MyChart Mobile End User License Agreement

Epic MyChart · agreement dated May 16, 2025 · Official agreement

Read the agreement

44 of 75 cards in Legal Rights & Agreement Rules

Legal Rights & Agreement Rules · Context

This agreement covers Epic's mobile app, not the web version

This is a legal agreement between Epic Systems Corporation (Epic) and you about installing and using the mobile version of the Epic app, which lets you access, review and use data made available by your healthcare provider. It gives you no right or license to the web-based version of the app, which is governed by a separate agreement between you and your provider. All access to and use of the app is subject to this agreement.

Supporting quotations

is a legal agreement between Epic Systems Corporation (“Epic”) and you (“You”) governing Your installation and use of the mobile version of the Epic application (the “App”) provided to You by Epic
The App enables You to access, review and use data made available by Your healthcare provider
Nothing in this Agreement gives You any right or license to the web-based version of Epic’s App, which is governed by a separate agreement between You and Your Provider
All access to and use of the App is subject to the terms of this Agreement.

Qualifications & exceptions

  • The agreement defines "Your Provider" as your healthcare provider whose data the app lets you access.

Not stated here

  • The separate agreement for the web-based version, and your provider's own terms, are not supplied in this source.

Legal Rights & Agreement Rules · Context

The agreement is dated May 16, 2025 and was last reviewed March 5, 2026

The agreement says it was last updated May 16, 2025. It also says it was last reviewed March 5, 2026, for formatting and minor wording updates. This analysis covers the text as supplied, which carries both dates.

Supporting quotations

Last Updated: May 16, 2025
Last Reviewed: March 5, 2026, formatting and minor wording updates

Not stated here

  • The document does not say which wording changed in the March 2026 review or whether that review date affects the effective date.

Legal Rights & Agreement Rules · Procedure

Using the app or clicking Accept means you accept; if you decline, do not use it

You accept the agreement by clicking the "Accept" button or by continuing to use the app. If you do not accept, the agreement says not to use the app and to remove it from your device. As an alternative, you may use a web-based version of the app, which is governed by a separate agreement between you and your provider. The agreement notes that the web-based version is not optimized for mobile devices and does not offer all of the app's functionality.

Supporting quotations

By clicking the “Accept” button or by continuing to use the App, You acknowledge that You have read, understand, and accept the terms of this Agreement.
If You do not accept the terms, then do not use the App and remove the App from Your device.
As an alternative, You may use a web-based version of the App that is governed by a separate agreement between You and Your Provider; please note that the web-based version of the App is not optimized for use on mobile devices and not all functionality available in the App is available in the web-based version.

Qualifications & exceptions

  • Acceptance happens either by clicking Accept or simply by continuing to use the app.

Legal Rights & Agreement Rules · Company practice

Epic can change the app or these terms at any time, effective when posted

Epic reserves the right, at any time, to change the app's functionality or the terms of this agreement by making the change available on the app or by giving you other notice. A change takes effect immediately upon posting on the app or on such other notice. If you disagree with a change, you may terminate the agreement at any time under Section 11 (the termination section), which lets you end it for any reason or no reason by written notice to Epic or by following termination instructions in the app. If you do not terminate, you are deemed to have agreed to the change through your continued use of the app.

Supporting quotations

Epic reserves the right, at any time, to modify the functionality of the App or the terms of this Agreement by making such modification available on the App or by providing other notice to You.
Any modification will be effective immediately upon posting on the App or such other notice.
If You do not agree with the modifications, You may terminate this Agreement at any time as set forth in Section 11.
If You do not terminate this Agreement, You will be deemed to have agreed to such modification through Your continued use of the App.
You may terminate this Agreement at any time and for any reason or no reason by providing written notice of such termination to Epic or by following any instructions for termination provided through the App.

Qualifications & exceptions

  • Changes apply to both the app's functionality and the agreement's terms.
  • Continued use after a change is treated as agreement to it.

Not stated here

  • This paragraph states no advance-notice period and does not itself say how "other notice" is given; the separate Notices section lists delivery methods.

Cross-references

Legal Rights & Agreement Rules · Restriction or exception

Disputes with Epic go to binding individual arbitration, with a class-action and jury waiver

A notice at the start says the agreement contains a binding arbitration provision in Section 17. Unless prohibited by applicable law, you agree that all disputes between you and Epic will be resolved by mandatory binding arbitration, and you waive any right to take part in a class action lawsuit or class-wide arbitration. The arbitration section applies to disputes that cannot be resolved informally and requires them to be arbitrated on an individual basis. If a court finally decides that applicable law does not allow the individual-capacity limit for a particular claim for relief, only that claim is severed from arbitration and may be brought in court. Section 17 also lets Epic go to court for immediate injunctive relief in certain intellectual property and confidentiality situations; later cards explain that carve-out.

