Terms of Use and Privacy Policy

TERMS AND CONDITIONS FOR USE OF APOSTISIGN SUBSCRIPTION PLANS

1. AGREEMENT TO TERMS
By utilizing the digital scanning and signature services provided by ApostiSign ("Service") via our mobile app, website (ApostiSign.com), or an affiliate's webpage offering a subscription, you, the user ("You"), agree to adhere to these Terms and Conditions. This agreement encompasses your subscription plan, the ApostiSign.com Terms of Use, and all referenced policies and guidelines. Should these terms not reflect your agreement, you should abstain from using the Service. This document forms a legally binding contract between ApostiSign Ltd. ("ApostiSign," "we," "us") and yourself. We advise careful review and suggest retaining a copy for future reference.

2. MODIFICATION OF TERMS AND CONDITIONS
We have the authority to update these Terms at any moment, solely at our discretion, either by posting the updated terms on this website or by emailing you the changes if we have your email address. It's your responsibility to check this website periodically to stay informed about any changes. If you continue using the service for more than 10 days after we post or email you about these changes, it will be considered as your acceptance of the updated terms. We're not liable to you or any third party for changes to these Terms.

3. DEFINITIONS
Account: A unique account created by the customer to access our services, identified by a unique email address.

User: An individual associated with a unique email and username. Each user must be unique and cannot share access or identity with others.

Customer Data: Includes personal data and any other data about the customer, their personnel, or business clients provided to us or collected through our services.

Depositing Party: A user authorized to upload documents to our system for processing.

ApostiFile: Any document uploaded for processing, including contracts and records, regardless of length.

Trial: An offer to use our services for a specified period without charge, available once per customer or entity, with no charges if canceled within the trial period.

Hosted Services: Our services that include document scanning, online display, delivery certification, electronic signatures, and document storage, available via the internet.

Personal Data: Non-public personal information including identification and financial details, as well as any health-related information.

Process: Any operation performed on customer data, including collection, storage, retrieval, and destruction.

Certified: Refers to the certification process applied to PDF documents.

System: The combination of software, hardware, and network facilities used to provide our services.

Term: The duration these terms and conditions are in effect, as detailed in Section 11.

Transaction Data: Data related to document transactions, including history, image hash values, and information on document deletion, along with sender and recipient details.

4. SERVICE PROVISION
ApostiSign will deliver the services outlined. To access these services, customers must create an account and register. Users must be at least 18 years old to register and use the services. The service is intended for individual users, and resale is prohibited.

When using our services, customers acknowledge that ApostiSign is not involved in the content of any documents processed, nor does it guarantee the outcome of any transactions related to these documents. ApostiSign does not control document contents, which are the sole responsibility of the customer. While the service may include identity verification measures, ApostiSign does not guarantee their effectiveness and is not liable for any authentication failures.

Customers should note that not all agreements can be legally bound by electronic signatures due to certain legal exceptions and regulations. It's the customer's responsibility to comply with laws requiring disclosure and retention of records for transactions, including those that involve consumer rights and consents. ApostiSign is not responsible for ensuring compliance with these special requirements, and it falls to the customer to ensure all legal obligations are met for transactions processed through our service.

5. Detailed Responsibility for Content of Communications
Customers acknowledge their sole responsibility for the content transmitted through the hosted services, ensuring it adheres to legal and ethical standards. This includes a strict prohibition against the use of the service for unsolicited mass mailings, defined broadly to encompass various forms of unwanted communications, as outlined by laws including the U.S. CAN-SPAM Act.

The scope of responsibility extends to all forms of material, data, and communications submitted or processed, demanding that such content be free from defamatory, harassing, libelous, obscene, or threatening materials. Additionally, customers are obligated to respect intellectual property rights and privacy, avoiding actions that infringe upon such rights or could otherwise lead to legal liabilities beyond the contractual scope under the processed ApostiFiles.

Usage of the service must not disrupt, damage, or impair the system's functionality or encroach upon others' enjoyment of the service. Engaging in activities that promote or constitute criminal offenses is explicitly forbidden.

ApostiSign reserves the right, though not the obligation, to review content to ensure compliance with these terms. The service may be suspended or content removed if ApostiSign identifies concerns regarding the use or content, with efforts made to notify the customer of such actions whenever feasible. This proactive approach underscores ApostiSign's commitment to maintaining a secure and lawful service environment, emphasizing the importance of customer diligence in adhering to these guidelines to foster a responsible and compliant user community.

