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Epiq Global Terms of Service 

Last Updated: June 15, 2026 

This Terms of Service Agreement (“Agreement”) governs your access to and use of certain Software-as-Services products provided by Epiq eDiscovery Solutions, Inc. and/or its affiliates (“Epiq Global”, "we", "us", or "our"). This includes Software-as-Services and products accessed via Epiq Access and/or other online platforms, websites, software, applications, now known or hereafter devised, whether paid or provided for trial/evaluation purposes (collectively, the “Services”). 

This Agreement consists of: (1) these Terms of Service, (2) any ordering documents like Order Forms or Work Orders between you (“Customer”, “you”, “your”) and Epiq Global, (3)  the Epiq Global Service Level Agreement (“SLA”) at Service Level Agreement | Epiq, (4) the Epiq Global Privacy Policy, (5) any applicable Data Processing Addendum (“DPA”) Data Processing Terms, and each attachment hereto agreed upon by the parties, all of which are incorporated herein. Should there be a conflict between the terms of the documents identified above, such conflict shall be resolved in favor of the term set forth in the first document identified in the preceding sentence. 

If your organization has a separate, executed Master Services Agreement ("MSA") with Epiq Global covering specific services, that MSA's terms take precedence for those services. This Agreement applies to services not covered by an MSA or to matters not addressed in such an MSA. 

By accessing or using the Services, executing an Order Form that references this Agreement, or clicking "I Agree", you acknowledge that you have read, understood, and agree to be bound by the terms and conditions of this Agreement. If you are acting on behalf of an entity, you represent and warrant you have the authority to bind them. If not, or if you disagree, do not use the Services. 

1. Key Terms 

Defined Terms. For the purposes of this Agreement, unless otherwise specified herein, capitalized terms shall have the meanings ascribed to them below: 

  • Affiliate: With respect to any entity, any other entity directly or indirectly controlling or controlled by, or under direct or indirect common control with, such entity or one or more of the other Affiliates of that entity (or a combination thereof).  For the purposes of this definition, an entity shall control another entity if the first entity: (1) owns, beneficially or of record, more than fifty percent (50%) of the voting securities of the other entity; (2) has the ability to elect a majority of the directors of the other entity; or (3) provides day to day management of such entity under contract or as managing general partner. 
  • Agents: the respective owners, principals, managers, representatives, stockholders, partners, officers, members, directors, attorneys, agents, subcontractors, consultants, contractors, and employees of a party. 
  • Authorized User: An individual you permit to use the Services, for whom you've purchased a license (or enabled access for trials). 
  • Confidential Information or CI: Non-public information marked confidential or reasonably understood as confidential. Excludes information already known, publicly available without breach, received from a third party without restriction, or independently developed. Epiq's CI includes the Services; your CI includes Customer Data. 
  • Customer Data: A copy of the Original Data you submit to the Services. 
  • Documentation: Epiq's standard user manuals and technical publications for the Services. 
  • Intellectual Property Rights (IPR): Patents, copyrights, trademarks, trade secrets, and other similar rights. 
  • Order Form / Work Order: A document (including online orders or confirmations for Trial Services) specifying Services you order and their terms (like scope, duration, fees). 
  • Original Data: The original version of all data and materials you submit to the Services. 
  • Personal Data: Information relating to an identified or identifiable natural person, as defined by Data Protection Laws. 
  • Services: The products and services provided by Epiq Global as described in Documentation or Order Forms, including Trial Services. 
  • SLA: Epiq Global's Service Level Agreement, applicable only to certain paid production Services. 
  • Trial Period: The limited time Trial Services are available. 
  • Trial Services: Services provided for limited evaluation, pilot, or preview purposes, not for production or commercial use. 
  • Usage Data: Technical data about Service usage (e.g., logs), aggregated and de-identified so it doesn't identify you or individuals.

