Legal Rights & Agreement Rules · Restriction or exception
Software and Services come without promised quality or availability
Epic, its affiliates, licensors and service providers disclaim express and implied warranties for Software and Services, including merchantability, fitness and non-infringement. They do not promise proper or uninterrupted operation, freedom from errors or malware, or correction of defects. This applies only as far as applicable law allows and does not prejudice statutory consumer rights.
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The Software and Services are provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind.
Epic, its affiliates, and its and their licensors and service providers (collectively, the “Epic Parties”) disclaim all representations, warranties and conditions (whether express or implied) with respect to the Software and Services, including without limitation regarding non-infringement, merchantability, or fitness or suitability for any purpose
the Epic Parties make no warranty that (1) the Software or Services will operate properly, (2) the operation of the Software or Services will be uninterrupted or free of bugs, errors, or malware (such as viruses), or (3) any defects in the Software or Services can or will be corrected.
nothing in this Agreement will prejudice the statutory rights that you may have as a consumer of the Software or Services.
Qualifications & exceptions
Only to the extent permitted by applicable law; statutory consumer rights are preserved.
Legal Rights & Agreement Rules · Restriction or exception
Liability is capped at twelve months of payments for the affected Software or Service
To the extent permitted by law, the Epic Parties exclude lost profits and indirect, incidental, consequential, special, punitive and exemplary damages, even if warned of the possibility. Aggregate liability is capped at what you paid Epic for the particular Software or Service during the twelve months before the events giving rise to liability, even if a remedy inadequately compensates you. Jurisdictional limits and statutory consumer rights are preserved.
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To the maximum extent permitted by applicable law, the Epic Parties shall not be liable for any loss of profits or any indirect, incidental, consequential, special, punitive, or exemplary damages arising out of or in connection with this Agreement, the Software or Services, even if an Epic Party has been advised of the possibility of such damages.
Further, to the maximum extent permitted by applicable law, the aggregate liability of the Epic Parties arising out of or in connection with this Agreement or the Software or Services will not exceed the total amounts you have paid (if any) to Epic for the particular Software or Service to which the liability relates during the twelve (12) months immediately preceding the events giving rise to such liability. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation.
Instead, in such jurisdictions, the foregoing exclusions and limitations shall apply only to the extent permitted by the laws of such jurisdictions.
Qualifications & exceptions
Subject to local-law limits and statutory consumer rights.
Cross-references
contrast (model-proposed): You cover specified claims and defense costs for the Epic Parties — The agreement caps the Epic Parties’ liability while separately requiring user indemnification and on-demand reimbursement. The company liability cap does not state a matching cap on the user’s indemnity.
Legal Rights & Agreement Rules · Restriction or exception
Developers can share Epic’s warranty and liability protections
For the warranty exclusions and liability limits, Epic Parties also includes the developer of Software licensed under this agreement, unless you agreed to Software Specific Terms containing that developer’s warranty disclaimer and liability limitation. These protections remain subject to the agreement’s local-law and consumer-rights safeguards.
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As used in the above exclusion of certain warranties and limitation of liability, the term “Epic Parties” includes the developer of a Software licensed to you under this Agreement unless you have agreed to Software Specific Terms for that Software or Service that include a disclaimer of the Developer’s warranties and a limitation of the Developer’s liability.
some countries, states, provinces or other jurisdictions do not allow the exclusion of certain warranties or the limitation of liability as stated above, so the above terms may not apply to you.
Qualifications & exceptions
Separate Software Specific Terms containing both protections change this inclusion.
Legal Rights & Agreement Rules · Restriction or exception
You cover specified claims and defense costs for the Epic Parties
You agree to indemnify and hold harmless the Epic Parties and their personnel and representatives, including attorneys’ and expert fees, for claims that if true would mean your breach or negligence, acts or omissions using Software or Services, and third-party IP claims arising from Epic’s use of your Feedback. You must reimburse covered defense costs, judgments, settlements and losses on demand. If law prohibits indemnification, the agreement instead assigns liability for those matters to the extent law permits.
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You agree to indemnify, pay the defense costs of, and hold harmless the Epic Parties and their respective employees, officers, directors, agents, contractors, and other representatives from all claims, demands, actions, losses, liabilities, and expenses (including attorneys’ fees, costs, and expert witnesses’ fees) that arise from or in connection with (a) any claim that, if true, would constitute a breach by you of this Agreement or negligence by you, (b) any act or omission by you in using the Software or Services, or (c) any claim of infringement or violation of any third-party intellectual property rights arising from Epic’s use of your Feedback.
You agree to reimburse the Epic Parties on demand for any defense costs incurred by the Epic Parties and any payments made or loss suffered by the Epic Parties, whether in a court judgment or settlement, based on any matter covered by this Section 8.
If you are prohibited by law from entering into the indemnification obligation above, then you assume, to the extent permitted by law, all liability
Qualifications & exceptions
The alternative liability obligation applies only to the extent law permits when indemnification is legally prohibited.
Legal Rights & Agreement Rules · Restriction or exception
Indemnity can also protect a third-party Developer
The indemnity’s Epic Parties includes the third-party Developer of licensed Software unless you agreed to Software Specific Terms that already contain an indemnity for that Developer. This is the indemnity-specific rule, separate from the developer test for warranty and liability limits.
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As used in the above indemnity provisions, the term “Epic Parties” includes the third-party Developer of Software Licensed to you under this Agreement unless you have agreed to Software Specific Terms for that Software or Service that include an indemnity of the Developer.
Qualifications & exceptions
A developer indemnity in agreed Software Specific Terms changes this inclusion.
Legal Rights & Agreement Rules · Restriction or exception
Rewards participation includes a release and indemnity
Participating users, and parents or guardians of eligible minors, agree to release, discharge, indemnify and hold harmless Epic and the listed related companies, retailers, promotion agencies and personnel from liability or damage arising from participation or receiving, possessing, using or misusing Rewards or Program products. The clause states that applicable federal, state and local laws apply.