Supporting quotations

UNLESS PROHIBITED BY APPLICABLE LAW, YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND EPIC WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION IN SECTION 17 BELOW.
which cannot be resolved informally, shall be resolved by binding arbitration on an individual, and not a class or representative, basis
If there is a final judicial determination that applicable law precludes enforcement of this Paragraph's limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.

Qualifications & exceptions

  • The notice says "unless prohibited by applicable law".
  • Only a claim for which a court finally holds the individual-capacity limit unenforceable is severed to court; other claims stay in arbitration.

Not stated here

  • The agreement text does not describe an informal dispute-resolution process, although the arbitration section refers to disputes that cannot be resolved informally.

Cross-references

Legal Rights & Agreement Rules · Restriction or exception

Epic takes no responsibility for your arrangement with your provider or their medical advice

Epic says it has no responsibility or liability for any arrangement between you and your provider, or for your use or acceptance of any health care or medical advice from your provider.

Supporting quotations

Epic has no responsibility or liability with respect to any arrangement between You and Your Provider or Your use or acceptance of any health care or medical advice from Your Provider.

Legal Rights & Agreement Rules · Context

Some services reached through the app need a separate license with your provider

The app may give access, as offered by your provider, to Epic and third-party services and systems, including your provider's; the agreement calls these "Services". You acknowledge that certain Services enabled through the app may be provided under a license between you and your provider, which you must agree to before using those Services.

Supporting quotations

The App may enable access, as offered by Your Provider, to Epic and third party services and systems, including those of Your Provider (collectively and individually, “Services”).
You acknowledge certain Services enabled through the App may be provided pursuant to a license between You and Your Provider to which You must agree before using the Services.

Not stated here

  • Your provider's own license terms are not supplied in this source.

Legal Rights & Agreement Rules · Context

This agreement governs app upgrades unless a separate license comes with them

The terms of this agreement govern any upgrades Epic provides that replace or supplement the app, unless the upgrade is accompanied by a separate license agreement, in which case the new license governs.

Supporting quotations

The terms of this Agreement will govern any upgrades provided to You by Epic that replace and/or supplement the App, unless such upgrade is accompanied by a separate license agreement in which case the terms of the new license will govern.

Legal Rights & Agreement Rules · Restriction or exception

You may not use the app in unlawful or abusive ways

You may not use the app in any manner that is illegal, unlawful or abusive. The agreement's examples include committing or promoting fraud or identity theft; sending or originating threatening or harassing materials; taking part in denial of service attacks or hacking or cracking; harassing, abusing, stalking, threatening or defaming a third party; and storing, sending or receiving content that infringes or misappropriates intellectual property or other proprietary rights.

Supporting quotations

(5) use the App in any manner that is illegal, unlawful or abusive including, without limitation, to commit or promote any fraud or identity theft, to send or originate any threatening or harassing materials, to initiate or participate in any denial of service or hacking or cracking, to harass, abuse, stalk, threaten, or defame any third party, or to store, send or receive any content that infringes or misappropriates any intellectual property or other proprietary rights;

Qualifications & exceptions

  • The examples are introduced by "including, without limitation", so they do not limit the general prohibition.
  • Item (5) of the list of things you may not do or permit a third party to do.

Legal Rights & Agreement Rules · Company practice

Even attempting a prohibited act is a violation Epic may pursue to the fullest extent allowed by law

The agreement says any attempt to do any of the listed prohibited things is a violation of Epic's rights and may be pursued to the fullest extent allowed by law.

Supporting quotations

Any attempt to do any of the above is a violation of the rights of Epic and may be pursued to the fullest extent allowed by law.

Qualifications & exceptions

  • "The fullest extent allowed by law" limits what Epic may pursue.

Not stated here

  • This sentence does not name particular remedies; other sections cover termination, suspension and indemnification.

Legal Rights & Agreement Rules · Restriction or exception

You may use the app only for purposes the agreement expressly permits

You are not permitted to use the app for any purpose other than as expressly permitted under the agreement.

Supporting quotations

You are not permitted to use the App for any purpose other than as expressly permitted under this Agreement.

Legal Rights & Agreement Rules · Context

Your use is also subject to Epic's then-current Mobile Application Privacy Policy for Patients

In addition to this agreement, your access to and use of the app and all Services is subject to Epic's then-current Epic Mobile Application Privacy Policy for Patients, which you are asked to acknowledge when you install the app. The paragraph ends with a sentence about Epic's limited use and disclosure of personally identifiable information as described in the then-current Privacy Policy; that sentence is incomplete as written.

Supporting quotations

In addition to the terms of this Agreement, Your access to and use of the App and all Services is subject to Epic’s then-current Epic Mobile Application Privacy Policy for Patients, available at http://www.epic.com/privacypolicies/mobile-policy-patient/ (the “Privacy Policy”).
You are asked to acknowledge this Policy when You install the App.
Epic’s limited use and disclosure of personally identifiable information as described in Epic’s then-current Privacy Policy for the App.

