IF YOU DO NOT AGREE TO BE BOUND BY ALL CONDITIONS/CLAUSES CAPTURED IN THESE ToS, PLEASE DO NOT USE THE PLATFORM OR SERVICES
- “Platform” shall mean the website www.signeasy.com, the webapp app.signeasy.com, the SignEasy iOS and Android Mobile applications, and any other software/interface (owned by the Company) on any other platform which may allow you to access and/or use SignEasy;
- "Company," "we," "us," or "our" includes any other companies that are the Company’s subsidiaries and affiliates.
- "Content" means and includes, without limitation, any information, files, data, text, User profiles, software, tags, graphics, analytics, and interactive features generated, provided, or otherwise made accessible or inputted either by you or by us or our partners or Sponsors on or through the Platform.
- “You” or “User” or “Consumer” shall mean any registered user of SignEasy, or his/her representatives or affiliates who are registered on the Platform.
2. Updation of Terms
- Your use of the SignEasy is subject to these ToS, which may be updated, amended, modified or revised by us from time to time. Each such updation or modification to the ToS will be communicated to You via email, and You will be required to give your separate consent to such revised version to be able to continue to use SignEasy and the Platform. As a best practice, we encourage that You to refer to these ToS from time to time to ensure that You are aware of any additions, revisions, amendments or modifications that we may have made
3. Service(s) provided to Users
- SignEasy provides an array of features and functionalities, including inter alia:
- The ability for Users to upload files that require information/signatures to be filled in (Documents) on the platform;
- Identify and highlight the fields of information that need to be filled into the same (such as name, date, signature etc.);
- Identify and send the Documents to a particular person(s)/entity;
- Assist the recipients of Documents with the process of filling in the information/signing the Documents;
- Providing regular email updates and reminders to all parties involved in the revision or execution of a document;
- On completion, sharing the fully signed and executed version of the Document with all involved parties, including providing details of date and time when each field of information was filled in/signature added;
- The Company reserves the right, in its sole discretion, to modify or replace all or any part of the ToS, or add, change, suspend, or discontinue all or any part of the services at any time by posting a notice on the Platform and by sending You an email (as it deems fit). Your continued use of SignEasy following the posting of any changes to the services (including the addition or removal of features) constitutes Your acceptance of those changes. Any information You provide to us for the purposes of registering and setting up your account (as specified below) shall be considered as accurate, complete and updated. You are solely responsible for the activity that occurs on Your account (including those of other users) and for maintaining the security of your account and any information You input. We are not responsible for the accuracy or legitimacy of any information, data, or Content uploaded or posted by you or any of your employees/agents on the Platform during your usage of the services. Any reliance by you on any information or Content provided by any other user will be your responsibility. You understand and agree that the Company will not be liable for any damages, losses, harm or costs incurred by you as a result of the above.
- You will immediately notify us in writing of any unauthorized use of Your account, or any other account-related security breach of which You are aware, so that we may immediately work with you to rectify the same and restore the integrity and security of your account and information.
4. Registration and Account Integrity
- It is Your responsibility to ensure that the information You provide is accurate, secure, and not misleading. You cannot create an account username and password using (i) the names and information of another person; or (ii) using words that are the trademarks or the property of another party (including ours); or (iii) words that are vulgar, obscene or in any other way inappropriate. At the time of creation and each time you access your account thereafter, we track your IP address solely for the purposes of determining the geographical location from which you are accessing the Platform.
- On the creation of your account, You can modify your login credentials at any time. If for any reason you suspect that your username and password has been disclosed to or obtained by another party, you should contact us immediately so that we may work with you to restore the integrity of your account.
5. Use of Your Information and Content
- If You create, transmit, submit, display or otherwise make available any information and Content while using SignEasy, You may provide only information that You own or have the right to use. Although you remain the sole and complete owner of all information and Content provided and/or uploaded by you on the Platform (including any intellectual property rights in the same), you hereby give us the right and permission to access certain information:
- The name of any Documents uploaded by You;
- The name and email ID of any third-party/person to whom you send such Documents;
- The IP address of the third-party/person who accesses the Document;
- Certain analytical information pertaining to your account (the “Data Trail”), including but not limited to the number of times and the geographic locations from which you have accessed your account, your activity on the account (for example, what features you used and what actions you carried out), the number of Documents you have uploaded during the course of your usage of SignEasy, when each such Document was uploaded, and the number of Documents signed and completed by third-parties.
- It is necessary and mandatory for us to collect and access the information covered under point 4, and the above paragraph, for us to be able to provide you with any part of the services/SignEasy. Should you choose not to provide any of the information or not to allow us to access any of the same, you will be unable to access or use any part of SignEasy.