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By participating in the Program, Epic Games Store users (and, if an eligible minor, their parent or legal guardian) agree (i) to release, discharge, indemnify and hold harmless Epic, its parent, subsidiaries, affiliates, retailers, and advertising and promotion agencies, and all of their respective officers, directors, shareholders, employees and agents (collectively, “Released Parties”) from any liability or damages which may arise out of participation in the Program or out of the acceptance, use, misuse or possession of any Epic Reward or products obtained through this Program. All applicable federal, state and local laws and regulations apply.
Qualifications & exceptions
Specific to Program participation, Rewards and products obtained through it; applicable laws remain.
Legal Rights & Agreement Rules · Restriction or exception
The Program disclaims responsibility for errors and device damage
The Program’s Released Parties disclaim responsibility for missing, delayed, inaccurate or misdirected Rewards, requests, benefits and communications, as well as technical, human and other Program errors, including administration and Reward calculations. They also disclaim injury or device damage related to participation, downloaded materials or use of the Store.
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Released Parties are not responsible for late, lost, incomplete, delayed, inaccurate, garbled, undelivered, misdirected Epic Rewards, reward requests, rewards, benefits, emails or other communications of any kind; or for other errors or problems of any kind relating to or in connection with the Program, whether printing, typographical, technical, computer, network, human, mechanical, electronic or otherwise, including, without limitation, errors or problems which may occur in connection with the administration of the Program, the tabulation of Epic Rewards, or in any Program-related materials.
Released Parties are not responsible for injury or damage to users' or to any other person's computer or other device related to or resulting from participating in this Program or downloading materials from or use of the Epic Games Store.
Qualifications & exceptions
Applies within the Program conditions, which preserve applicable laws.
North Carolina and US law govern, with specified court venues
Section 12 applies North Carolina law excluding its choice-of-law rules, together with US law, and deems the agreement made in North Carolina. It names Wake County Superior Court or the Eastern District of North Carolina federal court as exclusive venues, waiving inconvenient-forum and jury objections. This must be read with Section 13’s arbitration process and its express option for qualifying small claims in your home county or Wake County. It does not mean every dispute goes to those courts.
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You agree that this Agreement will be deemed to have been made and executed in the State of North Carolina, U.S.A., and any dispute will be resolved in accordance with the laws of North Carolina, excluding that body of law related to choice of laws, and of the United States of America.
Any action or proceeding brought to enforce the terms of this Agreement or to adjudicate any dispute must be brought in the Superior Court of Wake County, State of North Carolina or the United States District Court for the Eastern District of North Carolina. You agree to the exclusive jurisdiction and venue of these courts. You waive any claim of inconvenient forum and any right to a jury trial.
Instead of using Informal Resolution, You and Epic agree that You may sue us in small-claims court in your choice of the county where you live or Wake County, North Carolina (if you meet the requirements of small-claims court).
You and Epic agree to submit all Disputes between You and Epic to individual binding arbitration.
Qualifications & exceptions
Read alongside arbitration and the qualifying small-claims option.
Cross-references
has exception (model-proposed): Qualifying small claims can go directly to court — Qualifying small claims may be brought in the user’s home county as an express alternative to the general North Carolina venue provision.
Legal Rights & Agreement Rules · Restriction or exception
The agreement excludes certain contract-interpretation rules
The agreement says the Convention on Contracts for the International Sale of Goods does not apply. It also disapplies any rule requiring contract language to be construed against the drafter. These are the agreement’s stated choices, not a conclusion about their enforceability.
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The Convention on Contracts for the International Sale of Goods will not apply. Any law or regulation which provides that the language of a contract shall be construed against the drafter will not apply to this Agreement.
Arbitration has no judge or jury and more limited procedures
Section 13 warns that arbitration uses a neutral arbitrator rather than a judge or jury, with more limited discovery and appeal rights than court. Customer support is presented as a first way to resolve issues, with the dispute process, including binding individual arbitration where applicable, for remaining disputes. This general description is subject to the express exemptions later in Section 13, including qualifying small claims.
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THERE IS NO JUDGE OR JURY IN ARBITRATION, AND DISCOVERY PROCEDURES AND APPELLATE RIGHTS ARE MORE LIMITED THAN IN COURT.
This Section explains how You and Epic agree to resolve those disputes, including (where applicable) by binding, individual arbitration.
Any dispute between You and Epic is submitted to a neutral arbitrator (not a judge or jury) for fair and fast resolution.
The Informal Resolution and Arbitration sections do not apply to (1) individual actions in small-claims court;
Qualifications & exceptions
Arbitration applies only within the scope and exemptions stated in Section 13.
Covered disputes require at least thirty days of informal negotiation
Before arbitration, you and Epic must make a good-faith effort to negotiate for at least thirty days, starting when either receives a compliant written Notice of Dispute. A compliant notice and completion of this period are required before arbitration. The requirement excludes the categories listed in Section 13.3.1, including small claims, permitted agency enforcement, GDPR remedies, prior-award enforcement, Epic’s status-quo injunctions, piracy/cheats/IP claims and class-waiver enforceability.
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You and Epic agree to make a good-faith effort to negotiate any dispute between us for at least 30 days (“Informal Resolution”). Those informal negotiations will start on the day You or Epic receive a written Notice of a Dispute in accordance with this Agreement.
You or Epic cannot proceed to arbitration without having first sent a compliant Notice of Dispute and completing the Informal Resolution period.
The Informal Resolution and Arbitration sections do not apply to (1) individual actions in small-claims court; (2) pursuit of enforcement actions through a government agency if the law allows; (3) a complaint or remedy under the EU General Data Protection Regulation; (4) an action to compel or uphold any prior arbitration decision; (5) Epic’s right to seek injunctive relief against You in a court of law to preserve the status quo while an arbitration proceeds; (6) claims of piracy, creation, distribution, or promotion of cheats, and intellectual-property infringement, and (7) the enforceability of the Class Action Waiver clause below.
Qualifications & exceptions
Applies only to disputes covered by Informal Resolution and arbitration.