2. Access and Use Rights 

  • Grant: Subject to this Agreement, Epiq Global grants you a limited, non-exclusive, non-transferable right to access and use the Services for your internal business (or internal evaluation for Trial Services) during the term specified in the Order Form or associated documentation. 
  • Authorized Users: You are responsible for your Authorized Users' compliance with this Agreement and their actions using the Services. You must prevent unauthorized access and notify Epiq Global immediately if it occurs. 
  • Documentation: You may copy and use the Documentation as needed for Service use. 

3. How You May Use the Services 

You agree not to, and will prevent others from: 

  • Use the Services for any purpose other than permitted internal use (or evaluation for Trial Services). 
  • Copy, modify, create derivative works of, or reverse engineer the Services. 
  • Sublicense, resell, or make the Services available to third parties (other than Authorized Users). 
  • Use the Services to build a competitive product or service, or for competitive analysis or benchmarking without written consent. 
  • Submit unlawful, harmful, or infringing material, including malicious code. 
  • Interfere with Service integrity or performance, including interfering with Epiq Global's network or policies. 
  • Attempt unauthorized access to Services or systems. 
  • Remove or alter proprietary notices. 
  • Use Services in violation of law or Epiq Global's acceptable use policy. 
  • Conduct security testing without consent. 
  • Use Services for High Risk Activities (where failure could cause death, injury, or environmental damage). 
  • Use AI features (including in Trial Services), use outputs to train competing models, misrepresent outputs as human, or for discriminatory/harmful purposes. 
  • Use the Services or Trial Services to publish evaluation or benchmarking results without Epiq Global’s prior written consent. 

4. Your Responsibilities 

You are responsible for: 

  • Your and your Authorized Users' compliance with this Agreement. 
  • The accuracy, quality, and legality of Customer Data and ensuring you have necessary rights and consents for its use with the Services. 
  • Maintaining the confidentiality of user credentials. 
  • Your own network and systems needed to access the Services. 
  • Complying with all applicable laws, including Data Protection Laws. 
  • Accurately describing any data provided to Epiq Global that requires special handling (like export controls or heightened protection measures) and obtaining Epiq Global's written agreement for such handling. 

5. Data and Privacy 

  • Customer Data Use: Epiq Global uses Customer Data only to provide, maintain, support, and improve the Services for you, as described in this Agreement and any DPA. 
  • Security: Epiq Global maintains commercially reasonable safeguards to protect Customer Data security, confidentiality, and integrity. See Security for more details. 
  • Personal Data / Data Processing: Where Services involve processing Personal Data on your behalf, you are the data controller and Epiq Global is the data processor. Both parties agree to comply with applicable Data Protection Laws. Epiq Global will process Personal Data only as instructed by you and consistent with this Agreement and any applicable DPA. A separate DPA, if applicable, will provide more detailed terms. You warrant that you have the legal right and all necessary consents to provide Personal Data to Epiq Global for processing according to this Agreement. 
  • International Transfers: If Customer Data is processed outside your or Epiq Global's primary location, the parties may agree to use standard contractual clauses or other approved mechanisms under Data Protection Laws. 
  • Usage Data: Epiq Global may collect and use anonymized, aggregated Usage Data for its business purposes, including improving Services. 
  • Trial Data Handling: For Trial Services, Epiq Global is not required to retain Customer Data after the Trial Period ends. You are responsible for exporting data before termination. Epiq Global may delete Trial Service data after the Trial Period without liability. 

6. Ownership (IPR) 

  • Epiq Global IP: Epiq Global owns all rights, title, and interest, including IPR, in the Services, Documentation, Usage Data, and related technology. Nothing in this Agreement transfers any Epiq Global IP to you. 
  • Customer Data: You own all rights, title, and interest, including IPR, in your Customer Data. You grant Epiq Global a license to use Customer Data to provide the Services. 
  • Feedback: If you provide suggestions or feedback, you grant Epiq Global a free, worldwide, perpetual license to use it in its products and services. 

