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Electronic Signature Disclosure

Last updated: January 10, 2025 | Version 1.0

Important:This Electronic Signature Disclosure ("Disclosure") informs you of your rights and obligations when using electronic signatures and electronic records through AuthenlySign. Please read this Disclosure carefully before proceeding.

This Disclosure is provided in accordance with the Electronic Signatures in Global and National Commerce Act (15 U.S.C. § 7001 et seq., the "ESIGN Act"), the Uniform Electronic Transactions Act ("UETA") as adopted by various states, and other applicable laws governing electronic transactions and signatures.

1. Introduction and Scope

1.1 What This Disclosure Covers

This Disclosure applies to all electronic signatures, electronic records, and electronic transactions you conduct through AuthenlySign, including but not limited to:

  • Signing documents electronically as a sender or recipient
  • Creating, sending, and receiving electronic documents
  • Receiving notices, disclosures, and communications electronically
  • Agreeing to terms, contracts, and other legal documents
  • Providing consent or acknowledgment through electronic means

1.2 Definitions

  • "Electronic Signature" means an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record.
  • "Electronic Record" means a contract or other record created, generated, sent, communicated, received, or stored by electronic means.
  • "Electronic Transaction" means a transaction conducted or performed, in whole or in part, by electronic means or electronic records.

2. Consent to Electronic Signatures and Records

2.1 Your Consent

By using AuthenlySign to sign documents electronically, you affirmatively consent to:

  • Conducting transactions and signing documents electronically
  • Receiving disclosures, notices, and other communications electronically
  • Using electronic records in place of paper records
  • The legal validity and enforceability of your electronic signatures

2.2 How You Provide Consent

You provide your consent to use electronic signatures and records when you:

  • Create an Account: By registering for AuthenlySign, you consent to receive account-related communications electronically
  • Initiate a Signing Session: When you send documents for signature or begin signing a document, you consent to conduct that transaction electronically
  • Click "I Agree" or Similar: Affirmatively clicking acceptance buttons indicates your informed consent
  • Apply Your Signature: The act of applying your electronic signature to a document constitutes consent for that specific document
  • Complete a Transaction: Submitting or finalizing any electronic transaction indicates consent to that transaction

2.3 Voluntary Consent

Your consent to use electronic signatures and records is entirely voluntary. If you do not consent, you may request paper documents and traditional (wet ink) signatures from the party requesting your signature. However, please note that AuthenlySign is an electronic signature service, and we cannot facilitate paper-based transactions.

2.4 Legal Effect of Consent

Electronic signatures created through AuthenlySign have the same legal effect, validity, and enforceability as handwritten signatures. Under the ESIGN Act and UETA, a signature, contract, or other record may not be denied legal effect, validity, or enforceability solely because it is in electronic form.

3. Hardware and Software Requirements

3.1 Minimum Requirements

To access, view, retain, and use AuthenlySign and electronic records, you need the following:

  • Device: A computer, tablet, or smartphone with a screen capable of displaying web content
  • Internet Connection: A stable, reasonably fast internet connection (broadband recommended)
  • Web Browser: A current, supported web browser:
    • Google Chrome (version 90 or later)
    • Mozilla Firefox (version 88 or later)
    • Apple Safari (version 14 or later)
    • Microsoft Edge (version 90 or later)
  • JavaScript: JavaScript must be enabled in your browser
  • Cookies: Cookies must be enabled for session management and security
  • Email: An active email address to receive document notifications, signing requests, and completed documents
  • PDF Viewer: Adobe Acrobat Reader (free) or a compatible PDF viewer to download and view signed documents
  • Storage: Sufficient electronic storage capacity on your device or cloud storage to save and retain documents

3.2 Mobile Device Requirements

For mobile access, you need:

  • iOS 14.0 or later (iPhone, iPad)
  • Android 10.0 or later
  • Mobile browser with JavaScript and cookies enabled
  • Ability to receive email or SMS notifications

3.3 Your Responsibility

You are responsible for ensuring your hardware and software meet these requirements. By proceeding to use AuthenlySign, you confirm that you have the necessary equipment and software to access, view, and retain electronic records.

3.4 Changes to Requirements

Technology requirements may change over time. If we make material changes to these requirements, we will notify you and provide you the opportunity to withdraw consent if you no longer meet the requirements. We will not charge you for such withdrawal if it results from a change in our requirements.

