1. Terms of Services
The Terms Of Services are updated and changes are made every now and then. Any changes if made the "last updated" date specified above will be revised matching to the date of change. The latest updated adaptation of these Terms will replace all previous versions. It is important that you know, hereby you agree that the continual use of our Services, after the changes to the Terms have been updated, will represent your approval of the revised Terms and acceptance.
1.1 Authorization for the Use of our Services:
Abiding by these Terms, you are granted a very non-exclusive, personal, non-transferable, limited license to use the services that we offer for personal use. You are not allowed to further distribute or resell these services. The terms and conditions set in these Terms, limit your right to use our services as a user. Apart from the pre-existing rights that you have and this license allowed to you, all rights, interest and titles to our Services are retained by us and our licensors.
All the services provided by us or our licensors are protected by almost all the intellectual property laws applicable, including the international treaties and the United States copyright law. Until and unless otherwise clearly mentioned in these Terms, you cannot authorize or permit any third party to:
- Disable or avoid any technological or security features or procedures of our Services
- Alter, disband, replicate, improve, translate, decompile, r create imitative works of or reverse engineer any of our Services.
- Lease, rent or transfer or share authority to access to any of our Services.
All rights are reserved by us, until specifically granted.
1.2 Access termination:
eSignly holds the right to terminate or modify the services being provided with or without any notice. The company is not liable to any third party or to you for any discontinuance or suspension of the services, price change or modification in the pricing policies or services that are being offered. Hereby you agree that eSignly in its sole discretion, could terminate your account and your access to the site without any prior notice to you at any point of time, for reasons like:.
- Actual or suspected breach of copyright
- Lack of any activity for over a period of 12 months
- Requested by government or other such law enforcement agencies
- If there is any attempt to outweigh the software protection features mainly meant to protect or limit the use of any content.
- Any actual or suspected violation of the Terms mentioned
- Material modification or discontinuance of the website or any service accessible on or through the Site
- Unanticipated operational complexities.
If it comes to the notice of the site that anyone has committed or attempted any activity of fraudulent nature with regard to eSignly, the activity would be termed as criminal offense and legal actions will be taken against the violator. For clarity purposes, any termination of an account for whatever reason, will lead to immediate termination of the licenses already granted, however the entire portions of the Terms will continue to even after the termination. This means, you will have to abide by the Terms even after the termination of the account.
1.3 Content and ownership:
While using the services, any content submitted or provided by you retains your ownership. The terms do not allow us any rights or license to us related to the use of the content except for the required rights for using the contents for providing the services to you.
Accessibility of the services:
Any equipment required to access our services will not be provided by us. The fees charged by the third parties in regards to any access and use of our services, for example the internet charges, will have to be borne by you. We have all the rights and thus are not liable to answer to any third party, if we decide to temporarily or permanently, discontinue or modify a part or whole of our services, without any intimation or liability. We hold all the rights to refuse or reject to post or remove post that you have already posted or have submitted for posting.
Approval for the services:
In order to enable the other parties to trust in the signed documents, it is important that you agree, to the ways and resources that we use to protect and safeguard the electronic signatures and records for the digital documents that you get signed through us. The main relation of the provisions here, are in regards to the Electronic Commerce Security Act of Illinois or any other laws from the state or the other states that permit or require the parties to go though and agree to procedures and the signature enforceability.
When using our services, it is important that you abide by all the applicable laws and policies. While going through the process of signing the eContacts, if it is not specifically allowed by the laws that are applicable or authorized clearly by eSignly in writing, you are not allowed to permit anyone else to:
- Duplicate, distribute, store, alter or resell any of the information; audiovisual, audio and visual works or any other content exiting on our Services (collectively, "Service Content") or assemble or accumulate any Service Content for some work or as a part of database.
- Use automated tools of any sort to Duplicate, distribute, store, alter or resell the service contents.
- Lease, rent or transfer or share authority to access to any of our Services
- Use the service content or the services for anything other than your personal use.
- Any attempt to outweigh the digital rights management, other security features or usage rules of our services.
- Use of the services that might overstrain, or threaten the availability, integrity or performance of the services provided by us.
