Terms of Service

The Service is built for business use. To open an account you must be at least 18 years old, act on behalf of a company or other organization (including a sole proprietorship), and have the authority to bind that organization to these Terms. When an individual accepts these Terms on behalf of an organization, “you” means that organization, and the individual represents that they have that authority.

Signers do not open accounts and are not parties to these Terms. Their use of a signing link is governed by the sending relationship with you and by our Electronic Record and Signature Disclosure, which each Signer accepts before signing.

You must give us accurate account information — your name, a working email address, and your company details — and keep it current. You are responsible for everything done through your account and through the accounts of team members you add. Keep your credentials secret; do not share a login between people. If you believe an account has been compromised, tell us promptly at e-sign@freedocusignature.com and change the password.

If your plan includes multiple seats, each seat is for one named person in your organization. You are responsible for your team members’ compliance with these Terms, and for removing access when someone leaves.

The Service transmits, presents, and stores documents you create, collects signatures and field data from the Signers you designate, assembles executed copies, and keeps evidence records about the process. That is the whole job. In particular:

• We are not a party to any agreement signed through the Service. The contract formed (if any) is between you and your Signers. We take no position on, and no responsibility for, its content, validity, or performance.
• We do not provide legal advice. Nothing in the Service — including templates, field defaults, reminders, or this page — is advice about whether a document is enforceable, sufficient, or suitable for your purpose.
• You are responsible for your documents. You alone decide what to send, to whom, and whether you have the right to do so. Documents must comply with applicable law and with our Acceptable Use Policy.

The Service also automates parts of the process on your behalf: it can send reminder emails to Signers who have not yet signed (at most 3, one every 3 days), apply expiry windows after which an unsigned envelope lapses, and let you void or rotate a signing link at any time before completion. Client portal links, where you use them, are short-lived and single-use. You configure and are responsible for how these features are used toward your Signers and clients.

We may improve, add, or adjust features of the Service over time. If we remove or materially degrade a capability you depend on, we will give reasonable notice where practical. We aim to keep the Service available continuously but do not promise uninterrupted operation: maintenance, upstream provider outages, and defects happen. If the Service is down when a document must be signed, your remedy is patience or paper — plan accordingly for time-critical signings.

The Service is designed to support signatures that qualify as electronic signatures under the U.S. Electronic Signatures in Global and National Commerce Act (ESIGN), the Uniform Electronic Transactions Act (UETA) as adopted by U.S. states, and similar laws elsewhere: each Signer is identified by possession of a unique emailed link, is shown the document, affirmatively consents to sign electronically via a checkbox, and adopts a signature that is recorded with the evidence described in Section 6.

Whether an electronic signature is valid and enforceable for a particular document, in a particular jurisdiction, is a legal question we cannot answer for you. Many document types are commonly excluded from electronic-signature laws or subject to special formalities — for example wills, codicils and testamentary trusts, certain family-law documents (adoption, divorce), court orders and official court filings, notices of default, repossession, foreclosure or eviction, cancellation of utility services or of health or life insurance, product recalls affecting health or safety, and documents required to accompany hazardous materials. You are responsible for determining, with your own counsel if needed, that electronic signing is appropriate for each document you send.

“Customer Content” means the documents you upload, the templates and fields you create, the contact records you store, and the signatures and field data your Signers provide. As between you and us, you own Customer Content. We claim no ownership of it.

You grant us a limited, non-exclusive, worldwide license to host, copy, transmit, display, and process Customer Content solely as needed to operate the Service: to store your documents, render them to Signers, apply signatures and completion stamps, generate executed copies and Certificates of Completion, send the emails the Service exists to send, keep backups, and maintain the evidence records described below. This license ends when the content is deleted from the Service, except for copies in routine backups (which age out) and records we must keep by law.

You represent that you have the rights needed to upload and send your Customer Content, including any personal data of Signers and contacts it contains, and that doing so through the Service is lawful in the relevant jurisdictions.

The Service itself — its software, design, and name — remains ours; these Terms give you a right to use it, not a license to copy or resell it. If you send us suggestions or feedback about the Service, we may use them freely without obligation to you; do not send feedback you consider confidential.