7. Confidentiality 

Each party (as "Receiving Party") must protect the other's ("Disclosing Party") Confidential Information with the same care it uses for its own (at least reasonable care). Receiving Party may only use CI to fulfill obligations under this Agreement and disclose it only to those with a need to know who are bound by similar confidentiality terms. Receiving Party may disclose CI if legally compelled, provided it gives Disclosing Party prior notice (if permitted) and reasonable assistance to object. 

8. Warranties and Disclaimers 

  • Mutual Warranties: Each party warrants they have the legal power to enter this Agreement. 
  • Paid Services Warranty: For paid Services, Epiq Global warrants the Services will perform materially as described in the Documentation and professional services will be performed professionally. Your sole remedy for breach is re-performance or, if that's not commercially reasonable, termination and a refund of prepaid, unused fees for the affected Service. 
  • Trial Services Disclaimer:TRIAL SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND “WHERE IS”. EPIQ GLOBAL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, FOR TRIAL SERVICES. Epiq Global doesn't warrant Trial Services will be error-free, meet your needs, or be secure. 
  • General Disclaimer: EXCEPT FOR THE LIMITED PAID SERVICES WARRANTY, ALL SERVICES ARE PROVIDED "AS IS". EPIQ GLOBAL DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. Epiq Global doesn't warrant Services will be uninterrupted or error-free. AI feature outputs are provided "AS IS" without accuracy warranty, and you are solely responsible for verifying them. Epiq Global isn't responsible for internet issues or problems outside its direct control. EPIQ GLOBAL DISCLAIMS LIABILITY FOR LOSS OR CORRUPTION OF DATA PRIOR TO ITS RECEIPT OR COLLECTION, OR FOR LOSS/DAMAGE FROM DATA YOU PROVIDE THAT IS UNRELATED TO THE SERVICE PURPOSE, OF AN UNKNOWN TYPE, OR REQUIRES SPECIAL HANDLING NOT AGREED TO IN WRITING. 

9. Indemnification 

  • By Epiq Global: Epiq Global will defend you against third-party claims that paid Services (used as permitted) infringe their IPR and pay awarded damages/costs, provided you give prompt notice, control of defense, and assistance. Epiq Global may modify the Service or obtain a license to avoid infringement, or terminate the affected Service and refund prepaid fees. This doesn't apply to claims from Customer Data, your breach, or combination with non-Epiq Global items. This indemnity may not apply to Trial Services.
  • By Customer: You will defend Epiq Global against third-party claims arising from your Customer Data, your breach of this Agreement, any instruction you provide to Epiq Global, or your gross negligence/willful misconduct. You will pay awarded damages/costs, provided Epiq Global gives prompt notice, control of defense, and assistance. 
  • Exclusive Remedy: This Section 9 provides the parties' sole indemnity obligations and remedies. 

10. Limitation of Liability 

  • Paid Services Cap: NEITHER PARTY'S AGGREGATE LIABILITY UNDER THIS AGREEMENT (EXCLUDING TRIAL SERVICES) WILL EXCEED THE AMOUNT YOU PAID FOR THE AFFECTED SERVICES IN THE 12 MONTHS BEFORE THE CLAIM AROSE. This does not limit your payment obligations. 
  • Exclusion of Indirect Damages: NEITHER PARTY IS LIABLE FOR LOST PROFITS, REVENUES, GOODWILL, OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER, BUSINESS INTERRUPTION, OR PUNITIVE DAMAGES, REGARDLESS OF THE THEORY (CONTRACT, TORT, ETC.), EVEN IF ADVISED OF THE POSSIBILITY. 
  • Trial Services Cap: FOR TRIAL SERVICES, EPIQ GLOBAL'S TOTAL LIABILITY, INCLUDING FOR ANY DIRECT OR INDIRECT DAMAGES, WILL NOT EXCEED ONE HUNDRED US DOLLARS ($100 USD). 
  • Exceptions: Limitations above do not apply to your payment obligations, your indemnity obligations, breach of confidentiality, gross negligence or willful misconduct, or IPR infringement/misappropriation by a party. 

