Terms of Service
Last Updated: June 1, 2023
Table of Contents
- 1. Acceptance of Terms
- 2. Description of Services
- 3. Account Registration and Security
- 4. Subscription and Payment
- 5. Use Restrictions
- 6. User Content
- 7. Intellectual Property Rights
- 8. Confidentiality and Privacy
- 9. Disclaimers
- 10. Limitation of Liability
- 11. Indemnification
- 12. Term and Termination
- 13. Modifications to Terms
- 14. Governing Law
- 15. Dispute Resolution
- 16. Miscellaneous
- 17. Contact Us
1. Acceptance of Terms
By accessing or using BoltSign's electronic signature and document management services, website, or mobile applications (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and representing that you have the authority to bind that organization to these Terms. In such cases, "you" and "your" will refer to that organization.
You must read, agree with, and accept all of the terms and conditions contained in these Terms in order to use our Services. If you do not agree to be bound by these Terms, you may not access or use the Services.
2. Description of Services
BoltSign provides electronic signature and document management services that enable users to electronically sign, send, and manage documents.
We reserve the right to modify, suspend, or discontinue the Services (or any part thereof) at any time, with or without notice. We shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.
3. Account Registration and Security
3.1 Account Creation
To use certain features of our Services, you must register for an account. You agree to provide accurate, current, and complete information during the registration process and to keep such information updated.
3.2 Account Security
You are responsible for safeguarding your password and for any activities or actions under your account. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
3.3 Identity Verification
We may, in our sole discretion, require additional verification of your identity to comply with applicable laws and regulations, particularly for electronic signature services. You agree to cooperate with such verification processes.
4. Subscription and Payment
4.1 Subscription Plans
We offer various subscription plans for our Services. The features and limitations of each plan are described on our website. We reserve the right to change the features and pricing of our subscription plans at any time.
4.2 Free Trial
We may offer a free trial period for certain subscription plans. At the end of the trial period, your account will automatically convert to a paid subscription unless you cancel before the trial period ends.
4.3 Fees and Payments
You agree to pay all fees applicable to your subscription plan. All fees are exclusive of taxes, which you are responsible for paying. Fees are non-refundable except as required by law or as explicitly stated in these Terms.
For recurring subscriptions, you authorize us to charge the payment method you provide to us on a recurring basis until you cancel your subscription or we terminate it.
5. Use Restrictions
You agree not to use the Services:
- In any way that violates any applicable federal, state, local, or international law or regulation;
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way;
- To transmit any material that is unlawful, threatening, abusive, defamatory, obscene, or invasive of another's privacy;
- To impersonate or attempt to impersonate BoltSign, a BoltSign employee, another user, or any other person or entity;
- To engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services;
- To attempt to interfere with the proper working of the Services, including by using any device, software, or routine that interferes with the proper working of the Services;
- To attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services or any server, computer, or database connected to the Services;
- To use any robot, spider, or other automatic device or manual process to monitor or copy any part of the Services;
- To introduce any viruses, Trojan horses, worms, logic bombs, or other harmful material;
- To use the Services in any manner that could disable, overburden, damage, or impair the Services.
6. User Content
6.1 Your Responsibility for Content
You are solely responsible for all documents, data, and information ("Content") that you upload, transmit, or otherwise make available via our Services. You represent and warrant that:
- You have all necessary rights, licenses, and permissions to use and share your Content with us;
- Your Content does not infringe or misappropriate any third party's intellectual property or other rights;
- Your Content complies with these Terms and all applicable laws and regulations.
6.2 License to Content
You grant BoltSign a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, and distribute your Content solely for the purpose of providing the Services to you and as otherwise permitted by our Privacy Policy.
6.3 Content Storage and Deletion
We are not obligated to maintain or store your Content indefinitely. You are responsible for backing up your own Content. We may delete your Content as described in our Privacy Policy or if you cancel your account.
7. Intellectual Property Rights
7.1 BoltSign's Intellectual Property
The Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by BoltSign, its licensors, or other providers and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
7.2 License to Use Services
Subject to these Terms, BoltSign grants you a limited, non-exclusive, non-transferable, and revocable license to use the Services for your personal or internal business purposes.
