Epic Developer Subscription Terms
Last Updated: April 23, 2024
Access and/or usage of some products or features (“Product”) available for Epic developers is offered on the basis of subscription with recurring payments. By purchasing a subscription (“Subscription”), you agree to the following terms (“Epic Developer Subscription Terms”). Your Subscription is a part of the relevant product End User License Agreement or any other document governing the Product (“Product Standard Terms”), which is incorporated into the Epic Developer Subscription Terms by reference.
When we say, “you,” “your” or “yourself”, we mean you as an individual or the legal entity exercising rights under these Epic Developer Subscription Terms through you. When we say “Epic,” “we” or “us,” we are referring to the Epic entity responsible for providing the Product under the Product Standard Terms.
PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN A CLASS-ACTION WAIVER PROVISION. IF YOU ACCEPT THESE TERMS, YOU AND EPIC AGREE TO RESOLVE DISPUTES ONLY IN YOUR INDIVIDUAL CAPACITIES AND NOT AS PART OF A CLASS ACTION (SEE SECTION 1518). YOU HAVE A TIME-LIMITED RIGHT TO OPT OUT OF THIS WAIVER. BY AGREEING TO THESE TERMS, YOU ARE ALSO AGREEING TO CONTRACTUAL TERMS THAT WILL LIMIT SOME OF YOUR LEGAL RIGHTS, INCLUDING A DISCLAIMER OF WARRANTY, AN EXCLUSION OF CERTAIN KINDS OF DAMAGES, AND A LIMITATION OF LIABILITY.
You and Epic agree to waive any jurisdictional, venue, or inconvenient forum objections to such courts (without affecting either party’s rights to remove a case to federal court if permissible), as well as any right to a jury trial.
1. Period
Your Subscription may be made available based on different recurring periods with a start date and an end date (“Subscription Period”).
2. Fee
Your Subscription is offered for the recurring fee indicated at the time you enroll (“Subscription Fee”). The Subscription Fee is exclusive of any applicable federal, state, or municipal taxes or duties unless otherwise required by applicable law.
3. Payment
By providing Epic with a payment method, you represent that (i) you are an adult who is authorized to use the payment method you provided and (ii) any payment information you provide is true and accurate. When you provide a payment method to pay the Subscription Fee for a Subscription, you authorize Epic to charge you the Subscription Fee using the provided payment method, once per Subscription Period, until the Subscription is canceled. You must cancel your Subscription before the end of the Subscription Period to stop being charged Subscription Fees. If you cancel your Subscription, your Subscription will not renew for the following Subscription Period, and you will not be charged another Subscription Fee.
4. Free Trials
Some Subscriptions may offer free trials. Such free trials are governed by separate agreements.
5. Free Benefits
From time to time, Epic may provide additional benefits with your Subscription. Additional benefits are not guaranteed, may not be available to all subscribers, and may be changed from time to time, or discontinued, entirely at Epic’s discretion.
6. Term
Subscriptions are continuous until you cancel them, and you authorize Epic to charge you the Subscription Fee using your provided payment method both (i) when you initially enroll in a Subscription and (ii) at the beginning of each subsequent Subscription Period until you cancel the Subscription.
7. Changes by You
Some Subscriptions may allow you to change the quantity of the Products, recurrence, etc., which may change the Subscription Period and/or the Subscription Fee.
8. Changes by Epic
Epic reserves the right to change the Epic Developer Subscription Terms from time to time. Epic may also change the Subscription Fee at any time upon notice to you; provided, however, that the Subscription Fee for your Subscription will remain in force for the duration of any Subscription Period for which you have already paid. You will be charged at the then-current Subscription Fee on a going-forward basis. If you do not agree to a Subscription Fee change, you must cancel your Subscription before the end of your Subscription Period. By paying the new Subscription Fee and continuing to use the Subscription, you indicate that you accept the new recurring Subscription Fee.
9. Cancellation
If your payment method cannot be charged for a Subscription Fee, Epic may cancel your Subscription. You can cancel your Subscription at any time in your account management page.
10. Consequences of Cancellation
If your Subscription is canceled, your rights to continue using the Product under the Subscription will continue until the end of its then-current Subscription Period for which you have paid the Subscription Fee. Subscription cancellation does not affect your ability to access software downloaded to or installed on your device; however, continued use of the Product is subject to the Product’s Standard Terms which may require you to pay the Subscription Fee. You will not be eligible for a prorated refund for any portion of the Subscription Fee when you cancel.
11. Language
The controlling language of these Epic Developer Subscription Terms is English; any translations are provided for reference purposes only. It is the express wish of the parties that these Epic Developer Subscription Terms and all related documents have been drawn up in English. You waive any right you may have under the law of your country to have these Epic Developer Subscription Terms written or construed in any other languages.
12. Governing Law and Jurisdiction
Any dispute or claim by you arising out of or related to these Epic Developer Subscription Terms will be governed by New York law, exclusive of its choice of law rules. You and Epic agree to submit to the exclusive jurisdiction of the Supreme Court of New York County, New York, or, if federal court jurisdiction exists, the United States District Court for the Southern District of New York. You and Epic agree to waive any jurisdictional, venue, or inconvenient forum objections to such courts (without affecting either party’s rights to remove a case to federal court if permissible), as well as any right to a jury trial. The Convention on Contracts for the International Sale of Goods will not apply. Any law or regulation that provides that the language of a contract will be construed against the drafter will not apply to the Epic Developer Subscription Terms. This paragraph will be interpreted as broadly as applicable law permits.
13. No Class Actions
To the maximum extent permitted by applicable law, you and Epic agree to only bring disputes arising out of or related to these Epic Developer Subscription Terms in an individual capacity and will not:
a. 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); orb. consolidate or combine individual proceedings or permit another to do so without the express consent of all parties to these Epic Developer Subscription Terms.
You have the right to opt-out of this class action waiver within 30 days of the date on which you first accepted these Epic Developer Subscription Terms unless a longer period is required by applicable law. To exercise this right, you must send written notice of your decision to the following address: Epic Games, Inc., Legal Department, ATTN: CLASS ACTION OPT-OUT, Box 254, 2474 Walnut Street, Cary, North Carolina, 27518, U.S.A. Your notice must include your name, mailing address, and account name, and state that you wish opt-out of this class action waiver. To be effective, this notice must be received by Epic and postmarked or deposited within 30 days of the date on which you first accepted these Epic Developer Subscription Terms. You are responsible for ensuring that Epic receives your opt-out notice, so you may wish to send it by a means that provides for a delivery receipt.
14. No Assignment
You may not assign your rights or obligations under these Epic Developer Subscription Terms. Any attempted assignment in violation of the foregoing will be void. We may assign these Epic Developer Subscription Terms, in whole or in part, with or without notice to you.
15. Relationship of the Parties
The relationship between you and Epic will be that of independent signatories, and nothing in these Epic Developer Subscription Terms will be construed to constitute either party an agent of the other party. Without limiting the foregoing, neither party will have authority to act for or to bind the other party in any way, including to make representations or warranties or to execute agreements on behalf of the other party. These Epic Developer Subscription Terms will not be construed to create an association, joint venture, or partnership between the parties or to impose any partnership obligation or liability upon any party.
16. Severability
If any term of these Epic Developer Subscription Terms is held by a court or tribunal of competent jurisdiction to be unenforceable, the term will be enforced to the maximum extent permissible, and the remaining terms of these Epic Developer Subscription Terms will remain in full force and effect.