These Terms of Service ("Terms") govern all use by you of the Sign4™ product and website located at http://www.sign4.co (the "Site") and the Sign4™ services, including the API (Application Program Interface) (collectively the "Services"). These Terms apply to all users of the Site and Services.
By using the Site or Services, you agree to these Terms.
The Site is operated by XPTech Ltd., a part of the XPGroup of companies (hereinafter referred to as "XPTech", "we", "us" and "our"). We are a company registered in the United Kingdom. Our registered office is at: EPS Industrial Estate, Appletree Rd, Chipping Warden, OX17 1LL, United Kingdom.
From time to time, we will change these Terms and Conditions (“The Terms”). When we change these Terms and Conditions, you can stay informed by viewing the revised Terms on the Site. We encourage you to check the Site for the most recent version of these Terms on a regular basis. All changes to these Terms will take effect on the Revision Date, shown in the revised Terms. By continuing to use our Site or Services, you agree to the Terms in effect at the time of use.
You must be at least 18 years old to use the Site or the Services.
Before the Site or Services can be used, a new account must be registered with us by completing the new account form available on the Site. By setting up an account you are agreeing to use the Sign4™ services responsibly. You can only register a new account once. The provision of free credits to a new account is at our discretion and we reserve the right, in our sole and absolute discretion, to decline any application for registration, and the issue of free credits with no explanation or reason. Registering more than one Sign4™ account on your behalf will be treated as an abuse of our service, and we reserve the right to suspend your access to the services.
You must ensure that any registration details you provide are accurate and check the details you provide in the online form. It is your responsibility to ensure that any details you provide us with are correct and complete, and for informing us of any changes to the information you have provided.
Your assigned username will be the e-mail address used to register the account and the password you submitted are together referred to as your "Credentials". You must keep your Credentials confidential and must not reveal them to anyone.
You are responsible for all activities performed under your Credentials. You must notify us immediately if you know of, or suspect, that anyone has obtained access to your Credentials, or if you otherwise become aware of any unauthorized use of your Credentials or another security breach.
We are entitled to treat any use of the Site under your Credentials as being by you, unless we have previously been notified by you that the confidentiality of your Credentials has been compromised,
We may disable access via your Credentials at any time if, in our opinion, this is reasonably necessary to preserve the security and proper operation of the Site or Services, if you have failed to comply with any of the provisions of these Terms or if any details you provide for the purposes of registering prove to be false.
It is your responsibility to ensure your computer system and any devices that you or your customers use to access the system or signature requests meet the necessary technical specifications to enable you to access and use the Site and Services and is compatible with the Site.
Access to the Site and Services is permitted on a temporary basis and we reserve the right to withdraw, modify or suspend the Site or Services without notice. We will not be liable to you or any third party for any unavailability, modification, suspension or withdrawal of the Site or Services, or any features, parts or content of the Site or Services at any time for any period. XPTech will make commercially reasonable efforts to ensure that the Sign4™ service is available and able to successfully process requests during at minimum 99% of each calendar year.
Content stored or processed by the Site or the Services may be protected by the intellectual property rights of others. Please do not copy, submit, upload, download or share files unless you have the right to do so. You will be fully responsible and liable for what you or anyone using your account copies, shares, uploads, downloads or otherwise uses while using the Site or Services.
XPTech will endeavour to ensure that User Content (as defined below) and data is not lost or corrupted, but we advise that you ensure that you back up all of your User Content and data.
You are responsible for your use of the Site and Services, and for any use of the Site or Services made using your account. Our goal is to create a positive and safe experience for all of our users. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to XPTech. When you use the Site or Services, you may not and agree that you will not:
XPTech will have the right to investigate and prosecute breaches of any of the above to the fullest extent of the law. XPTech may involve and cooperate with law enforcement authorities in prosecuting users who breach these Terms. You acknowledge that XPTech has no obligation to monitor your access to or use of the Site or Services or to review or edit any User Content, but has the right to do so for the purpose of operating the Site or Services, to ensure your compliance with these Terms, or to comply with the applicable law or the order or requirement of a court, administrative agency or other governmental body. XPTech reserves the right, at any time and without prior notice, to remove or disable access to any content that XPTech, at its sole discretion, considers as objectionable for any reason, in violation of these Terms or otherwise harmful to the Site or Services.
XPTech reserves the right to limit the traffic generated by one or more of the download links you have generated based solely on XPTech’s discretion. In such occurrences, access to content on these links may be restricted at the discretion of XPTech.
If the usage of the Service exceeds the storage quota of your account, XPTech will inform you. If you do not correct your overuse XPTech may, in its sole discretion and without further notice, remove files to from your account on a random basis.
