Epic Apps Terms of Service (TOS)

Effective Date: May 1st, 2025

Welcome to Epic Apps (“Epic,” “we,” “us,” or “our”). These Terms of Service (“Terms”) govern your engagement with Epic Apps for custom website and mobile application development services. By signing a Statement of Work (“SOW”), Maintenance Services Agreement (“MSA”), or other written agreement, including email, you (the “Client”) agree to be bound by these Terms.

1. Services Provided

Epic Apps designs, develops, and delivers custom websites and mobile applications (“Software”) as specified in a signed SOW, MSA, or other written agreements. Services are strictly limited to those outlined in the applicable agreement. Any additional work or modifications, including change requests, require a new or amended agreement and may incur additional fees or timeline adjustments, as agreed in writing.

Epic does not provide hosting services. We manage and support client-owned cloud environments (e.g., GoDaddy, AWS) as specified in the SOW/MSA. Unless otherwise agreed, all work is initiated through a signed SOW or written authorization via email explicitly approving specific services.

2. Access and Management

Epic requires temporary administrative access to client-owned systems, including but not limited to cloud hosting accounts, content management systems, and app store accounts, solely to perform the agreed-upon services. Most updates and maintenance are completed in a staging environment before promotion to production, following industry best practices.

Clients must provide timely credentials and authorizations. Delays in providing access may result in project timeline extensions, and Epic shall not be liable for such delays. Upon project completion or termination, Epic will securely retain client credentials in an encrypted password manager for potential future support, unless the Client requests in writing that credentials be returned or destroyed. If ongoing support is contracted, Epic will maintain access as specified in the SOW/MSA. Clients may request credential destruction at any time by contacting info@epicbusinessapps.com, and Epic will promptly comply.

3. Account Security and Client Responsibilities

Clients must be authorized representatives of their organization with the capacity to enter binding agreements. Clients are responsible for:

Clients remain solely responsible for any content uploaded, hosted, or transmitted through their Software.

4. Payment Terms

All fees for development, consulting, and ongoing maintenance are outlined in the applicable SOW, MSA, or written agreement. Payments are due as specified, typically including an initial deposit and milestone-based payments. Invoices are based on the terms indicated on each invoice, and other written agreements for work contracted with Epic.

Late payments accrue interest at 1.5% per month. Epic reserves the right to suspend services or withhold deliverables until all outstanding invoices are paid. All payments, including deposits and payments for partially completed work, are non-refundable unless otherwise specified in the SOW/MSA.

5. Warranties and Limitations

Epic warrants that the Software will materially conform to the specifications in the SOW, subject to the User Acceptance Testing (UAT) and User Acceptance Period (UAP) terms outlined in the applicable SOW. Any bugs reported during the UAP that are within the original scope will be addressed at no additional cost, as specified in the SOW.

Epic does not warrant that:

Clients are responsible for any costs or modifications required due to third-party platform changes. All services are provided “as is” without warranty of fitness for a particular purpose or merchantability. 

Epic’s total liability for any claim arising under these Terms shall be strictly limited to the portion of fees paid that directly relates to the specific deliverable or discrete phase of work giving rise to the claim,

6. Intellectual Property

Upon full payment, Clients own all final source code, assets, and content delivered under a SOW, MSA, or authorized written agreement. Epic retains no rights to the custom deliverables once payment obligations are fulfilled.

Epic may incorporate pre-existing proprietary tools, frameworks, or libraries into the Software, which remain Epic’s property and are licensed to the Client for use solely within the delivered Software. Clients are responsible for obtaining and complying with licenses for any third-party software incorporated into the deliverables, as specified in the SOW.

Epic retains all intellectual property rights in work-in-progress until the Client fulfills all payment obligations, at which point ownership transfers.

7. Indemnification

Clients agree to indemnify and hold harmless Epic Apps, its employees, and subcontractors from any claims, damages, or liabilities arising from:

Epic agrees to indemnify the Client against claims arising from Epic’s willful misconduct or gross negligence in performing the services, provided such claims are not due to client-8.

