Terms of Service

Welcome to SecureSign Digital Signature Portal ("SecureSign", "we", "us", or "our"). These Terms of Service ("Terms") govern your access to and use of our digital signature services, including our website, applications, and related services (collectively, the "Service").

1. Acceptance of Terms

1.1 Agreement to Terms

By creating an account, accessing, or using the SecureSign Service, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy, which is incorporated herein by reference.

1.2 Modifications to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by:

• Posting the updated Terms on our website with a new "Last Updated" date
• Sending email notification to the address associated with your account
• Displaying a prominent notice within the Service

Your continued use of the Service after such modifications constitutes your acceptance of the updated Terms. If you do not agree to the modified Terms, you must discontinue use of the Service.

2. Eligibility and Account Registration

2.1 Age Requirement

You must be at least 18 years of age or the age of majority in your province or territory of residence to use the Service. By using the Service, you represent and warrant that you meet this age requirement.

2.2 Account Registration

To access certain features of the Service, you must register for an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security of your password and accept all risks of unauthorized access
• Immediately notify us of any unauthorized use of your account
• Be responsible for all activities that occur under your account

2.3 Account Types

SecureSign offers different account types (Free Trial, Standard, Business, Enterprise) with varying features, limits, and pricing. The specific features and limitations of your account type are described on our website and in your account dashboard.

3. Description of Service

3.1 Digital Signature Services

SecureSign provides an electronic signature platform that enables users to:

• Upload and manage PDF documents
• Place signature and initial fields on documents
• Send documents to multiple signers for electronic signatures
• Track the status of signature requests
• Store and retrieve signed documents
• Manage signature workflows with sequential signing capabilities

3.2 Legal Validity in Canada

Electronic signatures created through SecureSign are intended to comply with:

• Federal: Personal Information Protection and Electronic Documents Act (PIPEDA)
• Federal: Uniform Electronic Commerce Act (UECA) as adopted by provinces
• Provincial: Various provincial electronic commerce and signature legislation

Important: While electronic signatures are generally legally binding in Canada, certain documents may require traditional "wet ink" signatures or notarization. You are responsible for determining whether an electronic signature is appropriate for your specific use case.

4. User Obligations and Acceptable Use

4.1 Lawful Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:

• Violate any applicable federal, provincial, or local laws or regulations
• Infringe upon or violate our intellectual property rights or those of others
• Transmit any material that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
• Upload or transmit viruses, malware, or any other malicious code
• Attempt to gain unauthorized access to our systems or networks
• Interfere with or disrupt the Service or servers connected to the Service
• Use the Service to send unsolicited commercial communications (spam)
• Impersonate or attempt to impersonate SecureSign, our employees, another user, or any other person or entity

4.2 Document Responsibility

You are solely responsible for:

• The content of documents you upload to the Service
• Ensuring you have the right to upload and distribute documents
• Verifying the identity of recipients before sending documents for signature
• Determining the legal appropriateness of using electronic signatures for your documents
• Complying with all applicable record retention requirements
• Obtaining necessary consents from document recipients

4.3 Prohibited Content

You may not upload, share, or facilitate the signing of documents that:

• Violate any law, regulation, or court order
• Infringe on intellectual property rights
• Contain false, misleading, or fraudulent information
• Relate to illegal activities or transactions
• Contain malware, viruses, or harmful code
• Violate privacy rights or contain unauthorized personal information
• Are discriminatory, hateful, or promote violence

5. Intellectual Property Rights

5.1 SecureSign Intellectual Property

The Service, including its original content, features, and functionality, is owned by SecureSign and is protected by Canadian and international copyright, trademark, patent, trade secret, and other intellectual property laws.

5.2 Limited License

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your internal business or personal purposes.

5.3 User Content

You retain all ownership rights to documents and content you upload ("User Content"). By uploading User Content, you grant SecureSign a limited license to:

• Store, process, and transmit your User Content as necessary to provide the Service
• Display User Content to recipients you designate
• Create backups and derivative works necessary for Service operation

This license terminates when you delete your User Content or close your account, except for content you have shared with others or is required for legal compliance.

6. Privacy and Data Protection

6.1 Privacy Policy

Our collection, use, and disclosure of personal information is governed by our Privacy Policy, which complies with PIPEDA and applicable provincial privacy legislation. Please review our Privacy Policy to understand our practices.

6.2 Consent to Processing

By using the Service, you consent to the collection, use, and disclosure of your personal information as described in our Privacy Policy.

6.3 Data Location

Your data is primarily stored on servers located in Canada. If data is transferred outside Canada, we ensure appropriate safeguards are in place in accordance with PIPEDA requirements.

7. Payment Terms (For Paid Services)

7.1 Subscription Fees

If you subscribe to a paid plan, you agree to pay all applicable fees as described on our pricing page. All fees are in Canadian Dollars (CAD) unless otherwise stated.