Sign4™ is not designed to store documents but the nature of the service it provides means that documents that you submit must be stored and shared with those that you have determined will receive a signature request.
Once a signature request has been successfully completed Sign4™ will allow retrieval of the signed document for a fixed period of time, as displayed on the Recent Activity report. At the end of that period the signed document is permanently deleted and cannot be recovered from backup. You agree that you have no expectation of document recovery after this deletion.
Where a document is not signed Sign4™ will retain the document for a fixed period of time, also displayed in the Recent Activity report. At the end of that period the unsigned document is permanently deleted and cannot be recovered from backup. You agree that you have no expectation of document recovery after this deletion.
In these Terms, "User Content" shall be used to refer to all content and information that you store, upload, post or share using the Site or Services. These Terms don’t give us any rights to your "User Content" except for the limited rights that enable us to offer the Services. All User Content shall be owned by you or the person who made it available to you to store or upload via the Site or Services. In consideration of being provided with use of the Site and the Services made available pursuant to these Terms, you give XPTech permission to use your User Content as follows: you grant to XPTech and its affiliates a worldwide license to use, copy, perform or display your User Content in connection with providing you access to the Site and/or Services only. We may display advertisements in connection with your User Content or on pages where your User Content may be viewed by you or others. Where your User Content includes reviews, comments or feedback about the Site or Services, we may use those reviews, comments or feedback, to advertise and promote Sign4™, the Site or the Services. Our license to your User Content is non-exclusive, meaning you may use the User Content for your own purposes or let others use your User Content for their purposes. Our license to use your User Content as set out above is fully-paid and royalty free, meaning we do not owe you anything else in connection with our use of your User Content. We may exercise the rights you grant us anywhere in the world. Finally, our license is perpetual, meaning that our license lasts for an indefinite period of time.
You hereby undertake that:
Other than User Content, we own or license the content on the Site and Services, including software, text, visual and audio content (jointly referred to as "Content") and XPTech’s name, trademarks, logos, and brand elements (referred to as "Marks"). The Content and Marks are protected under U.S., EU, and international laws.
The Site and Services may contain features and functionalities that may link you or provide you with access to third-party content or services independent of Sign4™, including websites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. Your interactions with organizations and/or individuals found on or through the Site and Services are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any interaction with any of these third parties. You agree that XPTech shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings you have with third parties.
Disclaimer and Waiver of Liability In the event that you have a dispute with any other user of the Site or Services or with any third party whose content or services you have accessed through the Sites or Services, you hereby release XPTech, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes. If you are a resident of California, U.S.A., you waive California Civil Code Section 1542, which stipulates the following: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
Our Services are not free and are subject to a fee.
Sign4™ uses a credit system where one signature request equates directly to one credit. Users can purchase credits through the Buy Credits link on the dashboard. By purchasing credits, you authorize XPTech to charge your chosen payment method.
Sign4™ does not automatically renew credit levels and does not store credit card details.
Renewal Sign4™ does not auto-renew credits.
Sign4™ does not offer any lifetime subscriptions.
XPTech will not refund unused credits.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, including VAT, and you shall be responsible for payment of all such taxes, levies, duties or VAT, excluding only United States (federal or state) taxes.
If, for any reason, you are not satisfied with the Sign4™ services, you can delete your account at any time.
XPTech enhances and updates its Site and Services often. We may change or discontinue the Site or any Services although we will, in such circumstances, use reasonable efforts to provide you with prior notice so that you can make alternative arrangements for the storage of any User Content and we will not terminate a Service under this section during a subscription period for which you have already paid without refunding you a fair portion of your payment based on how long is left until the end of the subscription.
User accounts are not transferable. Only the user who signs up for an account may use the account. If a user transfers an account in violation of this section, XPTech may terminate the account and the users’ right to access the Site and Services.
XPTech may at any time, without explicit notice, change the company ownership, be subject to merger or sale, partnership or else. In the case of such change of ownership, merger, sale or other, XPTech only has the obligation to notify you through updating the present Terms and Conditions. Such an action will in no way affect your use of the Service or the Site, or your subscriptions and accounts.
We reserve the right not to provide the Site or Services to any user. We also reserve the right to terminate any user's right to access the Site or Services at any time, in our discretion. If you breach any of these Terms, your permission to use the Site and Services and your account automatically terminate. If Sign4™ ceases operation, your account will be terminated and XPTech will no longer provide the Site or Services. If your account is terminated in accordance with this section, you may receive a refund of any purchased credits at the discretion of XPTech.
Sign4™ accounts that haven’t verified their email address within a reasonable time period, will be permanently deleted, along with the files inside.
Sign4™ accounts that have been inactive for 3 months, will be permanently deleted, with no refund of purchased credits and permanent deletion of any account history, data or transaction records.
