Flashback End User License Agreement

This agreement governs your use of the Flashback mobile application. Flashback is a viewfinder and capture app for the Game Boy Camera cartridge connected through an Epilogue Operator device, and also offers a Software Mode that applies a stylized grayscale-and-dither filter to your device's own camera.

Last updated: May 27, 2026

END USER LICENSE AGREEMENT
FLASHBACK MOBILE APPLICATION

PLEASE READ THIS END USER LICENSE AGREEMENT CAREFULLY BEFORE USING FLASHBACK. BY DOWNLOADING, INSTALLING, OR USING THE APPLICATION, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL OR USE THE APPLICATION.

YOU MUST BE AT LEAST 18 YEARS OLD OR THE AGE OF MAJORITY IN YOUR JURISDICTION, WHICHEVER IS HIGHER, TO AGREE TO THESE TERMS. IF YOU ARE UNDER THE AGE OF MAJORITY, YOUR PARENT OR LEGAL GUARDIAN MUST READ AND ACCEPT THIS AGREEMENT ON YOUR BEHALF.

RECORDING NOTICE: THE APPLICATION CAPTURES PHOTOGRAPHS, VIDEO, AND AUDIO. YOU ARE SOLELY RESPONSIBLE FOR COMPLYING WITH ALL APPLICABLE LAWS REGARDING THE PHOTOGRAPHING, FILMING, AND AUDIO RECORDING OF OTHER PEOPLE, INCLUDING ANY APPLICABLE CONSENT, NOTICE, AND PRIVACY REQUIREMENTS. SEE SECTION 3.

ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. SEE SECTION 20.

1. General.
The Flashback mobile application, including any updates, patches, supplements, and associated documentation (collectively, the "Application") is licensed, not sold, to you by Parametric Semiconductors S.R.L. ("Epilogue", "we", "us", or "our") for use only under the terms of this End User License Agreement ("Agreement"), and Epilogue reserves all rights not expressly granted to you. This Agreement covers your use of the Application with Epilogue Operator devices, with a Game Boy Camera cartridge inserted in such devices, and with the camera and microphone built into your mobile device.

Title and intellectual property rights in and to any content displayed by or accessed through the Application belongs to the respective content owner. Such content may be protected by copyright or other intellectual property laws and treaties, and may be subject to terms of use of the third party providing such content. This Agreement does not grant you any rights to use such content, except as permitted by law.

Age Requirement: You must be at least 18 years old or the age of majority in your jurisdiction, whichever is higher, to agree to this Agreement. If you are under the age of majority, your parent or legal guardian must read and accept this Agreement on your behalf.

Platform Terms: Your use of the Application is also subject to the terms of service of the platform from which you downloaded it (Apple App Store or Google Play Store). In the event of a conflict between this Agreement and the platform terms, the platform terms govern with respect to the relationship between you and that platform.

Operator Device and Software Mode: Flashback operates in two modes:
(a) Hardware Mode requires a separately purchased Epilogue Operator device connected to your mobile device over USB, with a lawfully owned Game Boy Camera cartridge inserted in the Operator. The Application reads the live image-sensor feed from the cartridge over the USB connection.
(b) Software Mode uses your mobile device's built-in camera and applies a stylization filter that simulates the look of a 1990s-era four-shade grayscale image sensor with dithering patterns. No Operator device or cartridge is used or required in this mode.

