Terms of Service

1.1 Binding Agreement

By accessing, using, or registering for SigTouch services ("Services"), you ("User," "you," or "your") enter into a legally binding agreement with SigTouch, LLC ("SigTouch," "we," "us," or "our"). This agreement consists of these Terms of Service, our Privacy Policy, and any additional terms applicable to specific features or services.

If you are entering into this agreement on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind such entity to these terms, and "you" refers to such entity.

1.2 Eligibility Requirements

• • You must be at least 18 years of age or the age of majority in your jurisdiction
• • You must have the legal capacity to enter into binding contracts
• • You must not be prohibited from using our services under applicable laws
• • You must provide accurate, current, and complete information during registration
• • Corporate users must be validly existing and in good standing

1.3 Modifications to Terms

We reserve the right to modify these Terms of Service at any time. Material changes will be communicated through:

• • Email notification to your registered email address
• • Prominent notice on our website and platform
• • In-app notifications for significant changes
• • 30-day advance notice for changes affecting pricing or core functionality

Continued use of our services after the effective date of changes constitutes acceptance of the modified terms. If you disagree with changes, you may terminate your account before the effective date.

2.1 Core Services

SigTouch provides a comprehensive electronic signature platform that enables users to:

• • Create, upload, and prepare documents for electronic signature
• • Send documents to multiple signers with customizable workflows
• • Collect legally binding electronic signatures from authorized parties
• • Generate comprehensive audit trails and completion certificates
• • Store, organize, and retrieve signed documents securely
• • Integrate with third-party applications and services
• • Access real-time status updates and notifications
• • Manage user accounts, permissions, and organizational settings

2.2 Service Availability and Performance

• • Uptime Target: We strive for 99.9% service availability, excluding scheduled maintenance
• • Maintenance Windows: Scheduled maintenance will be announced 48 hours in advance
• • Geographic Availability: Services are available globally, subject to local laws and regulations
• • Performance Standards: We maintain industry-standard response times and processing speeds
• • Capacity Management: We reserve the right to implement reasonable usage limits to ensure service quality

2.3 Service Modifications and Discontinuation

We reserve the right to modify, suspend, or discontinue any aspect of our services with appropriate notice:

• • Feature Updates: New features and improvements may be added without notice
• • Feature Deprecation: 90-day notice for removal of existing features
• • Service Discontinuation: 180-day notice for complete service termination
• • Emergency Changes: Immediate changes may be made for security or legal compliance
• • Data Migration: Reasonable assistance provided for data export during transitions

3.1 Account Registration and Verification

• • Required Information: Full name, valid email address, and secure password
• • Email Verification: Account activation requires email confirmation
• • Identity Verification: Additional verification may be required for certain features
• • Corporate Accounts: Business verification may require additional documentation
• • Account Uniqueness: One account per individual or entity unless explicitly authorized
• • Accurate Information: All registration information must be current, complete, and accurate

3.2 Account Security and Responsibilities

• • Password Security: Maintain strong, unique passwords and enable two-factor authentication
• • Account Monitoring: Regularly monitor account activity and report suspicious behavior
• • Unauthorized Access: Immediately notify us of any unauthorized account access
• • Shared Accounts: Account sharing is prohibited; each user must have their own account
• • Session Management: Log out from shared or public devices
• • Liability: You are responsible for all activities under your account

3.3 Account Suspension and Termination

We may suspend or terminate accounts for:

• • Violation of these Terms of Service or our policies
• • Fraudulent, abusive, or illegal activities
• • Non-payment of fees or chargebacks
• • Prolonged inactivity (12+ months for free accounts)
• • Security concerns or compromised accounts
• • Requests from law enforcement or regulatory authorities

4.1 Legal Framework and Compliance

Electronic signatures created through SigTouch are legally binding and enforceable under applicable electronic signature laws, including:

• • United States: Electronic Signatures in Global and National Commerce Act (ESIGN Act)
• • United States: Uniform Electronic Transactions Act (UETA)
• • European Union: Electronic Identification, Authentication and Trust Services (eIDAS) Regulation
• • Canada: Electronic Transactions Protection Act and provincial equivalents
• • Australia: Electronic Transactions Act
• • International: UNCITRAL Model Law on Electronic Signatures

4.2 Signature Types and Authentication

• • Simple Electronic Signatures: Typed names, drawn signatures, and uploaded signature images
• • Advanced Electronic Signatures: Biometric signatures with enhanced security features
• • Multi-Factor Authentication: Email verification, SMS codes, and knowledge-based authentication
• • Digital Certificates: PKI-based signatures for highest security requirements
• • Qualified Electronic Signatures: Available in supported jurisdictions with certified providers

