Terms of Service

1. Acceptance of Terms

1.1 Agreement to Terms

By accessing, browsing, or using eSignMe's website, mobile application, or any of our services (collectively, the "Services"), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms") and our Privacy Policy.

1.2 Legal Capacity

You represent and warrant that:

• You are at least 18 years of age or the age of majority in your jurisdiction
• You have the legal capacity to enter into binding agreements
• You are not prohibited from using the Services under applicable laws
• All information you provide is accurate and complete

1.3 Entity Representation

If you are using the Services on behalf of an organization:

• You represent that you have authority to bind that organization to these Terms
• References to "you" include both you individually and the organization
• The organization agrees to be bound by these Terms

1.4 Modifications to Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting on our website. Your continued use of the Services after changes are posted constitutes acceptance of the modified Terms.

2. Description of Services

2.1 eSignMe Platform

eSignMe provides a cloud-based electronic signature platform that enables users to:

• Create, send, and manage documents for electronic signature
• Sign documents electronically with legally binding signatures
• Track document status and maintain audit trails
• Integrate with third-party applications and services
• Store and organize signed documents securely

2.2 Service Features

Our Services include:

• Document upload and preparation tools
• Electronic signature capture and verification
• Multi-party signing workflows
• Template creation and management
• API access for integrations
• Mobile applications for iOS and Android
• Customer support and training resources

2.3 Service Availability

We strive to maintain 99.9% uptime but do not guarantee uninterrupted access to the Services. Scheduled maintenance will be announced in advance when possible.

2.4 Service Modifications

We may modify, suspend, or discontinue any aspect of the Services at any time with reasonable notice to users.

3. User Accounts and Registration

3.1 Account Creation

To use certain features of the Services, you must create an account by providing:

• Valid email address
• Secure password meeting our requirements
• Accurate personal or business information
• Acceptance of these Terms and our Privacy Policy

3.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized use
• Using strong passwords and enabling two-factor authentication when available

3.3 Account Information

You agree to:

• Provide accurate, current, and complete information
• Update your information promptly when it changes
• Not create multiple accounts for the same individual or entity
• Not share your account with others

3.4 Account Termination

We may suspend or terminate your account if:

• You violate these Terms or our policies
• Your account remains inactive for an extended period
• We reasonably believe your account has been compromised
• Required by law or legal process

4. Acceptable Use Policy

4.1 Permitted Uses

You may use the Services only for lawful purposes and in accordance with these Terms. Permitted uses include:

• Creating and signing legitimate business and personal documents
• Facilitating authorized transactions and agreements
• Integrating with your existing business workflows
• Storing and organizing your documents securely

4.2 Prohibited Uses

You agree not to use the Services to:

• Violate any applicable laws, regulations, or third-party rights
• Upload or transmit malicious code, viruses, or harmful content
• Attempt to gain unauthorized access to our systems or other users' accounts
• Interfere with or disrupt the Services or servers
• Use automated tools to access the Services without permission
• Impersonate others or provide false information
• Engage in fraudulent or deceptive practices
• Upload content that is illegal, harmful, or offensive

4.3 Content Restrictions

You may not upload documents that contain:

• Copyrighted material without proper authorization
• Trade secrets or confidential information of third parties
• Personal information of minors
• Content that violates privacy rights
• Illegal or regulated substances information
• Hate speech, harassment, or discriminatory content

4.4 Compliance Monitoring

We reserve the right to monitor use of the Services for compliance with these Terms, though we are not obligated to do so.

5. Electronic Signatures and Legal Validity

5.1 Electronic Signature Laws

eSignMe complies with electronic signature laws including:

• Electronic Signatures in Global and National Commerce Act (ESIGN) - United States
• Uniform Electronic Transactions Act (UETA) - United States
• Electronic Identification, Authentication and Trust Services (eIDAS) - European Union
• Electronic Transactions Act - Various jurisdictions

5.2 Legal Validity

Electronic signatures created through our Services:

• Have the same legal effect as handwritten signatures
• Are admissible in court proceedings
• Meet requirements for enforceability in most jurisdictions
• Include comprehensive audit trails for verification

5.3 User Responsibilities

When using electronic signatures, you agree to:

• Ensure you have authority to sign documents
• Verify the accuracy of document content before signing
• Understand the legal implications of your signature
• Comply with any additional requirements in your jurisdiction

5.4 Signature Authentication

Our signature process includes:

• Identity verification measures
• Timestamp and IP address recording
• Document integrity protection
• Comprehensive audit trail generation

6. Payment Terms and Billing

6.1 Subscription Plans

eSignMe offers various subscription plans with different features and usage limits. Current pricing is available on our website and may be updated from time to time.