Qualifications & exceptions

  • The policy is the "then-current" one, so it can change over time.

Not stated here

  • The Privacy Policy is linked but not supplied in this source, so what personally identifiable information Epic uses or discloses is not analyzed here.

Legal Rights & Agreement Rules · Context

Using Services through the app may require extra terms from your provider or, for MyChart Central, from Epic

The app enables access to Services, including certain Services licensed under your provider's own terms. Using the Services may require you to agree to additional terms of service from your provider or, for MyChart Central, from Epic. MyChart Central is the service, enabled by some U.S. Epic customers, that streamlines access to your MyChart accounts at multiple healthcare organizations.

Supporting quotations

THIRD PARTY SERVICES AND MATERIALS
SERVICES. The App enables access to Services, including certain Services licensed under Your Provider’s own terms.
Use of the Services may require that You agree to additional terms of service from Your Provider or, for MyChart Central, from Epic.
Some Epic customers in the U.S. enable You to access MyChart Central, a service to help streamline Your access to Your MyChart accounts at multiple healthcare organizations.

Not stated here

  • Your provider's additional terms and the MyChart Central terms from Epic are not supplied in this source.

Cross-references

Legal Rights & Agreement Rules · Restriction or exception

You use the Services at your own risk, may meet objectionable content, and Epic accepts no responsibility for them

You understand that by using any of the Services you may encounter content that may be deemed offensive, indecent or objectionable. Your access to and use of the Services is at your sole risk. Epic does not warrant or endorse the Services and does not assume or accept any liability or responsibility for them.

Supporting quotations

You further understand that by using any of the Services, You may encounter content that may be deemed offensive, indecent, or objectionable.
Your access to and use of the Services is at Your sole risk. Epic does not warrant or endorse, and does not assume or accept any liability or responsibility for, such Services.

Legal Rights & Agreement Rules · Restriction or exception

Third-party materials, including from your provider, are used at your own risk

The app may display, include or make available content, data, information, applications or materials from third parties, or link to third-party websites, including from your provider ("Third Party Materials"). You acknowledge these are not under Epic's control and that Epic is not responsible for them. If you access them from the app you do so at your own risk, and Epic does not warrant or endorse them or accept liability or responsibility to you or anyone else for them.

Supporting quotations

The App may display, include or make available content, data, information, applications or materials from third parties or provide links to certain third party web sites, including from Your Provider (“Third Party Materials”).
By using the App, You acknowledge and agree that the Third Party Materials are not under the control of Epic, and Epic is not responsible for such Third Party Materials.
If You access Third Party Materials from the App, then You do so at Your own risk. Epic does not warrant or endorse, and does not assume or accept any liability or responsibility to You or any other person for, any Third Party Materials.

Legal Rights & Agreement Rules · Restriction or exception

You promise you have authority, are not in an embargoed country or on a restricted list, and will not misuse the app

You represent, warrant and covenant for Epic's benefit that you have the legal right and authority to enter into the agreement. You also represent that 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; that you are not listed on any U.S. Government list of prohibited or restricted parties; and that you will not use the app or Services for purposes prohibited by U.S. law, including developing, designing, manufacturing or producing nuclear missiles or chemical or biological weapons.

Supporting quotations

WARRANTIES AND DISCLAIMER
WARRANTIES BY YOU. You hereby represent, warrant, and covenant for the benefit of Epic that You have the legal right and authority to enter into this Agreement.
(i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; (ii) You are not listed on any U.S. Government list of prohibited or restricted parties; and (iii) You will not use the App or Services for any purposes prohibited by U.S. law, including, without limitation, the development, design, manufacture, or production of nuclear missiles or chemical or biological weapons.

Qualifications & exceptions

  • These are statements you make to Epic; the examples after "including, without limitation" are not a closed list of prohibited purposes.

Legal Rights & Agreement Rules · Restriction or exception

You may export or re-export the app only as U.S. law and local law allow

You may not use or otherwise export or re-export the app except as authorized by U.S. law and the laws of the jurisdiction where the app was obtained. In particular, but without limitation, the app may not be exported or re-exported into any U.S. embargoed country or to anyone on the U.S. Treasury Department's Specially Designated Nationals list or the U.S. Department of Commerce Denied Persons List or Entity List.

Supporting quotations

You may not use or otherwise export or re-export the App except as authorized by U.S. law and the laws of the jurisdiction in which the App was obtained.
In particular, but without limitation, the App may not be exported or re-exported (a) into any U.S. 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 Persons List or Entity List.

Legal Rights & Agreement Rules · Restriction or exception

The app, Services and third-party materials come "as-is" with all warranties disclaimed

To the maximum extent permitted by law, the app (including all app content), the Services and Third Party Materials are provided strictly "as-is" and "as-available". Epic, its third-party licensors and its distributors disclaim all warranties and representations of any kind, express, implied or statutory, including any warranty that use will be uninterrupted or error free, and warranties of merchantability, title, fitness for a particular purpose and non-infringement. Because some jurisdictions do not allow the exclusion of implied warranties, that exclusion may not apply to you.

