Terms of Service

1. Acceptance of Terms

By accessing, browsing, or using AuthenlySign ("Service"), operated by AuthenlySign Inc. ("Company," "we," "us," or "our"), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms") and our Privacy Policy. These Terms constitute a legally binding agreement between you and AuthenlySign Inc.

1.1 How You Accept These Terms

You accept these Terms when you:

• Create an account or complete the registration process
• Click "I Agree," "Accept," or similar buttons during signup
• Access or use any part of the Service after these Terms are posted
• Sign a document sent through AuthenlySign (as a recipient)

1.2 Authority to Accept

If you are accepting these Terms on behalf of a company, organization, or other legal entity, you represent and warrant that:

• You have the authority to bind that entity to these Terms
• The entity agrees to be bound by these Terms
• References to "you" in these Terms refer to both you individually and the entity

Important: If you do not agree to these Terms, you must not access or use the Service. Continued use of the Service after any modifications to these Terms constitutes acceptance of those modifications.

2. Eligibility and Account Registration

2.1 Eligibility Requirements

To use AuthenlySign, you must:

• Be at least 18 years of age (or the age of legal majority in your jurisdiction)
• Have the legal capacity to enter into binding contracts
• Not be prohibited from using the Service under applicable laws
• Not have been previously suspended or removed from the Service
• Not be located in a country subject to U.S. government embargo or designated as a "terrorist supporting" country

2.2 Description of Service

AuthenlySign provides a cloud-based electronic signature and document management platform that enables users to:

2.3 Service Availability

We strive to maintain 99.9% uptime for the Service. However, we do not guarantee uninterrupted access and may perform scheduled maintenance, updates, or experience unforeseen outages. We will endeavor to provide advance notice of planned maintenance when possible.

3. User Accounts and Security

3.1 Account Registration

To access most features of the Service, you must create an account by providing accurate, current, and complete information. You agree to:

• Provide truthful and accurate registration information
• Keep your account information up to date
• Use a valid email address that you have access to
• Not create accounts using automated methods or false identities
• Not create multiple accounts to circumvent restrictions or abuse free trials

3.2 Account Security

You are solely responsible for:

3.3 Account Types

AuthenlySign offers different account types:

• Individual Accounts: For personal use by a single user
• Team Accounts: For small teams with shared workspaces and collaboration features
• Business Accounts: For organizations requiring advanced features, admin controls, and multiple users
• Enterprise Accounts: For large organizations with custom requirements, dedicated support, and SLAs

3.4 Organization Administrators

If you are an administrator of an organization account, you have additional responsibilities including managing user access, setting permissions, configuring security policies, and ensuring your organization's compliance with these Terms. You are responsible for the actions of all users within your organization's account.

4. Electronic Signatures and Legal Validity

4.1 Legal Framework

You acknowledge and agree that electronic signatures created through AuthenlySign have the same legal effect, validity, and enforceability as handwritten signatures under applicable laws, including:

4.2 Consent to Electronic Transactions

By using the Service, you consent to:

• Conduct transactions electronically
• Receive documents, notices, and disclosures electronically
• Use electronic signatures in lieu of handwritten signatures
• The legal validity and enforceability of electronically signed documents

4.3 Audit Trail and Evidence

AuthenlySign creates a comprehensive, tamper-evident audit trail for each document that includes:

• Date, time, and timezone of all document events
• IP addresses and general geographic location of signers
• Email addresses and authentication methods used
• Device and browser information
• Cryptographic hash of the document at each stage
• Digital certificate and timestamp from a trusted timestamp authority

4.4 Exceptions and Limitations

Certain documents may not be legally valid with electronic signatures under applicable law, including but not limited to:

• Wills, codicils, and testamentary trusts
• Family law documents (adoption, divorce in some jurisdictions)
• Court orders and official court documents
• Notices of cancellation of utility services or health/life insurance
• Documents requiring notarization (unless using remote online notarization)

Legal Advice: AuthenlySign does not provide legal advice. 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.

