Last updated on December 11th, 2024
Please read these Terms and Conditions (“Terms”) carefully before using the signatureapi.com website (the “Site”), integrations and/or API (collectively, the “Service”) operated by Signature API, Inc. (“Company,” “us,” “we,” or “our”).
The party agreeing to these Terms and/or paying to use the Service is known as “you” or “user.”
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms then you do not have permission to access the Service.
The Service operates as a platform facilitating electronic signatures. It allows users to upload documents, collectively termed an “Envelope,” for electronic signing. The Service also provides template legal documents and forms (“Provided Documents”).
“Envelope Data” is all data pertaining to an Envelope, including details of the electronic signature transactions, and includes IP addresses, signers’ email addresses, names of signers, timestamps, and other metadata. An “Envelope Deliverable” is the final output of the Service containing the signed documents and transaction details.
Company is not responsible for determining whether any legal instrument is (i) subject to an exception to applicable electronic signature laws; or (ii) whether an agreement can be legally formed by electronic signatures.
Some laws (for example, Consumer protection laws) or regulations may impose specific requirements for electronic transactions involving certain groups of people. You are solely responsible for ensuring your transaction and related signature comply with all such laws/regulations, and Company has no obligations to make such determination or assist with fulfilling any requirements related thereto.
It is your responsibility to make sure that laws of the state and/or country which govern your legal instruments and agreements deem electronic signatures admissible, valid, and enforceable.
By using the Service, you hereby give your consent to executing agreements, contracts and other legal instruments using electronic signatures.
Nothing in these Terms may be construed to make Company a party to any agreements or transactions between you and any third party, and Company makes no representation or warranty regarding the transactions sought to be affected by any such documents.
Between Company and any user, the user has exclusive control over and responsibility for the content, quality, and format of any Envelope and their related documents.
When using the Service’s Custom Authentication feature, you agree that SignatureAPI does not verify or validate the authentication metadata you provide. You are solely responsible for authenticating the identity of recipients and for maintaining all related records, including but not limited to session identifiers, timestamps, and other metadata required to substantiate recipient identity.
You agree to retain all authentication-related records in compliance with applicable laws and regulations. This includes any metadata you provide to the Service as part of the Custom Authentication process. SignatureAPI does not assume responsibility for storing or maintaining these records on your behalf.
By using the Custom Authentication feature, you release SignatureAPI from any liability, claims, damages, or losses arising from:
Metadata provided as part of Custom Authentication will be included in the audit log verbatim, with the accompanying notice: “As provided by the initiator of the electronic signature transaction.” This notice reflects that SignatureAPI has not verified the provided information. You acknowledge and agree that this notice provides sufficient disclosure regarding the source and reliability of the metadata included in the audit log.
Some parts of the Service are billed on a subscription basis (“Subscription(s)”). Your Subscription includes a certain allotment of credits per billing period. You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing Cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription. The Subscription fee covers the base number of credits; any usage exceeding this allotment during the Billing Cycle will incur additional charges at the overage rate specified on our pricing page. Bills may also include extra services requested by you, if any.
At the end of each Billing Cycle, your Subscription will automatically renew under the then-current version of these Terms and the then-current pricing unless you cancel it or we cancel it. You may cancel your Subscription renewal either through your online account management page or by contacting our customer support team at support@signatureapi.com.
A valid payment method is required to process the payment for your Subscription. You shall provide us and/or our billing service provider (such as Stripe) with accurate and complete billing information including full name, address, state, zip code, telephone number, and valid payment method information. By submitting such payment method information, you automatically authorize us to charge all Subscription fees incurred through your account, as well as any additional charges for overage credits or extra services, to any such payment instruments.
Should automatic billing fail to occur for any reason, we will issue an electronic invoice indicating that you must proceed manually, by a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice. Failure to pay by the deadline may lead to the Service/Subscription being interrupted or terminated.
You may retrieve Envelope Data and Envelope Deliverables via the Service at any time during the Subscription Term when you are in good financial standing under these Terms. You are responsible for backup (i.e., making copies stored off our Service) of Envelope Deliverables.