6. Pricing, Subscription, and Usage Policies
The cost, capabilities, and options of our hosted services are determined by the selected Subscription Plan. Customers can also opt for additional services on a periodic basis, with the understanding that ApostiSign can modify the terms, prices, and features of any Subscription Plan without prior notice.

Subscription Plans include the provision for a reasonable amount of file certifications or eSignature uses. Should ApostiSign deem the usage excessive or burdensome, we will engage with the customer to review their usage and discuss necessary actions, which might include adjusting the Subscription Plan to a more appropriate tier without notice, based on ApostiSign’s assessment.

Misrepresentation of eligibility for a plan obligates the customer to compensate the difference based on the correct plan pricing. ApostiSign reserves the right to discontinue or change Subscription Plans, potentially migrating accounts to similar plans with prior notice, even if the new plan has different fees. Customers agree to the billing of the new plan fees to their credit card, acknowledging potential cost differences from the initial agreement.

7. CUSTOMER SUPPORT
ApostiSign will provide customer support to customer by email at service@apostisign.com.

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8.  STORAGE Policy
ApostiSign commits to storing your documents as outlined in your chosen Subscription Plan. As a customer in good financial standing, you are entitled to access, retrieve, and externally store copies of your ApostiFiles at any time within your subscription period. Additionally, you have the discretion to delete ApostiFiles from the system whenever you choose.

In cases where a file remains incomplete at the time of your Subscription Plan's expiration, ApostiSign may remove it from the system immediately without prior notice, underlining our policy to manage storage efficiently. While we assume no responsibility for issues arising from the failure or inability to sign a document in a timely manner, we ensure the permanent retention of Transaction Data associated with your ApostiFiles, safeguarding your transaction history for future reference.

9. FEES AND PAYMENT TERMS
Upon selecting a Subscription Plan through ApostiSign’s platform, you are required to provide valid and current credit card information from a card for which you have authorization. It is imperative to keep us informed of any changes in your credit card details or billing address. By registering, you grant ApostiSign the authority to charge your card for subscription fees, taxes, and any additional costs arising from your use of the service. This authorization continues with each use of our services, but you may cancel your account and end this authorization as outlined in our termination policy.

We issue invoices for all charges related to your use of the hosted services, which may include third-party fees. Payments are due upon receipt of an invoice, with adjustments and prorations applied as necessary for billing cycles that do not align perfectly with calendar months. Charges may be accumulated and charged at the end of the billing cycle, and authorization from your credit card issuer may be delayed until these charges are processed.

Failure to receive payment due to issues with your credit card provider will result in a demand for payment. ApostiSign retains the right to correct billing errors even after payment has been requested or received.

The terms of your credit card agreement govern its use with our services, and you are responsible for all fees charged by your card issuer, bank, or financial institution. Discrepancies in billing must be reported within 25 days, beyond which you waive the right to dispute.

Prices and the nature of the hosted services or subscription plans are subject to change. You may cancel your subscription in response to these changes, with notification of changes provided through email, upon login, or on our website. Your financial obligations continue until the end of the current billing cycle, even if you terminate the service.

10. TERM AND TERMINATION
The term of these Terms and Conditions for each Account begins on the date you register for an Account and ends when that Account is terminated (the “Term”).  Your account will be terminated if you are not on any payed subscription and have not logged to the account for the number of days specified on the ApostiSign site or Hosted Services. 

11. CUSTOMER WARRANTIES
You affirm to ApostiSign that: (a) you possess the necessary rights and authority to utilize the services and confer all rights outlined herein; (b) fulfilling your commitments won't infringe on any agreements, including confidentiality pacts with third parties; (c) you'll use the services legally and according to these terms; (d) you're accountable for any service use under your account; (e) you must keep your account credentials confidential; (f) you'll promptly report any unauthorized account activity; (g) ApostiSign isn't liable for losses from third-party account use, with or without your consent; (h) you won't misuse the services in a way that harms the system or disrupts others' use; (i) your provided information is truthful and accurate; and (j) you won't attempt unauthorized access to ApostiSign systems or networks.