Dispute notices must identify the parties, problem and requested outcome
Send your Notice of Dispute to Epic Games, Inc., Legal Department, ATTN: NOTICE OF DISPUTE, Box 254, 2474 Walnut Street, Cary, North Carolina 27518, USA. It must include your name, address, contact details, relevant account names, description of the dispute and requested resolution. Epic sends its notice to your registered email and any supplied billing address, with the same required information.
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You will send your Notice of Dispute to Epic Games, Inc., Legal Department, ATTN: NOTICE OF DISPUTE, Box 254, 2474 Walnut Street, Cary, North Carolina, 27518, U.S.A.
If Epic has a dispute with You, Epic will send our Notice of Dispute to your registered email address and any billing address You have provided us. The Notice of Dispute sent by either party must include the sender’s name, address, and other contact information, a description of the Dispute (including any relevant account names) and what resolution to the Dispute is being sought.
A compliant notice pauses limitation periods; courts can enforce informal resolution
The agreement treats applicable limitation periods as paused from sending a compliant Notice of Dispute. If a party skips a compliant notice or the informal period, the other can ask Wake County state courts, or the Eastern District of North Carolina federal court when it has jurisdiction, to stop arbitration until compliance and order reimbursement of already-incurred arbitration costs. Coordinated Cases separately specify tolling from receipt through filing under their process.
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All applicable statutes of limitations will be considered tolled beginning on the day one of us sends a compliant Notice of Dispute to the other.
In the event of disagreements over whether a compliant Notice of Dispute was sent or an arbitration was filed without completing Informal Resolution, the party aggrieved by this failure can seek relief from the state courts in Wake County, North Carolina or, if federal jurisdiction exists, the United States District Court for the Eastern District of North Carolina, to enjoin the arbitration from proceeding until Informal Resolution has been completed, and to order the party that has not followed the Informal Resolution process to reimburse the other party for any arbitration fees and costs already incurred.
Applicable statutes of limitations will be tolled for claims asserted in a Coordinated Case from the time a compliant Notice of Dispute has been received by a party until, under the terms of this Agreement, the Coordinated Case is filed in arbitration or, as provided for below, in court.
Qualifications & exceptions
Requires a compliant notice; the Coordinated Cases provision uses receipt as its stated start.
Legal Rights & Agreement Rules · User right or choice
The saved agreement points EU residents to an online dispute platform
For EU residents, this January 2025 agreement says they may also be entitled to submit an online-purchase complaint to the European Commission’s ODR platform without going to court. This records the option described in the saved text, not a verification that the platform remains available.
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If you reside in the European Union (“EU”), You may also be entitled to submit Your complaint to the European Commission’s
ODR allows EU consumers to resolve disputes related to the online purchases of goods and services without going to court.
Qualifications & exceptions
For EU residents and online-purchase disputes.
Not stated here
Present availability of the referenced platform is not established by the saved agreement.
Legal Rights & Agreement Rules · User right or choice
Qualifying small claims can go directly to court
You may sue Epic in qualifying small-claims court either in your home county or Wake County, North Carolina. You need not try Informal Resolution first. The text says unresolved disputes may proceed to arbitration, subject to the agreement, but individual small-claims actions are expressly exempt from the Informal Resolution and arbitration sections.
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Instead of using Informal Resolution, You and Epic agree that You may sue us in small-claims court in your choice of the county where you live or Wake County, North Carolina (if you meet the requirements of small-claims court). We hope you’ll try Informal Resolution first, but you don’t have to before going to small-claims court.
If the dispute isn’t resolved within by Informal Resolution or small-claims court (below), You or Epic may start an arbitration in accordance with this Agreement.
The Informal Resolution and Arbitration sections do not apply to (1) individual actions in small-claims court;
Qualifications & exceptions
You must meet the small-claims court requirements.
NAM administers binding individual arbitration under the agreement’s exceptions
Covered Disputes go to individual arbitration administered by National Arbitration and Mediation under its Comprehensive Dispute Resolution Rules in effect when the Dispute arises, as modified here. Enforceability follows the US Federal Arbitration Act and federal arbitration law. Express exemptions cover small claims, lawful agency enforcement, GDPR remedies, prior awards, Epic’s status-quo injunctions, piracy/cheats/IP claims and class-waiver enforceability. Coordinated Cases follow the separate bellwether process and may later move to court.
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THE ARBITRATION PROCEEDINGS IN THIS SECTION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS ONLY.
You and Epic agree that Disputes will be settled by binding individual arbitration conducted by
National Arbitration and Mediation (“NAM”), https://namadr.com, according to NAM’s Comprehensive Dispute Resolution Rules and Procedures in effect at the time the Dispute arises (the “Rules”), as modified by this Agreement. This Agreement affects interstate commerce, and the enforceability of this Section will be substantively and procedurally governed by the U.S. Federal Arbitration Act (“FAA”), 9 U.S.C. § 1, et seq., and federal arbitration law.
The Informal Resolution and Arbitration sections do not apply to (1) individual actions in small-claims court; (2) pursuit of enforcement actions through a government agency if the law allows; (3) a complaint or remedy under the EU General Data Protection Regulation; (4) an action to compel or uphold any prior arbitration decision; (5) Epic’s right to seek injunctive relief against You in a court of law to preserve the status quo while an arbitration proceeds; (6) claims of piracy, creation, distribution, or promotion of cheats, and intellectual-property infringement, and (7) the enforceability of the Class Action Waiver clause below.
If the mediation does not yield a global resolution, this arbitration requirement shall no longer apply to Disputes that are the subject of Coordinated Cases for which a compliant Notice of Dispute was received by the other party but that were not resolved in bellwether proceedings.
Qualifications & exceptions
Express exemptions and the separate Coordinated Cases process qualify the arbitration requirement.
Arbitral remedies are individual and awards receive limited court review
A neutral arbitrator decides the covered Dispute and may award the remedies a court could award to you individually, only as needed to satisfy your individual claim. The decision is final except for limited court review under the Federal Arbitration Act and can be enforced like a court order or judgment.
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The arbitrator may award the same remedies to you individually as a court could, but only to the extent required to satisfy your individual claim.