5. Acceptable Use Policy

You agree to use the Service only for lawful purposes and in accordance with these Terms. This Acceptable Use Policy applies to all users, including account holders, recipients, and anyone accessing the Service.

5.1 Prohibited Activities

You agree NOT to use the Service to:

5.2 Prohibited Content

You may not upload, transmit, or store content that:

• Is illegal, defamatory, obscene, or pornographic
• Contains child sexual abuse material (CSAM)
• Promotes violence, terrorism, or hatred against individuals or groups
• Violates the privacy rights of others
• Contains sensitive personal information without proper authorization
• Infringes on third-party intellectual property rights

5.3 Technical Restrictions

You agree not to:

• Use automated scripts, bots, or scrapers to access the Service
• Interfere with or disrupt the Service or servers/networks connected to it
• Impose an unreasonable load on our infrastructure
• Probe, scan, or test the vulnerability of the Service without authorization
• Use the Service to benchmark or create a competing product

5.4 Enforcement

We reserve the right to investigate and take appropriate action against anyone who, in our sole discretion, violates this Acceptable Use Policy. This may include removing content, suspending or terminating accounts, and reporting to law enforcement authorities.

6. User Content and Responsibilities

6.1 Your Content

"User Content" includes all documents, files, data, text, images, and other materials you upload, create, or transmit through the Service. You retain all ownership rights to your User Content.

6.2 License Grant

By uploading or submitting User Content to the Service, you grant AuthenlySign a limited, non-exclusive, royalty-free, worldwide license to:

• Store, process, and transmit your User Content to provide the Service
• Display your User Content to authorized recipients you designate
• Create backups and maintain redundant copies for service continuity
• Generate audit trails and certificates of completion
• Analyze aggregated, anonymized data to improve the Service

This license terminates when you delete your User Content or close your account, except for content that has been shared with others or is required to be retained for legal compliance.

6.3 Your Representations

You represent and warrant that:

• You own or have the necessary rights to upload and share the User Content
• The User Content does not violate any third party's intellectual property or privacy rights
• You have obtained all necessary consents from individuals whose information is included in the User Content
• The User Content complies with all applicable laws and regulations
• The User Content is accurate and not misleading

6.4 Responsibility for Recipients

When you send documents for signature, you are responsible for:

• Ensuring you have the authority to send the document
• Providing accurate recipient information
• Obtaining proper consent from recipients before sending sensitive documents
• Complying with applicable privacy laws when collecting recipient information
• Not using the Service to send spam or unsolicited documents

6.5 Content Monitoring

We do not actively monitor User Content. However, we reserve the right (but have no obligation) to review, screen, or remove User Content that violates these Terms or applicable law. We may also access User Content when required by law or to protect the rights, safety, or property of AuthenlySign or others.

7. Data Security and Privacy

Protecting your data is fundamental to our Service. We implement comprehensive security measures to safeguard your information.

7.1 Security Measures

7.2 Privacy Policy

Our Privacy Policy describes in detail how we collect, use, store, and protect your personal information. By using the Service, you consent to our data practices as described in the Privacy Policy.

7.3 Your Security Obligations

You agree to:

• Use strong, unique passwords for your account
• Enable two-factor authentication when available
• Keep your devices and software up to date with security patches
• Report any suspected security incidents promptly
• Not share your login credentials with others

8. Subscription, Payment, and Billing

8.1 Subscription Plans

AuthenlySign offers various subscription plans with different features and usage limits. Plan details, pricing, and features are available on our pricing page and may be updated from time to time.

8.2 Free Trial

We may offer free trials of paid features. During a free trial:

• You may access paid features for a limited time at no charge
• We may require payment information upfront, but won't charge until the trial ends
• You may cancel before the trial ends to avoid charges
• Unused trial periods are forfeited if you subscribe before the trial ends
• We reserve the right to limit or terminate trials at any time

8.3 Payment Terms

8.4 Price Changes

We may change our prices at any time. Price changes will take effect at the start of your next billing cycle after we provide at least 30 days' notice. If you do not agree to the price change, you may cancel your subscription before it renews.