12. APOSTISIGN WARRANTIES
ApostiSign guarantees that its hosted services will respect intellectual property rights within the United States and adhere to descriptions on its website. Any software provided will not contain malicious elements. ApostiSign ensures compliance with the Electronic Signatures in Global and National Commerce Act (ESIGN Act, 15 U.S.C. §§ 7001 et seq.), stating that using its services correctly for both non-consumer and consumer ApostiFiles will meet legal validity under the act. Adequate adherence to specific consumer-related requirements, as outlined, is necessary for consumer-involved. Furthermore, ApostiSign maintains robust information security protocols to safeguard personal data against unauthorized access and threats, aligning with the mandates of the Gramm-Leach-Bliley Act.

13. DISCLAIMER OF WARRANTIES

EXCEPT FOR THE WARRANTIES EXPRESSLY PROVIDED IN SECTION 14 OF THESE TERMS AND CONDITIONS, THE HOSTED SERVICES AND THE SITE ARE PROVIDED “AS IS.”  APOSTISIGN MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHETHER EXPRESS, IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW), OR STATUTORY, AS TO ANY MATTER WHATSOEVER.  APOSTISIGN EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, AND TITLE.  APOSTISIGN DOES NOT WARRANT THAT THE HOSTED SERVICES OR SITE ARE OR WILL BE ERROR-FREE, WILL MEET CUSTOMER’S REQUIREMENTS, OR BE TIMELY OR SECURE.  CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM THE USE OF THE HOSTED SERVICES AND SITE.  CUSTOMER WILL NOT HAVE THE RIGHT TO MAKE OR PASS ON ANY REPRESENTATION OR WARRANTY ON BEHALF OF APOSTISIGN TO ANY THIRD PARTY.  USE OF THE HOSTED SERVICES AND SITE ARE AT YOUR SOLE RISK.  YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU RESULTING FROM THE USE OF THE HOSTED SERVICES OR SITE.

Because some states and jurisdictions do not allow limitations on implied warranties, the above limitation may not apply to you.  In that event, such warranties are limited to the minimum warranty period allowed by the applicable law.

14. CUSTOMER INDEMNIFICATION OBLIGATIONS
You will defend, indemnify, and hold us, our affiliates, officers, directors, employees, suppliers, consultants, and agents harmless from any and all third party claims, liability, damages, and costs (including, but not limited to, attorneys' fees) arising from or related to: (a) your use of the Hosted Services; (b) your violation of these Terms and Conditions; (c) your infringement, or infringement by any other user of your Account, of any intellectual property or other right of any person or entity; or (d) the nature and content of all materials, works, data, statements, and other visual, graphical, written, or audible communications of any nature submitted by any Authorized User of your Account or otherwise Processed through your Account.

15. LIMITATIONS OF LIABILITY
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS AND CONDITIONS, APOSTISIGN WILL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO CUSTOMER FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO THE TRANSACTIONS CONTEMPLATED UNDER THESE TERMS AND CONDITIONS, INCLUDING BUT NOT LIMITED TO LOST PROFITS OR LOSS OF BUSINESS, EVEN IF APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING.  UNDER NO CIRCUMSTANCES WILL APOSTISIGN'S TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS OR CUSTOMER’S USE OF THE HOSTED SERVICES (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER TO APOSTISIGN UNDER THESE TERMS AND CONDITIONS DURING THE 3 MONTHS PRECEDING THE DATE OF THE ACTION OR CLAIM.  EACH PROVISION OF THESE TERMS AND CONDITIONS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES REPRESENTS AN AGREED ALLOCATION OF THE RISKS OF THESE TERMS AND CONDITIONS BETWEEN THE PARTIES.  THIS ALLOCATION IS REFLECTED IN THE PRICING OFFERED BY APOSTISIGN TO CUSTOMER AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES.  EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS AND CONDITIONS, AND EACH OF THESE PROVISIONS WILL APPLY EVEN IF THE WARRANTIES IN THESE TERMS AND CONDITIONS HAVE FAILED OF THEIR ESSENTIAL PURPOSE.  Because some states and jurisdictions do not allow limitation of liability in certain instances, portions of the above limitation may not apply to you.

16. CONFIDENTIALITY
"Confidential Information" encompasses ApostiSign's trade secrets and technical, business, or other information shared with the Customer. Exclusions apply to information previously known to the Customer, independently developed, lawfully acquired from another source, or that becomes publicly known through no fault of the Customer. The Customer agrees to use this information solely for its intended purpose, not disclose it to third parties, and protect it as diligently as their own confidential data. If legal disclosure is necessary, ApostiSign must be promptly notified to seek protective orders. All received Confidential Information remains ApostiSign's property, with no rights conferred to the Customer. Unauthorized disclosure could lead to irreparable harm, entitling ApostiSign to injunctive relief and other legal remedies. The burden of proving information's non-confidentiality rests with the Customer without ApostiSign's written consent.