The arbitrator’s decision is final, except for a limited review by courts under the U.S. Federal Arbitration Act, and can be enforced like any other court order or judgment.
Qualifications & exceptions
Relief is limited to satisfying the individual claim; limited statutory court review remains.
Legal Rights & Agreement Rules · Restriction or exception
Arbitration covers agreement and use disputes, with seven express exemptions
Disputes include claims about using or attempting to use the Store, Software or Services, this agreement, and the validity, scope or enforceability of arbitration, whatever legal theory applies. Informal Resolution and arbitration exclude individual small claims, legally permitted agency enforcement, GDPR complaints or remedies, enforcing prior awards, Epic’s status-quo injunctions during arbitration, piracy/cheats/IP infringement claims, and class-waiver enforceability. Coordinated Cases also have a separate route to court after the prescribed process fails.
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“Dispute” means any dispute, claim, or controversy (except those specifically exempted below) between You and Epic that relates to your use or attempted use of the Epic Games Store, Software, or Services or that relate to this Agreement, including without limitation the validity, enforceability, or scope of this Binding Individual Arbitration section.
You and Epic agree to arbitrate all Disputes regardless of whether the Dispute is based in contract, statute, regulation, ordinance, tort (including fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory.
The Informal Resolution and Arbitration sections do not apply to (1) individual actions in small-claims court; (2) pursuit of enforcement actions through a government agency if the law allows; (3) a complaint or remedy under the EU General Data Protection Regulation; (4) an action to compel or uphold any prior arbitration decision; (5) Epic’s right to seek injunctive relief against You in a court of law to preserve the status quo while an arbitration proceeds; (6) claims of piracy, creation, distribution, or promotion of cheats, and intellectual-property infringement, and (7) the enforceability of the Class Action Waiver clause below.
If the mediation does not yield a global resolution, this arbitration requirement shall no longer apply to Disputes that are the subject of Coordinated Cases for which a compliant Notice of Dispute was received by the other party but that were not resolved in bellwether proceedings.
Qualifications & exceptions
Subject to the listed exemptions and separate Coordinated Cases procedure.
The arbitrator generally decides whether a dispute is arbitrable
The parties assign the question whether a dispute is subject to arbitration to the arbitrator rather than a court. The source separately excludes class-action-waiver enforceability from arbitration, so that subject is not included in this general delegation.
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You and Epic agree that whether a dispute is subject to arbitration under this Agreement will be determined by the arbitrator rather than a court.
(7) the enforceability of the Class Action Waiver clause below.
Qualifications & exceptions
The class-action-waiver enforceability exception remains.
An arbitration demand goes to NAM and must be copied to the other party
For covered disputes unresolved through required Informal Resolution, either party may file a Demand for Arbitration with NAM under its Rules. You must send Epic a copy addressed to its Legal Department, ATTN: ARBITRATION OF DISPUTE, Box 254, 2474 Walnut Street, Cary, North Carolina 27518, USA. Epic sends its demand to your registered email and any billing address supplied. Coordinated Cases may be filed only through their prescribed bellwether process.
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You or Epic may initiate arbitration of any Disputes not resolved by Informal Resolution by filing a “Demand for Arbitration” with NAM in accordance with the Rules.
You will send a copy of any Demand for Arbitration to Epic Games, Inc., Legal Department, ATTN: ARBITRATION OF DISPUTE, Box 254, 2474 Walnut Street, Cary, North Carolina, 27518, U.S.A. Epic will send any Demand for Arbitration to your registered email address and any billing address You have provided us.
Demands for Arbitration in Coordinated Cases shall only be filed with the arbitration provider as permitted by the bellwether process set forth below.
Qualifications & exceptions
Requires completion of the applicable pre-arbitration steps; Coordinated Cases follow special filing rules.
Arbitration uses one arbitrator in English, with a choice of hearing location
One arbitrator conducts proceedings in English and is bound by the agreement. If an in-person hearing is required, you choose Wake County, North Carolina or where you live. Unless you and Epic agree otherwise, the award must explain each claim’s decision and the essential factual and legal findings.
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The arbitration will be conducted by a single arbitrator. You and Epic both agree that the arbitration will be conducted in the English language and that the arbitrator will be bound by this Agreement.
If an in-person hearing is required, the hearing will take place either in Wake County, North Carolina, or where You reside; you choose.
Unless You and Epic agree otherwise, any decision or award will include a written statement stating the decision of each claim and the basis for the award, including the arbitrator’s essential factual and legal findings and conclusions.
Qualifications & exceptions
Location choice applies when an in-person hearing is required; parties may agree otherwise about written reasons.
Legal Rights & Agreement Rules · Restriction or exception
Awards require supported individual claims and can be enforced in court
The arbitrator may grant only requested legal or equitable remedies for an individual claim supported by credible relevant evidence. As far as law permits, relief against Epic cannot concern anyone other than you. A competent court may enforce an award as a final judgment or issue judicial acceptance and an enforcement order where applicable.
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The arbitrator may only award legal or equitable remedies that are requested by You or Epic to satisfy one of our individual claims (that the arbitrator determines are supported by credible relevant evidence). To the fullest extent allowed by applicable law, the arbitrator may not award relief against Epic respecting any person other than You.
Any decision or award may be enforced as a final judgment by any court of competent jurisdiction or, if applicable, application may be made to such court for judicial acceptance of any award and an order of enforcement.
Qualifications & exceptions
Relief must be requested and supported; the restriction on relief for others is subject to applicable law.
Legal Rights & Agreement Rules · Procedure
Twenty-five similar notices with coordinated counsel trigger Coordinated Cases
At least twenty-five Notices of Dispute raising similar claims with the same or coordinated counsel are Coordinated Cases. The arbitration provider decides disputes about that classification administratively. Arbitration demands may be filed only through the specified bellwether process; Epic pays its share of fees and claimants theirs. Applicable limitation periods pause from receipt of a compliant notice until filing in arbitration or court under the agreement.
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If 25 or more Notices of Disputes are sent that raise similar claims and have the same or coordinated counsel, these will be considered “Coordinated Cases”
disputes over whether a case or cases meet the contractual definition of “Coordinated Cases” will be decided by the arbitration provider as an administrative matter.
