Terms and Conditions
These Terms and Conditions (the "Terms") are an agreement between you and Mindseal Systems, Inc. ("EaseSignature", "we", "us"). They govern your use of the EaseSignature electronic signature service at sign.easesignature.com and related websites, emails and features (the "Service").
1. Accepting these Terms
By creating an account, checking the box at sign-up, or using the Service, you agree to these Terms and to our Privacy Policy. If you accept on behalf of a company or other organization, you confirm that you have authority to bind it, and "you" means that organization. If you do not agree, do not use the Service.
People who only receive a document to sign ("Signers") do not need an account. Signers agree to the electronic records and signature consent shown before signing (Section 7) and to Sections 6, 7, 11, 12 and 15 of these Terms.
2. Eligibility and accounts
- You must be at least 18 years old and able to form a binding contract.
- You must give accurate information when you sign up and keep it up to date, including your name, email address and, for organizations, the company name and billing details.
- You are responsible for your password, your two-step verification method and your recovery codes, and for everything done under your account. Tell us at once at support@easesignature.com if you think your account has been used without permission.
- An organization's administrators control its account. They can invite and remove members, set permissions, and see documents, folders and templates shared within the organization. Documents a member marks private are not visible to other members.
- We may refuse, suspend or close an account that gives false information or breaks these Terms.
3. Free trial
New accounts may start with a free trial of the length shown at sign-up (currently 14 days). The trial is not billed. When it ends, the account is limited to the subscribe page until you choose a paid plan. We may change or end trial offers at any time, and we may limit trials to one per person or organization.
4. Plans, billing and cancellation
- Fees. Paid plans are billed monthly in advance, in US dollars, at the price shown on your Billing page when you subscribe. Plans are priced per member and include a monthly number of envelopes per member. Envelopes over that allowance are billed at the per-envelope price for your plan in the following invoice.
- Payment. Payments are processed by our payment provider, Stripe. You authorize us to charge your payment method on each billing date until you cancel. You are responsible for any taxes that apply, other than taxes on our income.
- Billing date. Each subscription renews on the same day of the month it started.
- Upgrades. Moving to a higher plan takes effect immediately. We do not prorate the change; any remaining days at the old price are not charged again.
- Failed payments. If a payment fails, we will tell you by email. If it is not resolved, we may pause the account until it is paid.
- Cancellation. You can cancel at any time from the Billing page. Cancellation stops future renewals, and you keep access until the end of the month you have already paid for. Any envelopes over your allowance in that month are billed on a final invoice. Except where the law requires otherwise, fees already paid are not refundable.
- Price changes. We will give at least 30 days' notice by email before a price change applies to your subscription. You may cancel before it takes effect.
5. Usage limits
The Service applies limits to protect deliverability and performance. These include a daily number of signing emails per account, a maximum document size (currently 5 MB and 200 pages per PDF), and limits on signer attachments. Current limits are shown in the app and may change.
6. Acceptable use
You agree not to use the Service to:
- send documents to people who have not agreed to do business with you electronically, or send spam or unsolicited bulk messages;
- forge a signature, sign on another person's behalf without legal authority, or impersonate any person or organization;
- commit fraud, or create documents that are unlawful, deceptive, defamatory or that infringe someone else's rights;
- upload malware, or try to probe, scan, overload or break into the Service or other customers' accounts;
- copy, resell or reverse engineer the Service, except where the law allows it;
- use the Service for documents that the law does not allow to be signed electronically (see Section 7).
We may remove content or suspend an account that we reasonably believe breaks this section.
7. Electronic signatures and records
- Legal effect. The Service is designed so that electronic signatures and records can be legally binding under the U.S. Electronic Signatures in Global and National Commerce Act (ESIGN, 15 U.S.C. § 7001 et seq.), the Uniform Electronic Transactions Act (UETA) as adopted by U.S. states, and, where it applies, the EU eIDAS Regulation (No. 910/2014). Under eIDAS, the Service provides simple electronic signatures, not advanced or qualified electronic signatures.
- Consent. Before signing, each Signer is asked to agree to use electronic records and signatures. The Signer may decline instead of signing. Senders are responsible for obtaining any additional consent or disclosures the law requires for their transaction, such as consumer disclosures under ESIGN Section 101(c).