- Modify or remove any of the proprietary notices on nay part of the service content or the services. the notices include everything like the trademark and the copyright notices
When you visit our site for our services, you may have to put down your information including some personal information in the form of registration. The collection of this information and the use of them are managed by our Privacy Policies, which are available for your reference, here.
2.1 Connecting to what we do:
You are not allowed to frame our services, to make it look like a part of any third party services, or any other such linking our services as part of another services or business or website is not allowed in absence of our written approval.
“eSignly,” the eSignly logo, and any other service or product name or slogan exhibited on the services that we offer are trademarks of our company, licensors and the suppliers and thus are not allowed to be copied, used or imitated in part or in whole without our prior written consent. You are not allowed to use any metatags or "hidden text" or any text as for that matter that might use the name of the company or “eSignly” or any other service name, trademark or product at any point of time without the prior permission in written from the company.
2.3 Warranties Disclaimer:
YOU USE OUR SERVICE CONTENT AND OUR SERVICES AT YOUR OWN RISK. WE, OUR LICENSORS AND SUPPLIERS CLEARLY DENY ALL WARRANTIES OF ANY KIND, WHETHER COMMUNICATED OR INDIRECTLY IMPLIED, TOGETHER WITH, HOWEVER NOT RESTRICTED TO THE IMPLIED WARRANTIES OF FITNESS, MERCHANTABILITY FOR A PARTICULAR TITLE, PURPOSE AND NON-VIOLATION. WE DO NOT PROMISE THE PRECISION, COMPREHENSIVENESS, OR EFFECTIVENESS OF THE SERVICES OR ANY SERVICE CONTENT, AND SO ANY RELIANCE ON THE SERVICES AND SERVICE CONTENT IS COMPLETELY AT YOUR OWN RISK. THE MATERIAL ACCESSED OR OBTAINED THROUGH OUR SERVICES IS DONE AT YOUR OWN RISK AND DISCRETION AND YOU ARE THE ONE WHO IS SOLELY ACCOUNTABLE FOR ANY HARM THAT COMES TO YOUR COMPUTER OR ANY LOSS OF DATA THAT YOU FACE, WHILE OR AFTER DOWNLOADING ANY MATERIAL THROUGH OUR SERVICES. NO INFORMATION OR GUIDANCE, WHETHER WRITTEN OR ORAL, THAT YOU OBTAINED FROM US OR FROM OR THROUGH OUR SERVICES WILL GENERATE ANY WARRANTY THAT IS NOT PARTICULARLY ACKNOWLEDGED IN THIS AGREEMENT. MANY STATES OFTEN FORBID A DISCLAIMER OF WARRANTIES AND YOU MIGHT HAVE SOME OTHER RIGHTS THAT MAY DIFFER FROM ONE STATE TO THE OTHER.
Rights that are not expressly granted herein are held by the company.
2.4 Limited Liability:
WE AND OUR LICENSORS AND SUPPLIERS ARE NOT LIABLE FOR ANY INDIRECT, DIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES TOGETHER WITH BUT NOT RESTRICTED TO, INDEMNITY FOR LOSS OF GOODWILL, PROFITS, DATA, USE, OR OTHER INSUBSTANTIAL LOSSES (EVEN THOUGH WE HAVE BEEN INFORMED OF THE CHANCES OF THESE DAMAGES), THAT WERE THE RESULT OF YOUR USE OF OUR SERVICES AND SERVICE CONTENT. SINCE SEVERAL STATES DO NOT CONSENT TO THE ELIMINATION OR LIMITATION OF LIABILITY FOR SUBSTANTIAL OR SECONDARY DAMAGES, THIS LIMITATION MAY POSSIBLY NOT CONCERN YOU.
2.5 Document Storage:
Please keep in mind that the documents that are completed, signed by all the parties, will be available for download from the server for 1 month only. Post 1 month, these signed and completed documents will be deleted from the server and won't be available for download thereafter.
