Terms of Service

1. Acceptance of Terms

By accessing and using DotSign ("Service"), you accept and agree to be bound by the terms and provision of this agreement ("Terms"). These Terms constitute a legally binding agreement between you ("User", "you", or "your") and DotSign Inc. ("Company", "we", "us", or "our"). If you do not agree to abide by these Terms, please do not use this Service.

By creating an account or using our Service, you represent that you are at least 18 years old and have the legal capacity to enter into this agreement. If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

2. Service Description

DotSign provides electronic signature services that allow users to sign, send, and manage documents digitally. Our platform includes:

• Document upload and preparation tools
• Electronic signature capture and verification
• Document storage and management
• Audit trails and compliance reporting
• API access for integration with third-party applications
• Mobile applications for iOS and Android devices
• Advanced authentication and identity verification
• Workflow automation and template management
• Real-time notifications and status tracking
• Bulk sending and processing capabilities

3. Email Communications and Anti-Spam Policy

By using our Service, you agree to our email communication practices and anti-spam policies:

Permitted Email Communications

• Transactional emails related to your account and document processing
• Service notifications, security alerts, and system updates
• Document signing requests and reminders sent on your behalf
• Customer support communications and responses to your inquiries
• Legal notices and important policy updates
• Marketing communications (only with your explicit consent)

User Obligations for Email Usage

• You may only send signature requests to recipients who have consented to receive them
• You must not use our Service to send unsolicited bulk emails or spam
• You are responsible for maintaining accurate recipient email addresses
• You must honor unsubscribe requests from your recipients
• You agree to comply with all applicable anti-spam laws (CAN-SPAM, GDPR, CASL, etc.)
• You must not impersonate others or use misleading sender information

ESP Compliance and Deliverability

• We maintain compliance with major Email Service Providers (ESPs) including Amazon SES, SendGrid, and Mailgun
• We implement proper email authentication protocols (SPF, DKIM, DMARC)
• We monitor bounce rates, spam complaints, and sender reputation metrics
• We may suspend accounts that negatively impact our sender reputation
• We provide tools to help you maintain good email practices and deliverability

Prohibited Email Activities

• Sending emails to purchased, rented, or harvested email lists
• Using deceptive subject lines or sender information
• Sending emails after recipients have unsubscribed
• Using our Service to distribute malware, phishing attempts, or fraudulent content
• Attempting to circumvent our anti-spam measures or rate limits
• Sending emails that violate applicable laws or regulations

4. User Responsibilities

As a user of DotSign, you agree to:

• Provide accurate and complete information when creating your account
• Maintain the security and confidentiality of your account credentials
• Use the service only for lawful purposes and in compliance with all applicable laws
• Respect the intellectual property rights of others
• Comply with all applicable laws and regulations, including data protection laws
• Notify us immediately of any unauthorized use of your account
• Ensure you have proper authorization to sign documents on behalf of others
• Maintain backup copies of important documents
• Use reasonable security measures to protect sensitive information
• Report any security vulnerabilities or suspicious activities
• Comply with usage limits and fair use policies
• Pay all fees and charges associated with your account in a timely manner

5. Electronic Signatures and Legal Validity

By using DotSign, you acknowledge that electronic signatures created through our platform are legally binding and enforceable under applicable electronic signature laws, including the Electronic Signatures in Global and National Commerce Act (ESIGN) and the Uniform Electronic Transactions Act (UETA). You agree that:

• Electronic signatures have the same legal effect as handwritten signatures
• You will not dispute the validity of electronic signatures created through our Service
• You have the authority to sign documents on behalf of yourself or your organization
• You consent to conducting transactions electronically
• You understand that some documents may not be suitable for electronic signature
• You are responsible for determining the legal requirements for your specific use case
• You will maintain records as required by applicable law
• You understand that audit trails and certificates provide evidence of signature validity

6. Account Management and Data Handling

Your account and data are subject to the following terms:

Account Security

• You are responsible for maintaining the confidentiality of your login credentials
• You must enable two-factor authentication when available
• You must notify us immediately of any suspected unauthorized access
• We may require additional verification for sensitive account changes
• You are liable for all activities that occur under your account

Data Ownership and Rights

• You retain ownership of all documents and content you upload to our Service
• You grant us a limited license to process, store, and transmit your content as necessary to provide the Service
• We do not claim ownership of your content or use it for purposes other than providing the Service
• You are responsible for ensuring you have rights to all content you upload
• You may export your data at any time through our data export tools

Data Retention and Deletion

• We retain your data for as long as your account is active or as needed to provide services
• You may request deletion of your account and associated data at any time
• Some data may be retained for legal compliance, dispute resolution, or fraud prevention
• Deleted data is permanently removed from our systems within 90 days unless legally required to retain
• We provide data portability options before account deletion

7. Payment Terms and Billing

For paid services, you agree to pay all fees and charges associated with your account. Payment terms include:

• Subscription fees are billed in advance on a monthly or annual basis
• All fees are non-refundable unless otherwise stated in our refund policy
• We may change pricing with 30 days advance notice to existing customers
• Accounts may be suspended for non-payment after a 15-day grace period
• You are responsible for all taxes associated with your use of the Service
• Payment processing is handled by secure third-party providers
• We accept major credit cards and ACH payments where available
• Enterprise customers may be eligible for custom billing arrangements
• Overages and usage-based fees are billed monthly in arrears
• You must maintain current payment information to avoid service interruption

8. Prohibited Uses and Compliance

You may not use our Service for any of the following prohibited activities:

Illegal or Harmful Activities

• Any illegal activities or activities that violate applicable laws or regulations
• Fraud, money laundering, or other financial crimes
• Identity theft or impersonation of others
• Harassment, threats, or abuse of other users
• Distribution of malware, viruses, or other harmful code
• Phishing attempts or social engineering attacks

Technical Violations

• Attempting to gain unauthorized access to our systems or other users' accounts
• Reverse engineering, decompiling, or attempting to extract source code
• Circumventing security measures or access controls
• Overloading our systems or attempting denial-of-service attacks
• Using automated tools to access the Service without permission
• Interfering with the proper functioning of the Service

Content Violations

• Uploading or sharing content that infringes intellectual property rights
• Distributing obscene, defamatory, or offensive content
• Sharing confidential information without proper authorization
• Using the Service to store or transmit illegal content
• Violating privacy rights of individuals
• Sharing content that violates export control laws

9. Service Availability and Modifications

We strive to provide reliable service but cannot guarantee uninterrupted availability:

• We aim for 99.9% uptime but do not guarantee continuous availability
• Scheduled maintenance will be announced in advance when possible
• We may modify, suspend, or discontinue features with reasonable notice
• Emergency maintenance may be performed without advance notice
• We are not liable for service interruptions beyond our reasonable control
• Service level agreements are available for enterprise customers
• We provide status updates through our status page and notifications

10. Intellectual Property Rights

The Service and its original content, features, and functionality are and will remain the exclusive property of DotSign Inc. and its licensors:

• The Service is protected by copyright, trademark, and other intellectual property laws
• You may not copy, modify, distribute, or create derivative works of our Service
• Our trademarks and logos may not be used without written permission
• You retain rights to your own content uploaded to the Service
• We respect intellectual property rights and respond to valid DMCA notices
• Users who repeatedly infringe copyrights may have their accounts terminated

11. Limitation of Liability and Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND
• WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
• WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE
• WE ARE NOT RESPONSIBLE FOR THE CONTENT, ACCURACY, OR LEGALITY OF DOCUMENTS PROCESSED THROUGH OUR SERVICE

DotSign shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, even if we have been advised of the possibility of such damages. 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, defend, and hold harmless DotSign Inc., its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including attorney's fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Any content you upload or transmit through the Service
• Your breach of any representation or warranty made herein

13. Termination

Either party may terminate this agreement under the following circumstances:

• You may terminate your account at any time through your account settings
• We may terminate or suspend your account immediately for breach of these Terms
• We may terminate accounts for non-payment after appropriate notice
• We may terminate the Service entirely with 90 days notice
• Termination does not relieve you of payment obligations incurred before termination
• Upon termination, your right to use the Service ceases immediately
• We will provide reasonable opportunity to export your data before account deletion

Sections relating to intellectual property, limitation of liability, indemnification, and dispute resolution shall survive termination of this agreement.

14. Dispute Resolution and Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.

Dispute Resolution Process

• Before filing any legal action, you agree to attempt to resolve disputes through good faith negotiation
• If negotiation fails, disputes shall be resolved through binding arbitration
• Arbitration shall be conducted by a single arbitrator under the rules of the American Arbitration Association
• The arbitration shall take place in San Francisco, California
• Each party shall bear their own costs and attorney's fees unless otherwise awarded by the arbitrator
• Class action lawsuits and jury trials are waived

Exceptions to Arbitration

• Claims for injunctive or equitable relief
• Disputes related to intellectual property rights
• Small claims court actions (under applicable jurisdictional limits)
• Claims that cannot be arbitrated under applicable law

15. Miscellaneous Provisions

Entire Agreement

These Terms, together with our Privacy Policy and any additional terms applicable to specific features, constitute the entire agreement between you and DotSign regarding the Service.

Modifications

We reserve the right to modify these Terms at any time. We will provide notice of material changes through email or prominent notice on our website. Continued use of the Service after changes constitutes acceptance of the modified Terms.

Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

Assignment

You may not assign or transfer these Terms without our written consent. We may assign these Terms without restriction.

Force Majeure

We shall not be liable for any failure to perform our obligations due to causes beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, or government actions.

16. Contact Information

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