8. Data Protection

Epic implements industry-standard security measures to protect client data during development, including encrypted password managers, secured development environments, regular audits, and staging environments for testing. When granted access, Epic may implement backups, IP restrictions, or other best practices appropriate to the client’s infrastructure.

Clients are responsible for maintaining compliant security practices in their cloud accounts and hosting environments and ensuring any personal data processed by the Software adheres to applicable privacy laws, including the Colorado Privacy Act, GDPR, and CCPA, where applicable. To the fullest extent permitted by law, Epic shall not be liable for security incidents, breaches, or data loss in any client-owned or third-party hosting environments, provided Epic has implemented reasonable and industry-standard security measures.

9. Modifications and Updates

Epic may update these Terms from time to time. The current Terms are available at www.epicbusinessapps.com/terms-of-service. Clients are responsible for reviewing the latest Terms prior to signing a new Statement of Work (SOW), Maintenance Services Agreement (MSA), or engaging Epic for additional services. By signing a new SOW/MSA or continuing engagement with Epic, Clients agree to be bound by the then-current Terms. Updates do not apply to existing SOWs/MSAs unless agreed in writing.

10. Termination

Either party may terminate work in progress per the terms outlined in the applicable SOW, MSA, or written agreement. Termination requires written notice delivered via email to the contact addresses specified in the agreement.

Upon termination, Epic will deliver any completed or partially completed deliverables for which payment has been received, subject to the SOW/MSA terms. Obligations regarding confidentiality, payment for completed work, and indemnification survive termination.

11. Confidentiality

Both parties agree to maintain the confidentiality of proprietary or sensitive information (“Confidential Information”) disclosed during the engagement. Confidential Information includes, but is not limited to, source code, credentials, business plans, customer data, and any information marked or reasonably considered confidential.

Confidential Information does not include information that is publicly available, already known to the receiving party without confidentiality obligations, developed independently, or required to be disclosed by law or court order. Upon termination, each party shall return or destroy all Confidential Information received from the other party, except as required by law or where Epic retains credentials for future support as permitted under Section 2.

The obligation of confidentiality survives termination of the engagement for a period of two (2) years, except for trade secrets or personal data, which shall remain confidential for as long as required by applicable law.

12. Force Majeure

Epic shall not be liable for any delay or failure to perform its obligations due to events beyond its reasonable control, including but not limited to natural disasters, war, terrorism, labor disputes, pandemics, power outages, internet or communication outages, or actions by government authorities. Epic will notify Clients within 5 days of any such event impacting service delivery and make reasonable efforts to resume services as soon as practicable.

Force majeure events do not relieve Clients of payment obligations for services already performed.

13. Limitation of Liability

To the fullest extent permitted by law, Epic shall not be liable for any direct, indirect, incidental, consequential, special, or punitive damages, including but not limited to lost profits, data loss, or business interruption, arising from or related to the services provided, whether in contract, tort, or otherwise, even if Epic has been advised of the possibility of such damages.

14. General Conditions

Epic uses third-party tools and services to build and manage Software solutions. We are not liable for outages or issues caused by these providers.

Any disputes arising under these Terms shall be resolved through good-faith negotiation. If unresolved, disputes shall be submitted to binding arbitration in Arapahoe County, Colorado, under the rules of the American Arbitration Association.

These Terms are governed by the laws of the State of Colorado, without regard to its conflict of laws principles. If any provision of these Terms is found unenforceable, the remaining provisions shall remain in full force and effect.

By signing the SOW/MSA, the Client acknowledges and agrees to be bound by these Terms. These Terms represent the entire agreement unless amended in writing, including agreement through email correspondence.

15. Contact Us

For questions regarding these Terms, please contact us at:

We strive to respond to email inquiries promptly, but response times may vary depending on the nature of the inquiry.