You may delete Envelope Data and Envelope Deliverables from the Service at your own discretion. You are responsible for retrieving Envelope Deliverables and storing them outside the Service before requesting the deletion of an Envelope and related Envelope Data and Envelope Deliverables.
Company may, at its sole discretion, delete incompleteEnvelopes and related Envelope Data from the Service immediately and without notice at any time starting on the 365th day since the Envelope's creation or upon expiration of the Subscription Term, whichever occurs first. Company assumes no liability or responsibility for anyone’s failure or inability to electronically sign any Envelope within such a period.
Company may delete an account and associated data, including without limitation data of complete and uncomplete Envelopes, Envelope Data, and Envelope Deliverables, upon the expiration of the Subscription Term or upon termination of a Subscription.
Company may retain Envelope Data and Envelope Deliverables for as long as it has a business purpose (which if required under applicable law, is covered by a legal basis) to do so.
You are responsible for knowing how long documents must be retained for legal reasons, and to assure that you retain copies for that period either on our Service or offline. You are strongly encouraged to maintain copies of signed documents off our Service, in case our Service is shut down or otherwise inaccessible to you in future. Information Security And Personal Data
Company will employ commercially reasonable technical and organizational measures designed to prevent unlawful or unauthorized access, use, alteration, or disclosure of User Data. However, you understand and agree that such reasonable measures may not prevent data breaches and that Company is not responsible for the results of such breaches.
We, in our sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
We will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Certain refund requests for Subscriptions may be considered by us on a case-by-case basis and granted in our sole discretion.
Accounts
When you create an account with us, you guarantee that you are at or above the age of 18, and that the information you provide us is accurate, complete, and current at all times that we provide you with Service. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You also agree that all users of the Service via your account (e.g., document signers) must be at or above the age of 18. You understand that underage signers may not be legally considered bound by a signature (electronic or otherwise) on a legal document.
You are responsible for maintaining the confidentiality of your account, passwords and API keys, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account or password.
Abuse or excessively frequent requests to our Service may result in the temporary or permanent suspension of your account access to the Service. We, in our sole discretion, will determine abuse or excessive usage of the Service.
Your permission to use the Site and Service is conditioned upon the following restrictions and conditions.
You agree that you will not:
You understand that we use third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology to run the Service.
You agree that we can use your company name and/or logo for marketing purposes.
The Service and its original content, features and functionality, including Provided Documents, are and will remain the exclusive property of us or our licensors. The Service and content are protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.
Our Service may contain links to third party web sites or services that are not owned or controlled by us.
We have no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third- party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
You are solely responsible for properly canceling your account. You can cancel your account at any time by sending a request to our support email address: support@signatureapi.com. This is the only way of canceling the Service. You can cancel the account any time: however, you will be responsible for all payments arising from using the service until the end of full accounting month. In the next accounting month you will not be charged.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless Company and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of (a) your use and access of the Service and Provided Documents, by you or any person using your account and password, (b) a breach of these Terms, or (c) content you uploaded or shared on or through the Service.
In no event shall Company, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service, including Provided Documents; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
OUR TOTAL LIABILITY TO YOU FOR ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO SERVICE (INCLUDING WITHOUT LIMITATION WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL OR EQUITABLE THEORY, WILL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE SERVICE GIVING RISE TO THE CLAIM UNDER THESE TERMS DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE DATE OF THE FIRST EVENT GIVING RISE TO LIABILITY, OR $100, WHICHEVER IS GREATER.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
You are responsible for deciding which, if any, of the Provided Documents are suitable for your needs, for editing them as needed, and for having them reviewed by an attorney qualified in your jurisdiction. The Company is not responsible if any Provided Documents are not enforced or otherwise are unsuitable for your needs.
Company, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure, or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of Delaware, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
Company is not responsible for producing any of your documents for any third parties, absent a court order to that effect.
We are not responsible for any negative impact on you of producing any of your documents or other information in response to a court order or discovery request.
If we are required to participate in a legal proceeding to verify that a signature was made using the Service, or for any other reason connected with your use of the Service, you agree to cover the costs of our time, travel, and legal fees.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
If you have any questions about these Terms, please contact us at contact@signatureapi.com.