Terms of Service

[Last Update: 10/11/2025]

[Effective Date: 10/11/2025]

1. Acceptance of Terms
By downloading, installing, accessing, or using the EPK Enterprise LLC mobile application (“App”), or any associated services (together, “Services”), you agree to be bound by these Terms of Service (“Terms”). If you do not accept these Terms, you must immediately cease using the App/Services.

2. Eligibility / Authority
You represent and warrant that you are at least the minimum legal age (e.g. 18) to form a binding contract, or if you are acting on behalf of an entity, that you have authority to bind that entity to these Terms.

3. License Grant / Use of App
3.1 Subject to your compliance with these Terms, EPK Enterprise LLC (“we,” “us,” “our”) grants you a limited, non-exclusive, non-transferable, revocable license to use the App on your iOS device for your internal, personal or business use.
3.2 You agree not to (and not permit others to): reverse-engineer, decompile, disassemble, tamper with, or otherwise attempt to modify, adapt, or hack the App or any components.
3.3 You must comply with all applicable laws, rules, and regulations when using the App/Services.

4. User Responsibilities / Risk Assumption
4.1 You are fully responsible for all your actions, omissions, and use of the App/Services.
4.2 You acknowledge that the App’s outputs (e.g. damage detections, reports, analyses) are based on algorithms, image analysis, software systems, and possibly third-party services. These outputs may be imperfect, incomplete, or subject to errors.
4.3 You must not rely solely on the App’s output for critical decisions. You assume all risk of errors or inaccuracies.
4.4 You are responsible for maintaining backups of all photos, reports, and data you generate. We are not responsible for any lost, corrupted, or inaccessible data.

5. Account, Data, and Privacy
5.1 If the App or Services require creating an account, you agree to provide accurate, complete, and current information.
5.2 You are responsible for safeguarding your credentials and any access to your account.
5.3 You grant us permission to collect, process, store, and use your data (e.g. images, geolocation, timestamps) as described in our Privacy Policy (which is incorporated by reference).
5.4 You acknowledge that data transmissions over networks (e.g. internet) bear inherent risks; we do not guarantee security or non-interruption beyond reasonable measures.

6. Fees, Payment, and Subscriptions (if applicable)
6.1 If the Services include paid subscriptions or features, you agree to pay the applicable fees.
6.2 All fees are non-refundable (except as required by law).
6.3 We may modify pricing or subscription plans, with notice, but changes do not apply retroactively to your paid term.

7. Disclaimers / Warranty Disclaimer
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP, SERVICES, CONTENT, REPORTS, AND ANY FUNCTIONS OR FEATURES PROVIDED ARE PROVIDED “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE,” WITHOUT ANY WARRANTY WHATSOEVER.
We expressly disclaim all warranties, whether express, implied, statutory, or otherwise, including but not limited to warranties of merchantability, fitness for a particular purpose, accuracy, reliability, non-infringement, and that operation will be uninterrupted or error-free.

8. Limitation of Liability
8.1 No Indirect Damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL EPK ENTERPRISE LLC, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR PARTNERS BE LIABLE FOR LOSS OF PROFITS, REVENUE, USE, GOODWILL, DATA, INTERRUPTION OF BUSINESS, OR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8.2 Aggregate Cap. Our aggregate liability to you for all claims arising under or related to these Terms, whether in contract, tort (including negligence), strict liability, or otherwise, will not exceed the total amount you paid us (if any) during the 12 months immediately preceding the event giving rise to the liability. If you have paid us nothing, our aggregate liability is capped at a nominal amount (e.g. USD 100).
8.3 Exceptions. Some jurisdictions do not permit limitations or exclusions of certain types of liability (e.g. liability for death or personal injury caused by negligence); in those jurisdictions, our liability will be limited only to the maximum extent permitted by law.
8.4 You agree that these limitations are part of the bargain between the parties, and would not otherwise be set as they are.

9. Indemnification
You agree to defend, indemnify, and hold harmless EPK Enterprise LLC, its affiliates, officers, directors, employees, agents, and partners from and against any and all claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys’ fees) arising out of or in any way connected with:

  • Your use (or misuse) of the App/Services;

  • Your breach of these Terms;

  • Your violation of any law or rights of a third party;

  • Your content, data, or submissions;

  • Any claim that your use of the App/Services has caused harm to a third party.

10. Termination
We may suspend, restrict, or terminate your rights under these Terms (including your access to the App/Services) immediately and without notice for any reason, including your breach.
Upon termination, all license rights granted to you will cease. You must promptly delete or deactivate your copy of the App.
Termination does not relieve you of obligations (e.g. indemnity, payment, warranties, liability limitations) that accrued before termination.

11. Modifications / Updates
We may modify these Terms from time to time. If we do, we will post an updated “Last Updated” date and (if required by law) give notice (e.g. via the App or email). Your continued use after modifications constitutes acceptance of the new Terms.

12. Governing Law, Disputes, Venue
These Terms are governed by the laws of [State], without regard to conflict of laws principles.
Any dispute arising out of or relating to these Terms or the App/Services must be brought exclusively in the state or federal courts in [County, State], and you consent to venue and jurisdiction there.

13. Severability & Waiver
If any provision of these Terms is held invalid or unenforceable (in whole or in part) by a court of competent jurisdiction, that provision will be enforced to the maximum extent permitted and the remainder of these Terms will remain in full force.
Our failure or delay to enforce any right is not a waiver of that right.

14. Miscellaneous
14.1 Entire Agreement. These Terms (together with any privacy policy, notices, or other documents incorporated) constitute the entire agreement between you and us concerning the App/Services.
14.2 Assignment. We may assign our rights or delegate our obligations under these Terms, in whole or in part, without notice or your consent.
14.3 Notices. Notice to you may be given via in-App message, email, or posting on our website.
14.4 Third-Party Services / Integrations. If the App/Services integrate with third-party APIs, services, or tools, you acknowledge that we have no control over those and disclaim all liability arising from them.