Terms of Service

Last Updated: January 1, 2024

Welcome to the EndorsedSign platform ("Service"). By accessing or using our Service, you agree to be bound by these Terms of Service ("Terms"). Please read them carefully.

1. Acceptance of Terms

By creating an account or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, you may not use the Service.

2. Description of Service

The EndorsedSign platform provides electronic signature services that allow users to:

• Create, send, and manage electronic documents for signature
• Collect legally binding electronic signatures
• Store and retrieve signed documents
• Integrate with third-party applications via API

3. Account Registration

3.1 Account Requirements

To use the Service, you must:

• Be at least 18 years of age
• Provide accurate and complete registration information
• Maintain the security of your account credentials
• Promptly update any information that changes

3.2 Account Responsibility

You are responsible for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account.

4. Subscription and Billing

4.1 Subscription Plans

The Service offers various subscription plans with different features and pricing. Current plans include Free, Basic, Gold, Platinum, and Enterprise tiers.

4.2 Payment Terms

• Subscription fees are billed in advance on a monthly or annual basis
• All fees are non-refundable except as expressly stated in these Terms
• We may change our fees upon 30 days' notice

4.3 Automatic Renewal

Subscriptions automatically renew unless cancelled before the end of the current billing period.

4.4 Cancellation

You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period.

5. Acceptable Use

5.1 Permitted Use

You may use the Service for lawful business purposes in accordance with these Terms.

5.2 Prohibited Activities

You agree NOT to:

• Violate any applicable laws or regulations
• Infringe upon intellectual property rights
• Transmit malware, viruses, or harmful code
• Attempt to gain unauthorized access to systems
• Use the Service for fraudulent purposes
• Forge signatures or misrepresent identity
• Interfere with the Service's operation
• Resell access to the Service without authorization

6. Electronic Signatures

6.1 Legal Validity

Electronic signatures created through our Service are intended to be legally binding under applicable electronic signature laws, including the ESIGN Act and UETA.

6.2 Signature Authentication

We provide authentication measures including email verification, IP logging, and audit trails to establish the validity of signatures.

6.3 Document Integrity

We maintain document integrity through cryptographic hash verification and tamper-evident seals.

7. Data and Privacy

7.1 Data Ownership

You retain all ownership rights to the documents and data you upload to the Service.

7.2 Data Processing

We process your data solely to provide the Service and as described in our Privacy Policy.

7.3 Data Security

We implement industry-standard security measures to protect your data. However, no system is completely secure.

8. Intellectual Property

8.1 Our Property

The Service, including its software, design, and content, is our property and is protected by intellectual property laws.

8.2 License Grant

We grant you a limited, non-exclusive, non-transferable license to use the Service in accordance with these Terms.

8.3 Restrictions

You may not copy, modify, distribute, sell, or lease any part of the Service without our permission.

9. Third-Party Services

9.1 Integrations

The Service may integrate with third-party services. Your use of such services is subject to their terms.

9.2 No Endorsement

We do not endorse or assume responsibility for third-party services.

10. Disclaimers

10.1 Service Provided "As Is"

THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

10.2 No Guarantee

We do not guarantee that the Service will be uninterrupted, error-free, or secure.

10.3 Legal Advice

The Service does not provide legal advice. You should consult a qualified attorney for legal questions.

11. Limitation of Liability

11.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

11.2 Liability Cap

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICE IN THE 12 MONTHS PRECEDING THE CLAIM.

12. Indemnification

You agree to indemnify and hold us harmless from any claims, damages, or expenses arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights

13. Termination

13.1 By You

You may terminate your account at any time by contacting support or using account settings.

13.2 By Us

We may suspend or terminate your account for violation of these Terms or for any other reason with notice.

13.3 Effect of Termination

Upon termination:

• Your access to the Service will end
• Your data will be retained for 30 days, then deleted
• Outstanding fees remain payable

14. Changes to Terms

We may modify these Terms at any time. We will notify you of material changes via email or through the Service. Continued use after changes constitutes acceptance.

15. Governing Law

These Terms are governed by the laws of the jurisdiction in which we are incorporated, without regard to conflict of law principles.

16. Dispute Resolution

16.1 Informal Resolution

Before filing a claim, you agree to contact us to attempt to resolve the dispute informally.

16.2 Arbitration

Any disputes not resolved informally shall be resolved through binding arbitration, except for claims that may be brought in small claims court.

17. General Provisions

17.1 Entire Agreement

These Terms constitute the entire agreement between you and us regarding the Service.

17.2 Severability

If any provision is found unenforceable, the remaining provisions will continue in effect.

17.3 Waiver

Our failure to enforce any right does not waive that right.

17.4 Assignment

You may not assign these Terms. We may assign them to an affiliate or successor.

18. Contact Us

If you have questions about these Terms, please contact us at:

Email: legal@endorsedsign.com Address: [Company Address]

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By using the EndorsedSign platform, you acknowledge that you have read and agree to these Terms of Service.