4.3 Consent and Intent to Sign

By using our electronic signature services, all parties acknowledge and agree that:

• • Electronic signatures are intended to be legally binding
• • Signers have the authority to bind themselves or their organizations
• • Electronic records are acceptable for the transaction type
• • All parties consent to conducting the transaction electronically
• • Signers have access to electronic records and can retain copies

4.4 Audit Trails and Evidence

We maintain comprehensive audit trails for all signature transactions, including:

• • Document Integrity: Cryptographic hashes to detect any modifications
• • Signer Authentication: Methods used to verify signer identity
• • Timestamp Records: Precise timing of all signature events
• • IP Address Logging: Network location information for security
• • Device Information: Browser, operating system, and device details
• • Geolocation Data: Location information when available and consented
• • Certificate Generation: Tamper-evident completion certificates

4.5 Document Restrictions and Limitations

Electronic signatures may not be suitable for all document types. Restrictions may apply to:

• • Wills, codicils, and testamentary trusts
• • Certain family law documents (adoption, divorce)
• • Court orders, notices, and official court documents
• • Utility service termination notices
• • Health or life insurance benefit cancellations
• • Product recall notices for health or safety reasons

Users are responsible for determining the appropriateness of electronic signatures for their specific use cases and jurisdictions.

5.1 Acceptable Use Guidelines

• • Use services only for lawful business and personal purposes
• • Comply with all applicable local, state, national, and international laws
• • Respect the intellectual property rights of others
• • Maintain the security and integrity of our systems
• • Use services in a manner consistent with their intended purpose
• • Cooperate with our security and compliance investigations

5.2 Prohibited Content and Activities

You may not use our services to:

• • Illegal Activities: Facilitate fraud, money laundering, or other criminal activities
• • Harmful Content: Upload malware, viruses, or other malicious code
• • Harassment: Engage in harassment, abuse, or threatening behavior
• • Spam and Phishing: Send unsolicited communications or deceptive messages
• • Impersonation: Impersonate others or misrepresent your identity
• • Unauthorized Access: Attempt to gain unauthorized access to our systems or other users' accounts
• • Reverse Engineering: Reverse engineer, decompile, or disassemble our software
• • Competitive Intelligence: Use services to develop competing products or services

5.3 Content Standards and Restrictions

• • Appropriate Content: Documents must be appropriate for business or personal use
• • No Illegal Content: Content must not violate any laws or regulations
• • Intellectual Property: You must own or have rights to all uploaded content
• • Privacy Compliance: Content must comply with applicable privacy laws
• • File Size Limits: Individual files limited to 100MB unless otherwise specified
• • Supported Formats: PDF, Word, Excel, PowerPoint, and common image formats

5.4 Usage Limits and Fair Use

• • API Rate Limits: API calls are subject to reasonable rate limiting
• • Storage Limits: Account storage limits apply based on subscription tier
• • Bandwidth Limits: Excessive bandwidth usage may be throttled
• • Concurrent Users: Limits on simultaneous active users per account
• • Bulk Operations: Large-scale operations may require prior approval

5.5 Enforcement and Violations

Violations of these terms may result in:

• • Warning notices and requests for corrective action
• • Temporary suspension of account or specific features
• • Permanent account termination
• • Removal of violating content
• • Legal action for serious violations
• • Cooperation with law enforcement when required

6.1 Your Content and Data

• • Ownership: You retain all ownership rights to documents and data you upload
• • License Grant: You grant us a limited license to process your content to provide services
• • License Scope: Our license is non-exclusive, worldwide, and limited to service provision
• • License Duration: License terminates when you delete content or close your account
• • Backup Rights: We may retain copies for backup and legal compliance purposes
• • No Ownership Transfer: We do not claim ownership of your content

6.2 SigTouch Intellectual Property

• • Platform Rights: We own all rights to the SigTouch platform, software, and services
• • Trademarks: SigTouch name, logo, and trademarks are our exclusive property
• • Copyrights: All software, documentation, and content we create is protected by copyright
• • Patents: Our technology may be protected by patents and patent applications
• • Trade Secrets: Our algorithms, processes, and know-how are confidential
• • License to You: We grant you a limited, non-exclusive license to use our services

6.3 Third-Party Content and Rights

• • Third-Party Licenses: Our services may include third-party software and content
• • Open Source: Open source components are governed by their respective licenses
• • Attribution: We will maintain required attributions and notices
• • User Responsibility: You are responsible for respecting third-party rights in your content

