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Terms of Use

Last updated: May 1, 2023

1. Acceptance of Terms

These Terms of Use ("Terms") constitute a legally binding agreement between you and MyDocumentsAccount ("we," "our," or "us") governing your access to and use of our digital document signing platform and related services (collectively, the "Services").

By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use our Services.

We may modify these Terms at any time. We will provide notice of any material changes by posting the updated Terms on our website or through other communications. Your continued use of the Services after such changes constitutes your acceptance of the modified Terms.

2. Account Registration and Security

2.1 Account Creation

To use certain features of our Services, you must create an account. When registering for an account, you agree to provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

2.2 Account Security

You are responsible for:

  • Maintaining the confidentiality of your account credentials
  • Restricting access to your account
  • Ensuring that all activities under your account comply with these Terms

You must notify us immediately of any unauthorized access to or use of your account. We reserve the right to disable any user account at any time if, in our opinion, you have violated any provision of these Terms.

2.3 User Roles and Permissions

If you create an account on behalf of a company or other entity, you represent that you have the authority to bind that entity to these Terms. You are responsible for managing user roles and permissions within your organization's account and ensuring that all users comply with these Terms.

3. Service Description and Limitations

3.1 Service Description

MyDocumentsAccount provides a digital platform for creating, sending, signing, and managing electronic documents and signatures. Our Services include:

  • Electronic signature capabilities
  • Document management tools
  • Workflow automation features
  • API access (for eligible subscription plans)
  • Other related features and services

3.2 Service Limitations

Our Services are subject to certain limitations, including:

  • Document and storage limits based on your subscription plan
  • Restrictions on file types and sizes
  • API rate limits and usage restrictions
  • Limitations on the number of users and signers based on your subscription plan

We reserve the right to modify these limitations at any time.

3.3 Service Availability

We strive to ensure that our Services are available 24/7, but we do not guarantee uninterrupted access. We may temporarily suspend access to the Services for maintenance, updates, or other reasons. We will make reasonable efforts to provide advance notice of any planned downtime.

4. Subscription Plans and Payment

4.1 Subscription Plans

We offer various subscription plans with different features, limitations, and pricing. The specific features and limitations of each plan are described on our website. We reserve the right to modify our subscription plans and pricing at any time.

4.2 Free Trial

We may offer a free trial of our Services. At the end of the trial period, your account will automatically convert to a paid subscription unless you cancel before the trial ends. You may be required to provide payment information to start a free trial.

4.3 Payment Terms

By subscribing to a paid plan, you agree to pay all fees associated with your subscription. Fees are non-refundable except as required by law or as expressly stated in these Terms. You authorize us to charge your designated payment method for all fees incurred.

4.4 Billing Cycle

Subscription fees are billed in advance on a monthly or annual basis, depending on your selected billing cycle. Your subscription will automatically renew at the end of each billing cycle unless you cancel it before the renewal date.

4.5 Taxes

All fees are exclusive of taxes, which we will charge as applicable. You are responsible for paying all taxes associated with your use of the Services.

4.6 Changes to Fees

We may change our fees at any time. We will provide notice of any fee changes by posting the new fees on our website or by email. Continued use of the Services after a fee change constitutes your acceptance of the new fees.

5. User Conduct and Content

5.1 Acceptable Use

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

  • Use the Services in any way that violates any applicable law or regulation
  • Impersonate any person or entity or falsely state or misrepresent your affiliation with a person or entity
  • Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services
  • Attempt to gain unauthorized access to the Services, other accounts, or computer systems
  • Use the Services to transmit any material that is unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, or otherwise objectionable
  • Use the Services to transmit any unsolicited advertising or promotional materials
  • Interfere with the proper working of the Services or any activities conducted on the Services
  • Bypass any measures we may use to prevent or restrict access to the Services

5.2 User Content

"User Content" refers to any information, data, text, documents, or other materials that you upload, submit, or otherwise make available through the Services.

You retain all rights to your User Content. By uploading User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, and display such User Content solely for the purpose of providing the Services to you and as otherwise permitted by our Privacy Policy.

5.3 Content Responsibility

You are solely responsible for all User Content that you upload, submit, or otherwise make available through the Services. We do not claim ownership of your User Content and have no obligation to monitor User Content. However, we reserve the right to review, remove, or disable access to any User Content that we determine, in our sole discretion, violates these Terms or is otherwise objectionable.