2. Permitted Uses and Restrictions.
a. License Grant. Subject to compliance with this Agreement, Epilogue grants you a limited, non-exclusive, non-transferable, revocable license to download and use the Application on mobile devices you own or control, solely for personal, non-commercial purposes. This license does not grant you any rights to use Epilogue's trade names, trademarks, service marks, or logos.
b. No Modification. You may not copy (except as expressly permitted by this Agreement), attempt to derive the source code of, modify, or create derivative works of the Application or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law). Any attempt to do so is a violation of the rights of Epilogue and its licensors. If you breach this restriction, you may be subject to prosecution and damages.
c. No Distribution. You may not rent, lease, lend, sell, sublicense, distribute, or otherwise transfer the Application or access to it to any third party. You may not provide access to, share, or delegate the use of the Application to any third party for purposes not expressly permitted under this Agreement. All use must be direct and personal by the original licensee.
d. No Commercial Use. You may not use the Application for any commercial purposes, competitive analysis, or to develop competing products. Captures made with the Application for personal use may be shared, sold, or otherwise used by you as you see fit (subject to Section 3); this restriction concerns the Application itself, not the captures it produces.
e. No Unauthorized Hardware. You may not use the Application with unauthorized, counterfeit, or modified hardware. Use of the Application with unauthorized materials constitutes a material breach of this Agreement. You may not obtain the Application in any manner other than through Epilogue's authorized distribution channels (Apple App Store, Google Play Store, TestFlight, or Google Play closed/internal testing tracks).
f. No Tampering. You may not circumvent, disable, or interfere with any security features, technical limitations, or encryption of the Application. You may not intercept, decode, replay, or otherwise tamper with the local communication protocol between the Application and the Operator device. You may not remove, alter, or obscure any proprietary notices, labels, or marks in the Application. The foregoing restrictions apply except as and only to the extent prohibited by applicable law.
g. No Automated Access. You may not use automated systems, scripts, bots, or tools to operate the Application or to programmatically trigger photo or video capture, except for the hardware Camera Control button and other input methods expressly supported by the Application.

3. Your Captures and Content.

3.1 Ownership of Your Captures
You retain all rights, title, and interest in the photographs, videos, and audio recordings you produce using the Application ("Captures"). Epilogue claims no ownership of, and takes no licence in, your Captures. The Application is a tool; the creative and authorship rights in Captures belong to you and any other applicable rights-holders.

3.2 Local-Only Storage; No Uploads
Captures saved by the Application are written to your device's photo library through the operating system's standard media APIs and remain on your device. The Application does not upload, transmit, or otherwise transfer Captures to Epilogue or to any other party. The Application does not require, and does not offer, any account, cloud storage, or remote backup of Captures. You are solely responsible for backing up your Captures using the standard backup features provided by your mobile platform.

3.3 Embedded Metadata
Captures saved by the Application include embedded metadata describing the sensor settings used to produce them (such as palette, gain, shutter, exposure bias, dither, sharpness, and grain), the capture timestamp from your device clock, and identifying strings for the Application and image sensor model. This metadata does not include your name, contact information, device identifiers, location, or any other personal data. You can inspect this metadata using any standard EXIF/PNG viewer.

3.4 Your Responsibility for Subjects
Where required by applicable law, you are solely responsible for obtaining all necessary consents from, and providing all necessary notices to, persons whom you photograph, film, or record using the Application, and for complying with all applicable laws governing image, audio, and video recording in your jurisdiction. Recording laws vary materially by jurisdiction, and you accept full responsibility for ensuring your use of the Application is lawful in each context in which it is used.

To the extent your use of the Application processes personal data of identifiable third parties under the EU General Data Protection Regulation or other applicable data-protection law, you act as an independent data controller for that data. You agree to honour any rights such third parties may have under applicable law, and to indemnify and hold harmless Epilogue from any claims arising from your use of the Application to capture or record identifiable persons.

3.5 Acceptable Use
You are solely responsible for ensuring your use of the Application complies with all law applicable in each jurisdiction in which it is used. You may not use the Application to capture, store, or distribute any content, or to engage in any conduct, that is unlawful in your jurisdiction. You may not use the Application to harass, threaten, or impersonate any person, or to violate the rights of any third party.

A breach of this Section 3.5 is a material breach of this Agreement and grounds for immediate termination under Section 9.

4. Game Boy Camera Compatibility and Third-Party Intellectual Property.

4.1 No Affiliation with Nintendo
Flashback and Epilogue are not affiliated with, sponsored by, endorsed by, or licensed by Nintendo Co., Ltd., Nintendo of America Inc., or any of their affiliates. "Nintendo", "Game Boy", and "Game Boy Camera" are trademarks of Nintendo, used in this Agreement and in the Application solely to describe hardware compatibility and for purposes of identification, reference, and review. All other third-party trademarks are the property of their respective owners.