XPTech tries to keep the Site and the Services up, error-free, and safe, but XPTech does not guarantee that the Site and/or the Services will be safe or secure or that access to or use of the Site and/or the Services will be uninterrupted or free of errors or omissions or that defects will be corrected. XPTech does not warrant that the Site and/or the Services will operate error-free or that the Site and its servers are free of computer viruses or other harmful components. XPTech uses reasonable care and skill in providing the Site and the Services, but beyond that, the Site and the Services are provided without any warranties of any kind. XPTech disclaims all other warranties, whether express or implied, including any warranty, condition or other terms of satisfactory quality, merchantability, fitness for particular purpose and non-infringement. XPTech makes no warranties about the accuracy, reliability, completeness, or timeliness of the Site or the Services.
Nothing in these Terms shall exclude or limit XPTech’s liability to you: (i) for death or personal injury caused by our negligence; (ii) for fraud or fraudulent misrepresentation; (iii) or for any other liability that may not, under the applicable law, be limited or excluded.
Subject to the above, in no event will XPTech, or any of its respective directors, officers, employees, and agents, be liable to you, your agents, employees or customers in connection with the Site or the Services (whether for breach of contract, negligence or any other reason) for: (i) any consequential, incidental or indirect damages; or (ii) loss of business profits, business interruption or loss of business information. Any liability we do have for losses you suffer is strictly limited to losses that were a direct and reasonably foreseeable result of our default.
Where you use the Site or Services in the course of a business, XPTech’s aggregate liability (and whether such liability arises as a result of any breach of contract, tort (including negligence), breach of statutory duty, misrepresentation or for any other reason) will be limited to the higher of: (a) total fees paid by you to XPTech for use of the Site or Services; and (b) [EUR5,000].
YOU USE THE SITE AND SERVICES AT YOUR OWN RISK. THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW, XPTECH AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS (REFERRED TO COLLECTIVELY AS "AFFILIATES") DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE AND SERVICES (INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT).
IN PARTICULAR, XPTECH AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE SITE OR SERVICES (INCLUDING, WITHOUT LIMITATION, ANY RECOMMENDATIONS OR OTHER CONTENT AVAILABLE ON OR THROUGH THE SITE OR SERVICES), OR THE CONTENT OF ANY WEBSITES OR RESOURCES LINKED TO THE SITE OR SERVICES. XPTECH AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE OR SERVICES; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL OR FINANCIAL INFORMATION; (d) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SITE OR SERVICES OR THE UNAVAILABILITY OF THE SITE OR SERVICES; (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE SITE OR SERVICES BY ANY THIRD PARTY; OR (f) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, E-MAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE SITE OR SERVICES. YOU, AND NOT XPTECH, ARE RESPONSIBLE FOR MAINTAINING, PROTECTING, AND BACKING UP ALL OF YOUR USER CONTENT AND DATA. XPTECH WILL NOT BE LIABLE FOR ANY LOSS OR CORRUPTION OF YOUR USER CONTENT OR DATA OR FOR ANY COSTS OR EXPENSES ASSOCIATED WITH BACKING UP OR RESTORING ANY OF IT.
Sign4™ AND ITS AFFILIATES DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY PRODUCT OR SERVICE RECOMMENDED, ADVERTISED OR OFFERED ON OR THROUGH THE XPTECH SITE OR SERVICES OR ANY LINKED WEBSITE.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR SERVICES IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING FROM DOING SO. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Sign4™ OR THROUGH THE SITE OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS.
TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW, NEITHER Sign4™ NOR ITS AFFILIATES WILL BE LIABLE UNDER ANY THEORY OF LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO USE OF THE SITE OR SERVICES.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent XPTech may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of XPTech’s liability will be the minimum permitted under such law.
You agree to indemnify and defend XPTech and its Affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, fees of any kind (including reasonable attorneys' fees and legal costs), arising from or relating to: (a) any information (including your User Content or any other content) that you or anyone using your account or your Credentials store, upload, submit, post or transmit through the Site or Services; (b) the use of the Site or Services by you or anyone using your account or your Credentials; (c) breach of these Terms by you or anyone using your account or your Credentials; or (d) breach of any rights of any third party, including intellectual property, privacy, publicity or other proprietary rights by you or anyone using your account or your Credentials. XPTech reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. If we do assume the defense of such a matter, you will reasonably cooperate with XPTech in such defense.
Under no circumstances will XPTech be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond its reasonable control.
If any provision of these Terms is found to be unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity or enforceability of any remaining provisions.
The failure of XPTech to enforce any right or provision of these Terms will not prevent XPTech from enforcing such right or provision in the future.
We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, a sale of assets or by operation of law.
Revised: 10 October 2020