6. Intellectual Property Rights

6.1 Our 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 MyDocumentsAccount, its licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

6.2 License to Use Services

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business purposes. This license does not include any resale or commercial use of the Services or any collection and use of any product listings, descriptions, or prices; any derivative use of the Services; or any use of data mining, robots, or similar data gathering and extraction tools.

6.3 Feedback

If you provide us with any feedback, suggestions, or ideas regarding the Services ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, disclose, distribute, modify, and otherwise exploit such Feedback for any purpose without restriction or compensation to you.

6.4 Trademarks

The MyDocumentsAccount name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of MyDocumentsAccount or its affiliates or licensors. You may not use such marks without our prior written permission.

7. Electronic Signatures and Documents

7.1 Legal Compliance

Our Services are designed to comply with electronic signature laws in many jurisdictions, including the U.S. Electronic Signatures in Global and National Commerce Act (ESIGN), the Uniform Electronic Transactions Act (UETA), and the European Union's eIDAS Regulation. However, you are responsible for ensuring that your use of electronic signatures complies with all applicable laws in your jurisdiction.

7.2 Consent to Electronic Signatures

By using our Services, you consent to the use of electronic signatures and agree that electronic signatures created through our Services are legally binding. You acknowledge that your electronic signature is the legal equivalent of your manual signature.

7.3 Document Retention

We will retain completed documents and associated audit trails in accordance with our data retention policies. However, you are responsible for downloading and retaining copies of your documents for your own records.

8. Third-Party Services and Links

8.1 Third-Party Services

Our Services may integrate with or allow access to third-party services, applications, or websites ("Third-Party Services"). These Third-Party Services are not under our control, and we are not responsible for their content, privacy policies, or practices. Your use of any Third-Party Services is subject to the terms and conditions governing those services.

8.2 Links to Other Websites

Our Services may contain links to third-party websites or resources. These links are provided for your convenience only. We have no control over the contents of those websites or resources, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.

9. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

MyDocumentsAccount, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT:

  • THE SERVICES WILL FUNCTION UNINTERRUPTED, SECURE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION
  • ANY ERRORS OR DEFECTS WILL BE CORRECTED
  • THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS
  • THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MyDocumentsAccount, ITS AFFILIATES, OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE SERVICES.

IN NO EVENT SHALL MyDocumentsAccount'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICES EXCEED THE AMOUNTS PAID BY YOU TO MyDocumentsAccount FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.

11. Indemnification

You agree to defend, indemnify, and hold harmless MyDocumentsAccount, 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
  • Your User Content
  • Your use of the Services
  • Your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right

12. Term and Termination

12.1 Term

These Terms will remain in full force and effect while you use the Services or maintain an account with us.

12.2 Termination by You

You may terminate your account at any time by following the instructions on our website or by contacting us. Termination of your account does not relieve you of any payment obligations incurred before termination.

12.3 Termination by Us

We may terminate or suspend your account and access to the Services immediately, without prior notice or liability, for any reason, including without limitation if you breach these Terms. Upon termination, your right to use the Services will immediately cease.

12.4 Effect of Termination

All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Upon termination, we may delete your account and all associated data after a reasonable period, as described in our Privacy Policy.

13. Governing Law and Dispute Resolution

13.1 Governing Law

These Terms and your use of the Services shall be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any choice or conflict of law provision or rule.

13.2 Dispute Resolution

Any dispute arising out of or relating to these Terms or the Services shall be resolved through the following steps:

  1. Informal Resolution: We encourage you to contact us first to seek an informal resolution of any dispute.
  2. Arbitration: If the dispute cannot be resolved informally, it shall be settled by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration shall take place in Delaware, and the arbitration proceedings shall be conducted in English. The decision of the arbitrator shall be final and binding.

13.3 Class Action Waiver

YOU AND MyDocumentsAccount AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

13.4 Exceptions

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

14. General Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire agreement between you and MyDocumentsAccount concerning your use of the Services.

14.2 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.

14.3 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable for any reason, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the relevant provision shall be deemed severed from these Terms, and the remaining provisions will continue in full force and effect.

14.4 Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. We may assign or transfer these Terms, in whole or in part, without restriction.

14.5 Notices

Any notices or other communications provided by us under these Terms will be given by posting to our website or by email to the address you provide to us. You agree to receive all communications from us electronically.

14.6 Force Majeure

We will not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemic, war, terrorism, riots, civil unrest, government action, labor disputes, or Internet service disruptions.

15. Contact Information

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

MyDocumentsAccount
1623 Central Ave
Cheyenne, WY 82001
Email: legal@MyDocumentsAccount.com
Phone: +1 (888) 254-4621

MyDocumentsAccount

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