3.1 Subscription Terms:
eSignly offers a range of subscription plans to its Signing Services, including, without limitation, named "Free", "Standard Plan", "Advance Plan”, and API plans. As an express condition of your use of and access to the Signing Service, you agree to pay all fees applicable to your subscription plan, any other fees for additional services you may purchase, and any applicable taxes in connection with your use of the Signing Service. To view the specific details of your Plan, including pricing information and the commencement date of your next renewal period, visit the eSignly Website, login at https://www.esignly.com and from the sidebar navigation select "My Profile", then "Plan", after logging in. eSignly will not, and will have no obligation to, collect, maintain, provide or analyze any further information relating to your Account(s), analyze such information in reports or provide information or reports once you (i) reach the maximum number of allowed limits, as specified in your Plan; or (ii) reach plan is expired, as specified in your Plan, whichever occurs first
3.2 Changes in Fees:
We may, or upon any notice required by applicable law, change the fees for the Signing Service at any time or require new fees or charges. Such changes will be effective immediately upon posting on Our Website; provided, however, that such fee changes will be effective only as to prospective Signing Service orders (including renewals) accepted by eSignly after the effective date of such change. Please be aware that any discounts applicable to previous subscriptions may not apply to renewed subscriptions.
3.3 Payment of Fees:
Your Plan, which may start as a Paid plan (described below), will renew automatically and continue month-to-month or year-to-year (as your opted) unless or until you cancel your Plan or we terminate it for a reason, in each case pursuant to the terms of this Agreement (see Section 3.6 (Account Cancellation) . You must cancel your Plan before it renews in order to avoid fees due under the next billing cycle. To view the specific details of your Plan, including the commencement date of your next renewal period, visit the eSignly Website, login at https://www.esignly.com and from the sidebar navigation select "My Profile", then "Plan", after logging in. We will bill the fees due under your Plan to the credit card you provide to us during registration (or to a different credit card if you change your payment information). You acknowledge that the amount billed for each renewal period may vary due to promotional offers, changes in your Plan, and changes in applicable taxes, and you authorize us to bill you the corresponding amounts. We reserve the right to deactivate your access to the Signing Service for failure to pay applicable fees as described in this Agreement. Unless otherwise stated, all fees are stated in U.S. Dollars.
3.4 Credit Card Payments:
All fees for your Plan will be billed to your credit card. You authorize the card issuer to pay any amounts described herein and in your Plan and authorize us (or a billing agent acting on our behalf) to continue charging all such amounts to your credit card account until you or we cancel or terminate your Plan as provided herein or these amounts are paid in full, whichever is later. You must provide current, complete and accurate billing and credit card information. You must promptly update all billing information (such as billing address, card number and expiration date) to keep your account current, complete and accurate, and you must promptly notify eSignly if your credit card is lost or stolen, or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your username or password). You authorize us to obtain updated or replacement expiration dates for your credit card in the event that the credit card you provided us expires. We reserve the right to charge any renewal card issued to you as a replacement. If payment is not received from your credit card issuer, you agree to pay all amounts due upon demand. You agree to pay all costs of collection, including attorney's fees and costs, on any outstanding balance. In certain instances, the issuer of your credit card may charge you a foreign transaction fee or related charges, which you will be responsible to pay. Please check with your bank and credit card issuer for details.
3.5 Payment Terms, Refunds, and Upgrade and Downgrade Terms:
1. The fees for your Plan are billed in advance, are non-refundable, and automatically renew on a monthly or annual basis, as specified in your Plan. No refunds or credits will be provided for partial months of the Signing Service, upgrades/downgrades, or for months unused with an open account.
2. If you downgrade your Plan level, your credit card will automatically be charged the new rate beginning with your next billing cycle. Downgrading your Plan may cause the loss of account content, features, or capacity. eSignly does not accept any liability for such loss.
3. If you upgrade your Plan level, your credit card will immediately be charged a new plan amount reflecting the increased rate, and you will be charged the full amount of the new rate beginning with your next billing cycle.
4. Any discounts applied to a previous subscription may not apply to a renewed subscription, including to any automatic renewals.
3.6 Account Cancellation:
1. Requests to cancel by e-mail or phone are not considered, and do not accomplish, cancellation.
2. If you cancel your Plan before the end of your current pre-paid period, you will not be charged again for your Plan beginning with the next billing cycle. If you cancel your Plan, you will lose all access, upon the expiration of your current pre-paid period, to the Signing Service and any data or information stored in your account. If you cancel your Plan middle of the duration you will immediately be downgraded to free plan and all premium access will be revoked as per the described plan.