4. Your Right to Withdraw Consent

4.1 How to Withdraw Consent

You have the right to withdraw your consent to use electronic signatures and receive electronic records at any time. To withdraw your consent:

  • Email: Send a written request to legal@authenlysign.com with the subject line "Withdrawal of Electronic Consent"
  • Mail: Send a signed letter to AuthenlySign Inc., Attn: Legal - Consent Withdrawal, 120 19th ST N STE 201 NUM 750307, Birmingham, AL 35203
  • Account Settings: You may also manage certain consent preferences in your account settings

4.2 Information Required for Withdrawal

Your withdrawal request must include:

  • Your full legal name as it appears on your account
  • Your email address associated with your AuthenlySign account
  • A clear statement that you are withdrawing consent to use electronic signatures and/or receive electronic records
  • The effective date of your withdrawal (if not immediate)
  • Your signature (electronic or handwritten, as applicable)

4.3 Effect of Withdrawal

Please understand the following regarding withdrawal of consent:

  • No Retroactive Effect: Withdrawal does not affect the legal validity or enforceability of electronic signatures and records created before the withdrawal
  • Processing Time: We will process your withdrawal request within 10 business days of receipt
  • Pending Transactions: Transactions in progress at the time of withdrawal may still be completed electronically unless you specifically cancel them
  • Service Limitations: After withdrawal, you may not be able to use certain features of AuthenlySign that require electronic signatures
  • Account Status: Your account may be converted to view-only mode or closed, depending on your preferences

4.4 No Fee for Withdrawal

There is no fee or penalty for withdrawing your consent. However, please note that withdrawal may limit your ability to use AuthenlySign's electronic signature services.

5. Right to Paper Copies and Records Access

5.1 Requesting Paper Copies

You have the right to request paper copies of any electronic records or documents you have signed or received through AuthenlySign. To request paper copies:

  • Email your request to support@authenlysign.com with the subject "Paper Copy Request"
  • Include the document name(s), date(s), and any reference numbers
  • Provide your mailing address for delivery

5.2 Fees for Paper Copies

The following fees may apply to paper copy requests:

  • First Request (per document): Free of charge
  • Additional Copies: $5.00 per document
  • Expedited Delivery: Additional shipping costs may apply
  • International Delivery: International shipping rates apply

5.3 Accessing Your Electronic Records

You can access your electronic records at any time through your AuthenlySign account:

  • Dashboard: View all your documents from your account dashboard
  • Download: Download PDF copies of signed documents to your device
  • Audit Trail: Access the certificate of completion and audit history for each document
  • Email Archives: Check your email for copies sent upon document completion

5.4 Record Retention

We recommend downloading and saving copies of all important documents to your own storage. While we maintain your documents in accordance with our retention policy, you should not rely solely on AuthenlySign for permanent document storage. See Section 7 for more information on document retention.

6. How to Update Contact Information

6.1 Importance of Current Information

Maintaining accurate contact information is essential for receiving electronic documents, notifications, and legally required disclosures. You are responsible for ensuring your contact information is current and accurate at all times.

6.2 How to Update Your Information

You can update your contact information through the following methods:

  • Account Settings: Log into your AuthenlySign account and navigate to Profile Settings to update your email address, phone number, and mailing address
  • Email Verification: When changing your email address, you will need to verify the new address by clicking a confirmation link
  • Support Request: Contact support@authenlysign.com if you need assistance updating your information

6.3 What You Can Update

  • Primary email address (used for document delivery and notifications)
  • Secondary/backup email address
  • Phone number (for SMS notifications and two-factor authentication)
  • Physical mailing address (for paper copy requests)
  • Name changes (may require identity verification)
  • Communication preferences and notification settings

6.4 Consequences of Outdated Information

If your contact information is outdated, you may miss important documents, notifications, or legally required disclosures. Documents and notices sent to your last known email address are considered delivered even if you do not receive them due to outdated information.

7. Document Retention and Availability

7.1 Our Retention Practices

AuthenlySign stores your signed documents and electronic records securely in accordance with the following practices:

  • Active Accounts: Documents are retained for the duration of your account plus 7 years after account closure
  • Completed Documents: Signed documents are stored indefinitely while your account is active
  • Audit Trails: Audit trails and certificates of completion are retained with their associated documents
  • Deleted Documents: Documents you delete may be retained for up to 30 days in a recoverable state, then permanently removed
  • Legal Holds: Documents subject to legal holds or regulatory requirements may be retained longer

7.2 Your Access to Documents

You can access and download your documents at any time through your account:

  • View documents directly in your browser
  • Download individual documents as PDF files
  • Download certificates of completion and audit trails
  • Export multiple documents in bulk (available on certain plans)
  • Request data export of all your documents and records

7.3 Your Responsibility to Retain Records

Important: You are strongly encouraged to download and maintain your own copies of all important documents. While we make reasonable efforts to preserve your documents, you should not rely solely on AuthenlySign for permanent document archival. You are responsible for maintaining records in accordance with your own legal and regulatory requirements.