Demands for Arbitration in Coordinated Cases shall only be filed with the arbitration provider as permitted by the bellwether process set forth below. Epic will pay only its share of arbitration fees for Coordinated Cases filed in arbitration; the claimants will be responsible for their share of those fees. Applicable statutes of limitations will be tolled for claims asserted in a Coordinated Case from the time a compliant Notice of Dispute has been received by a party until, under the terms of this Agreement, the Coordinated Case is filed in arbitration or, as provided for below, in court.
Qualifications & exceptions
Requires at least twenty-five similar notices and shared or coordinated counsel.
Selected test cases proceed first and delay other Coordinated Cases
Once claimants’ counsel says all or substantially all notices have been provided, counsel must confer in good faith on the number of bellwether cases. If they disagree, the provider or a process arbitrator selects an even number, potentially considering complexity and factual or legal differences. Each side picks half from compliant-notice claimants. Only those cases may be filed; others wait, and Epic need not pay fees for unauthorized demands. Different arbitrators should handle each bellwether unless parties agree otherwise.
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Once counsel in the Coordinated Cases has advised Epic that all or substantially all Notices of Dispute have been provided for those cases, counsel for the parties shall confer in good faith
If counsel for the parties do not agree on the number of bellwethers, an even number shall be chosen by the arbitration provider as an administrative matter (or, in the arbitration provider’s discretion, by a process arbitrator).
Once the number of bellwethers is fixed, by agreement or by the arbitration provider, each side shall select half that number from among the claimants who have provided compliant Notices of Dispute, and only those chosen cases may be filed with the arbitration provider. No other cases may be filed until those bellwether matters have concluded, and Epic Games may not be required to pay any fees associated with arbitration demands other than those permitted to be filed as bellwethers. The parties acknowledge that resolution of Coordinated Cases not selected as bellwethers will be delayed by this bellwether process.
Unless the parties agree otherwise, each bellwether trial should be assigned to a different arbitrator.
Qualifications & exceptions
Only selected compliant-notice cases proceed at this stage.
Legal Rights & Agreement Rules · Procedure
Remaining Coordinated Cases must go through one mediation
Only bellwether cases proceed in arbitration. After they finish, or earlier if counsel agree, all remaining Coordinated Cases go to one mediation, with each side paying half the fee. Counsel must agree on a mediator within thirty days of the last bellwether; otherwise the provider appoints one. They must cooperate to schedule mediation as quickly as practicable.
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Only bellwether trials will proceed in arbitration. Once all bellwether trials have concluded (or sooner if the counsel for the claimants and Epic agree), the parties must engage in a single mediation of all remaining Coordinated Cases, with each side paying half the applicable mediation fee. Epic and counsel for the claimants must agree on a mediator within 30 days after the conclusion of the last bellwether trial. If counsel for Epic and claimants cannot agree on a mediator within 30 days, the arbitration provider will appoint a mediator as an administrative matter. Epic and counsel for the claimants will cooperate for the purpose of ensuring that the mediation is scheduled as quickly as practicable after the mediator is appointed.
Qualifications & exceptions
Earlier mediation requires claimant counsel and Epic to agree.
Legal Rights & Agreement Rules · Procedure
Unresolved Coordinated Cases may move to designated courts after mediation
If mediation fails to produce a global resolution, remaining Coordinated Cases with received compliant notices and no bellwether resolution cease to be subject to arbitration. They may be filed only in Wake County state courts or, with federal jurisdiction, the Eastern District of North Carolina. Lawful removal from state to federal court remains possible. Those courts can enforce the bellwether process and stop lawsuits or demands filed contrary to it.
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If the mediation does not yield a global resolution, this arbitration requirement shall no longer apply to Disputes that are the subject of Coordinated Cases for which a compliant Notice of Dispute was received by the other party but that were not resolved in bellwether proceedings. Such Disputes may be filed only in the state courts in Wake County, North Carolina, or if federal jurisdiction exists, in the United States District Court for the Eastern District of North Carolina, and you consent as part of the Agreement to venue such cases exclusively in these courts.
Nothing in this paragraph shall be construed as prohibiting either you or Epic from removing a case from state to federal court if removal is allowed under applicable law.
The state courts of Wake County, North Carolina or, if federal jurisdiction exists, the United States District Court for the Eastern District of North Carolina, shall have authority to enforce this bellwether process and may enjoin the filing of lawsuits or arbitration demands not made in compliance with it.
Qualifications & exceptions
Requires the specified notice, bellwether and mediation conditions.
Legal Rights & Agreement Rules · User right or choice
Formerly arbitrable Coordinated Cases have a limited class-action route
When a Coordinated Case moves to court after the prescribed process, claimants may seek class treatment. As far as law allows, the proposed class is limited to Coordinated Case claimants who supplied compliant notices; any party may contest certification at any stage and on any available ground. Claimants with the same claims and common or coordinated counsel waive objections that joining them is impracticable. This is an express exception to the ordinary individual-action requirement.
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To the extent you are asserting the same claims as other persons and are represented by common or coordinated counsel, you agree to waive any objection that the joinder of all such persons is impracticable. If a formerly arbitrable Dispute is brought in court, claimants may seek class treatment, but to the fullest extent allowed by applicable law, the classes sought may comprise only the claimants in the Coordinated Cases who provided compliant Notices of Dispute. Any party may contest class certification at any stage of the litigation and on any available basis.
Qualifications & exceptions
Limited to formerly arbitrable Coordinated Cases after the required process; class certification is not guaranteed.
Cross-references
exception to (model-proposed): Non-arbitrated claims generally must remain individual — The class waiver expressly preserves limited class treatment for qualifying Coordinated Cases after the prescribed proceedings; it is not an absolute ban on all court class actions.
