Last Updated: October 15, 2023
Please read these Terms of Use ("Terms") carefully before using the SwiftDocSign.com digital document signing service, website, and related applications (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy.
By creating an account, accessing, or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are using the Services on behalf of a company, organization, or other entity, you represent that you have the authority to bind that entity to these Terms, and "you" refers to that entity.
If you do not agree with any part of these Terms, you must not access or use our Services.
We may modify these Terms at any time, at our sole discretion. If we make material changes to these Terms, we will provide notice through our Services, via email, or by other means to provide you with the opportunity to review the changes before they become effective. Your continued use of our Services after the changes have been posted will constitute your acceptance of the revised Terms.
It is your responsibility to check these Terms periodically for changes. If you do not agree to the modified terms, you should discontinue your use of the Services.
You must be at least 18 years old and capable of forming a binding contract to use our Services. If you are accessing or using our Services on behalf of a company or organization, you represent and warrant that you have the authority to act on behalf of that entity and to bind that entity to these Terms.
Our Services are not intended for use by persons in jurisdictions where the provision of our Services would be contrary to applicable laws or regulations. It is your responsibility to ensure that your use of our Services complies with all laws applicable to you.
To use certain features of our Services, you may need to create an account and provide accurate, complete, and current information. You are responsible for:
We reserve the right to disable your account if we have reason to believe that you have provided false information, violated these Terms, or engaged in unlawful or fraudulent activity.
You may not share your account credentials or transfer your account to any other person or entity. Each account is intended for use by a single user or entity. Multiple users must have separate accounts.
SwiftDocSign.com provides a digital document signing platform that allows users to electronically sign, send, and manage documents. Our Services include:
We reserve the right to modify, suspend, or discontinue any part of our Services at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of our Services.
You acknowledge that electronic signatures created through our Services are legally binding to the extent permitted by applicable law. However, we do not guarantee that electronic signatures will be legally valid or enforceable in all jurisdictions or for all document types. It is your responsibility to consult with legal counsel regarding the appropriate use of electronic signatures for your specific needs.
Some of our Services are offered on a subscription basis. By subscribing to a paid plan, you agree to pay all fees applicable to your selected plan. Payment terms include:
Fees for subscription plans are charged in advance, either monthly or annually, based on your selected billing cycle. All fees are non-refundable except as expressly stated in these Terms.
We accept payment via credit card, debit card, or other approved payment methods. You authorize us to charge your payment method for all fees associated with your subscription. For Enterprise plans, we may offer invoice billing subject to credit approval.
Subscriptions automatically renew at the end of each billing cycle unless you cancel before the renewal date. By subscribing, you authorize us to charge your payment method for each renewal period until you cancel.
We may change our prices at any time. If we increase subscription fees, we will provide notice at least 30 days before the change takes effect. Your continued use of the Services after the price change becomes effective constitutes your agreement to pay the updated price.
All fees are exclusive of taxes, which we will charge as applicable. You are responsible for paying all taxes associated with your use of our Services, except for taxes based on our net income.
You may cancel your subscription at any time through your account settings or by contacting our support team. Upon cancellation, you will continue to have access to the Services until the end of your current billing period, after which your access will be limited or terminated based on our data retention policies.
We do not provide refunds for partial subscription periods or unused services, except where required by law. In exceptional circumstances, we may, at our sole discretion, offer credits or partial refunds.
"User Content" refers to any content, data, or information that you upload, create, store, send, or receive through our Services, including documents, signatures, templates, and form responses.
You retain all rights to your User Content. By using our Services, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, and display your User Content solely for the purpose of providing, improving, and promoting our Services.
You are solely responsible for all User Content that you submit, upload, or otherwise make available through our Services. You represent and warrant that:
We do not review or monitor User Content before it is submitted or transmitted through our Services. However, we reserve the right to review, screen, and delete User Content at any time and for any reason, particularly if we believe it violates these Terms or applicable law.
If you provide us with any feedback, suggestions, or ideas regarding our Services, you grant us the right to use this feedback without restriction or compensation to you.
When using our Services, you agree not to:
We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates these restrictions, including removing content, terminating accounts, and reporting violators to law enforcement authorities.
Our Services, including all content, features, and functionality, are owned by SwiftDocSign.com or our licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws. These Terms do not grant you any right, title, or interest in our Services, content, trademarks, or other intellectual property.