4.2 On-Cartridge Content
In Hardware Mode, Flashback renders only the live image-sensor output of the Game Boy Camera cartridge, processed through a four-shade palette and dithering filter. Flashback does not extract, reproduce, save, or include the cartridge's built-in stamps, frames, borders, mini-games, or any other software, artwork, or audio stored on the cartridge in Captures produced by the Application.

4.3 Lawfully Owned Cartridges
You represent and warrant that any Game Boy Camera cartridge used with the Application is lawfully owned or lawfully possessed by you. The Application is intended solely for use with lawfully acquired hardware, in accordance with applicable interoperability principles in your jurisdiction.

4.4 Software Mode
In Software Mode, Flashback applies an aesthetic filter to images and video captured by your device's own camera. The filter is an original implementation that simulates the look of a 1990s-era four-shade grayscale image sensor with dithering patterns. No cartridge or external hardware is used or required in this mode.

5. Transfer.
This license is non-transferable. You may not rent, lease, lend, sublicense, or transfer your license to use the Application to another party. The Application is tied to your personal use and your Apple ID or Google account.

Device Migration: You may transfer the Application to a new device you own or control using the standard device migration or backup/restore features provided by your platform (iCloud, Google backup). This does not constitute a transfer of license to another person.

NFR (Not for Resale) and Beta Copies: Notwithstanding other sections of this Agreement, Application versions distributed via TestFlight, Google Play Internal Testing, Google Play Closed Testing, or other pre-release channels may only be used for testing and evaluation purposes and are subject to additional restrictions imposed by the distribution platform.

6. Consent to Use of Data.
You agree that Epilogue and its subsidiaries may collect and use technical and related information to facilitate the provision of product support and other services to you related to the Application. This information may include:
- Crash reports and diagnostic information through our error reporting service (Sentry)
- Session replays: anonymised recordings of the Application's user interface (controls, settings, labels) sampled from a portion of sessions and from all sessions in which an error occurs, used to help diagnose issues. Live camera previews and captured photos are rendered through native components and are not included in session replays.
- App navigation history and screen-transition timing
- Device specifications (device model, operating system version)
- Application version and build number
- Performance data (startup time, navigation timing, general performance metrics)
- Error stack traces and diagnostic logs
- An anonymous device identifier (a random UUID generated on first launch and stored locally on your device)

This information is used solely for improving the Application, resolving bugs, and providing services to you. It is not used for advertising, user profiling, or sold to third parties. Some service providers may be located outside the European Economic Area, including in the United States. We rely on appropriate safeguards for international data transfers in accordance with applicable law. Epilogue may use this information, as long as it is in a form that does not personally identify you, to improve our products or to provide services or technologies to you.

Photographs, videos, and audio recordings captured with the Application are not transmitted to Epilogue's error reporting service or to any other Epilogue service. Captures remain on your device as described in Section 3.2.

What We Do Not Collect: The Application does not require an account. We do not collect your name, email address, location, contacts, or any other personal contact information.

Third-Party Services: The Application uses the following third-party service:
- Sentry (Functional Software, Inc.): Error tracking, performance monitoring, and session replay. Privacy policy: https://sentry.io/privacy/

For full details on how your data is handled, see our Privacy Policy at epilogue.co/legal/privacy-policy.

7. Device Permissions and Connectivity.

7.1 Camera, Microphone, and Photo Library
The Application requires the following operating-system permissions and uses them as described:
- Camera: required in Software Mode to capture photographs and video using your device's built-in camera. On iOS, also required to enable the Camera Control hardware button to trigger captures.
- Microphone: required to record audio together with video capture.
- Local Network (iOS): required by the operating system to enable communication between the Application and the Operator.
- Photo library write access: required to save Captures to your device's photo library.
- Photo library read access: used only to read back Captures created by the Application in order to display recent-capture thumbnails. The Application does not enumerate or read the rest of your photo library.

You may revoke any of these permissions in your device settings at any time. Doing so will disable the corresponding features.

7.2 Internet Connectivity
The Application does not require an internet connection to operate, except for: receiving Application updates through the App Store or Google Play Store, and transmitting crash reports and session replays as described in Section 6. You are responsible for any fees incurred in connection with internet access. Epilogue is not responsible for the availability, quality, or security of your internet connection.