Legal Rights & Agreement Rules · Restriction or exception
Required arbitration must start within two years or an earlier legal deadline
For a Dispute that must be arbitrated, you or Epic must start arbitration within two years of when it first arose. If applicable law requires your claim sooner, the earlier deadline applies. The text says untimely notice bars all claims. Separate provisions pause applicable statutes of limitations after a compliant notice, including a specific receipt-to-filing rule for Coordinated Cases; the text does not expressly explain how those statutory pauses affect its own two-year contractual cap.
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13.3.5 Notice and Filing. If a Dispute must be arbitrated, You or Epic must start arbitration of the Dispute within two (2) years from when the Dispute first arose. If applicable law requires you to bring a claim for a Dispute sooner than two years after the Dispute first arose, you must start arbitration in that earlier time period.
The failure to provide timely notice shall bar all claims.
All applicable statutes of limitations will be considered tolled beginning on the day one of us sends a compliant Notice of Dispute to the other.
Applicable statutes of limitations will be tolled for claims asserted in a Coordinated Case from the time a compliant Notice of Dispute has been received by a party until, under the terms of this Agreement, the Coordinated Case is filed in arbitration or, as provided for below, in court.
Qualifications & exceptions
Only Disputes required to be arbitrated; an earlier applicable-law deadline controls.
Not stated here
The relationship between statutory tolling and the separate two-year contractual cap is not expressly resolved.
Legal Rights & Agreement Rules · Restriction or exception
The dispute process survives termination
The Section 13 dispute-resolution process continues even after this agreement terminates or Epic stops providing services to you.
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The dispute resolution process set forth in this section survives any termination of this Agreement or Epic’s provision of services to You.
Legal Rights & Agreement Rules · Company commitment
Epic cannot worsen arbitration procedures for an existing Dispute
Once a Dispute arises, Epic cannot change arbitration terms or specified rules in a way that makes procedures less favorable to the claimant. The arbitrator decides whether a change is less favorable; for multiple claimants in Coordinated Cases, the arbitration provider decides applicability of revised terms as a process matter.
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Although Epic may revise this Agreement in its discretion, Epic does not have the right to alter the terms of arbitration or the rules specified herein with respect to any Dispute once that Dispute arises, if such change would make arbitration procedures less favorable to the claimant. Whether changed procedures are less favorable to the claimant is an issue to be decided by the arbitrator, and if multiple claimants are proceeding in Coordinated Cases, the applicability of revised terms to the Coordinated Cases will be decided by the arbitration provider as a process matter.
Qualifications & exceptions
Protects a Dispute after it arises; the specified decision-maker evaluates applicability.
Legal Rights & Agreement Rules · Restriction or exception
Non-arbitrated claims generally must remain individual
As far as law allows, claims about Epic products, their use or attempted use, or this agreement that are not required to be arbitrated must be brought individually. You and Epic waive class, representative and private-attorney-general actions and may not combine individual proceedings without every party’s express consent. The stated exception allows limited class treatment for unresolved Coordinated Cases after the bellwether and mediation process, restricted as far as law allows to compliant-notice claimants.
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To the maximum extent permitted by applicable law, for any case not subject to the requirement to arbitrate (except to the limited extent discussed above for Coordinated Cases), You and Epic agree to only bring disputes, claims, or controversies between you and Epic that relates to any Epic Product or the Epic Products generally, your use or attempted use of an Epic Product, or this Agreement, in an individual capacity and shall not: seek to bring, join, or participate in any class or representative action, collective or class-wide arbitration, or any other action where another individual or entity acts in a representative capacity (e.g., private attorney general actions); or
consolidate or combine individual proceedings or permit another to do so without the express consent of all parties.
If a formerly arbitrable Dispute is brought in court, claimants may seek class treatment, but to the fullest extent allowed by applicable law, the classes sought may comprise only the claimants in the Coordinated Cases who provided compliant Notices of Dispute.
Qualifications & exceptions
Subject to law and the express Coordinated Cases exception; combining individual proceedings requires all parties’ consent.
Cross-references
has exception (model-proposed): Formerly arbitrable Coordinated Cases have a limited class-action route — The class waiver expressly preserves limited class treatment for qualifying Coordinated Cases after the prescribed proceedings; it is not an absolute ban on all court class actions.
Invalid class-arbitration restrictions can invalidate most of Section 13
Ordinarily, an invalid, unenforceable or illegal Section 13 provision is severed and the rest remains. But if the ban on class arbitration fails, all of Section 13 except Section 13.4 becomes void and disputes go to court under the agreement’s venue and choice clauses. The text says class arbitration cannot occur without Epic’s express consent.
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If all or any provision of this Section is found invalid, unenforceable, or illegal, then You and Epic agree that the provision will be severed and the rest of the agreement shall remain in effect and be construed as if any severed provision had not been included. The sole exception is that if the prohibition on class arbitrations is found invalid, unenforceable, or illegal, You and Epic agree that it will not be severable; this entire Section 13, except for Section 13.4, will be void and unenforceable and any dispute will be resolved in court subject to the venue and choice of clauses specified in this Agreement. Under no circumstances shall arbitration be conducted on a class basis without Epic’s express consent.
Qualifications & exceptions
The special outcome requires invalidity of the class-arbitration prohibition; Section 13.4 remains.
Legal Rights & Agreement Rules · Restriction or exception
US government users receive only the standard commercial license rights
Software is classified here as a Commercial Item consisting of Commercial Computer Software and documentation under the cited federal regulations. US government end users receive only the rights other licensees receive under this agreement. This does not supply or interpret the external regulations.
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The Software is a “Commercial Item” (as defined at 48 C.F.R. §2.101), consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation” (as used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable). The Software is being licensed to U.S. Government end users only as Commercial Items and with only those rights as are granted to other licensees under this Agreement.
Qualifications & exceptions
Applies to US government end users.
Legal Rights & Agreement Rules · Restriction or exception
You warrant that US sanctions restrictions do not cover you
You represent that you are not located in a US-embargoed country or one the US designates as supporting terrorism, and that you are not on a US prohibited- or restricted-party list. The agreement does not supply the country or party lists.
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You represent and warrant to Epic that 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, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
Not stated here
The applicable country and party lists are not included in this source.