Supporting quotations

WARRANTIES AND DISCLAIMER
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE APP (INCLUDING ALL APP CONTENT), SERVICES AND THIRD PARTY MATERIALS ARE PROVIDED TO YOU STRICTLY “AS-IS” AND “AS-AVAILABLE”
EPIC, ITS THIRD PARTY LICENSORS, AND ITS DISTRIBUTORS DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THE APP, THE SERVICES AND ANY OTHER SUBJECT MATTER OF THIS AGREEMENT, WHETHER EXPRESS, IMPLIED, OR STATUTORY
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.

Qualifications & exceptions

  • The disclaimer applies "to the maximum extent permitted by law".
  • The jurisdiction sentence refers to the exclusion of implied warranties; it does not say other disclaimers fall away.

Legal Rights & Agreement Rules · Restriction or exception

Information or advice from Epic does not create any warranty

No oral or written information or advice given by Epic or its employees, distributors, dealers or agents creates any warranty by or on behalf of Epic.

Supporting quotations

NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY EPIC, ITS EMPLOYEES, DISTRIBUTORS, DEALERS, OR AGENTS, WILL CREATE ANY WARRANTIES BY OR ON BEHALF OF EPIC.

Legal Rights & Agreement Rules · Restriction or exception

Epic excludes liability for personal injury and for incidental, special, indirect or consequential damages

To the maximum extent permitted by law, in no event are Epic, its licensors or its distributors liable for personal injury, or for incidental, special, indirect, exemplary or consequential damages of any kind, including lost profits, loss of data, business interruption or other commercial damages or losses, arising in connection with the agreement, the app (including app content), any Services or any Third Party Materials, however caused and whatever the theory of liability, even if Epic was told such damages were possible. In jurisdictions where limiting liability for consequential or incidental damages is not permitted, Epic's liability for those damages is limited to the maximum extent permitted by law.

Supporting quotations

LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EPIC OR ITS LICENSORS OR DISTRIBUTORS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES
IN JURISDICTIONS WHERE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT PERMITTED, EPIC’S LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Qualifications & exceptions

  • Applies "to the maximum extent permitted by law".
  • The list of excluded liability expressly starts with personal injury.

Legal Rights & Agreement Rules · Restriction or exception

U.S. Government end users get the app only as commercial items, with the same rights as other users

The app and related documentation are described as "Commercial Items" consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation" under the cited federal acquisition regulations. They are licensed to U.S. Government end users only as Commercial Items and with only those rights granted to all other end users under the agreement's terms and conditions.

Supporting quotations

END USERS EMPLOYED BY THE U.S. GOVERNMENT
The App and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”
the Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.

Qualifications & exceptions

  • The regulations are cited by number only; their text is not supplied in this source.

Legal Rights & Agreement Rules · Restriction or exception

You must defend and indemnify Epic against claims from your legal violations, breaches or use of the app

To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless Epic and its affiliates, employees, agents, contractors, assigns, licensees and successors in interest from any and all claims, losses, fees, expenses, costs (including attorneys' fees, court costs, damage awards and settlement amounts), damages or liabilities, regardless of cause, arising out of or relating to four things: (1) any actual or alleged violation of any law, rule, regulation or ordinance by you; (2) any actual or alleged breach of the agreement by you; (3) any infringement, misappropriation or other violation of intellectual property rights by you; or (4) your use of, operation of, installation of, configuration of, uninstallation of, or reliance upon the results generated or information transmitted by, the app or the Services.

Supporting quotations

INDEMNIFICATION
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS EPIC, ITS RESPECTIVE AFFILIATES, EMPLOYEES, AGENTS, CONTRACTORS, ASSIGNS, LICENSEES, AND SUCCESSORS IN INTEREST (“INDEMNIFIED PARTIES”) FROM ANY AND ALL CLAIMS, LOSSES, FEES, EXPENSES, COSTS (INCLUDING ATTORNEYS’ FEES, COURT COSTS, DAMAGE AWARDS, AND SETTLEMENT AMOUNTS), DAMAGES OR LIABILITIES, REGARDLESS OF THE CAUSE, ARISING OUT OF OR RELATING TO: (1) ANY ACTUAL OR ALLEGED VIOLATION OF ANY LAWS, RULES, REGULATIONS, OR ORDINANCES BY YOU; (2) ANY ACTUAL OR ALLEGED BREACH OF THIS AGREEMENT BY YOU; (3) ANY INFRINGEMENT, MISAPPROPRIATION, OR OTHER VIOLATION OF ANY INTELLECTUAL PROPERTY RIGHTS BY YOU; OR (4) YOUR USE OF, OPERATION OF, INSTALLATION OF, CONFIGURATION OF, UNINSTALLATION OF, AND/OR RELIANCE UPON THE RESULTS GENERATED OR INFORMATION TRANSMITTED BY, THE APP OR THE SERVICES.