8. Updates and Changes.
Epilogue may release updates to the Application from time to time. Updates may include bug fixes, security patches, new features, or changes to existing functionality. Some updates may be required for continued use of the Application or compatibility with Operator devices.

The Application may periodically check for available updates through the App Store or Google Play Store. You will be notified when updates are available through standard platform update mechanisms. If you decline to install updates, some features may not function properly or at all, and Epilogue shall have no liability for any issues arising from your use of outdated versions.

Epilogue reserves the right to modify, suspend, or discontinue the Application or any part of it at any time without notice. Epilogue shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Application.

9. Termination.
This Agreement is effective until terminated. Your rights under this Agreement will terminate automatically without notice from Epilogue if you fail to comply with any term(s) of this Agreement. Upon the termination of this Agreement, you shall cease all use of the Application and delete all copies from your devices. Captures already saved to your device's photo library are your property and are not affected by termination.

Epilogue may also terminate or suspend your access to the Application at any time, with or without cause, and with or without notice.

10. Violation of Agreement and Remedies.
If Epilogue determines that you have violated this Agreement's terms, Epilogue may take any action to protect its interests including but not limited to: disabling access to or use of some or all Application features; terminating your license to use the Application; denying support services for your Operator device in connection with the Application; implementing measures to prevent unauthorised use of the Application; or pursuing legal action for damages and injunctive relief.

Dispute of Enforcement: If Epilogue takes any enforcement action under this section, you may dispute such action by submitting written notice to legal@epilogue.co within 30 days of the enforcement action, including documentation demonstrating your compliance with this Agreement. Epilogue will review such disputes in good faith.

Epilogue and its licensors reserve the right to bring legal action in the event of a violation of this Agreement. Epilogue may participate in governmental or private legal investigations relating to your use of the Application.

11. Disclaimer of Warranties.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION IS PROVIDED "AS IS", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND EPILOGUE AND EPILOGUE'S LICENSORS (COLLECTIVELY REFERRED TO AS "EPILOGUE" FOR THE PURPOSES OF SECTIONS 11 AND 12) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APPLICATION, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.

EPILOGUE DOES NOT WARRANT THAT THE APPLICATION WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS. EPILOGUE MAKES NO WARRANTY THAT ANY PARTICULAR PHOTOGRAPH, VIDEO, OR AUDIO RECORDING WILL BE CAPTURED, SAVED, PRESERVED, OR RECOVERABLE. PHOTOGRAPHY, VIDEOGRAPHY, AND AUDIO RECORDING ARE SUBJECT TO HARDWARE, SOFTWARE, AND ENVIRONMENTAL FAILURES, INCLUDING BUT NOT LIMITED TO CARTRIDGE OR OPERATOR DISCONNECTION, USB CABLE FAILURE, NETWORK INTERRUPTION, OPERATING SYSTEM INTERRUPTIONS, STORAGE EXHAUSTION, APPLICATION CRASHES, AND USER ERROR. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY EPILOGUE OR AN EPILOGUE AUTHORISED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE APPLICATION PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. NOTHING IN THIS AGREEMENT IS INTENDED TO LIMIT YOUR RIGHTS AS A CONSUMER UNDER MANDATORY LAW THAT CANNOT BE WAIVED BY CONTRACT.

12. Limitation of Liability.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL EPILOGUE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF CAPTURES, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF EPILOGUE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, EPILOGUE SHALL NOT BE LIABLE FOR ANY MISSED, FAILED, CORRUPTED, OR UNSAVED PHOTOGRAPH, VIDEO, OR AUDIO CAPTURE, OR FOR ANY OPPORTUNITY OR MOMENT NOT CAPTURED, WHETHER DUE TO HARDWARE FAILURE, CONNECTION LOSS, SOFTWARE DEFECT, OR ANY OTHER CAUSE.

