Epic Apps Terms & Conditions for Software Development, Software Enhancements and Software Maintenance Services

As of December 15th, 2021

Agreement — These Terms and Conditions are an integral part of any website, mobile application, database, or other software enhancement and maintenance service which Epic Business Apps, LLC (“Epic”) may perform for any person or business entity (“Client”) who has requested such service with Epic.

Whether through a formal, signed Statement of Work (“SOW”), Change Order, Maintenance Agreement, Flex Hours Agreement, or where Client and Epic agree to specific software development, enhancement or maintenance services through email communications, this agreement spells out the Terms and Conditions related to those service requests that were agreed upon between Client and Epic.

Notice — Epic may occasionally make changes to these Terms and Conditions. When Epic makes material changes to this agreement, the Client will be notified via email, assuming that Epic is still performing any agreed upon software development, enhancement or maintenance service at that time. The current version of this agreement can always be found on Epic’s website; specifically, at this url: https://epicbusinessapps.com/software-enhancement-maintenance-terms-of-service/

The date at the top of this agreement indicates the last update to these Terms and Conditions

Client Responsibilities – For the purposes of Epic providing the above listed services, Client agrees:

Client Acknowledgements – Client understands, acknowledges and agrees that:

Client Representations – Client makes the following representations and warranties to Epic

Data Security – Epic employs best practices in the areas of administrative, technical, organizational, and physical security measures to protect our Clients’ information and data against accidental or unlawful destruction, loss, alteration, and against unauthorized disclosure and access. As part of any development, enhancement or maintenance services, Epic uses standard industry practices to protect visitor and user information, including such precautions that may include firewalls, SSL encryption, limiting storage of financial information to a PCI compliant third-party provider, system redundancies, and recommend servers with only the largest and most reputable cloud hosting providers.

Unfortunately, no data transmission or storage can be guaranteed to be 100% secure. While we strive to protect Client’s personal information, Epic cannot guarantee security of the information you transmit to Epic orwhich is hosted on the servers you provide Epic access to.


While Epic takes every precaution to mitigate risks, as described in the Data Security section, by agreeing to allow Epic to develop, or perform enhancements, or provide maintenance services, Client agrees that Epic is NOT LIABLE for current and future Software Account errors, hacking, or other technical problems and holds no responsibility if such issues were to occur. And while Epic has never incurred any loss or irreparable damage to its Clients’ software or servers, in no event shall Epic be liable for any loss or corruption of data or content, database or software, lost profits, reputational damage or damage to goodwill, business interruption or for any indirect, incidental, special, consequential, exemplary or punitive damages arising out of or relating to the materials or the services provided by Epic, even if Client has been advised of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy.

Client shall indemnify Epic Business Apps, LLC from any and all damages, liabilities, costs, losses, expenses or attorney fees arising out of any claim, demand, or action by website or mobile application users, or third party arising from the use of any software built and/or serviced by Epic. Client shall promptly notify Epic in writing of any third-party claim or suit related to software built or serviced by Epic.


Epic agrees to execute all services agreed upon in writing (includes email communications) in good faith, utilizing industry standard best-practices, and to abide by all terms within this agreement.

Warranty & Limitation of Liability – The services and work product of Epic are sold “as is.” In all circumstances, the maximum liability of Epic, its directors, officers, employees, design agents and affiliates (“Epic parties”), to Client for damages for any and all causes whatsoever, regardless of the form of action, whether in contract, tort or otherwise, will in no circumstance exceed, up to, 50% of the total amount paid by the Client to Epic for development, enhancement and/or maintenance services rendered to Client during the three month period immediately preceding the date of a verified incursion causing provable monetary damages incurred by the Client.

Nothing in this Agreement will exclude or limit the liability of either party for:
(a) death or personal injury caused by that party’s negligence;
(b) fraud or fraudulent misrepresentation on the part of that party; or
(c) any other liability which may not be excluded or limited under applicable law.