Qualifications & exceptions

  • Applies "to the maximum extent permitted by law".
  • Covers "actual or alleged" violations and breaches, not only proven ones.
  • Item (4) is not limited to wrongdoing: it covers your use of, and reliance on results or information from, the app or Services.

Not stated here

  • The text does not say whether item (4) is limited to claims brought by third parties.

Legal Rights & Agreement Rules · Procedure

Indemnity claims: Epic gives notice, indemnified parties may join, and settlements admitting Epic fault need consent

Epic will give you notice of any claim or allegation covered by the indemnity, and any indemnified party has the right to participate in the defense of the claim at its own expense. To the extent applicable, you must obtain Epic's prior written consent to any settlement or judgment in which you agree to any finding of fault of Epic or defect in the app or the Services.

Supporting quotations

EPIC WILL PROVIDE YOU WITH NOTICE OF ANY SUCH CLAIM OR ALLEGATION AND ANY INDEMNIFIED PARTY WILL HAVE THE RIGHT TO PARTICIPATE IN THE DEFENSE OF ANY SUCH CLAIM AT ITS EXPENSE.
TO THE EXTENT APPLICABLE, YOU WILL OBTAIN EPIC’S PRIOR WRITTEN CONSENT TO ANY SETTLEMENT OR JUDGMENT IN WHICH YOU AGREE TO ANY FINDING OF FAULT OF EPIC OR DEFECT IN THE APP OR THE SERVICES.

Qualifications & exceptions

  • The consent requirement applies "to the extent applicable".

Not stated here

  • The paragraph states no deadline for Epic's notice.

Legal Rights & Agreement Rules · Company practice

Sections 1, 2, 5-10 and 12-19 survive termination

The agreement says that the provisions of Sections 1, 2, 5-10 and 12-19 survive any termination or expiration. Counting the headed sections in order (the extracted text does not show the numbers), these are the license and its limits, third party services and materials, warranties and disclaimer, limitation of liability, U.S. Government end users, indemnification, infringement, support, applicable law, notices, severability, assignment, arbitration, general terms and the iOS terms. Counted that way, Sections 3 (technical data and privacy), 4 (MyChart Central) and 11 (termination) are not on the list.

Supporting quotations

The provisions of Sections 1, 2, 5-10, and 12-19 shall survive any termination or expiration of this Agreement.

Qualifications & exceptions

  • Section numbers are not printed in the extracted text; the mapping above counts the headed sections in order and is consistent with the agreement's own cross-references to Sections 1, 11, 12 and 17.

Not stated here

  • The text does not say what happens to Sections 3, 4 and 11 on termination, such as how long the technical data or MyChart Central data provisions continue to apply.

Legal Rights & Agreement Rules · Context

Wisconsin law governs the agreement and your use of the app

Unless prohibited by applicable law, the laws of the State of Wisconsin, excluding its conflicts of law rules, govern the agreement, its construction, and your use of the app and the Services.

Supporting quotations

APPLICABLE LAW
Unless prohibited by applicable law, the laws of the State of Wisconsin, excluding its conflicts of law rules, govern this Agreement, its construction, and Your use of the App and the Services.

Qualifications & exceptions

  • "Unless prohibited by applicable law" qualifies the choice of law.
  • The arbitration section has its own place and governing-law terms.

Legal Rights & Agreement Rules · Procedure

Notices you give Epic must be in writing and delivered by hand, overnight service or certified mail

All notices you give Epic under the agreement must be in writing and sent by hand delivery, by a nationally recognized overnight mail service (such as Federal Express or UPS), or by certified mail, return receipt requested, to Epic at the address in Section 12 (the support and contact section).

Supporting quotations

NOTICES
All notices to be given by You to Epic under this Agreement will be made in writing and will be via (1) hand delivery; (2) nationally recognized overnight mail service (i.e. Federal Express or UPS); or (3) certified mail, return receipt requested, to Epic at the address set forth above in Section 12.

Qualifications & exceptions

  • The listed delivery methods do not include email.

Not stated here

  • The agreement does not say how this rule fits with the termination paragraph, which also allows ending the agreement by following instructions provided through the app.

Legal Rights & Agreement Rules · Procedure

Epic may notify you by mail methods, app posting or email; notices take effect on receipt or three days after mailing

Notices from Epic to you may be given by any of the methods listed for notices to Epic, by posting to the app, or by email to the current email address on file for you. All notices take effect upon receipt (or when delivery is refused), or three days after being deposited in the mail as required, whichever is sooner. The modification paragraph separately says a change to the app or the terms takes effect immediately upon posting on the app or on other notice.