Legal Rights & Agreement Rules · Procedure
Continued use after amendments take effect accepts them
Epic may amend the agreement by posting it online or providing digital access through Software or other means. If an amendment is unacceptable, you may terminate under Section 9 before it takes effect, stop using Software and delete all copies; otherwise post-effective-date use or other acceptance binds you. This general power remains subject to the ninety-day notice rule for Rewards changes and the bar on worsening arbitration procedures for an already-arisen Dispute.
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Epic may issue an amended Agreement at any time in its discretion by posting the amended Agreement on its website or by providing you with digital access to the amended Agreement through the Software or other means. If any amendment to this Agreement is not acceptable to you, you may terminate this Agreement in accordance with Section 9 before such amended Agreement becomes effective, upon which you must stop using the Software. By using the Software after the amended Agreement becomes effective or otherwise indicating your acceptance of the amended Agreement, you are agreeing to be bound by the terms of the amended Agreement.
You may also terminate this Agreement by deleting all copies of the Software.
Any changes Epic makes will be effective 90 days after Epic provides the user(s) notice, which it may give either by e-mail or through the Account Management page in the Epic Games Store under EULA history.
Epic does not have the right to alter the terms of arbitration or the rules specified herein with respect to any Dispute once that Dispute arises, if such change would make arbitration procedures less favorable to the claimant.
Qualifications & exceptions
Rewards changes have a specific notice period; existing Disputes retain the stated arbitration protection.
Legal Rights & Agreement Rules · Restriction or exception
Your assignments require consent; Epic may assign its obligations
You need Epic’s prior written consent to assign, transfer, charge or subcontract any rights or obligations; an unconsented attempt is void under the agreement. If Software-transfer restrictions cannot be enforced under your country’s law, a transferee is bound by the agreement. Epic may assign, transfer, charge or subcontract its own rights or obligations at any time.
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You may not, without the prior written consent of Epic, assign, transfer, charge, or sub-contract all or any of your rights or obligations under this Agreement, and any attempt without that consent will be null and void. If restrictions on transfer of the Software in this Agreement are not enforceable under the law of your country, then this Agreement will be binding on any transferee of the Software. Epic may at any time assign, transfer, charge, or sub-contract all or any of its rights or obligations under this Agreement.
Qualifications & exceptions
Country-law limits on Software-transfer restrictions remain recognized.
Your primary residence determines the Epic contracting company
For US residents, the contracting entity is Epic Games, Inc., a Maryland corporation with its mailing address in Cary, North Carolina. For residents outside the US, it is Epic Games Commerce GmbH, a Swiss limited-liability company at Platz 10, 6039 Root D4, Switzerland. The definition uses your primary residence.
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“Epic” means, depending on the location of your primary residence:
If you reside in the United States of America, the Epic entity entering into this Agreement with you is Epic Games, Inc., a Maryland Corporation having its mailing address at Box 254, 2474 Walnut Street, Cary, North Carolina, 27518, U.S.A.
If you reside outside the United States of America, the Epic entity entering into this Agreement with you is Epic Games Commerce GmbH, a Swiss company with limited liability having its principal business offices at Platz 10, 6039 Root D4, Switzerland.
Qualifications & exceptions
Determined by primary residence.
Legal Rights & Agreement Rules · Context
The agreement and specified companion terms replace other communications
This agreement, the Terms of Service, Privacy Policy, Software Specific Terms and other additional terms agreed with Epic form the entire agreement on its subject. Other communications, proposals and representations about that subject are excluded. This clause does not supply the separate documents’ contents.
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This Agreement, together with the Terms of Service, Privacy Policy, and any Software Specific Terms or other additional terms you may have agreed to with Epic, constitutes the entire agreement between you and Epic relating to the subject matter covered by this Agreement. All other communications, proposals, and representations with respect to the subject matter covered by this Agreement are excluded.
Qualifications & exceptions
Limited to the subject matter covered by this agreement.
Legal Rights & Agreement Rules · Restriction or exception
English is the original; translations are for reference
The original agreement is in English and translations are for reference only. The text asks you to waive rights to have it written or construed in another country’s language. The general mandatory-law safeguard also says the agreement cannot change local rights where local law forbids that change.
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The original of this Agreement is in English; any translations are provided for reference purposes only. You waive any right you may have under the law of your country to have this Agreement written or construed in the language of any other country.
This Agreement does not change your rights under the laws of your jurisdiction if the laws of your jurisdiction do not permit it to do so.
Qualifications & exceptions
Mandatory local rights remain protected by the agreement’s general safeguard.
Legal Rights & Agreement Rules · User right or choice
Mandatory local rights remain, with a special arbitration severability rule
The agreement recognizes other local rights and does not change rights where local law forbids it. Warranty and remedy exclusions may therefore not apply in your circumstances. Generally, unenforceable provisions are enforced only as far as law permits and the rest remains. Section 13 has a specific exception: failure of the class-arbitration prohibition invalidates that section except Section 13.4.
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This Agreement describes certain legal rights. You may have other rights under the laws of your jurisdiction. This Agreement does not change your rights under the laws of your jurisdiction if the laws of your jurisdiction do not permit it to do so. Limitations and exclusions of warranties and remedies in this Agreement may not apply to you because your jurisdiction may not allow them in your particular circumstance. In the event that certain provisions of this Agreement are held by a court or tribunal of competent jurisdiction to be unenforceable, those provisions shall be enforced only to the furthest extent possible under applicable law and the remaining terms of this Agreement will remain in full force and effect.
The sole exception is that if the prohibition on class arbitrations is found invalid, unenforceable, or illegal, You and Epic agree that it will not be severable; this entire Section 13, except for Section 13.4, will be void and unenforceable
Qualifications & exceptions
Mandatory local law controls; the special class-arbitration severability outcome remains.
Legal Rights & Agreement Rules · Restriction or exception
Epic’s delay in exercising rights is not a waiver
An act, failure or delay by Epic in exercising rights under the agreement, law or equity does not waive those or other available rights or remedies.
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Any act by Epic to exercise, or failure or delay in exercise of, any of its rights under this Agreement, at law or in equity will not be deemed a waiver of those or any other rights or remedies available in contract, at law or in equity.