6.4 Data Processing and Privacy

• • Processing Purpose: We process data solely to provide and improve our services
• • Data Security: Industry-standard encryption and security measures protect your data
• • Data Retention: Data retained according to our Privacy Policy and legal requirements
• • Data Portability: You can export your data in standard formats
• • Data Deletion: You can request deletion of your data subject to legal requirements

6.5 Feedback and Suggestions

Any feedback, suggestions, or ideas you provide to us become our property and may be used without compensation or attribution. This includes:

• • Feature requests and product suggestions
• • Bug reports and technical feedback
• • User experience improvements
• • Business process recommendations

7.1 Subscription Plans and Pricing

• • Plan Types: Free, Starter, Pro, and Enterprise plans with different feature sets
• • Billing Cycles: Monthly and annual billing options available
• • Current Pricing: Pricing information available on our website and in-app
• • Price Changes: 30-day advance notice for price increases
• • Grandfathering: Existing subscribers may retain current pricing for reasonable periods
• • Currency: Prices displayed in USD unless otherwise specified

7.2 Payment Processing and Methods

• • Accepted Methods: Major credit cards, debit cards, and ACH transfers
• • Payment Processors: Secure third-party processors (Stripe, PayPal)
• • Automatic Billing: Subscriptions automatically renew unless cancelled
• • Payment Authorization: You authorize us to charge your payment method
• • Failed Payments: Multiple retry attempts with email notifications
• • Payment Security: PCI DSS compliant payment processing

7.3 Billing and Invoicing

• • Billing Date: Charges occur on your subscription start date each period
• • Prorated Charges: Plan upgrades are prorated for the current billing period
• • Invoice Delivery: Electronic invoices sent to your registered email
• • Tax Calculation: Applicable taxes calculated based on your location
• • Business Accounts: Purchase orders and net payment terms available for Enterprise
• • Billing Support: Dedicated support for billing inquiries and disputes

7.4 Refunds and Cancellations

• • Refund Policy: Generally no refunds except as required by law
• • Cancellation: Cancel anytime through account settings or by contacting support
• • Service Continuation: Paid services continue until the end of the billing period
• • Downgrade Options: Downgrade to lower plans or free tier instead of cancelling
• • Exceptional Circumstances: Refunds may be considered for service outages or errors
• • Chargeback Policy: Chargebacks may result in account suspension

7.5 Overdue Accounts and Collections

• • Grace Period: 7-day grace period for failed payments
• • Service Suspension: Accounts suspended after grace period expires
• • Data Access: Read-only access maintained during suspension
• • Account Termination: Accounts terminated after 30 days of non-payment
• • Collection Efforts: Reasonable collection efforts including email and phone contact
• • Legal Action: Right to pursue legal remedies for unpaid amounts

8.1 Service Availability Commitment

• • Uptime Target: 99.9% monthly uptime for paid plans
• • Measurement Period: Calculated monthly, excluding scheduled maintenance
• • Scheduled Maintenance: Maximum 4 hours per month with 48-hour notice
• • Emergency Maintenance: Unscheduled maintenance for security or critical issues
• • Service Credits: Account credits for uptime failures below 99.9%
• • Monitoring: 24/7 automated monitoring and alerting systems

8.2 Support Services and Response Times

• • Free Plan: Community support and knowledge base access
• • Paid Plans: Email support with 24-hour response time
• • Pro Plan: Priority support with 12-hour response time
• • Enterprise Plan: Dedicated support with 4-hour response time
• • Critical Issues: 1-hour response for service-affecting problems
• • Support Channels: Email, in-app chat, and phone for Enterprise customers

8.3 Performance Standards

• • Response Time: Page load times under 3 seconds for standard operations
• • Document Processing: Signature requests processed within 30 seconds
• • Email Delivery: Notification emails delivered within 5 minutes
• • API Performance: 99% of API calls completed within 2 seconds
• • Scalability: Automatic scaling to handle traffic spikes

8.4 Data Backup and Recovery

• • Backup Frequency: Continuous real-time backups
• • Geographic Distribution: Backups stored in multiple geographic regions
• • Recovery Time: Target recovery time of 4 hours for major incidents
• • Data Integrity: Regular backup integrity testing and verification
• • Point-in-Time Recovery: Ability to restore data to specific timestamps

9.1 Service Warranties

We warrant that our services will:

• • Perform substantially in accordance with our published documentation
• • Be provided with commercially reasonable skill and care
• • Comply with applicable laws and regulations
• • Maintain industry-standard security measures
• • Be free from material defects that significantly impair functionality

