Terms of Service

1. Agreement to these terms

These Terms of Service ("Terms") are a binding agreement between you and Bell LLC ("eDocYouSign," "we," "us" or "our"), a company organized under the laws of [STATE], located at [MAILING ADDRESS]. They govern your use of the eDocYouSign website, web application, signing pages, application programming interfaces and related services (together, the "Service").

By creating an account, clicking "I agree," signing in with Google or Apple, or using the Service, you accept these Terms and our Privacy Policy. If you use the Service for 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.

A separate written agreement signed by both parties (such as an enterprise order form) controls over these Terms where the two conflict.

2. Who may use the Service

You must be at least 18 years old and able to form a binding contract. The Service is intended for business and professional use. It is not directed to children, and you may not create an account for anyone under 18.

You may not use the Service if you are barred from doing so under the laws of the United States or another applicable jurisdiction, including if you are on a U.S. government list of restricted or sanctioned parties.

3. Accounts and sign-in security

You must give accurate account information and keep it current. You are responsible for all activity under your account and for keeping your password, authenticator app, recovery codes and any linked Google or Apple account secure.

Every account must use two-step sign-in. Sign-in with Google or Apple confirms your identity with that provider; it does not replace the authenticator code. Tell us right away at support@edocyousign.com if you believe your account has been accessed without your permission.

Workspace owners and administrators can invite and remove members, change roles, reset a member's authenticator and view and manage documents sent from the workspace. If you join a workspace, its owners and administrators can see the documents you send from it and their status.

4. End-to-end encryption, access codes and recovery

Documents, field values and signatures are encrypted in the sender's or signer's browser before they reach our servers. Each document's key is protected by an access code that we never receive in readable form. This design means:

• We cannot read your documents, recover a lost access code, or restore a forgotten code-vault passphrase or recovery key.
• You must share access codes securely with your signers, such as by phone or text message, and keep a copy you can find later. The optional code vault keeps codes encrypted with a passphrase only you know.
• Lost codes may mean lost documents. If an access code is lost and your workspace has not set up two-person recovery, the document cannot be opened again. Two-person recovery works only if both recovery-key holders still have their keys.
• Changing an access code, pausing a signer, replacing a signing link or setting an end date takes effect immediately. You are responsible for telling affected signers.

Because we cannot see document content, we cannot review it for errors, completeness or legal sufficiency.

5. Electronic signatures and your responsibilities

The Service is designed to support electronic signatures and records under the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. § 7001 et seq., "ESIGN") and state laws based on the Uniform Electronic Transactions Act ("UETA"). Each completed document includes an audit trail and a certificate of completion.

Whether a particular electronic signature is valid and enforceable depends on the document, the parties, the law that applies and how the signature was obtained. As the sender, you are responsible for:

• deciding whether a document may be signed electronically and meeting any extra requirements, such as witnesses, notarization or specific disclosures;
• obtaining any consent to electronic records that consumer-protection laws require, including the disclosures in 15 U.S.C. § 7001(c), and providing paper copies when the law or your signer requires them (our E-Sign Disclosure describes the consent signers give in the Service);
• confirming the identity of your signers. The Service confirms that a signer opened the link sent to their email address and entered the access code; it does not verify government identification; and
• keeping your own copies of completed documents for as long as you need them.

Under ESIGN, electronic signatures generally do not apply to the following, and you may not use the Service for them unless the law has been satisfied in another way:

• wills, codicils and testamentary trusts;
• adoption, divorce and other family-law matters;
• court orders, notices and official court documents, including briefs, pleadings and other writings that must accompany court proceedings;
• notices of cancellation or termination of utility services (including water, heat and power);
• notices of default, acceleration, repossession, foreclosure or eviction, or the right to cure, under a credit agreement secured by, or a rental agreement for, a primary residence of an individual;
• notices of cancellation or termination of health insurance or benefits or life insurance benefits (excluding annuities);
• recall notices, or notices of material failure, of a product that risks endangering health or safety;
• documents required to accompany the transportation or handling of hazardous materials, pesticides or other toxic or dangerous materials;
• records governed by the Uniform Commercial Code other than sections 1-107 and 1-206 and Articles 2 and 2A; and
• any other document that applicable law requires to be signed in ink, witnessed, notarized in person or delivered on paper, unless the requirement has been met by other means.

6. Your content

"Customer Content" means documents, files, field values, signatures, attachments, messages and other material you or your signers submit. You keep all rights to your Customer Content. You give us a limited, worldwide, non-exclusive license to host, store, transmit, copy and display Customer Content, in its encrypted form, only as needed to provide, secure and support the Service and as required by law.

You confirm that you have the rights and consents needed to upload Customer Content and to send it to your signers, including consent from people whose personal information appears in it.

"Service Data" means information we create or collect to run the Service, such as account details, sign-in and audit logs, IP addresses and envelope status. We use Service Data as described in the Privacy Policy.

7. Acceptable use

You agree not to, and not to let anyone else:

• use the Service for anything illegal, fraudulent, deceptive or harmful, including forging signatures, impersonating others, or sending documents to people who did not expect them for phishing or spam;
• send messages that violate the CAN-SPAM Act, the Telephone Consumer Protection Act or similar laws;
• upload malware, or content that infringes intellectual-property or privacy rights;
• probe, scan or test the Service's security, or bypass access controls, rate limits or sending limits, except through a written security-research arrangement with us;
• copy, resell, reverse engineer or build a competing product from the Service, except to the extent the law expressly allows;
• interfere with the Service or other customers' use of it; or
• use the Service in high-risk settings where a failure could lead to death, personal injury or environmental damage.