IN NO EVENT SHALL EPILOGUE'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE GREATER OF (A) THE NET PRICE (BEFORE TAX) YOU PAID FOR THE APPLICATION, IF ANY, OR (B) FIFTY EUROS (EUR 50). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. NOTHING IN THIS SECTION LIMITS LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE MANDATORY LAW (INCLUDING ROMANIAN AND EU CONSUMER LAW).

13. Export Control.
You may not use or otherwise export or re-export the Application except as authorised by Romanian law, European Union regulations, and the laws of the jurisdiction in which the Application was obtained. In particular, but without limitation, the Application may not be exported or re-exported (a) into any embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By using the Application, you represent and warrant that you are not located in any such country or on any such list.

14. Government End Users.
Government users acquire only the rights granted to all other users under this Agreement.

15. Intellectual Property and Copyright.
The Application, including its code, design, interface, content, and all associated intellectual property, is owned by Epilogue and protected by copyright, trademark, patent, trade secret, and other intellectual property laws. All rights not expressly granted in this Agreement are reserved by Epilogue.

"Epilogue", "Flashback", "Playback", "Retrace", "Operator", and all associated logos and marks are trademarks of Parametric Semiconductors S.R.L. All other trademarks - including, without limitation, "Nintendo", "Game Boy", and "Game Boy Camera" - are the property of their respective owners and used only as described in Section 4.

Copyright Compliance: Epilogue respects the intellectual property rights of others and requires users of the Application to do the same. If you believe that your work has been copied or used in a way that constitutes copyright infringement within the Application, please submit a notification by providing the following information in writing to our designated Copyright Agent: (i) the specific content claimed to be infringing; (ii) your contact information, including your address, telephone number, and email address; (iii) your statement that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law; and (iv) your statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner's behalf. Epilogue's Copyright Agent can be reached at: legal@epilogue.co

16. Metadata and Descriptive Content.
The Application embeds technical metadata (sensor settings, capture timestamp, software and sensor identifying strings) into Captures it produces, as described in Section 3.3. This metadata is provided for your personal benefit and forms part of your Capture; you may modify or remove it using any standard EXIF/PNG editing tool.

The names of palettes, dither patterns, and other creative presets shown within the Application are provided for personal, non-commercial use within the Application only and may not be redistributed or reproduced outside the Application without the express written permission of Epilogue. Such content is provided "as is", with all faults and without warranty of any kind. Epilogue and its licensors hereby disclaim all warranties and conditions, express or implied, with respect to such content.

17. Indemnification.
You agree to defend, indemnify, and hold harmless Epilogue and its officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to (a) your violation of this Agreement, (b) your use of the Application, or (c) any third-party claim arising from a Capture you produced with the Application, including claims of invasion of privacy, defamation, infringement of image or portrait rights, unlawful recording, or infringement of intellectual property.

Prevailing Party Fees: In any dispute between you and Epilogue, whether in arbitration, litigation, or otherwise, the prevailing party shall be entitled to recover its reasonable attorneys' fees and costs from the non-prevailing party. The determination of the prevailing party and the amount of reasonable attorneys' fees shall be made by the arbitrator or court.

This indemnification obligation will survive termination of this Agreement.

18. Cooperation with Investigations.
If you report or Epilogue suspects fraudulent, abusive, or illegal activity in connection with the Application, you agree to cooperate with Epilogue and its affiliates in any investigation and to use any fraud prevention measures we reasonably prescribe. You agree to provide any information reasonably requested to verify compliance with this Agreement.

19. Personal Use Only.
The Application is licensed solely for personal, non-commercial use by individual end users. You may not use the Application on behalf of any third party or for any commercial purpose. Public commentary, reviews, and demonstrations of the Application for editorial purposes are permitted. Commercial use of Captures you produced with the Application (such as selling prints of your photographs) is not restricted by this Agreement; this Section restricts commercial use of the Application itself.

20. Dispute Resolution and Arbitration.

20.1 Mandatory Pre-Arbitration Resolution
The parties agree that a structured, multi-tiered resolution process is the most cost-effective and constructive method for resolving disputes. Therefore, as a mandatory condition precedent to the initiation of arbitration, the parties shall exhaust the following procedures in sequence:

(a) Good Faith Negotiation (30 days): The party raising the dispute must provide written notice to the other party at legal@epilogue.co describing the nature and factual basis of the dispute in reasonable detail. For a period of 30 days following receipt of the notice, authorised representatives of the parties with full settlement authority shall meet and confer, in person or by video conference, and attempt in good faith to negotiate a resolution to the dispute.