8.5 Refunds

Our refund policy is as follows:

• Annual Subscriptions: Pro-rated refund if cancelled within 30 days of initial purchase or renewal
• Monthly Subscriptions: No refunds for partial months; you retain access until the end of the billing period
• Usage-Based Charges: Non-refundable once the service has been rendered
• Chargebacks: We reserve the right to suspend accounts involved in disputed charges

8.6 Failed Payments

If a payment fails, we will attempt to charge your payment method again. After multiple failed attempts, we may suspend or downgrade your account. You remain responsible for any uncollected amounts. We may use third-party collection agencies to recover unpaid fees.

9. Intellectual Property Rights

9.1 AuthenlySign's Intellectual Property

The Service and all associated content, features, and functionality are owned by AuthenlySign Inc. and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws. This includes:

• The AuthenlySign name, logo, and all related trademarks and service marks
• The website design, user interface, and user experience
• Software code, algorithms, and technical architecture
• Documentation, tutorials, and help content
• APIs, SDKs, and developer tools

9.2 License to Use the Service

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business or personal purposes. This license does not include:

• The right to sublicense, resell, or redistribute the Service
• The right to modify, adapt, or create derivative works
• The right to reverse engineer or access source code
• The right to remove or alter proprietary notices

9.3 Your Intellectual Property

You retain all ownership rights to your User Content. We do not claim any ownership interest in your documents, data, or other content you upload to the Service.

9.4 Feedback

If you provide us with feedback, suggestions, or ideas about the Service ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such Feedback into the Service without any obligation to you.

9.5 Copyright Infringement (DMCA)

We respect intellectual property rights and expect our users to do the same. If you believe that content on the Service infringes your copyright, please submit a DMCA notice to our designated agent at:

10. Third-Party Services and Integrations

10.1 Third-Party Integrations

The Service may integrate with or allow connections to third-party services, including but not limited to:

• Cloud storage providers (Google Drive, Dropbox, OneDrive, Box)
• CRM systems (Salesforce, HubSpot)
• Payment processors (Stripe)
• Identity verification services
• Email and calendar services

10.2 Third-Party Terms

Your use of third-party services is subject to those services' own terms of service and privacy policies. We are not responsible for the availability, accuracy, content, or practices of third-party services. You authorize us to access and interact with third-party services on your behalf when you enable integrations.

10.3 Third-Party Links

The Service may contain links to third-party websites or resources. These links are provided for convenience only. We do not endorse and are not responsible for the content, products, or services on or available from those sites.

10.4 API and Developer Tools

If you use our API or developer tools, you agree to our API Terms of Use, which include rate limits, authentication requirements, and restrictions on use. You are responsible for any applications you build using our API.

11. Disclaimers and Warranties

11.1 Service Provided "As Is"

11.2 No Guarantee

We do not warrant that:

• The Service will be uninterrupted, error-free, or secure
• Results obtained from the Service will be accurate or reliable
• The Service will meet your specific requirements
• Any errors in the Service will be corrected
• The Service will be compatible with all devices or browsers

11.3 Legal Validity

While we design the Service to comply with electronic signature laws, we cannot guarantee that electronic signatures will be legally valid or enforceable in all circumstances or jurisdictions. You are responsible for determining the legal validity of electronic signatures for your specific use case.

11.4 No Legal Advice

AuthenlySign is not a law firm and does not provide legal advice. Information provided through the Service is for general informational purposes only and should not be relied upon as legal advice. Consult with a qualified attorney for legal matters.

12. Limitation of Liability

12.1 Exclusion of Certain Damages

12.2 Cap on Liability

Our total cumulative liability to you for all claims arising out of or related to these Terms or the Service shall not exceed the greater of: (a) the amounts you paid to AuthenlySign in the 12 months preceding the claim, or (b) one hundred U.S. dollars ($100).

12.3 Exceptions

The limitations in this section do not apply to:

• Liability that cannot be limited under applicable law
• Death or personal injury caused by negligence
• Fraud or fraudulent misrepresentation
• Your breach of the Acceptable Use Policy
• Your indemnification obligations under these Terms

12.4 Basis of the Bargain

You acknowledge that the limitations of liability in this section reflect a reasonable allocation of risk between you and AuthenlySign and are a fundamental basis of the bargain between us. The Service would not be provided without these limitations.