6.2 Payment Processing

• Payments are processed through secure third-party payment processors
• We accept major credit cards and other payment methods as available
• All payments are in U.S. dollars unless otherwise specified
• You authorize us to charge your payment method for applicable fees

6.3 Billing Cycles

• Subscription fees are billed in advance on a monthly or annual basis
• Usage-based fees are billed monthly in arrears
• Invoices are sent electronically to your registered email address
• Payment is due within 30 days of invoice date

6.4 Price Changes

• We may change our pricing with 30 days' notice to existing subscribers
• Price changes will not affect your current billing cycle
• You may cancel your subscription before price changes take effect

6.5 Refunds and Cancellations

• Subscription fees are generally non-refundable
• You may cancel your subscription at any time
• Cancellation takes effect at the end of your current billing period
• Refunds may be provided at our discretion for exceptional circumstances

7. Data Security and Privacy

7.1 Data Protection

We implement industry-standard security measures to protect your data:

• AES-256 encryption for data at rest
• TLS 1.3 encryption for data in transit
• Regular security audits and penetration testing
• SOC 2 Type II compliance
• Multi-factor authentication options

7.2 Data Ownership

• You retain ownership of all documents and data you upload
• We do not claim any ownership rights to your content
• You grant us a limited license to process your data to provide the Services
• You may export your data at any time

7.3 Data Backup and Recovery

• We maintain regular backups of your data
• Backup retention periods vary by data type
• We have disaster recovery procedures in place
• Data recovery services may be available upon request

7.4 Privacy Compliance

Our data practices are governed by our Privacy Policy, which complies with:

• General Data Protection Regulation (GDPR)
• California Consumer Privacy Act (CCPA)
• Other applicable privacy laws

8. Intellectual Property Rights

8.1 eSignMe Intellectual Property

The Services and all related technology, software, and content are owned by eSignMe and protected by:

• Copyright laws
• Trademark laws
• Patent rights
• Trade secret protections
• Other intellectual property laws

8.2 Limited License to Users

We grant you a limited, non-exclusive, non-transferable license to use the Services for their intended purpose, subject to these Terms.

8.3 User Content

• You retain ownership of documents and content you upload
• You represent that you have rights to all content you upload
• You will not upload content that infringes third-party rights
• We may remove content that violates these Terms

8.4 Feedback and Suggestions

Any feedback or suggestions you provide about the Services may be used by us without compensation or attribution.

8.5 DMCA Compliance

We comply with the Digital Millennium Copyright Act and will respond to valid takedown notices.

9. Limitation of Liability and Disclaimers

9.1 Service Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING:

• MERCHANTABILITY
• FITNESS FOR A PARTICULAR PURPOSE
• NON-INFRINGEMENT
• ACCURACY OR COMPLETENESS
• UNINTERRUPTED OR ERROR-FREE OPERATION

9.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ESIGNME SHALL NOT BE LIABLE FOR:

• INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES
• LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES
• DAMAGES RESULTING FROM SERVICE INTERRUPTIONS
• DAMAGES CAUSED BY THIRD-PARTY ACTIONS
• DAMAGES EXCEEDING THE AMOUNT PAID FOR SERVICES IN THE PRECEDING 12 MONTHS

9.3 User Responsibility

You acknowledge that:

• You use the Services at your own risk
• You are responsible for backing up important data
• You should verify the legal requirements in your jurisdiction
• Electronic signatures may not be suitable for all document types

9.4 Indemnification

You agree to indemnify and hold harmless eSignMe from claims arising from:

• Your use of the Services
• Your violation of these Terms
• Your violation of third-party rights
• Content you upload or transmit

10. Termination

10.1 Termination by You

You may terminate your account at any time by contacting customer support or using the account closure feature in your dashboard.

10.2 Termination by eSignMe

We may terminate or suspend your account immediately if you violate these Terms or engage in prohibited activities.

10.3 Effect of Termination

• Your right to use the Services will cease immediately
• You may lose access to your account and data
• We will provide reasonable opportunity to export your data
• Certain provisions of these Terms will survive termination

11. Governing Law and Dispute Resolution

11.1 Governing Law

These Terms are governed by the laws of the State of Texas, United States, without regard to conflict of law principles.

11.2 Jurisdiction

Any disputes arising from these Terms or your use of the Services will be resolved in the state or federal courts located in Harris County, Texas.

11.3 Arbitration

For disputes involving amounts less than $10,000, you agree to resolve disputes through binding arbitration in accordance with the rules of the American Arbitration Association.

12. Contact Information

If you have any questions about these Terms of Service, please contact us:

These Terms constitute the entire agreement between you and eSignMe regarding the use of our Services and supersede all prior agreements and understandings.