On January 15, 2025, Epic Games updated its End User License Agreement (EULA), introducing changes to clarify the contracting entities for users based on their location. While this update marks a structural shift, all other key legal provisions remain unchanged.
Key Change: Regional Contracting Entities
Previously, all users contracted with Epic Games, Inc., a U.S. corporation. The updated EULA now distinguishes users based on their primary residence:
- U.S. Residents contract with Epic Games, Inc., Maryland, U.S.A.
- Non-U.S. Residents contract with Epic Games Commerce GmbH, a Swiss limited liability company.
What Remains Unchanged?
Despite this structural adjustment, the following provisions remain the same:
- Governing Law: All contracts are governed by the laws of North Carolina, U.S.A.
- Dispute Resolution: The EULA includes multiple mechanisms for resolving disputes:
- Binding individual arbitration is the primary method for most disputes.
- Users may also sue in small claims court in their local jurisdiction.
- Additionally, the EULA grants exclusive jurisdiction to certain U.S. state and federal courts for non-arbitrable disputes.
While these clauses provide options, the combination of arbitration, local small claims, and exclusive U.S. jurisdiction may appear inconsistent and confusing for users.
Why Does This Matter?
If you’re a Non-U.S. Resident, you are now contracting with Epic’s Swiss entity rather than its U.S. company. However, your agreement is still governed by North Carolina law, and disputes are subject to the same arbitration and jurisdiction rules as U.S. users.
On the bright side, you can still file claims in your local small claims court. That said, it could be fun to see how your local judges would apply North Carolina law—or the governing law clause—if it ever comes up! Let me know if you ever have such an interesting experience.
Takeaway
Users, especially those outside the U.S., should carefully review the updated EULA to fully understand their rights and obligations under the revised terms, particularly regarding dispute resolution.
Disclaimer: This post is not legal advice. For specific concerns about the EULA or its implications, consult with your own attorney.
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