Supporting quotations

All notices to be given by Epic to You under this Agreement may be made via any of the methods stated in the previous sentence or via posting to the App or via email to the current email address on file for You.
All notices will be effective upon receipt (or when delivery is refused) or three days after being deposited in the mail as required above, whichever occurs sooner.
Any modification will be effective immediately upon posting on the App or such other notice.

Not stated here

  • The agreement does not say how the receipt-based timing for notices applies to a notice given only by posting to the app, or how it fits with the "effective immediately upon posting" rule for modifications.

Legal Rights & Agreement Rules · Context

If part of the agreement is held invalid, the rest stays in force

If a court of binding jurisdiction holds any provision of the agreement invalid, illegal or unenforceable, the remainder of the agreement remains in full force and effect.

Supporting quotations

SEVERABILITY
If any provision of this Agreement is held, by a court of binding jurisdiction, to be invalid, illegal, or unenforceable, the remainder of this Agreement will remain in full force and effect.

Legal Rights & Agreement Rules · Restriction or exception

You cannot assign the agreement without Epic's approval, but Epic can freely assign it

You may not assign or transfer the agreement, or any of your rights or obligations under it, to anyone without Epic's prior written approval. Epic may freely assign the agreement or transfer any of its rights under it.

Supporting quotations

ASSIGNMENT
You may not assign or transfer this Agreement nor any rights or obligations that You have under this Agreement to anyone without Epic’s prior written approval.
Epic may freely assign this Agreement or transfer any of its rights under this Agreement.

Qualifications & exceptions

  • The restriction on you is lifted by Epic's prior written approval; Epic needs no approval.

Legal Rights & Agreement Rules · Restriction or exception

Disputes with Epic must go to binding individual arbitration under Section 17, with limited carve-outs

Any dispute, claim or controversy of any nature arising out of or relating in any way to the app, the agreement or the arbitration agreement, including its interpretation, validity, scope or applicability, which cannot be resolved informally, must be resolved by binding arbitration on an individual basis, not a class or representative basis. The arbitration agreement applies to you and Epic and to their subsidiaries, affiliates, agents, employees, predecessors in interest, successors in interest and assigns, unless prohibited by applicable law. The agreement says each side understands it gives up the chance to go to court, have a judge or jury decide, or take part in a class action.

Supporting quotations

ARBITRATION AGREEMENT
APPLICABILITY OF ARBITRATION AGREEMENT. Any dispute, claim or controversy of any nature arising out of or relating in any way to the App, this Agreement, or this Arbitration Agreement (as defined below), including without limitation the interpretation, validity, scope, or applicability of this Agreement or the Arbitration Agreement (hereinafter, collectively, the “Dispute”), which cannot be resolved informally, shall be resolved by binding arbitration on an individual, and not a class or representative, basis
This Arbitration Agreement applies to You and Epic (collectively, the “Parties”) and the Parties’ subsidiaries, affiliates, agents, employees, predecessors in interest, successors in interest, and assigns unless prohibited by applicable law.
THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT OR OPPORTUNITY TO LITIGATE DISPUTES THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE THEIR CASE

Qualifications & exceptions

  • Applies "unless prohibited by applicable law".
  • Section 17 contains carve-outs: Epic's court injunctive relief, and severance of a claim for which the class limit is unenforceable.

Not stated here

  • The agreement text does not describe an informal dispute-resolution process, although it refers to disputes that "cannot be resolved informally".

Legal Rights & Agreement Rules · Restriction or exception

Epic may go to court at once for injunctive relief over confidentiality or intellectual property violations

If there is any actual, alleged or threatened violation of confidentiality or of Epic's or your provider's intellectual property or other proprietary rights, Epic may immediately go to a court of competent jurisdiction to seek immediate injunctive relief, without posting a bond or proving damages. Starting an action for injunctive relief does not waive any party's right or obligation to arbitrate any claim seeking other relief.

Supporting quotations

DISPUTES EXCLUDED FROM ARBITRATION. In the event of any actual, alleged or threatened violation of confidentiality or violation of Epic’s or Your Provider’s intellectual property or other proprietary rights, Epic may immediately resort to court proceedings in a court of competent jurisdiction as set forth above in order to seek immediate injunctive relief without posting of a bond, proof of damages or other similar requirement.
The institution of any action for injunctive relief shall not constitute a waiver of the right or obligation of any party to submit any claim seeking relief other than injunctive relief to arbitration.

Qualifications & exceptions

  • The right to go to court is stated for Epic; the paragraph does not state a matching right for you.
  • Other relief claims still go to arbitration.

Not stated here

  • The phrase "as set forth above" does not point to any court location or court choice stated earlier in the agreement text.

Cross-references

Legal Rights & Agreement Rules · Restriction or exception

Arbitration proceedings and their results are confidential

The parties agree that all actions taken under the arbitration agreement and related provisions, including all filings, orders, judgments and awards in any arbitration proceeding, are confidential and may not be disclosed to any third party except as otherwise required by law.