13. Indemnification

You agree to indemnify, defend, and hold harmless AuthenlySign Inc. and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Service
• Your User Content
• Your violation of these Terms
• Your violation of any rights of another person or entity
• Your violation of any applicable law or regulation
• Any claim that your User Content infringes intellectual property rights

We reserve the right to assume exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense of such claim.

14. Termination

14.1 Termination by You

You may terminate your account at any time by:

• Using the account deletion feature in your Settings
• Contacting our support team at support@authenlysign.com
• Cancelling your subscription (which does not delete your account)

14.2 Termination by AuthenlySign

We may suspend or terminate your access to the Service immediately, without prior notice or liability, for any reason, including but not limited to:

• Violation of these Terms or our Acceptable Use Policy
• Fraudulent, abusive, or illegal activity
• Non-payment of applicable fees
• Upon request by law enforcement or government agencies
• Extended periods of inactivity
• Discontinuation of the Service (with reasonable notice)

14.3 Effect of Termination

Upon termination:

• Your right to access and use the Service ceases immediately
• We may delete your account and User Content (subject to retention requirements)
• Outstanding payment obligations remain due
• Provisions that should survive termination will remain in effect

14.4 Data Export

Before terminating your account, we recommend exporting your documents and data. You may use the export feature in Settings or contact support for assistance. After termination, we are not obligated to maintain or provide your data.

14.5 Survival

The following sections shall survive termination: Intellectual Property, User Content (licenses granted), Disclaimers, Limitation of Liability, Indemnification, Governing Law, and any other provisions that by their nature should survive.

15. Changes to Terms

15.1 Right to Modify

We reserve the right to modify these Terms at any time in our sole discretion. Changes may be made for reasons including, but not limited to, changes in law, new features, or changes in business practices.

15.2 Notice of Changes

We will provide notice of material changes through one or more of the following methods:

• Email notification to your registered email address
• Prominent notice within the Service (banner, pop-up, or dashboard notification)
• Update to the "Last Updated" date at the top of these Terms

15.3 Acceptance of Changes

Your continued use of the Service after the effective date of any changes constitutes your acceptance of the modified Terms. If you do not agree to the changes, you must stop using the Service and close your account before the changes take effect.

15.4 Version History

We maintain an archive of previous versions of these Terms. You may request previous versions by contacting legal@authenlysign.com.

16. Governing Law and Dispute Resolution

16.1 Governing Law

These Terms and your use of the Service shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law principles.

16.2 Venue and Jurisdiction

Any legal action or proceeding arising out of or related to these Terms or the Service shall be brought exclusively in the federal or state courts located in San Francisco County, California. You consent to the personal jurisdiction of such courts and waive any objection to venue in such courts.

16.3 Informal Resolution

Before initiating any legal proceeding, you agree to first contact us at legal@authenlysign.com and attempt to resolve the dispute informally for at least 30 days. Most disputes can be resolved through direct communication.

16.4 Class Action Waiver

16.5 Time Limitation

Any claim or cause of action arising out of or related to these Terms or the Service must be filed within one (1) year after such claim or cause of action arose, or be forever barred.

17. General Provisions

17.1 Entire Agreement

These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and AuthenlySign regarding the Service and supersede all prior agreements and understandings.

17.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

17.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of AuthenlySign.

17.4 Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.

17.5 Force Majeure

AuthenlySign shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

17.6 Relationship of Parties

Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and AuthenlySign. Neither party has authority to bind the other.

17.7 Headings

Section headings are for convenience only and shall not affect the interpretation of these Terms.

18. Contact Information

If you have questions, concerns, or requests regarding these Terms of Service, please contact us through the appropriate channel below:

Mailing Address

Response Time: We aim to respond to all inquiries within 2-3 business days. For urgent security matters, we provide 24-hour response times. Legal notices sent by mail should allow 10 business days for processing.