9.2 Disclaimer of Other Warranties

EXCEPT AS EXPRESSLY STATED HEREIN, OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• • IMPLIED WARRANTIES OF MERCHANTABILITY
• • IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE
• • IMPLIED WARRANTIES OF NON-INFRINGEMENT
• • WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE
• • WARRANTIES THAT SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE
• • WARRANTIES THAT SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS

9.3 Third-Party Services and Integrations

• • Third-Party Disclaimer: We do not warrant third-party services or integrations
• • Integration Availability: Third-party integrations may be discontinued without notice
• • Third-Party Terms: Use of integrations subject to third-party terms and conditions
• • Support Limitations: Limited support available for third-party integration issues

9.4 Legal and Regulatory Compliance

• • User Responsibility: You are responsible for determining legal suitability for your use case
• • Jurisdictional Variations: Electronic signature laws vary by jurisdiction
• • Professional Advice: Consult legal counsel for complex or high-value transactions
• • Regulatory Changes: We will make reasonable efforts to adapt to regulatory changes

10.1 Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SIGTOUCH BE LIABLE FOR ANY:

• • INDIRECT DAMAGES: Including but not limited to lost profits, revenue, or business opportunities
• • CONSEQUENTIAL DAMAGES: Arising from or related to your use of our services
• • INCIDENTAL DAMAGES: Including costs of procurement of substitute services
• • SPECIAL DAMAGES: Even if we have been advised of the possibility of such damages
• • PUNITIVE DAMAGES: Regardless of the theory of liability
• • DATA LOSS: Loss of data, documents, or other information

10.2 Cap on Total Liability

Our total aggregate liability for all claims arising from or related to these terms or your use of our services shall not exceed:

• • Paid Customers: The total amount paid by you in the 12 months preceding the claim
• • Free Customers: $100 USD
• • Minimum Cap: In no event less than $100 USD
• • Maximum Cap: In no event more than $10,000 USD per customer

10.3 Exceptions to Limitations

The limitations in this section do not apply to:

• • Our indemnification obligations under these terms
• • Violations of intellectual property rights
• • Gross negligence or willful misconduct
• • Death or personal injury caused by our negligence
• • Fraud or fraudulent misrepresentation
• • Liabilities that cannot be limited under applicable law

10.4 Time Limitation on Claims

• • Claim Period: Claims must be brought within 12 months of the cause of action
• • Discovery Rule: Claims accrue when you knew or should have known of the issue
• • Statute of Limitations: Subject to applicable statute of limitations
• • Notice Requirement: Written notice of claims required within 30 days of discovery

10.5 Basis of the Bargain

You acknowledge that these limitations of liability are an essential element of the agreement between us and that our pricing reflects these limitations. Without these limitations, we would not be able to provide our services at current pricing levels.

11.1 Your Indemnification Obligations

You agree to indemnify, defend, and hold harmless SigTouch, its affiliates, officers, directors, employees, and agents from and against any claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

• • Your use of our services in violation of these terms
• • Your content or documents uploaded to our platform
• • Your violation of any applicable laws or regulations
• • Your infringement of third-party intellectual property rights
• • Your negligent or wrongful acts or omissions
• • Claims by third parties related to your use of our services

11.2 Our Indemnification Obligations

We will indemnify, defend, and hold you harmless from claims that our services infringe third-party intellectual property rights, subject to the following conditions:

• • You promptly notify us in writing of the claim
• • You give us sole control of the defense and settlement
• • You provide reasonable cooperation in the defense
• • The claim relates to unmodified use of our services
• • The infringement is not caused by your content or modifications

11.3 Remedies for Infringement Claims

If our services are subject to an infringement claim, we may, at our option:

• • Obtain a license for you to continue using the services
• • Modify the services to make them non-infringing
• • Replace the services with non-infringing alternatives
• • Terminate the services and refund prepaid fees

11.4 Indemnification Process

• • Notice: Prompt written notice of claims required
• • Control: Indemnifying party has sole control of defense
• • Cooperation: Indemnified party must provide reasonable cooperation
• • Settlement: No settlement without indemnifying party's consent
• • Costs: Indemnifying party pays all defense costs and damages

12.1 Termination by You

• • At-Will Termination: You may terminate your account at any time
• • Termination Methods: Through account settings, email, or phone
• • Effective Date: Termination effective immediately upon request
• • Data Export: Export your data before termination
• • Subscription Cancellation: Cancel recurring subscriptions to avoid future charges
• • No Refunds: Termination does not entitle you to refunds