17. PRIVACY
ApostiSign's privacy policy, available on its website, outlines how it handles the personal information of authorized users collected through the website, detailing the principles and practices for information collection and usage.

18. ACCESS LIMITS
Your use of the Site is at all times governed by our website Term of Use. 

19. INTELLECTUAL PROPERTY
ApostiSign retains ownership over its intellectual property and technology rights related to its services, including patents, copyrights, trade secrets, and trademarks. Customers and authorized users are granted no rights beyond those explicitly stated in the terms. ApostiSign's intellectual property remains exclusively with ApostiSign. Customers are prohibited from attempting to reverse engineer or derive trade secrets from ApostiSign’s technology. Customer-provided data remains owned by the customer. ApostiSign grants a limited, revocable, non-exclusive, and non-transferable license to use its trademarks for identifying its products and services only.

20. FEEDBACK
When you provide feedback to ApostiSign, you grant them a perpetual, irrevocable, royalty-free license to use your feedback in any way without compensation. Additionally, you agree not to share this feedback on other websites or forums without ApostiSign's written permission.

21. GENERAL
The customer acknowledges their obligation to comply with U.S. export control laws when using the Hosted Services and affirms they are not from a sanctioned country nor a prohibited user. They commit to not exporting or transferring any controlled items or data outside the U.S. without adhering to all relevant export laws and regulations. The customer must inform ApostiSign if their use of the Hosted Services necessitates ApostiSign to acquire additional governmental licenses, permits, or approvals. In response, ApostiSign may choose to either terminate the customer's account, secure the required authorizations, or alter the terms to eliminate the need for such licenses, at its discretion. Access to the Hosted Services is provided over the internet. It is the customer's responsibility to ensure they have the necessary equipment and internet connection to use the services. To fully benefit from the Hosted Services, customers must meet specific hardware and software requirements, detailed in the Specifications.

ApostiSign operates as an independent contractor under these terms, not as the customer's agent. This relationship does not create a partnership, joint venture, or any liability between the parties. It doesn't restrict service provision to third parties nor grants third-party rights. Customers cannot claim to represent ApostiSign without explicit authorization. The customer cannot transfer their rights or obligations under these terms without ApostiSign's written approval. If ApostiSign agrees, the terms will also apply to the customer's successors. Unauthorized transfers are invalid. ApostiSign can assign its rights and may use subcontractors without waiving its responsibilities, remaining the primary contact for the customer. Our site may include or offer links to external websites and resources, which are outside our control. We do not endorse and are not responsible for the content, products, or services on these external sites. Your interactions with any external advertisers or partners found through our site, including any transactions or agreements, are solely between you and the respective entity. ApostiSign is not liable for any loss or damage arising from your dealings with these third-party sites or their presence on our platform. Notices under these terms must be written and can be sent via various methods including the Hosted Services' certified delivery, email, certified mail, or courier, all requiring return receipt.

They should be directed to the address in the customer's registration or ApostiSign's address on their site. Address changes for notices must be communicated as specified. Notices are considered received immediately if sent through the Hosted Services or email, within two days if mailed, or one day if sent by courier. In circumstances where a delay or failure to perform obligations under the terms arises due to reasons beyond a party's control, that party won't be deemed in breach provided they make all reasonable commercial efforts to mitigate such issues. These terms are governed by Washington State laws, with any disputes resolved through arbitration in King County, following the American Arbitration Association's rules. Arbitration is individual and the outcome is final, except for interim court relief to protect rights or property. Consent is given to the jurisdiction of King County, Washington courts, with a two-year limit to initiate legal actions related to these terms. When one party chooses not to act on a breach of any term, it doesn’t imply that future breaches will be ignored or that the term is waived forever. Insisting on strict adherence in the future remains their right. Should any part of these terms be deemed unenforceable or invalid, the rest still stands. Specifically, if any license provided under these terms is invalidated, it terminates immediately.

This ensures the integrity of the agreement while accommodating legal and enforceable standards. Amendments to these Terms and Conditions require written agreement from both parties, except as specified in Section 2. If a change significantly impacts your rights or service use, you may terminate the agreement within 25 days of notification without a cancellation fee. These Terms and Conditions represent the complete agreement on this service and override all prior discussions, ensuring clarity and mutual understanding of the service agreement..