(b) Mandatory Mediation (45 days): If the dispute is not resolved through negotiation within the 30-day period, the parties shall jointly initiate and participate in good faith in a mediation proceeding. The mediation shall be administered by the International Chamber of Commerce (ICC) in Bucharest, Romania, and conducted in accordance with the ICC Mediation Rules. Each party shall initially bear its own costs of mediation.

(c) Cooling-Off Period (14 days): Following the formal conclusion of the mediation, the parties shall observe a final 14-day cooling-off period before initiating arbitration, during which time settlement discussions may continue.

20.2 Binding Arbitration
Any dispute not resolved through the pre-arbitration process shall be resolved by binding arbitration. For consumers, arbitration may be conducted via video conference or, at your option, in your home jurisdiction through a recognised arbitration provider. For business disputes, arbitration shall be conducted under ICC Rules in Bucharest, Romania. Each party shall bear their own arbitration costs unless the arbitrator determines otherwise.

Small Claims Alternative: For disputes where the amount in controversy is EUR 500 or less, you may elect to resolve the dispute through small claims court in your jurisdiction (if available and if the claim qualifies) instead of arbitration. This election must be made before arbitration proceedings commence.

Discovery: For individual consumers, discovery shall be limited to what is necessary for fair resolution of the dispute. For business entities, organisations, or individuals acting in a commercial capacity, discovery shall be strictly limited to: (i) documents directly relevant to the specific claims and defences asserted; (ii) no more than 5 document requests per party; (iii) no depositions unless ordered by the arbitrator for exceptional circumstances; (iv) no requests for electronically stored information beyond what is reasonably accessible. The arbitrator may impose sanctions for discovery requests made in bad faith.

30-Day Opt-Out Right: You may opt out of this arbitration agreement by sending written notice to legal@epilogue.co within 30 days of first accepting this Agreement. Your written opt-out must include your name, address, and a clear statement that you do not wish to resolve disputes through arbitration.

20.3 Class Action Waiver
YOU AND EPILOGUE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Consumer Law Exception: If you are a consumer entitled to certain protections under mandatory local law (which may allow you to bring a dispute in your local courts or provide other unwaivable rights), those protections are not waived. In particular, consumers domiciled in the European Union retain the right to bring proceedings against Epilogue in the courts of their place of residence, and to invoke the consumer-protection law of that jurisdiction, to the extent such rights are mandatory and cannot be derogated from by contract (including Council Directive 93/13/EEC on unfair terms in consumer contracts, Regulation (EU) No 1215/2012, and Regulation (EC) No 593/2008). For Romanian consumers, you may also submit complaints to the Romanian National Authority for Consumer Protection (Autoritatea Nationala pentru Protectia Consumatorilor - ANPC).

20.4 Exceptions and Fallback Forum
Claims for emergency injunctive relief for intellectual property violations may be brought in any court of competent jurisdiction. All other claims not subject to arbitration shall be subject to the exclusive jurisdiction of the courts located in Bucharest, Romania, subject to the consumer-protection rights set out in Section 20.3.

21. Beta and Pre-Release Software.
If the Application is provided as a beta, pre-release, or early access version (including distribution via TestFlight, Google Play Internal Testing, or Google Play Closed Testing), you acknowledge that:
- The Application may contain bugs, errors, and incomplete features
- The Application is not intended for production or mission-critical use, and Captures produced with pre-release versions may be at increased risk of failure or loss
- Data collected or stored during the beta period may not be preserved in the final release
- Features available during beta may be removed, modified, or made subject to additional terms in the final release
- You may be asked to provide feedback, which Epilogue may use without restriction or compensation
- Epilogue may discontinue the beta program at any time without notice

Beta versions are provided "AS IS" with all faults and without any warranty whatsoever. The disclaimer of warranties and limitation of liability in this Agreement apply with full force to beta versions.