Legal Rights & Agreement Rules · Restriction or exception
Nonparties receive rights only where expressly stated
The agreement says it gives rights or remedies only to its parties unless it expressly provides otherwise. This preserves express protections for other named parties rather than implying that no third party can ever benefit.
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You agree that this Agreement does not confer any rights or remedies on any person other than the parties to this Agreement, except as expressly stated.
Qualifications & exceptions
Express exceptions remain.
Legal Rights & Agreement Rules · Permission or license
Law-enforcement or regulatory compliance may override agreement terms
Epic’s obligations are subject to existing laws and legal process. It may comply with law-enforcement or regulatory requests or requirements despite contrary terms in this agreement. This does not itself specify particular data disclosures or every request Epic will accept.
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Epic’s obligations are subject to existing laws and legal process, and Epic may comply with law enforcement or regulatory requests or requirements despite any contrary term in this Agreement.
Legal Rights & Agreement Rules · Procedure
Using the Store or Software accepts this agreement
Accessing the Epic Games Store, downloading or using Software, or otherwise accepting binds you to this agreement, including purchases and Services accessed through Software. If you cannot agree, it says not to access the Store or download or use Software.
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By accessing the Epic Games Store, by downloading or using the Software, or by otherwise indicating your acceptance of this Agreement, you are agreeing to be bound by the terms of this Agreement. If you do not or cannot agree to the terms of this Agreement, please do not access the Epic Games Store or download or use this Software.
Legal Rights & Agreement Rules · Context
Three linked Epic policies are incorporated
The agreement incorporates Epic’s Privacy Policy, Fan Content Policy and Terms of Service. These respectively concern information handling, using Epic intellectual property in fan content, and website rules. This source identifies those policies but does not supply their full terms.
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You are also agreeing to the Epic policies and terms listed below, which are expressly incorporated into this Agreement.
explains what information we collect from you and how we protect it.
explains what you can do with Epic’s Intellectual Property in the content you create.
explain the rules for our websites.
Not stated here
The linked policies’ full terms are not supplied in this agreement.
Legal Rights & Agreement Rules · Context
The opening notice flags individual arbitration and a class action waiver
The opening notice flags individual arbitration and a class waiver, but points to Section 12, which actually addresses governing law and courts; the arbitration heading is Section 13. Its cost promise is narrowed by the detailed rules: Epic covers NAM filing fees for good-faith disputes up to $10,000, aggregates similar claims with common or coordinated counsel, excludes lawyer fees and costs, and pays only its share in Coordinated Cases. Arbitration has express exemptions, including small claims, permitted agency enforcement, GDPR remedies, prior-award enforcement, Epic’s status-quo injunctions, piracy/cheats/IP claims and class-waiver enforceability. Unresolved Coordinated Cases can reach court and seek limited class treatment after the required bellwether and mediation process.
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You and Epic agree to resolve disputes between us in individual arbitration (not in court).
THIS AGREEMENT CONTAINS A BINDING, INDIVIDUAL ARBITRATION AND CLASS-ACTION WAIVER PROVISION. IF YOU ACCEPT THIS AGREEMENT, YOU AND EPIC AGREE TO RESOLVE CERTAIN DISPUTES IN BINDING, INDIVIDUAL ARBITRATION AND GIVE UP THE RIGHT TO GO TO COURT INDIVIDUALLY OR AS PART OF A CLASS ACTION, AND EPIC AGREES TO PAY YOUR ARBITRATION COSTS FOR ALL DISPUTES OF UP TO $10,000 THAT ARE MADE IN GOOD FAITH (SEE SECTION 12).
12. Governing Law and Jurisdiction
13. Binding Individual Arbitration; Class Action Waiver
If the Dispute involves $10,000 or less, Epic will pay all of the NAM filing fee, including the fee you otherwise would have been required to pay.
For purposes of calculating damages under this paragraph, similar claims brought by multiple claimants represented by the same or coordinated counsel will be aggregated.
The fee assistance offered above is contingent upon You bringing the arbitration claim in “good faith”.
Filing fees Epic agrees to pay under this section do not include your Attorneys’ fees and costs and such fees and costs are not counted when determining how much a dispute involves.
Epic will pay only its share of arbitration fees for Coordinated Cases filed in arbitration; the claimants will be responsible for their share of those fees.
The Informal Resolution and Arbitration sections do not apply to (1) individual actions in small-claims court; (2) pursuit of enforcement actions through a government agency if the law allows; (3) a complaint or remedy under the EU General Data Protection Regulation; (4) an action to compel or uphold any prior arbitration decision; (5) Epic’s right to seek injunctive relief against You in a court of law to preserve the status quo while an arbitration proceeds; (6) claims of piracy, creation, distribution, or promotion of cheats, and intellectual-property infringement, and (7) the enforceability of the Class Action Waiver clause below.
If the mediation does not yield a global resolution, this arbitration requirement shall no longer apply to Disputes that are the subject of Coordinated Cases for which a compliant Notice of Dispute was received by the other party but that were not resolved in bellwether proceedings.
If a formerly arbitrable Dispute is brought in court, claimants may seek class treatment, but to the fullest extent allowed by applicable law, the classes sought may comprise only the claimants in the Coordinated Cases who provided compliant Notices of Dispute.
Qualifications & exceptions
The detailed fee rules limit the opening cost promise; express arbitration exemptions and the Coordinated Cases court route remain.
Not stated here
The notice’s Section 12 reference does not identify the detailed arbitration section.
A third-party licensor’s or publisher’s privacy policy may govern its Software or Services. Downloading or using Software also accepts Epic’s Terms of Service and acknowledges reading Epic’s Privacy Policy; this is not a statement of what those separate policies permit.
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If you use third party Software or services, the privacy policy of the applicable licensor or publisher may also govern your use of that Software or Services. By downloading or using the Software, you also agree to Epic’s Terms of Service and acknowledge that you have read Epic’s Privacy Policy.
Qualifications & exceptions
Applies to the relevant third-party Software or Services.