Supporting quotations

CONFIDENTIAL PROCEEDINGS. The Parties expressly agree that any and all actions taken under the Arbitration Agreement and related provisions, including but not limited to all filings, orders, judgments, and awards made in any arbitration proceeding, are confidential and may not be disclosed to any third party, except as otherwise may be required by law.

Qualifications & exceptions

  • The confidentiality duty runs to both parties and has an exception where disclosure is required by law.

Not stated here

  • The paragraph does not say whether you may tell a lawyer, regulator or family member about a proceeding.

Legal Rights & Agreement Rules · Procedure

A single American Arbitration Association arbitrator decides, and the decision is final and binding

The arbitration is administered by the American Arbitration Association under its Commercial Arbitration Rules, before a single arbitrator selected under those Rules. The arbitrator's decision is final and binding, and any final award or judgment may be filed and enforced in any court of competent jurisdiction.

Supporting quotations

The arbitration proceeding will be administered by the American Arbitration Association under their Commercial Arbitration Rules (the "Rules") and before a single arbitrator selected pursuant to the Rules.
The decision of the arbitrator will be final and binding. Any final award or judgment may be filed and enforced in any court of competent jurisdiction.

Legal Rights & Agreement Rules · Procedure

Arbitration takes place in Dane County, Wisconsin, under the Federal Arbitration Act

The place of arbitration is Dane County, Wisconsin, unless all parties to the arbitration agree otherwise in writing. The parties acknowledge that the arbitration agreement involves interstate commerce, and the Federal Arbitration Act, as amended, governs its interpretation, enforcement and proceedings. To the extent state law applies, Wisconsin law applies without regard to conflict of laws provisions.

Supporting quotations

The place of arbitration shall be in Dane County, Wisconsin, unless otherwise agreed to in writing by all parties to the arbitration.
the Federal Arbitration Act, 9 U.S.C. § 1, et seq., as may be amended from time to time, shall govern the interpretation, enforcement and proceedings pursuant to this Arbitration Agreement.
To the extent state law is applicable, the laws of the State of Wisconsin shall apply without regard to conflict of laws provisions.

Qualifications & exceptions

  • The place can change only by written agreement of all parties to the arbitration.

Not stated here

  • The agreement does not say whether hearings may be held remotely or by written submission.

Cross-references

  • qualifies (model-proposed): Wisconsin law governs the agreement and your use of the app — qualifies: The general Wisconsin choice-of-law paragraph is qualified for arbitration: the Federal Arbitration Act governs the interpretation, enforcement and proceedings of the arbitration agreement, and Wisconsin law applies there only to the extent state law is applicable.

Legal Rights & Agreement Rules · Restriction or exception

Arbitration must be started within one year after a dispute arose, or the dispute is barred

The parties agree that they must initiate arbitration within one year after any Dispute arose; otherwise the Dispute is permanently barred.

Supporting quotations

TIME LIMITATION ON CLAIMS. The Parties agree that they must initiate arbitration within one (1) year after any Dispute arose; otherwise, the Dispute is permanently barred.

Qualifications & exceptions

  • The deadline applies to both parties and to any Dispute as defined in the arbitration section.

Not stated here

  • The agreement does not say when a Dispute "arose" or how this limit interacts with any longer period the law would otherwise allow.

Legal Rights & Agreement Rules · Restriction or exception

You and Epic may bring claims only individually, not as class or representative actions

You and Epic agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Unless both you and Epic agree otherwise, the arbitrator may not consolidate one or more persons' claims with yours and may not preside over any form of representative or class proceeding. If there is a final judicial determination that applicable law precludes enforcement of this limit as to a particular claim for relief, only that claim is severed from the arbitration and may be brought in court.

Supporting quotations

CLASS ACTION AND JURY TRIAL WAIVER. YOU AND EPIC 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.
Further, unless both You and Epic agree otherwise, the arbitrator may not consolidate one or more person’s claims with Your claims, and may not otherwise preside over any form of a representative or class proceeding.
If there is a final judicial determination that applicable law precludes enforcement of this Paragraph's limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.

Qualifications & exceptions

  • The consolidation bar lifts if both you and Epic agree otherwise.
  • Severance to court covers only a claim for which a final judicial determination says the limit cannot be enforced.

Legal Rights & Agreement Rules · Restriction or exception

Each side waives a jury trial, except for Epic's right to seek injunctive relief in court

Each party waives, to the fullest extent permitted by law, any right to a jury trial in any action, suit, claim or proceeding arising under or relating to the agreement. The waiver is stated to be with the exception of Epic's right to injunctive relief set forth in Section 17(b).

Supporting quotations

EACH PARTY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT, CLAIM, OR PROCEEDING ARISING HEREUNDER, RELATING TO, OR IN CONNECTION WITH THIS AGREEMENT, WITH THE EXCEPTION OF EPIC’S RIGHT TO INJUNCTIVE RELIEF SET FORTH IN SECTION 17(b).