- Exceptions. Some documents cannot be signed electronically, or need extra formalities, in some places. Examples include wills and testamentary trusts, certain family law documents, court orders, notices of utility shut-off, foreclosure or eviction, and documents that must be notarized or witnessed. You are responsible for deciding whether an electronic signature is suitable and valid for your document.
- Evidence. When a document is completed, the Service adds a certificate that records each Signer's name, email, the times they viewed, consented and signed, their IP address, and a cryptographic fingerprint of the document, and keeps an audit trail. We do not verify a Signer's identity beyond access to their email address and any access code the sender sets.
- No legal advice. We are not a party to your documents and do not give legal advice about them.
8. Your documents and content
- Ownership. You keep all rights in the documents, templates, signatures and other content you or your Signers upload or create ("Content").
- Our license. You give us a limited permission to host, store, process, transmit and display Content only as needed to provide, secure and support the Service, and as these Terms or the law require.
- Your responsibility. You confirm that you have the right to upload and send your Content and that doing so does not break any law or anyone's rights.
- Security. We encrypt stored documents and use reasonable safeguards, including two-step verification and audit logging. No system is perfectly secure, and you are responsible for keeping your own copies of completed documents.
9. Privacy
Our Privacy Policy explains what personal information we collect about account holders and Signers, how we use it and the choices you have. For Content you send, you are the controller of Signers' personal information and we process it on your instructions.
10. Our intellectual property
The Service, including its software, design, logos and the EaseSignature name, belongs to us or our licensors. We give you a limited, non-exclusive, non-transferable right to use the Service under these Terms while your account is in good standing. If you send us feedback, we may use it without obligation to you.
11. Third-party services
The Service relies on third parties for some functions, such as payment processing (Stripe), email delivery, cloud storage and the in-app help assistant. Their own terms may apply to those parts. We are not responsible for services we do not control.
12. Disclaimers
The Service is provided "as is" and "as available". To the fullest extent the law allows, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, title and non-infringement. We do not promise that the Service will be uninterrupted or error free, or that any electronic signature will be enforceable in every situation. The help assistant gives general product help only and can be wrong.
13. Limitation of liability
To the fullest extent the law allows:
- we are not liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or goodwill;
- our total liability for all claims relating to the Service is limited to the greater of the amount you paid us in the 12 months before the claim arose, or US $100.
Some places do not allow these limits, so they may not apply to you in full.
14. Indemnity
You will defend and indemnify us against claims, losses and costs (including reasonable legal fees) that arise from your Content, your documents and transactions, or your breach of these Terms or the law.
15. Suspension and termination
- You may stop using the Service and cancel your subscription at any time.
- We may suspend or end your access if you break these Terms, do not pay, or if we must do so to comply with law or protect the Service or others. Where reasonable, we will give notice first.
- After your account ends, you will have 30 days to download your documents. After that we may delete your Content, except copies we must keep by law or that remain in backups until they expire (currently up to 30 days).
- Sections 7 (Evidence and No legal advice), 8, 10, 12, 13, 14, 16 and 17 survive termination.
16. Governing law and disputes
These Terms are governed by the laws of the State of California, without regard to its conflict of laws rules. Any dispute will be resolved in the state or federal courts in Los Angeles County, California, and both parties consent to that jurisdiction.
17. General
- Changes to these Terms. We may update these Terms. We will post the new version with a new effective date and, for material changes, tell account holders by email or in the app at least 30 days before they take effect. Continuing to use the Service after that date means you accept the new Terms.
- Entire agreement. These Terms and the Privacy Policy are the whole agreement about the Service, unless you have signed a separate written agreement with us.
- Assignment. You may not transfer these Terms without our written consent. We may transfer them as part of a merger, acquisition or sale of assets.
- Severability and waiver. If a part of these Terms is unenforceable, the rest still applies. Not enforcing a term is not a waiver.
- Notices. We send notices to the email address on your account. You can send notices to support@easesignature.com or Mindseal Systems, Inc., 4620 Lowell Ave., La Crescenta, CA 91214.
18. Contact
Mindseal Systems, Inc.
4620 Lowell Ave., La Crescenta, CA 91214
Email: support@easesignature.com