services may contain links to, or integrations with, websites and tools operated by third parties. We do not control, monitor, or endorse those third parties, and we are not responsible for their content, products, services, or practices. Your use of any third-party website or tool is at your own risk and subject to that third party's terms and privacy practices.

13. Relationship with Shopify

[NOTE TO MERCHANT: This section accurately characterizes Shopify's relationship with your store and should not be removed or modified.]

Éphé Studio is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with Éphé Studio. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Éphé Studio, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Éphé Studio.

14. Privacy

All personal information we collect through the Services is subject to our Privacy Policy. Certain personal information is also subject to Shopify's privacy policy. By using the Services, you acknowledge that you have read these privacy policies.

15. Errors, inaccuracies, and omissions

There may occasionally be information on the Services that contains typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, shipping charges, transit times, or availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders at any time without prior notice, including after you have submitted your order.

16. Termination

We may terminate this agreement or your access to the Services (or any part of them) in our sole discretion at any time, with or without notice. You will remain liable for all amounts due up to and including the date of termination.

The following sections survive termination: Section 4 (User Content and License to Éphé, with respect to license terminations and outstanding orders), Section 5 (Generated Artwork), Section 9 (Copyright and DMCA), Section 10 (Intellectual Property of Éphé), Section 11 (Feedback), Section 16 (Termination), Section 17 (Disclaimer of Warranties), Section 18 (Limitation of Liability), Section 19 (Dispute Resolution), Section 20 (Indemnification), Section 22 (Governing Law), Section 23 (Severability and Other Provisions), and any other provisions that by their nature should survive.

17. Disclaimer of warranties

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on it is strictly at your own risk.

EXCEPT AS EXPRESSLY STATED BY ÉPHÉ, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY SPECIFIC AI-GENERATED ARTWORK WILL MEET YOUR SUBJECTIVE EXPECTATIONS. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU IN FULL.

18. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ÉPHÉ, ITS PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID TO ÉPHÉ IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

19. Dispute resolution, binding arbitration, and class action waiver

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND ÉPHÉ TO RESOLVE DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION AND LIMITS THE WAY YOU CAN SEEK RELIEF. YOU HAVE A RIGHT TO OPT OUT OF ARBITRATION WITHIN 30 DAYS, AS DESCRIBED BELOW.

19.1 Informal resolution. Before either of us begins formal proceedings, we agree to try in good faith to resolve any dispute by sending written notice to the other party describing the dispute and proposed resolution. Send your notice to hello@ephe.art with the subject "Dispute Notice." We will respond within 30 days. If we cannot resolve the dispute within 60 days of the notice, either of us may proceed to arbitration.

19.2 Binding arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms, the Services, your use of the Services, or any product purchased through the Services (a "Dispute") shall be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, then in effect. The arbitration will take place in Cabarrus County, North Carolina, or by videoconference at your request. Judgment on the arbitrator's award may be entered in any court of competent jurisdiction. The Federal Arbitration Act governs the interpretation and enforcement of this Section.

19.3 Class action waiver. YOU AND ÉPHÉ AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY IN OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding. If this class action waiver is found to be unenforceable, then the entirety of this Section 19 shall be null and void.

19.4 Exceptions. The following are not subject to arbitration: (a) disputes that qualify for small claims court in your county of residence, brought on an individual basis; and (b) actions to seek injunctive or other equitable relief to stop unauthorized use or abuse of the Services or infringement of intellectual property rights.

19.5 30-day right to opt out. You may opt out of this Section 19 by sending written notice to Éphé at hello@ephe.art within 30 days of first accepting these Terms. Your notice must include your full name, mailing address, email associated with your account, and a clear statement that you opt out of arbitration. Opting out will not affect any other part of these Terms.

19.6 Future changes. If we make any future change to this Section 19 (other than a change to our notice address), you may reject the change by sending us written notice within 30 days of the change to hello@ephe.art. If you do, your account will be governed by the version of Section 19 in effect immediately before the change.

20. Indemnification

You agree to indemnify, defend, and hold harmless Éphé, SNEAL LLC, Shopify, and our and their affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any losses, damages, liabilities, or claims (including reasonable attorneys' fees) arising out of or related to:

Your breach of these Terms or any Policy, including any breach of your representations and warranties about User Content in Section 4.
Your User Content, including any claim that your User Content infringes copyright, trademark, right of publicity, right of privacy, or any other right of any third party.
Your violation of any law or the rights of any third party.
Your access to or use of the Services.

We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of any indemnifiable claim at your expense, including choice of counsel. We will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defense, including by providing relevant documents.

21. Changes to these Terms

We reserve the right, in our sole discretion, to update or change these Terms at any time by posting the updated version on this page and updating the "Last updated" date. We will provide notice of material changes as required by applicable law. Your continued use of the Services after the effective date of any change constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, your only remedy is to stop using the Services.

22. Governing law and venue

These Terms and any dispute arising out of or related to them or the Services are governed by the laws of the State of North Carolina, without regard to its conflict of laws principles. The federal sales law (the United Nations Convention on Contracts for the International Sale of Goods) does not apply.

Subject to Section 19 (Dispute Resolution), you and Éphé consent to the exclusive jurisdiction and venue of the state and federal courts located in Cabarrus County, North Carolina, for any action not subject to arbitration.

23. Severability and other provisions

If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms. The remaining provisions will remain in full force and effect.

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. These Terms, together with the Policies, constitute the entire agreement between you and Éphé and govern your use of the Services, superseding any prior agreements between you and us.

You may not assign these Terms or any of your rights or obligations under them without our prior written consent, and any attempted assignment will be void. We may assign these Terms and our rights and obligations without your consent.

The headings used in these Terms are for convenience only and do not limit or otherwise affect their interpretation.