Qualifications & exceptions

  • The waiver applies "to the fullest extent permitted by law".
  • Section 17(b) is read as the Disputes Excluded from Arbitration paragraph, the second paragraph of the arbitration section; the sub-letters are not printed in the extracted text.

Not stated here

  • The exception is stated for Epic's injunctive-relief right only; the text does not say how a jury waiver applies to any court action by you.

Cross-references

Legal Rights & Agreement Rules · Context

This is the entire agreement; changes must be signed by both sides, except as the agreement itself allows

The agreement sets forth the entire agreement between Epic and you about the app, and supersedes all prior or contemporaneous representations, understandings or agreements. Except as set forth in the agreement, any modification or amendment must be in writing and signed by both parties. The agreement itself includes an exception: Epic may change the app's functionality or the terms by posting the change on the app or giving other notice, effective immediately.

Supporting quotations

GENERAL
This Agreement sets forth the entire agreement between Epic and You with regard to the App. All prior or contemporaneous representations, understandings or agreements are superseded by this Agreement.
Except as set forth in this Agreement, any modification or amendment of this Agreement must be in writing, and signed by both parties.

Qualifications & exceptions

  • "Except as set forth in this Agreement" preserves the modification paragraph, under which Epic can change terms without your signature.

Not stated here

  • The agreement text does not say whether any other document, such as the Privacy Policy or your provider's terms, is part of the "entire agreement"; the Privacy Policy is separately made applicable by reference.

Legal Rights & Agreement Rules · Restriction or exception

Not enforcing a term once does not waive it later

Any failure to enforce any provision of the agreement on one occasion will not be deemed a waiver of that provision, or of any other provision, on any other occasion.

Supporting quotations

Any failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

Legal Rights & Agreement Rules · Context

You and Epic are independent parties and neither can bind the other

You and Epic are independent parties. The agreement does not create any agent, employer, employee or joint venture relationship between you and Epic, and it does not give either of you the right or ability to bind or enter into any obligation on behalf of the other.

Supporting quotations

You and Epic are independent parties and this Agreement does not create any agent, employer, employee or joint venture relationship between You and Epic. This Agreement does not give You or Epic the right or ability to bind or enter into any obligation on behalf of the other.

Legal Rights & Agreement Rules · Context

For iOS users the agreement is between you and Epic, not Apple, and Epic is responsible for the app

These additional terms apply to iOS users only. The agreement is solely between you and Epic, not Apple. As between Epic and Apple, Epic, not Apple, is responsible for the app and the terms of the agreement.

Supporting quotations

ADDITIONAL TERMS FOR iOS USERS ONLY
This Agreement is solely between You and Epic, not Apple, Inc (“Apple”). As between Epic and Apple, Epic, not Apple, is responsible for the App and the terms of this Agreement.

Qualifications & exceptions

  • The heading limits these terms to iOS users.

Not stated here

  • This source has no matching section for Android or other platforms.

Legal Rights & Agreement Rules · Permission or license

Apple can enforce the agreement against iOS users as a third-party beneficiary

Apple and Apple's subsidiaries are third party beneficiaries of the agreement. Once you accept it, Apple has the right, and is deemed to have accepted the right, to enforce the agreement against you.

Supporting quotations

However, Apple and Apple’s subsidiaries are third party beneficiaries of the Agreement. Once You accept this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against You.

Qualifications & exceptions

  • Applies to iOS users under the iOS-only terms.

Legal Rights & Agreement Rules · Restriction or exception

Apple is not responsible for the app, its content, claims about it, or maintenance and support

Apple is not responsible or liable for the app or the app content and is not responsible for addressing claims by you or any third party relating to the app or your possession or use of it, including product liability claims, claims that the app fails to conform to legal or regulatory requirements, and claims under consumer protection or similar legislation. Apple has no obligation to provide maintenance or support services for the app.

Supporting quotations

Apple is not responsible or liable for the App or the App content and is not responsible for addressing any claims by You or any third party relating to the App or Your possession and/or use of the App, including without limitation: (1) product liability claims; (2) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.
Apple has no obligation to provide maintenance or support services for the App.

Qualifications & exceptions

  • The listed claim types are examples ("including without limitation").
  • Applies to iOS users.

Legal Rights & Agreement Rules · Company commitment

As between Epic and Apple, Epic alone handles intellectual property infringement claims about the app

If a third party claims that the app or your possession and use of it infringes that party's intellectual property rights, then as between Epic and Apple, Epic and not Apple is solely responsible for investigating, defending, settling and discharging the claim.

Supporting quotations

In the event of any third party claim that the App or Your possession and use of that App infringes on any third party’s intellectual property rights, as between Epic and Apple, it is Epic and not Apple that will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

Qualifications & exceptions

  • The allocation is "as between Epic and Apple"; it does not describe your rights against either.