Terms of Service

These terms are the agreement between White Lotus Strategies, LLC (we, us), which operates SealMySignature, and the organization and the people who use it (you). Read them before you create a workspace or accept an invitation to one, because doing either is how you agree to them. If anything here is unclear, write to [email protected] and ask before you accept.

1. Who Is Agreeing

• The organization. The person who creates a workspace accepts these terms for the organization the workspace belongs to, and confirms they have the authority to do that. The organization is our customer: it owns the workspace, the documents in it and the records the product makes about them.
• The people. Everybody who accepts an invitation to a workspace accepts these terms for themselves. They use the product on the organization's behalf, and the organization is responsible for what they do in it.
• You must be at least 18 and able to enter into a binding contract where you live. The product is not for children.
• Signers are not parties to these terms. The people you send documents to sign without an account. What they agree to is the electronic signature disclosure shown to them before they sign, and what is recorded about them is set out in the Privacy Notice for Signers.

2. What the Product Is

SealMySignature is a web service for sending documents to be signed electronically. You upload a document, place fields on it, and send it to one or more recipients by email. Each recipient signs in their browser. When everyone has signed, the product seals the document, produces an audit trail and a certificate of completion, and lets anybody holding a copy check on the public Verify a Document page that the copy is unaltered.

• It is a tool, not a law firm. We do not give legal advice. Whether a particular document can be signed electronically, which signature level a matter needs, and whether a signed document is enforceable are questions of the law that applies to you and to your signers, and they are yours to answer. Some documents (wills, certain family law and property matters, and others that vary by jurisdiction) cannot be signed electronically, or need more than this product provides.
• Signature levels. The product offers simple and advanced signatures, and a qualified level only where a provider has been arranged for it. The differences are described in the product. You choose the level for each document, and you are responsible for choosing one that fits.
• A new product. The product is new. Features can change between releases. We tell you before a change removes something you rely on.

3. Your Account and Workspace

• Keep the information on your account accurate, including the organization's legal name and address, which are printed on the records the product makes.
• Keep your password to yourself, and turn on two-step sign-in if your workspace holds anything sensitive. Anything done from your account is treated as done by you until you tell us otherwise. Write to [email protected] at once if you think your account has been used by somebody else.
• The owner and the admins of a workspace decide who is in it and what they can do. The organization is responsible for the people it invites, for removing them when they leave, and for everything they send.
• One person can belong to more than one workspace. What they do in each is the responsibility of that workspace's organization.

4. Plans, Fees and Payment

• Plans. The product is offered on a free plan and on paid plans. Each plan has limits (how many documents a month, how many people, and which features) which are stated in the product. We can change the limits of the free plan at any time, and the limits of a paid plan with 30 days notice.
• Fees. Paid plans are billed monthly or yearly, in advance, in US dollars, at the price shown when you chose the plan. Prices do not include tax. Where we have to charge sales tax, VAT or a similar tax, it is added.
• Changing plans. You can change plans at any time from Settings, Billing, and the price of the change is shown before you confirm it. Moving up is charged at once for the rest of the current period, prorated. Moving down gives a prorated credit on your next invoice. You can cancel at any time, and your plan runs to the end of the period you have paid for.
• Refunds. If you cancel within 30 days of your first payment for a paid plan, we refund that payment in full on request. Later payments are not refunded, except where the law requires it. If we close your workspace for a reason that is not a breach of these terms, we refund the unused part of what you paid.
• Price changes. We can change the price of a paid plan with 30 days notice by email. If you do not want to pay the new price, cancel before it takes effect.
• Not paying. If a payment fails, we tell you and try again. If it is still unpaid 14 days later we can suspend the workspace until it is paid, and after 60 days we can close it under section 12.