7.4 Document Security

All stored documents are encrypted at rest using AES-256 encryption and in transit using TLS 1.3. Documents are stored in geographically redundant data centers with enterprise-grade security controls. For more information about our security practices, please refer to our Privacy Policy.

8. Legal Effect and Enforceability of Electronic Signatures

8.1 Legal Validity

Electronic signatures created through AuthenlySign are legally binding and enforceable under applicable law. The legal validity of electronic signatures is established by:

  • Federal Law: The Electronic Signatures in Global and National Commerce Act (ESIGN Act, 15 U.S.C. § 7001 et seq.) provides that electronic signatures have the same legal effect as handwritten signatures
  • State Law: The Uniform Electronic Transactions Act (UETA), adopted by 49 states and the District of Columbia, confirms the legal validity of electronic signatures
  • International Law: Electronic signatures may also be valid under international frameworks such as the EU eIDAS Regulation, depending on your jurisdiction and the nature of the transaction

8.2 When Signatures Become Effective

An electronic signature created through AuthenlySign becomes legally effective when:

  • You apply your signature to the designated signature field(s)
  • You click "Finish," "Submit," "Complete," or similar action button to finalize your signing
  • The signature is recorded in our system with a timestamp and associated authentication data
  • For multi-party documents, each party's signature becomes effective upon their individual completion

8.3 Authentication and Intent

By applying your electronic signature, you affirm that:

  • You intend to sign the document
  • You have read and understood the document (or have had the opportunity to do so)
  • You agree to be bound by the terms and conditions of the document
  • You are authorized to sign on behalf of yourself or the party you represent

8.4 Documents Not Suitable for Electronic Signatures

Certain types of documents may not be legally valid with electronic signatures under applicable law, including:

  • Wills, codicils, and testamentary trusts
  • Adoption, divorce, and family law matters (varies by jurisdiction)
  • Court orders and notices
  • Utility service termination notices
  • Health or life insurance cancellation notices
  • Product recall notices affecting health and safety
  • Documents requiring notarization (unless using authorized remote online notarization)

Note: This list is not exhaustive. You are responsible for determining whether electronic signatures are appropriate for your specific documents and jurisdiction. Consult with a qualified attorney if you have questions.

9. Audit Trail and Evidence

9.1 What We Record

For each document signed through AuthenlySign, we create a comprehensive, tamper-evident audit trail that includes:

  • Document Information: Unique document ID, title, and cryptographic hash (SHA-256) of the original and signed document
  • Timestamps: Date, time, and timezone of document creation, viewing, signing, and completion
  • Signer Information: Name, email address, and authentication method for each signer
  • IP Address: IP address and general geographic location of each signer at the time of signing
  • Device Information: Browser type, operating system, and device type used for signing
  • User Actions: Record of all actions taken on the document (views, edits, signatures, completions)
  • Authentication Events: Record of identity verification steps completed

9.2 Certificate of Completion

Upon completion of signing, AuthenlySign generates a Certificate of Completion that summarizes the audit trail information. This certificate:

  • Is attached to or accompanies the signed document
  • Contains a chronological record of all signing events
  • Includes cryptographic verification that the document has not been altered
  • Can be used as evidence of the electronic signature transaction

9.3 Tamper-Evident Technology

Once a document is signed and completed, AuthenlySign applies tamper-evident technology to ensure document integrity:

  • Cryptographic hash of the final document is recorded and verified
  • Any modification to the document after signing will invalidate the hash
  • Digital seals and timestamps from a trusted timestamp authority
  • PKI (Public Key Infrastructure) digital signatures where applicable

9.4 Use as Evidence

The audit trail and certificate of completion are designed to be admissible as evidence in legal proceedings. While we cannot guarantee admissibility in all courts or jurisdictions, our electronic signature process is designed to comply with applicable laws and industry standards for electronic evidence.

10. Consent Confirmation and Your Acknowledgments

By clicking "I Agree," "Accept," or by signing a document electronically through AuthenlySign, you confirm and acknowledge that:

  • Access and Retention: You have the hardware and software required to access, view, and retain electronic records, and you are able to print or download documents for your records
  • Consent to Electronic Transactions: You consent to conduct transactions electronically and to receive documents, disclosures, and notices electronically
  • Legal Binding Effect: You understand and agree that electronic signatures have the same legal effect as handwritten signatures
  • Disclosure Received: You have received, read, and understood this Electronic Signature Disclosure
  • Voluntary Consent: You are providing your consent voluntarily and have had the opportunity to ask questions
  • Authority: If signing on behalf of an organization, you have the authority to bind that organization
  • Contact Information: The email address and other contact information you have provided is accurate and current

This consent confirmation applies to all electronic signatures and transactions you conduct through AuthenlySign unless and until you withdraw your consent as described in Section 4.