22. Open Source Components.
The Application includes open source software components that are subject to their own license terms. A list of open source components and their respective licenses is available within the Application or upon request. To the extent any open source license requires Epilogue to provide rights beyond those granted in this Agreement with respect to such open source components, those rights shall take precedence solely with respect to those components.

Epilogue is not obligated to provide any updates, maintenance, warranty, technical or other support for any open source components. You expressly acknowledge that if failure or damage results from modification of any open source components, such failure or damage is excluded from any warranty or support obligations.

23. Apple and Google Platform Terms.

23.1 Apple App Store
If you downloaded the Application from the Apple App Store, the following terms apply:
- This Agreement is between you and Epilogue, not Apple. Epilogue, not Apple, is solely responsible for the Application and its content.
- The license granted to you is limited to a non-transferable license to use the Application on Apple-branded products that you own or control, as permitted by the App Store Terms of Service, and as may be permitted by family sharing under that service.
- Apple has no obligation to provide any maintenance or support for the Application.
- In the event of any failure to conform to an applicable warranty, you may notify Apple for a refund of the purchase price (if any). To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Application.
- Apple is not responsible for addressing any claims by you or any third party relating to the Application or your use of it, including product-liability claims, claims that the Application fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or privacy law, and intellectual property claims.
- You represent and warrant that (i) you are not located in a country subject to a U.S. Government embargo or designated by the U.S. Government as a "terrorist-supporting" country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- Apple and its subsidiaries are third-party beneficiaries of this Agreement and may enforce it against you.

23.2 Google Play Store
If you downloaded the Application from the Google Play Store, your use is also subject to the Google Play Terms of Service and the Google Play Developer Distribution Agreement. To the extent of any conflict between this Agreement and those Google terms with respect to obligations between you and Google, the Google terms govern.

24. Survival.
Sections 3 (Your Captures and Content), 4 (Game Boy Camera Compatibility and Third-Party Intellectual Property), 6 (Consent to Use of Data), 10 (Violation of Agreement and Remedies), 11-12 (Warranties and Liability), 13 (Export Control), 15 (Intellectual Property), 16 (Metadata), 17 (Indemnification), 18 (Cooperation with Investigations), 20 (Dispute Resolution and Arbitration), 25 (General Provisions), and this Section 24 shall survive termination of this Agreement.

25. General Provisions.

25.1 Governing Law
This Agreement will be governed by and construed in accordance with the laws of Romania, as applied to agreements entered into and to be performed entirely within Romania between Romanian residents. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. Any disputes not subject to arbitration shall be subject to the exclusive jurisdiction of the courts located in Bucharest, Romania, subject to the mandatory consumer-protection rights set out in Section 20.3.

25.2 Modifications to Agreement
Epilogue reserves the right to modify this Agreement at any time. Material changes will be communicated through the Application, on our website, or via the platform through which you downloaded the Application. Your continued use of the Application after such changes constitutes acceptance of the modified Agreement. If you disagree with any changes, you must stop using the Application and delete it from your devices.

25.3 Entire Agreement
This Agreement, together with our Privacy Policy (epilogue.co/legal/privacy-policy), constitutes the entire agreement between you and Epilogue regarding the Application and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this Agreement will be binding unless in writing and signed by Epilogue.

25.4 Severability
If any provision of this Agreement is found to be unenforceable, the remaining provisions will continue in full force and effect. The unenforceable provision shall be deemed modified to the minimum extent necessary to make it enforceable.

25.5 Waiver
No waiver of any term shall be deemed a further or continuing waiver of such term or any other term.

25.6 Assignment
You may not assign or transfer this Agreement without Epilogue's prior written consent. Epilogue may assign its rights and obligations without restriction.

25.7 Force Majeure
Neither party shall be liable for any failure or delay in performance under this Agreement which is due to fire, flood, earthquake, pandemic, governmental action, war, terrorism, or other unforeseeable cause that is beyond the reasonable control of such party, provided that such party promptly notifies the other party and uses best efforts to remedy the situation.

25.8 Language
Any translation of this Agreement is provided for convenience. In the event of a conflict between the English version and any translation, the English version shall govern.