OVERVIEW & DEFINITIONS
By engaging Epic Business Apps (referred to herein as “Epic”) the Client is agreeing to be bound by the following terms and conditions (“Terms of Service”). The “Client” is defined as the person or business entity with which Epic has a signed Statement of Work, and/or other contractual obligations, as it relates to Epic creating, managing and hosting software for the Client.
Epic creates custom Mobile Applications and Websites, collectively referred herein as “Software”. Epic may also make certain software available to a Client through a hosted, platform Software solution, also known as Software-as-a-Service, or “SAAS”. This option is different from the custom Software created for Client’s apps and websites, which is proprietary to the Client. SAAS platforms allow a Client to post or upload information, text, graphics or other material (“Content”), and to share such Content with others, from the existing SAAS solution managed by Epic, and whose code therein is not proprietary to the Client.
Epic reserves the right to update and change the Terms of Service from time to time without notice. Epic will notify existing Clients, via email, of any major changes to Epic’s Terms of Service. Any new features that augment or enhance Client’s Software, including the release of new tools and resources, are subject to the Terms of Service. Continued use of the Software after any such changes shall constitute Client’s consent to such changes. Client can review the Terms of Service at any time at: www.epicbusinessapps.com/terms-of-service.
Client agrees that a violation of any of the terms below will give Epic sole discretion to terminate Client’s Account or other remaining contractual relationship with Epic.
ACCOUNT TERMS FOR SAAS CLIENTS, PLUS ALL WEBSITE AND APP CLIENTS HOSTED BY EPIC
- Client must be 13 years or older to use the Software, unless Client’s own Software End User Policy, Rules, or Terms & Conditions specifically state a different minimum age.
- Client must be a human. Accounts registered by “bots” or other automated methods are not permitted.
- Client is responsible for maintaining the security of their account and password. Epic Business Apps cannot and will not be liable for any loss or damage from Client’s failure to comply with this security obligation.
- Client is responsible for all Content posted and activity that occurs under Client’s account (even when Content is posted by others who have access to Client’s account). Any illegal material in violation of local or federal laws shall be removed immediately.
- Client may not use the Software for any illegal or unauthorized purpose. Client must not, in the use of the Software, violate any laws in Client’s jurisdiction (including but not limited to copyright laws).
- Client must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
- Client must not transmit any worms or viruses or any code of a destructive nature.
PAYMENT & REFUND TERMS
There are no refunds or credits for set-up fees or any partial months of SAAS platform service, app or web hosting.
Any lapse in monthly payment for more than one month will result in the app being removed from the app stores, and the app name will become available to others, once removed. If the app name is still available in the months/years from being removed from the app stores, and the Client would like to redeploy the app through our SAAS platform, Epic will charge a full build and redesign fee – whatever the current rates are at that time – to redeploy the app. The then-current monthly hosting and support rates will also apply at that time.
However infrequent, please note that in the event Apple and/or Google rejects an app based on the nature if its content or other policy violations, there will not be any refund of the design or build fee. Additionally, the full monthly SAAS platform service hosting fee is due each month, regardless of whether the mobile app was accepted to both, or just one, of the app platforms (Apple or Google Play).
All fees are exclusive of any taxes, levies, or duties imposed by taxing authorities, and Client shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
CANCELLATION & TERMINATION
Epic reserves the right to refuse service to anyone for any reason at any time, provided it does not violate any laws in Colorado.
Client is solely responsible for properly canceling their SAAS account. Account cancellation requests must be submitted in writing to firstname.lastname@example.org. Cancellations by phone or sent to any other email address will not be considered valid.
If Client cancels their SAAS account before the end of current paid-up month, Client’s cancellation will take effect that month and Client will not be charged again, unless, Client’s Statement of Work (SOW) had a stated term (like a minimum one-year commitment), then Client will be obligated to pay the remaining balance of that term. If Client waits until the 1st of the month or later, Client is obligated to pay for that month and their account will be cancelled on the 1st of the following month.
For custom apps or websites, Client owns all of its proprietary code. In the event Epic hosts any of its Client’s custom apps or websites, however, the same restrictions for SAAS accounts apply. All cancellations must be made in writing to email@example.com and must be made before midnight on the last day of the month or else Client will be charged for the following month’s term for hosting.
Epic Business Apps does not warrant that (i) the Software will always meet Client’s specific requirements, (ii) the Software will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Software will always be completely accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by Client through the Software will meet Client’s expectations, and (v) any errors in the Software outside the control of Epic will be corrected.
Epic does not warranty the Software or its products under the implied warranty for fitness for a particular purpose, the implied warranty of merchantability, or any other common law or warranty not expressly contained in this contract.
Client agrees to indemnify and hold harmless Epic Business Apps, LLC, and all of its contractors, assignees, 3rd -party vendors, who have been engaged by Epic to work on Client’s project against all losses, causes of action, liabilities, costs, expenses, claims and damages, including all expenses of litigation, reasonable attorney’s fees, and court costs that Company may sustain or become liable for due to potentially illicit or illegal material or due to the nature of the Content the Client has authorized Epic to design, build and/or enter into Client’s Software, as well as any Content that Client may later add by themselves to the Software that Epic had originally created or still hosts on Client’s behalf.