7.2 Billing

• Billing Cycle: Subscription fees are billed in advance on a monthly or annual basis
• Payment Method: You must provide a valid payment method for paid services
• Automatic Renewal: Subscriptions automatically renew unless cancelled
• Price Changes: We will provide at least 30 days' notice of price increases

7.3 Taxes

Fees do not include applicable federal or provincial taxes (GST/HST/PST/QST). You are responsible for all applicable taxes, which will be calculated and charged based on your billing address.

7.4 Refund Policy

We offer a 30-day money-back guarantee for annual subscriptions. Monthly subscriptions are non-refundable except as required by law. Refunds are processed to the original payment method within 14 business days.

8. Trial Period

We may offer a free trial period. During the trial:

• You have access to specified features and limitations
• We may request payment information but will not charge until the trial ends
• You can cancel at any time during the trial without charge
• If not cancelled, your subscription will automatically begin and you will be charged
• Trial offers are limited to one per user/organization

9. Service Availability and Modifications

9.1 Service Availability

We strive to provide reliable service but do not guarantee uninterrupted or error-free operation. The Service may be unavailable due to:

• Scheduled maintenance (we will provide advance notice when possible)
• Emergency maintenance or repairs
• Circumstances beyond our reasonable control

9.2 Modifications to Service

We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time with or without notice. We will not be liable for any modification, suspension, or discontinuance of the Service.

10. Account Suspension and Termination

10.1 Termination by You

You may terminate your account at any time by:

• Using the account deletion feature in your account settings
• Contacting our support team

Upon termination, you will lose access to your account and all associated data.

10.2 Termination by Us

We may suspend or terminate your account immediately, without notice, if:

• You breach these Terms
• We are required to do so by law
• Your account has been inactive for more than 12 months
• We believe your account has been compromised
• You engage in fraudulent or illegal activity

10.3 Effect of Termination

Upon termination:

• Your right to use the Service immediately ceases
• You remain liable for all charges incurred before termination
• We will delete your data in accordance with our data retention policies
• You may request a copy of your data within 30 days of termination

11. Disclaimers and Limitations of Liability

11.1 "AS IS" Basis

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.

11.2 No Legal Advice

SecureSign does not provide legal advice. We do not warrant that electronic signatures created through our Service will be legally binding in your specific situation. You should consult with legal counsel regarding the legal validity and enforceability of electronic signatures for your particular use case.

11.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SECURESIGN SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• YOUR USE OR INABILITY TO USE THE SERVICE
• ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY PERSONAL INFORMATION STORED THEREIN
• ANY BUGS, VIRUSES, OR OTHER HARMFUL CODE TRANSMITTED TO OR THROUGH THE SERVICE
• ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE

11.4 Maximum Liability

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY, OR $100 CAD, WHICHEVER IS GREATER.

11.5 Provincial Variations

Some provinces do not allow the exclusion of certain warranties or the limitation of liability for incidental or consequential damages. In such provinces, our liability is limited to the greatest extent permitted by law.

12. Indemnification

You agree to indemnify, defend, and hold harmless SecureSign, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

• Your use or misuse of the Service
• Your breach of these Terms
• Your violation of any law or rights of any third party
• Your User Content

13. Dispute Resolution and Governing Law

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles.

13.2 Jurisdiction

You agree that any dispute arising from these Terms or the Service shall be subject to the exclusive jurisdiction of the courts located in Toronto, Ontario, Canada.

13.3 Informal Resolution

Before pursuing formal legal action, you agree to first contact us and attempt to resolve the dispute informally. We will make a good faith effort to resolve disputes amicably.

13.4 Arbitration (Optional)

If we cannot resolve a dispute informally, either party may elect to resolve the dispute through binding arbitration in accordance with the Arbitration Act of Ontario, conducted in Toronto, Ontario, in English.

14. General Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and SecureSign regarding the Service and supersede all prior agreements and understandings.

14.2 Severability

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

14.3 Waiver

Our failure to enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

14.4 Assignment

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

14.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

14.6 Language

These Terms are provided in English. If translated, the English version shall prevail in case of any inconsistency or discrepancy.

14.7 Survival

Provisions that by their nature should survive termination shall survive, including but not limited to: ownership provisions, warranty disclaimers, indemnification, and limitations of liability.

15. Electronic Communications

By using the Service, you consent to receiving electronic communications from us, including emails, notices, and other communications. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

16. Third-Party Links and Services

The Service may contain links to third-party websites or services that are not owned or controlled by SecureSign. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that we shall not be liable for any damages or losses caused by your use of such third-party websites or services.

17. Feedback and Suggestions

If you provide us with any feedback, suggestions, or ideas about the Service ("Feedback"), you grant us an unlimited, irrevocable, perpetual, sublicensable, transferable, royalty-free license to use such Feedback for any purpose without compensation or attribution to you.

18. Compliance with Laws

You are responsible for compliance with all applicable laws and regulations in connection with your use of the Service, including but not limited to:

• Anti-Spam Legislation (CASL - Canada's Anti-Spam Law)
• Privacy legislation (PIPEDA, provincial privacy laws)
• Electronic commerce and signature legislation
• Export control laws
• Anti-money laundering regulations