5. Your Content

• It stays yours. You own the documents you upload, the templates you build, and the signed documents and records the product produces for you. We claim no rights in any of it beyond what this section says.
• What we need to run the service. You give us permission to store, process, copy and transmit your content only as needed to provide the product to you: to render a document in a browser, to send it to your recipients, to seal it, to keep it for as long as your retention setting says, and to copy it to a cloud drive you asked us to copy it to.
• You are responsible for it. You confirm that you have the right to upload and send everything you send, that sending it to your recipients is lawful, and that it does not infringe anybody's rights or break any law.
• We do not read it. Nobody at SealMySignature opens your documents in the ordinary course of business. We look inside a document only with your permission, where the law requires it, or where we have to in order to investigate abuse of the service, and then only as far as we must.

6. Your Recipients

• You decide who receives a document. Their names and email addresses are yours to enter and yours to have the right to use. Do not send documents to people who have not agreed to receive them, and do not use the product to send anything that is not a document for signature.
• Recipients sign without an account. Before they sign, the product shows them an electronic signature disclosure and records that they agreed to it, along with the evidence of what they did. That evidence is part of the record of the document, and it is what makes the signature worth having.
• For the personal information of your recipients, you are the controller and we are your processor, in the sense those words have in privacy law. You decide why it is collected. We handle it on your instructions and as the Privacy Policy describes. On request we will sign a data processing agreement with you.
• A recipient can ask you for a copy of their data, or for it to be erased. The product gives them a way to ask and gives you a queue to answer from. Answering is your responsibility, and the law gives you about a month.

7. Acceptable Use

You agree not to use the product, and not to let anybody in your workspace use it, to:

• Send unsolicited bulk messages, or use the emails the product sends for anything but sending a document for signature.
• Forge a signature, sign as somebody you are not, alter a signed document, or present a document as signed when it was not.
• Upload anything unlawful, or anything you do not have the right to send.
• Break into, probe, overload, scrape or interfere with the service, or with anybody else's use of it.
• Get around a plan limit, a rate limit, or a control the product puts in your way.
• Resell the service, or use it to build a service that competes with it, without our written agreement.
• Copy, decompile or reverse engineer any part of the product that is not open source.

We can suspend a workspace, a person or a document that we reasonably believe is being used in one of these ways. We tell you when we do, unless the law stops us.

8. Cloud Drives and Other Services

• The product can connect to a cloud drive (Google Drive, Dropbox, and others as they are added) to import a document or to save a signed one. A connection is made by one person, for their own drive account, and only that person can use it. Each provider's own terms apply to your use of that drive.
• We access only what you pick: the file you choose to import, and the folder you choose to save into. We never delete, move or share anything in your drive.
• Our use of information received from Google APIs follows the Google API Services User Data Policy, including its Limited Use requirements.
• Disconnecting a drive in your settings ends our access and deletes the connection on our side.

9. The Referral Program

The referral program has its own terms, the Referral Program Terms. They apply in addition to these terms to anybody who takes part.

10. Privacy and Security

• How we handle personal information is set out in the Privacy Policy, which is part of this agreement.
• Documents are stored encrypted, the audit trail is append only and hash chained, and every connection to the service is encrypted. We keep working on security, and we tell you without undue delay if we learn of a breach that affects your data.
• We can look at the records the product keeps (who signed in, what was sent to whom, the audit trail) to keep the service running, to investigate abuse, and to answer a lawful request. We do not use your content to train anything.

11. Keeping and Deleting Documents

• Each workspace has a retention setting. Completed documents and their records are kept for the period it says, or until you delete them if that is what it says, and then removed. A document you delete is removed 30 days after you delete it.
• A workspace can be placed on legal hold by its owner. While it is, nothing in it is removed by the retention setting or by an erasure request, because a hold means somebody is required by law to keep the material.
• You can download a signed document, its certificate and its audit trail at any time while the document is in your workspace. Keep your own copies of anything you need for longer than your retention setting keeps it.