11. Third-Party Services

11.1 Integration with Third-Party Services

AuthenlySign may integrate with or utilize third-party services to provide certain features and functionality. These may include:

  • Cloud storage providers for document synchronization (e.g., Google Drive, Dropbox, OneDrive)
  • Identity verification and authentication services
  • Payment processors for subscription billing
  • Email delivery services for notifications
  • Analytics services to improve our platform

11.2 Third-Party Terms

When you use third-party integrations through AuthenlySign, you may be subject to those third parties' terms of service and privacy policies. We are not responsible for the practices of third-party services, and you should review their terms before enabling integrations.

11.3 No Endorsement

The availability of third-party integrations does not constitute an endorsement by AuthenlySign of those services. We make no warranties regarding the functionality, security, or reliability of third-party services.

12. Privacy and Data Handling

12.1 How We Handle Your Data

The information we collect in connection with electronic signatures and records is handled in accordance with our Privacy Policy. This includes:

  • Personal information you provide when creating an account or signing documents
  • Document content and metadata
  • Audit trail information (IP addresses, timestamps, device information)
  • Communication records related to document transactions

12.2 Data Security

We implement industry-standard security measures to protect your electronic records, including encryption in transit and at rest, access controls, and regular security audits. For detailed information about our security practices, please refer to our Privacy Policy.

12.3 Cross-Reference to Privacy Policy

For complete information about how we collect, use, store, share, and protect your personal information, please review our Privacy Policy. The Privacy Policy is incorporated by reference into this Disclosure.

13. Disclaimers

13.1 No Legal Advice

AuthenlySign is a technology platform that facilitates electronic signatures. We do not provide legal advice, and nothing in this Disclosure or our Service should be construed as legal advice. You should consult with a qualified attorney if you have questions about the legal validity or enforceability of electronic signatures for your specific situation.

13.2 Service Provided "As Is"

THE ELECTRONIC SIGNATURE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

13.3 No Guarantee of Legal Validity

While AuthenlySign is designed to comply with applicable electronic signature laws, we cannot guarantee that electronic signatures will be legally valid or enforceable in all circumstances, jurisdictions, or for all types of documents. Laws regarding electronic signatures vary by jurisdiction and document type.

13.4 Your Responsibility

You are solely responsible for determining whether electronic signatures are appropriate for your specific documents, transactions, and jurisdictions. You are also responsible for ensuring that you have proper authorization to sign documents and that the content of documents you sign or send is accurate and lawful.

14. Limitation of Liability

14.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AUTHENLYSIGN, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF ELECTRONIC SIGNATURES OR ELECTRONIC RECORDS THROUGH OUR SERVICE.

14.2 Cap on Liability

Our total liability to you for any claims arising out of or related to electronic signatures and this Disclosure shall not exceed the greater of: (a) the fees you paid to AuthenlySign in the 12 months preceding the claim, or (b) one hundred U.S. dollars ($100).

14.3 Basis of the Bargain

You acknowledge that these limitations of liability are a fundamental element of the agreement between you and AuthenlySign, and that our electronic signature service would not be provided without these limitations.

15. Contact Information and Requests

If you have questions about this Electronic Signature Disclosure, want to withdraw consent, request paper copies, or submit other requests related to electronic signatures and records, please contact us through the appropriate channel:

General Inquiries

Email: legal@authenlysign.com

For questions about this Disclosure, consent, or legal matters

Paper Copy Requests

Email: support@authenlysign.com

For requesting paper copies of signed documents

Consent Withdrawal

Email: legal@authenlysign.com

Subject: "Withdrawal of Electronic Consent"

Technical Support

Email: support@authenlysign.com

For help accessing or downloading documents

Phone Support

Toll-Free: 1-800-AUTHENLY (1-800-288-4365)
Hours: Monday - Friday, 9:00 AM - 6:00 PM Eastern Time

Mailing Address

AuthenlySign Inc.
Attn: Electronic Signature Disclosure Requests
120 19th ST N STE 201 NUM 750307
Birmingham, AL 35203
United States

Response Time: We aim to respond to all inquiries within 2-3 business days. Consent withdrawal requests will be processed within 10 business days. Paper copy requests will be fulfilled within 5-7 business days (plus shipping time).

16. Changes to This Disclosure

We may update this Electronic Signature Disclosure from time to time to reflect changes in our practices, technology, legal requirements, or for other operational reasons.

  • Material changes will be communicated via email or through a notice in our Service
  • The "Last updated" date at the top of this Disclosure indicates when it was last revised
  • Continued use of electronic signatures after changes are posted constitutes acceptance of the revised Disclosure
  • You may request previous versions of this Disclosure by contacting legal@authenlysign.com

We encourage you to review this Disclosure periodically to stay informed about your rights regarding electronic signatures and records.