- Once your account is deleted, you hereby give us permission to continue storing and using the Data Trail in any way that we deem fit. Additionally, we may continue to store any other information as may be required by applicable law for the purposes of record retention. While we make commercially reasonable efforts to ensure that the data stored on our servers is persistent and always available to the User, we will not be responsible in the event of failure of the third-party servers or any other factors outside our reasonable control, that may cause the User data to be permanently deleted, irretrievable, or temporarily inaccessible.
6. Third Party Services
- We use multiple third-party service providers in order to power and provide you with SignEasy. In this process, we share your personal information with some of the third-party service providers, as is necessary to enable them to provide the requisite services. These are as follows:
- Amazon Web Services, which provides storage and database infrastructure;
- MixPanel and Google Analytics, which provides analytics for product use;
- Intercom, which aids with marketing communications;
- Papertrail, which aids with server-side logging;
- Crashlytics and HockeyApp, which aid in testing and debuggin iOS builds;
- Unbounce, which aids in landing page hosting;
- FreshSales and Close, which are both sales CRMs;
- Typeform, which aids in conducting user surveys;
- Mandrill and Sendgrid, which aid in sending transactional emails;
- Mailchimp and Mailgun, which aid in sending marketing emails;
- Stripe and Chargebee, which enable online payments;
- FullContact and Clearbit, which aid in data enrichment;
- Pushwoosh, which enables push notifications;
- Hotjar and UXCam, which aid in understanding user behaviour; and
- FreshDesk, which acts as an online support help desk.
- We will make commercially reasonable best efforts to ensure that all our third-party service providers are bound by and adhere to the same obligations of confidentiality and data privacy as we guarantee to You.
7. Rules and Conduct
- As a condition of use, You promise not to use the service for any purpose that is prohibited by the ToS, by law, or other rules or policies implemented by us from time to time. SignEasy (including, without limitation, any Content) is provided only for Your own personal, non-commercial use. You may use SignEasy for the purposes of sharing and executing Documents with third-parties during the course of your business transactions, but you shall not at any time resell, sub-license, or otherwise share your SignEasy account with any third-party for any direct commercial benefit.
- By way of example, and not as a limitation, You shall not (and shall not permit any third party to) take any action that: (i) would constitute a violation of any applicable law, rule or regulation; (ii) infringes on any intellectual property or other right of any other person or entity; (iii) is threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another’s privacy, tortuous, obscene, offensive, or profane; or (iv) impersonates any person or entity.
- Furthermore, You shall not (directly or indirectly): (i) take any action that imposes or may impose an unreasonable or disproportionately large load on Company’s (or its third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the services; (iii) bypass any measures we may use to prevent or restrict access to SignEasy (or parts thereof); (iv) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Platform, except to the limited extent applicable laws specifically prohibit such restriction; (v) modify, translate, or otherwise create derivative works of any part of SignEasy; or (vi) copy, rent, lease, distribute, or otherwise transfer any or all of the rights that You receive hereunder.
Usage Limitations (Fair Usage Policy)
- You agree that during the course of your usage of SignEasy and/or our other Services, and for as long as you have any type of account with us (whether free, paid, or customised), you shall not, unless otherwise explicitly specified/permitted by us:
- Sign, or share with third-parties for signing, a combined total of more than 100 Documents in a month; OR
- We may at any time monitor and track Your usage of our services, including with respect to the above-mentioned parameter. If We identify that You are on a consistent and repetitive basis breaching the usage limits on you account, We may either:
- Temporarily block Your usage of SignEasy and related services, till such time that You undertake not exceed the usage limits; OR
- Re-negotiate Your plan and subscription, so as to customise and align the same with Your revised usage requirements.
8. Content Ownership and Copyright Conditions of Access
- The Content on the Platform are either (i) generated by you, or (ii) belong to Company. Your copying of the copyrighted content published by Company on the Platform for any purpose or for earning profit will be a violation of copyright and Company reserves its rights under applicable law accordingly.
- We authorize You to view and access the content available on or from the Platform only as per this Agreement. The contents of the Platform, information, text, graphics, images, logos, button icons, brand names, software code, design, and the collection, arrangement and assembly of content on the Platform (collectively, "Our Content"), are our property and are protected under copyright, trademark and other laws. You shall not modify Our Content or reproduce, display, publicly perform, distribute, or otherwise use Our Content in any way for any public or commercial purpose or for personal gain.