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for your legitimate business or personal purposes. This license does not allow you to:
SwiftDocSign.com, our logo, and all related names, logos, product and service names, designs, and slogans are trademarks of SwiftDocSign.com or our licensors. You may not use these marks without our prior written permission.
Your privacy is important to us. Our Privacy Policy explains how we collect, use, and protect your personal information when you use our Services. By using our Services, you consent to our collection and use of information as described in our Privacy Policy.
Our Services may contain links to third-party websites, services, or content that are not owned or controlled by SwiftDocSign.com. We are not responsible for the content, policies, or practices of any third-party services. Your use of third-party services is subject to their terms of service and privacy policies.
If you choose to integrate our Services with third-party applications or services, you are responsible for reviewing and complying with the terms governing those third-party services.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT (1) THE SERVICES WILL MEET YOUR REQUIREMENTS, (2) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, OR (4) ANY ERRORS IN THE SERVICES WILL BE CORRECTED.
WHILE WE STRIVE TO PROVIDE A RELIABLE PLATFORM FOR ELECTRONIC SIGNATURES, WE DO NOT GUARANTEE THAT ELECTRONIC SIGNATURES CREATED THROUGH OUR SERVICES WILL BE LEGALLY VALID OR ENFORCEABLE IN ALL JURISDICTIONS OR FOR ALL DOCUMENT TYPES. YOU ARE RESPONSIBLE FOR DETERMINING THE LEGALITY AND APPROPRIATENESS OF ELECTRONIC SIGNATURES FOR YOUR SPECIFIC NEEDS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SwiftDocSign.com, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICES.
IN NO EVENT SHALL OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE AMOUNT PAID BY YOU TO SwiftDocSign.com FOR THE SERVICES IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.
THE LIMITATIONS OF LIABILITY IN THIS SECTION APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify, and hold harmless SwiftDocSign.com, its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:
We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
We may terminate or suspend your account and access to the Services at any time, without prior notice or liability, for any reason, including if you breach these Terms.
You may terminate your account at any time by following the instructions in your account settings or by contacting us.
Upon termination:
These Terms and any disputes arising out of or related to these Terms or the Services shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.
Before filing a claim against SwiftDocSign.com, you agree to attempt to resolve the dispute informally by contacting us. We'll attempt to resolve the dispute informally by contacting you through email. If a dispute is not resolved within 30 days, you or SwiftDocSign.com may proceed with filing a formal proceeding.
Except for disputes that qualify for small claims court, all disputes arising out of or related to these Terms or the Services shall be resolved through final and binding arbitration. The arbitration will be conducted by JAMS under its Comprehensive Arbitration Rules and Procedures. The arbitration shall take place in San Francisco, California, unless you and SwiftDocSign.com agree otherwise.
YOU AND SwiftDocSign.com AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Unless both you and SwiftDocSign.com agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a class or representative proceeding.
You can opt out of the arbitration and class action waiver provisions by notifying SwiftDocSign.com within 30 days of accepting these Terms by emailing us at [email protected] with your name, account email, and a statement that you opt out of the arbitration and class action waiver provisions.
These Terms, together with our Privacy Policy, constitute the entire agreement between you and SwiftDocSign.com regarding your use of the Services and supersede all prior agreements and understandings, whether written or oral.
The failure of SwiftDocSign.com to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by SwiftDocSign.com.
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.
You may not assign or transfer these Terms, by operation of law or otherwise, without SwiftDocSign.com's prior written consent. SwiftDocSign.com may assign or transfer these Terms, at its sole discretion, without restriction.
SwiftDocSign.com shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, civil unrest, government actions, labor disputes, internet service provider failures or delays, or denial-of-service attacks.
Any notices or other communications provided by SwiftDocSign.com under these Terms will be given by posting to the Services or by email to the address associated with your account. Notices to SwiftDocSign.com should be sent to the contact address provided below.
No agency, partnership, joint venture, employer-employee, or franchiser-franchisee relationship is intended or created by these Terms.
If you have any questions about these Terms or our Services, please contact us at:
Email: [email protected]
Postal Address:
SwiftDocSign.com
Attn: Legal Department
4098 Goldcliff Circle
Washington, DC 20004
United States
By creating an account, you acknowledge that you have read and agree to our Terms of Use and Privacy Policy.