1. Acceptance of Terms

By accessing or using ProtoSign's services, you agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any part of these terms, you may not use our services. These terms constitute a legally binding agreement between you and ProtoSign, Inc.

2. Description of Service

ProtoSign provides an electronic signature platform that enables users to send, sign, and manage documents electronically. Our services include document preparation, electronic signature collection, document storage, API access, and related features as described on our website. We reserve the right to modify, suspend, or discontinue any aspect of our services at any time.

3. User Accounts and Registration

To access certain features, you must create an account. You agree to:

Provide accurate, current, and complete information during registration
Maintain and promptly update your account information
Maintain the security and confidentiality of your login credentials
Accept responsibility for all activities under your account
Notify us immediately of any unauthorized access or security breaches

We reserve the right to suspend or terminate accounts that violate these terms or for any other reason at our sole discretion.

4. Electronic Signatures - Legal Compliance

Electronic signatures created using ProtoSign are intended to be legally binding and enforceable. Our platform complies with:

The U.S. Electronic Signatures in Global and National Commerce Act (ESIGN Act)
The Uniform Electronic Transactions Act (UETA)
The European Union Electronic Identification and Trust Services (eIDAS) Regulation
Similar electronic signature laws in other jurisdictions

You acknowledge that electronic signatures may not be appropriate for all document types and that you are responsible for determining the legal validity of electronic signatures in your specific use case and jurisdiction. Certain documents (such as wills, family law documents, and court orders) may require handwritten signatures.

5. Subscription and Billing

Paid subscriptions are billed in advance on a monthly or annual basis. You agree to:

Pay all applicable fees for your subscription plan
Provide valid payment information and authorize recurring charges
Accept that fees are non-refundable except as required by law
Understand that failure to pay may result in service suspension

We may change our pricing with 30 days' notice. Continued use after price changes constitutes acceptance of the new pricing.

6. Intellectual Property Rights

ProtoSign and its licensors retain all intellectual property rights in the service, including software, design, trademarks, and content. You retain ownership of documents you upload. By using our service, you grant us a limited license to process, store, and transmit your documents as necessary to provide our services. This license terminates when you delete your content or close your account.

7. Prohibited Activities

You agree not to:

Use the service for any unlawful purpose or to facilitate illegal activities
Upload malicious code, viruses, or harmful content
Attempt to gain unauthorized access to our systems or other users' accounts
Interfere with or disrupt the integrity or performance of our services
Impersonate any person or entity or misrepresent your affiliation
Use our service to send spam, phishing attempts, or unsolicited communications
Forge signatures or create fraudulent documents
Violate any applicable laws or regulations

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PROTOSIGN SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES, ARISING FROM YOUR USE OF OUR SERVICES. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE MONTHS PRECEDING THE CLAIM. Some jurisdictions do not allow limitation of liability, so these limitations may not apply to you.

9. Indemnification

You agree to indemnify, defend, and hold harmless ProtoSign, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from your use of our services, your violation of these terms, or your violation of any rights of a third party.

10. Termination

You may terminate your account at any time through your account settings. We may terminate or suspend your access immediately, without prior notice, for any reason, including breach of these terms. Upon termination, your right to use the service ceases immediately. We may retain certain data as required by law or for legitimate business purposes.

11. Dispute Resolution

Any disputes arising from these terms or our services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in San Francisco, California. You agree to waive any right to a jury trial or to participate in a class action lawsuit. This arbitration agreement shall not apply where prohibited by law.

12. Changes 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 and updating the "Last updated" date. Your continued use of the service after changes become effective constitutes acceptance of the revised terms.

13. Contact Us

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

Email: support@protosign.net