- You shall not access the any of the services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
9. Reviews and Feedback
- You agree that we may contact You through telephone, email, SMS, or any other electronic means of communication for the purpose of:
- Obtaining feedback in relation to Platform or SignEasy; and/or
- Resolving any complaints, information, or queries received from you regarding the same;
- and you agree to provide your fullest co-operation further to such communication by Company.
10. Profile Ownership and Editing Rights
- You hereby represent and warrant that You are fully entitled under law to upload all Content uploaded by You as part of Your profile or otherwise while using our services, and that no such content breaches any third-party rights, including intellectual property rights. Upon becoming aware of a breach of the foregoing representation, we may modify or delete parts of Your profile information at our sole discretion with or without notice to You.
11. Rights and Obligation relating to the Content
- You are prohibited from:
- violating or attempting to violate the integrity or security of the Platform or any content thereof;
- transmitting any information (including messages and hyperlinks) on or through the Platform that is disruptive or competitive to the provision of our services;
- intentionally submitting on the Platform any incomplete, false or inaccurate information;
- using any engine, software, tool, agent or other device or mechanism (such as spiders, robots etc.) to navigate or search the Platform;
- attempting to decipher, decompile, disassemble or reverse engineer any part of the Platform;
- copying or duplicating in any manner any of our Content or other information available from the Platform;
- circumventing or disabling any digital rights management, usage rules, or other security features of the Platform.
- The Company shall, upon obtaining knowledge by itself or been brought to actual knowledge in writing or through email about any such information as mentioned above, be entitled to disable such information that is in contravention of this Clause. We shall also be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes or as may be required by applicable law.
- The Company offers email-based/online support and query-resolution tools. You may access support resources or contact our support by emailing at [email protected]. The Company shall use commercially reasonable best efforts to respond to Your request for support, or to fix any problems You may be having, as is applicable. Any suggestions by the Company to You regarding use of SignEasy/the Platform shall not be construed as a warranty.
- The Company reserves the right to suspend or terminate Your access to the Platform and the services with or without notice and to exercise any other remedy available under law, in cases where,
- You are in breach of any terms and conditions of this ToS;
- The Company is unable to verify or authenticate any information provided to Company by You
- The Company has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on your part; or
- Once temporarily suspended, indefinitely suspended or terminated, You may not continue to use the Platform under the same account, a different account or re-register under a new account. The Company shall destroy and/or delete all the data and other information related to your account within 14 days of the date of termination. All provisions of the ToS, which by their nature should survive termination, shall survive termination, including without limitation, warranty disclaimers, indemnity and limitations of liability.
14. Cancellation of Purchases and Refunds
- You can cancel your subscription at any time. You will be billed only for the current year or month or billing cycle, and automatic annual renewal will be canceled. However, no partial refund will be provided, and your account will continue to be in the existing plan till your subscription expires.
- THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND ARE WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. THE COMPANY AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, SPONSORS AND PARTNERS DO NOT WARRANT THAT: (A) THE SERVICES AND THE PLATFORM WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE PLATFORM WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE PLATFORM AND THE SERVICES IS SOLELY AT YOUR OWN RISK.
17. Limitation of Liability
- TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY (NOR ITS DIRECTORS, EMPLOYEES, AGENTS, SPONSORS, PARTNERS, SUPPLIERS, CONTENT PROVIDERS, LICENSORS OR RESELLERS,) BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS, LOSS OF GOODWILL OR OPPORTUNITY, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; OR (II) FOR YOUR RELIANCE ON THE SERVICE; OR (III) FOR ANY DIRECT DAMAGES IN EXCESS; OR (IV) FOR ANY MATTER BEYOND ITS OR THEIR REASONABLE CONTROL, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY OF THE AFOREMENTIONED DAMAGES.
18. Governing Law
- This Agreement shall be governed by and construed in accordance with the laws of the United States of America without regard to the conflict of laws provisions thereof. All claims, differences and disputes arising under or in connection with or in relation hereto the Platform, the ToS or any transactions entered into on or through the Platform shall be subject to the exclusive jurisdiction of the courts in the state of California, and You hereby accede to and accept the jurisdiction of such courts
- The ToS are the entire agreement between You and the Company with respect to SignEasy, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between You and Company with respect to the same. If any provision of the ToS is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the ToS will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. The ToS are personal to You, and are not assignable or transferable by You except with Company’s prior written consent. Company may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the ToS and neither party has any authority of any kind to bind the other in any respect. All notices under the ToS will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or two days after it is sent, if sent for next day delivery by recognized overnight delivery service.
- If You have any questions regarding the Platform or SignEasy, please contact us at [email protected] or reach out to our service care number as available on the Platform.