7.3 Restrictions
You must not:
- Modify, copy, or create derivative works based on the Services;
- Frame or mirror any part of the Services;
- Reverse engineer, decompile, or disassemble the Services;
- Access the Services to build a competitive product or service;
- License, sell, rent, lease, transfer, assign, distribute, or otherwise commercially exploit the Services.
8. Confidentiality and Privacy
We respect your privacy and handle your personal information in accordance with our Privacy Policy. By using our Services, you consent to the collection and use of information as described in our Privacy Policy.
We will maintain appropriate administrative, physical, and technical safeguards to protect the security, confidentiality, and integrity of your Content. However, no method of transmission over the Internet or electronic storage is 100% secure, and we cannot guarantee absolute security.
9. Disclaimers
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, BOLTSIGN EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
BOLTSIGN MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. BOLTSIGN MAKES NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM BOLTSIGN OR THROUGH THE SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BOLTSIGN SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES, WHETHER BASED ON TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF BOLTSIGN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL BOLTSIGN'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES EXCEED THE AMOUNT PAID BY YOU TO BOLTSIGN DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100) IF YOU HAVE NOT PAID BOLTSIGN ANY AMOUNTS DURING SUCH PERIOD.
THE LIMITATIONS OF LIABILITY IN THIS SECTION SHALL APPLY TO LIABILITY FOR NEGLIGENCE AND SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT PRODUCT LIABILITY, OR OTHERWISE, EVEN IF BOLTSIGN HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
11. Indemnification
You agree to defend, indemnify, and hold harmless BoltSign, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to, your User Content, any use of the Services' content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Services.
12. Term and Termination
12.1 Term
These Terms will remain in effect until terminated by you or BoltSign.
12.2 Termination by You
You may terminate these Terms at any time by canceling your account and ceasing all use of the Services.
12.3 Termination by BoltSign
BoltSign may terminate these Terms and your access to all or part of the Services, without notice, for any reason, including, without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms.
12.4 Effect of Termination
Upon termination of these Terms for any reason:
- Your access rights to the Services will terminate;
- You remain responsible for any fees accrued before termination;
- All provisions of these Terms which by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
13. Modifications to Terms
We may modify these Terms from time to time. If we make changes, we will provide notice, such as by sending an email, posting a notice on our website, or updating the date at the top of these Terms. Unless we state otherwise, modifications will be effective upon the posting of the modified Terms. If you continue to use the Services after the modifications have become effective, you are agreeing to be bound by the modified Terms.
If the modified Terms are not acceptable to you, your only recourse is to cease using the Services.
14. Governing Law
These Terms and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any choice or conflict of law provision or rule.
15. Dispute Resolution
15.1 Informal Resolution
Before filing a claim against BoltSign, you agree to try to resolve the dispute informally by contacting us. We'll try to resolve the dispute informally by contacting you through email.
15.2 Arbitration Agreement
You and BoltSign agree to resolve any claims relating to these Terms or the Services through final and binding arbitration, except as set forth below. The arbitration will be conducted by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration will be heard and determined by a single arbitrator. The arbitrator's decision will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it will not be disclosed beyond the arbitration proceedings, except as may be required by applicable law.
15.3 Exceptions to Arbitration
Either party may bring a lawsuit in the courts of San Francisco County, California solely for injunctive relief to stop unauthorized use or abuse of the Services or infringement of intellectual property rights without first engaging in the informal dispute resolution process or arbitration.
15.4 Class Action Waiver
You agree that any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted, and you are agreeing to give up the ability to participate in a class action.
16. Miscellaneous
16.1 Entire Agreement
These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference into these Terms, constitute the entire and exclusive agreement between you and BoltSign regarding the Services.
16.2 Severability
If any provision of these Terms is held invalid or unenforceable by a court of competent jurisdiction, such provision will be enforced to the maximum extent permissible, and the remaining provisions of the Terms will remain in effect.
16.3 Waiver
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
16.4 Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. We may freely assign or transfer these Terms without restriction.
17. Contact Us
If you have any questions about these Terms, please contact us:
Email: [email protected]
Postal Mail: BoltSign Legal Department
123 Tech Park Drive
San Francisco, CA 94107
United States