MODIFICATIONS TO THE SERVICE & PRICES
Epic reserves the right at any time and from time to time to modify, discontinue, temporarily or permanently, hosting or support of the Software (or any part thereof) with or without notice. Upon any term renewal, Epic reserves the right to adjust the hourly, monthly or annual fees charged for its services.
Epic shall not be liable to Client or to any third party for any price change, suspension or discontinuance of the Software hosting.
From time to time, Epic may issue an update to any Software that resides on a platform for the Client. Such updates made by Epic to the Software may add, modify, and/or remove features from the Software. These updates may be pushed out automatically with little or no notice, although Epic will try to provide at least 48 hours notice whenever possible in advance of an upcoming update, including details on what the update includes.
COPYRIGHT & OWNERSHIP
We claim no intellectual property rights over the material Client provides to any Software hosted or developed by Epic. The Client’s profile and materials uploaded remain the property of the Client. However, by using any Epic-hosted Software service made available to the public, the Client agrees to allow others to view and share such Content. Epic does not pre-screen Content, but Epic has the right in its sole discretion to refuse or remove any Content that is available via any SAAS platform, website or app that is hosted by Epic.
Epic may make certain software available to a Client through a hosted, platform Software solution, also known as Software as a Service or “SAAS”. If Client downloads or otherwise uses any SAAS solution, the software, including all files and images contained in or generated by the software, look and feel, HTML/CSS, visual design elements, and accompanying data are deemed to be licensed to Client by Epic. Epic does not transfer either the title or the intellectual property rights to the SAAS platform, and Epic retains full and complete title to the SAAS, as well as any intellectual property rights therein. Client may not sell, redistribute, or reproduce the SAAS, nor may the Client decompile, reverse-engineer, disassemble, or otherwise convert the SAAS to a human-perceivable form. Any design work that Epic procures for Client on a SAAS platform, remains the intellectual property of Client.
For custom apps and websites, Clients retains the rights to all content, graphics and code, but only after Client has paid Epic all fees the Client is obligated to pay for based on signed Statement of Works, Change Orders and/or other Time & Materials work that the Client agreed in writing to have Epic complete.
Client expressly understands and agrees that Epic shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Epic has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the SAAS or Software; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the SAAS or Software; (iii) unauthorized access to or alteration of Client transmissions or data; (iv) statements or conduct of any third party on the SAAS or Software; (v) or any other matter relating to the SAAS or Software.
All Epic-branded Content included on its site, its Software, and through the SAAS, is the property of Epic Business Apps and is protected by U.S. and international intellectual property laws. This includes all Epic Content, Software, code, HTML/CSS, and visual design data.
Client understands that Epic uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the SAAS and custom apps and websites. Client agrees that it cannot hold Epic liable for the actions of any third party.
Client understands that the technical processing and transmission of the SAAS, or any other Software that Epic hosts and services, including Client’s Content, may be transferred unencrypted and involves (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
The failure of Epic to exercise or enforce any rights or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between Client and Epic, and governs Client’s use of the Software or SAAS, superseding any prior agreements between Client and Epic (including, but not limited to, any prior versions of the Terms of Service).
SAAS Platform-Related General Conditions
Some areas of the SAAS platform allow Client to post or upload information, text, graphics, or other material. Client retains ownership of their Content, but there are many things that users may do with Client’s Content. For example: copy it, modify it, re-share it, or broadcast it. Epic has no responsibility for that activity. Client understands that publishing their Content on the SAAS is not a substitute for registering it with the U.S. Copyright Office, the Writer’s Guild of America, or any other rights organization. Client should consider carefully what it chooses to share.
Client grants Epic a license to use the materials Clients post to any SAAS solution. By posting, downloading, displaying, performing, transmitting, or otherwise distributing user Content to the SAAS platform solution, Client is granting Epic, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use user Content in connection with the operation of Epic, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat user content. Client will not be compensated for any user Content. By posting user Content on the SAAS platform, Client warrants and represents that it owns the rights to the user Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute user Content.
When accessing or using any SAAS solution, Client agrees to obey the law and to respect the intellectual property rights of others. Client’s use of an SAAS platform is at all times governed by and subject to laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property. Client agrees not to upload, download, display, perform, transmit, or otherwise distribute any information or Content in violation of any party’s copyrights, trademarks, patents, trade secrets, or other intellectual property or proprietary rights. Client agrees to abide by laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property, and Client shall be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by any Content Client provides, posts, transmits, or that is provided or transmitted using Client’s user name or user ID. The burden of proving that any Content does not violate any laws or intellectual property rights rests solely with the Client.
Client’s use of the SAAS is at Client’s sole risk. The SAAS platform is provided on an “as is” and “as available” basis.
Client must not modify, adapt or hack the SAAS platform or so as to falsely imply that it is associated with the SAAS platform itself
Client agrees not to reproduce, duplicate, copy, sell, resell or exploit any portion of the SAAS, use of the SAAS, or access to the SAAS without the express written permission by Epic.
Epic may, but has no obligation to, remove content and accounts containing content that Epic determines in its sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Epic Business Apps customer, employee, member, or officer will result in immediate account termination.
Questions about the Terms of Service should be sent to firstname.lastname@example.org.