12.2 Termination by Us

We may terminate your account with or without cause, including for:

• • Terms Violation: Breach of these Terms of Service
• • Non-Payment: Failure to pay fees when due
• • Illegal Activity: Use of services for illegal purposes
• • Abuse: Abuse of our services, systems, or personnel
• • Inactivity: Extended periods of account inactivity
• • Business Reasons: Discontinuation of services or business changes

12.3 Account Suspension

• • Temporary Suspension: We may suspend accounts pending investigation
• • Immediate Suspension: For security threats or legal requirements
• • Notice: Reasonable notice provided when possible
• • Data Access: Limited read-only access during suspension
• • Reinstatement: Accounts may be reinstated upon resolution of issues
• • Appeal Process: Right to appeal suspension decisions

12.4 Effect of Termination

• • Service Access: Immediate cessation of access to services
• • Data Retention: Data retained for 30 days for recovery purposes
• • Data Deletion: Data permanently deleted after retention period
• • Completed Signatures: Signed documents remain legally valid
• • Audit Trails: Audit trails preserved for legal compliance
• • Outstanding Obligations: Payment obligations survive termination

12.5 Survival of Terms

The following sections survive termination of these terms:

• • Data Ownership and Intellectual Property
• • Payment Terms and Outstanding Obligations
• • Limitation of Liability
• • Indemnification
• • Governing Law and Dispute Resolution
• • General Provisions

13.1 Governing Law

• • Applicable Law: These terms are governed by California state law
• • Federal Law: Federal laws of the United States apply where applicable
• • Conflict of Laws: Without regard to conflict of law principles
• • International Users: Local laws may also apply to international users
• • Compliance: You must comply with all applicable local laws

13.2 Jurisdiction and Venue

• • Exclusive Jurisdiction: State and federal courts in San Francisco, California
• • Personal Jurisdiction: You consent to personal jurisdiction in California
• • Venue: You waive any objection to venue in San Francisco
• • Service of Process: Service may be made by email or registered mail

13.3 Informal Dispute Resolution

• • Good Faith Negotiation: Attempt informal resolution before litigation
• • Notice Requirement: Written notice of disputes required
• • Response Time: 30 days to respond to dispute notices
• • Senior Management: Escalation to senior management for resolution
• • Documentation: Maintain records of resolution attempts

13.4 Arbitration (Optional)

• • Voluntary Arbitration: Parties may agree to binding arbitration
• • Arbitration Rules: American Arbitration Association Commercial Rules
• • Location: Arbitration conducted in San Francisco, California
• • Costs: Each party bears their own costs unless otherwise awarded
• • Confidentiality: Arbitration proceedings are confidential

13.5 Class Action Waiver

TO THE EXTENT PERMITTED BY LAW, YOU WAIVE ANY RIGHT TO PARTICIPATE IN CLASS ACTION LAWSUITS OR CLASS-WIDE ARBITRATION AGAINST US. DISPUTES MUST BE BROUGHT INDIVIDUALLY.

14.1 Entire Agreement

These Terms of Service, together with our Privacy Policy and any additional terms for specific features, constitute the entire agreement between you and SigTouch regarding your use of our services.

14.2 Severability

If any provision of these terms is found to be unenforceable, the remaining provisions will remain in full force and effect. Unenforceable provisions will be modified to the minimum extent necessary to make them enforceable.

14.3 Waiver

Our failure to enforce any provision of these terms does not constitute a waiver of that provision or any other provision. Any waiver must be in writing and signed by an authorized representative.

14.4 Assignment

• • Our Rights: We may assign these terms without your consent
• • Your Rights: You may not assign these terms without our written consent
• • Successors: Terms bind successors and permitted assigns
• • Change of Control: Assignment permitted in connection with mergers or acquisitions

14.5 Force Majeure

Neither party will be liable for delays or failures in performance resulting from circumstances beyond their reasonable control, including natural disasters, war, terrorism, labor disputes, or government actions.

14.6 Notices

• • To You: Notices sent to your registered email address
• • To Us: Notices sent to legal@sigtouch.com
• • Effective Date: Notices effective when sent
• • Address Changes: Keep your contact information current

14.7 Electronic Communications

You consent to receive communications from us electronically, including agreements, notices, and disclosures. Electronic communications satisfy any legal requirement for written communications.

15.1 Legal Contacts

15.2 Customer Service

15.3 Business Address

SigTouch, LLC

Legal Department

624 N St 201

Sacramento, CA 95814

United States