12. Ending This Agreement

• By you. You can close your workspace at any time by writing to [email protected] from the owner's address. A paid plan ends at the end of the period you have paid for.
• By us. We can suspend or close a workspace if you break these terms, if a payment is 60 days overdue, if the law requires it, or if we stop offering the product. Except where the breach is serious or the law prevents it, we tell you first and give you 14 days to put it right.
• What happens then. When a workspace closes, you have 30 days to download what is in it. After that its documents and records are deleted, except for what we are required by law or by an accounting rule to keep: the record of what was paid, and the record that these terms were accepted. Documents already signed and downloaded by you or by your recipients are unaffected.
• Sections 5, 10, 13, 14, 15, 16 and 17 continue to apply after this agreement ends.

13. Our Rights in the Product

The product, its design, the parts of its code that are not open source, and the SealMySignature name are ours. These terms give you the right to use the product while you have an account, and nothing more. If you send us suggestions, we can use them without owing you anything. The open source components the product is built from are listed on the Open Source Notices page, and each keeps its own license.

14. What We Do Not Promise

• The product is provided as it is and as it is available. We do not promise that it will be uninterrupted or free of errors, that any document signed with it will be enforceable in a particular place, or that it fits a particular purpose. Every warranty that the law lets us exclude, including any implied warranty of merchantability or of fitness for a purpose, is excluded.
• Whether an electronic signature is valid depends on the law that applies to the document, the parties and the place. We provide the tools and the evidence. The legal effect is not ours to guarantee.
• Nothing in these terms excludes a liability that the law does not let us exclude.

15. Limits on Our Liability

• To the extent the law allows, we are not liable to you for any loss of profit, revenue, business, data or goodwill, or for any indirect or consequential loss, however it arises.
• To the extent the law allows, our total liability to you under or in connection with these terms, in any period of twelve months, is limited to the greater of the fees you paid us in the twelve months before the event giving rise to the claim and one hundred US dollars.
• These limits apply to every kind of claim, whether in contract, in tort (including negligence) or otherwise, and whether or not we were told the loss was possible.

16. Your Responsibility to Us

You will cover us, and our officers and staff, for any loss, cost or claim that arises from your content, from your use of the product in breach of these terms, or from a claim by one of your recipients that you had no right to send them what you sent. We will tell you promptly about any such claim and let you take over its defence, and we will not settle it without your agreement.

17. Disputes and Law

• These terms, and any dispute about them or about the product, are governed by the law of the State of Colorado, without regard to its conflict of laws rules. The state and federal courts sitting in Colorado have exclusive jurisdiction, and each of us agrees to it. If you are a consumer in a country whose law gives you the right to bring a claim where you live, nothing here takes that right away.
• Before either of us starts a claim, we agree to write to the other with the details of the dispute and to talk it through in good faith for 30 days.
• To the extent the law allows, each of us waives any right to a jury trial, and agrees that a claim can be brought only in our own name and not as a class or representative action.

18. Changes to These Terms

• We can change these terms. A change that reduces your rights or adds to your obligations takes effect 7 days after we email the owner of your workspace about it, or earlier if you accept the new version. Anything else takes effect on the date at the top. Using the product after a change takes effect is agreement to it. If you do not agree, close your workspace before the change takes effect.
• Every version of these terms carries a version number and an effective date at the top. The version you accepted is recorded when you create a workspace, accept an invitation or accept a new version, and you can ask us for it.

19. Everything Else

• These terms, the Privacy Policy and, where they apply, the Referral Program Terms are the whole agreement between us about the product. They replace anything said or written before them.
• If part of these terms turns out to be unenforceable, the rest stands.
• Neither of us is responsible for a failure caused by something outside our reasonable control, apart from a failure to pay.
• You cannot transfer this agreement to anybody else without our written agreement. We can transfer it to a successor to our business, and we tell you if we do.
• Not enforcing a term is not giving it up.
• Notices to you go to the owner's email address on the workspace. Notices to us go to [email protected], or by post to White Lotus Strategies, LLC, 1942 Broadway Ste 314C, Boulder, CO 80302.

20. Contact

Questions about these terms go to [email protected].