11. Fees and Payment 

  • You will pay fees for paid Services as specified in Order Forms. Trial Services are typically free for the Trial Period. 
  • Fees are generally based on purchased subscriptions, non-cancelable, and non-refundable. 
  • Invoices are due net thirty (30) days unless the Order Form states otherwise. 
  • Overdue amounts may accrue interest (1.5%/month or legal maximum). Epiq Global may suspend Services for payments 30+ days overdue after notice. 
  • You are responsible for Taxes (excluding Epiq Global's income/property taxes). 

12. Term and Termination 

  • Agreement Term: Starts on the Effective Date and lasts until all Services terms expire or are terminated. 
  • Paid Services Term: As per the Order Form. Renew automatically unless either party gives 60 days' notice of non-renewal. 
  • Trial Services Term: The specified Trial Period. Access terminates automatically afterward unless you enter into a paid agreement. Epiq Global may terminate Trial Services at any time, with or without cause or notice. 
  • Termination for Cause: Either party may terminate the Agreement (excluding Trial Services) with 30 days' notice for uncured material breach, or immediately if the other enters bankruptcy/insolvency. 
  • Effect of Termination: If you terminate for Epiq Global's breach, Epiq Global refunds prepaid fees for the remaining term. If Epiq Global terminates for your breach, you pay all remaining fees for the term. You must pay fees for Services used before termination. 
  • Data Handling After Termination: For paid Services, you can request Customer Data export within 30 days after termination/expiration. After 30 days (or immediately for Trial Services), Epiq Global may delete Customer Data. 
  • Survival: Sections 1, 3, 5 (Data), 6 (IPR), 7 (Confidentiality), 8 (Warranties/Disclaimers), 9 (Indemnification), 10 (Limitation of Liability), 11 (Fees - for prior usage), 12.6 (Data Handling), 12.7 (Survival), 13 (Governing Law/Dispute Resolution), and 14 (General) survive termination. 

13. Governing Law and Dispute Resolution 

  • Governing Law: Delaware law applies, without regard to conflict of laws principles. 
  • Dispute Resolution: Disputes will be settled by binding arbitration in Kansas City, Missouri, administered by the AAA under its Commercial Arbitration Rules. However, either party can seek injunctive relief in court to protect its IPR. The prevailing party in any action can recover costs and attorneys' fees. 

14. General Terms 

  • Entire Agreement: This Agreement is the complete agreement and supersedes prior ones. Modifications require written agreement signed by both parties. If there's a conflict, the order is: Order Form (incl. Trial terms), these Terms of Service, DPA, SLA, Documentation. 
  • Relationship: Parties are independent contractors. No partnership, agency, or employment is created. 
  • No Legal Advice: Epiq Global is not a law firm and does not provide legal advice or practice law through its Services. 
  • No Third-Party Beneficiaries: This Agreement is for the parties' benefit only. 
  • Notices: Must be in writing. Address for Epiq Global is Legal Department, 11880 College Blvd, Suite 200, Overland Park, KS 66210 and LegalNotices@epiqglobal.com. Customer notices go to the address/email on the Order Form or registration. 
  • Assignment: You may not assign or transfer this Agreement or any of its rights or obligations hereunder in whole or in part without the prior written consent of Epiq Global. Subject to the foregoing, this Agreement will inure to the benefit of, be binding upon, and be enforceable against, each of the parties hereto and their respective successors and assigns. 
  • Waiver & Severability: Failure to enforce a provision isn't a waiver. If a provision is found invalid, the rest of the Agreement remains in effect. 
  • Force Majeure: Neither party is liable for delays due to events beyond their reasonable control (acts of God, government, etc.), except for payment obligations. 
  • Export Compliance: You must comply with export laws and warrant you are not a denied party or in an embargoed country. 
  • Publicity: Neither party will issue press releases without consent, but Epiq Global may list you as a customer on its website/marketing (subject to your trademark guidelines).