The evidentiary value of an electronic signature depends on the record around it, so the Service keeps one deliberately. For each envelope we record events with server timestamps, the network (IP) address and user agent/device details of the participant, the timezone, locale, and screen details reported by the Signer’s browser, and SHA-256 hashes of the documents at each stage. The audit log is append-only: entries are added, never edited or removed. Executed copies carry a Certificate of Completion and per-page stamps bearing the envelope ID, the document’s SHA-256 hash, and the execution time.

Signers are told before signing that this evidence is collected; the consent checkbox and the E-sign Disclosure cover it. Evidence records for an executed agreement are retained alongside the agreement for as long as your account keeps the agreement, because an audit trail separated from its document — or trimmed after the fact — is worth little. See the Privacy Policy for how this data is handled.

The Service is currently free during early access. We may later introduce a monthly per-company subscription. If we do, we will give existing accounts at least 30 days’ advance notice before any charge applies, and the price will be shown at signup for new accounts. Continuing to use paid features after the notice period means you accept the fees; you may instead close your account and export your data as described in Section 9.

When billing is enabled, payments are processed by Square. Your card details go to Square, not to our servers; we store only transaction records. Fees are exclusive of taxes; you are responsible for any sales, use, or similar taxes that apply, excluding taxes on our income. Subscriptions renew monthly until cancelled. You can cancel at any time, effective at the end of the current billing period; we do not prorate or refund partial months, except where the law requires otherwise or we choose to in fairness.

If a charge fails, we will let you know and retry. If it remains unpaid after reasonable notice, we may suspend paid features until the balance is settled.

These Terms apply from the day you first use the Service until your account is closed. Either party may end the relationship: you may close your account at any time, and we may terminate or suspend your account on notice for a material violation of these Terms or the Acceptable Use Policy, for non-payment after notice, if required by law, or if we discontinue the Service (in which case we will give as much notice as we reasonably can).

When an account closes — by your choice or ours — you will have a period of at least 30 days to export your documents, executed agreements, and their Certificates of Completion, unless the law or a serious abuse situation prevents us from providing it. After the export window, we delete account data on the schedule described in the Privacy Policy. Sections of these Terms that by their nature should survive termination — including Sections 5 (license for retained records), 6, 11, 12, 13, and 15 — survive it.

Suspension is our narrower tool: we may temporarily suspend sending, or specific envelopes or links, where we reasonably believe there is abuse, a security problem, or a legal obligation, and we will restore access when the issue is resolved.

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DOCUMENT SIGNED THROUGH THE SERVICE WILL BE VALID, ENFORCEABLE, OR ADMISSIBLE IN ANY PARTICULAR PROCEEDING OR JURISDICTION.

We build the Service to produce strong evidence, and we describe honestly what it records. But legal effect depends on facts and law outside our control, and we make no warranty about it. Some jurisdictions do not allow certain disclaimers; where that is the case, the above applies to the maximum extent permitted.

TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, OR DATA, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE FEES YOU PAID US FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR US $100 IF YOU HAVE PAID NO FEES. These limits do not apply to your payment obligations, to either party’s indemnification obligations, or to liability that cannot be limited by law. They reflect the bargain of a low-cost service: the price does not include insuring the value of the agreements signed through it.

Assignment

You may not assign these Terms without our written consent, except to a successor in a merger or sale of substantially all your assets, with notice to us. We may assign these Terms in connection with a merger, reorganization, or sale of the Service.

Severability and waiver

If a provision of these Terms is held unenforceable, it will be limited or removed to the minimum extent necessary, and the rest remains in effect. A failure to enforce a provision is not a waiver of it.

Entire agreement

These Terms, together with the Acceptable Use Policy, the Privacy Policy, the Cookie Policy, and any order or plan page you accept at signup, are the entire agreement between you and us about the Service, and replace any earlier discussions.

Force majeure

Neither party is liable for delay or failure caused by events beyond its reasonable control — including outages of upstream providers, natural disasters, war, labor disputes, or acts of government — except for payment obligations already accrued.

Notices

We send notices to your account email address; keep it current. You send notices to us at e-sign@freedocusignature.com. Notices are effective when sent to the correct address.

Relationship

We are independent contractors. These Terms create no partnership, agency, or joint venture, and no third party (including Signers) acquires rights under them.