We may set and change reasonable usage limits, such as the number of envelopes a sender can send each day, to protect the Service.

8. Regulated data

Unless we have signed a separate written agreement with you, such as a HIPAA business associate agreement, you may not use the Service to create, receive, maintain or transmit protected health information under the Health Insurance Portability and Accountability Act, or other information subject to special legal protections (such as payment card data under PCI DSS, or criminal justice information). This applies even though document content is encrypted, because names, email addresses and other envelope details are visible to us. You are responsible for meeting any industry-specific obligations that apply to you, such as those under the Gramm-Leach-Bliley Act or FERPA.

9. Third-party services

The Service works with services we do not control, such as Google and Apple sign-in, Microsoft Authenticator and other authenticator apps, email providers and our hosting provider. Your use of those services is governed by their own terms and privacy policies, and we are not responsible for them. If a third-party service changes or becomes unavailable, related features may stop working.

10. Plans, fees and renewal

Some plans are free and others are paid. Prices and plan features are shown on our website or in your order. Unless stated otherwise:

• paid plans renew automatically for the same term until cancelled. You can cancel at any time in your account settings or by contacting us, and cancellation takes effect at the end of the current billing period;
• before an annual plan renews, we will send a reminder where required by law;
• fees are in U.S. dollars, payable in advance and, except as required by law or stated in these Terms (including the 30-day money-back guarantee below), not refundable;
• fees do not include taxes, which you are responsible for (other than taxes on our income); and
• if we change the price of your plan, the change applies from your next renewal after at least 30 days' notice, unless we have agreed to hold your price.

Payments are processed by our payment provider, and we do not store full card numbers.

Trials and offers. Where offered: (a) a new workspace may receive a free 14-day trial of the Team plan without a payment card, limited to one trial per company email domain or per personal email address, after which the workspace moves to the Free plan unless a paid plan is chosen; (b) the Free plan includes the number of envelopes per calendar month shown on our website; (c) the founding-customer offer gives 20% off the first year of a new yearly subscription to the first 300 customers, until March 31, 2027 (Eastern Time); (d) the switch offer gives up to 3 months free on a new yearly subscription to customers who show us a current plan with another e-signature provider, as we approve; (e) the nonprofit and education discount gives 25% off a paid plan to organizations we verify, for as long as the subscription continues; (f) referral credits of one month of the plan, up to US$100, go to both the referring and the referred workspace after the referred workspace's first payment, up to 10 credits per referring workspace a year, and not for workspaces that share an owner, company email domain or payment card; and (g) the 30-day money-back guarantee refunds the first yearly payment of a workspace in full if requested within 30 days of that payment, and the plan is then cancelled. Offers do not combine, except referral credits; checkout applies the best single offer a workspace qualifies for. Offers have no cash value, and we may change or end an offer for new customers at any time, or withdraw an offer obtained by misuse.

Volume pricing. Where offered, the Team and Business plans are 10% off for each user from the 11th, calculated on each invoice.

Storage. Each workspace includes the amount of storage shown on our website (currently 1 GB on Free and more on paid plans), and you may buy additional storage as a monthly add-on. When a workspace reaches its storage limit, you may not be able to send new documents until you delete content or add storage. Changes to the amount of add-on storage are prorated, cancelling it takes effect at the end of the current billing period, and you may not reduce it below the space your content uses.

11. Our intellectual property and feedback

We and our licensors own the Service, including its software, design and trademarks. Subject to these Terms, we give you a limited, non-exclusive, non-transferable right to use the Service during your subscription. If you send us suggestions or feedback, we may use them without obligation to you.

Copyright complaints. We respond to notices of claimed infringement under the Digital Millennium Copyright Act (17 U.S.C. § 512). Send notices to our designated agent at support@edocyousign.com, [MAILING ADDRESS], including the information required by 17 U.S.C. § 512(c)(3). We may terminate repeat infringers.

12. Suspension and termination

You may stop using the Service and close your account at any time. We may suspend or end your access, with notice where reasonable, if you breach these Terms, fail to pay, create a security or legal risk, or if we are required to by law. We may also discontinue the Service or a free plan with at least 30 days' notice.

When an account or workspace is closed, we delete or de-identify its data according to our Privacy Policy. Download any completed documents you need before closing. Because documents are encrypted, you will need their access codes to open copies you keep.

Sections 4, 5, 6 (last two paragraphs), 11 and 13 through 21 survive termination.

13. Confidentiality and security

We protect the Service with administrative, technical and physical safeguards appropriate to its nature, including end-to-end encryption of document content, required two-step sign-in, encrypted connections and tamper-evident audit logs. No system is perfectly secure, and we cannot guarantee that unauthorized access will never occur. If we learn of a security incident that affects your personal information, we will notify you as required by applicable law.

14. Disclaimer of warranties

To the fullest extent permitted by law, the Service is provided "as is" and "as available," without warranties of any kind, whether express, implied or statutory, including implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and any warranties arising from course of dealing or usage of trade. We do not warrant that the Service will be uninterrupted, error-free or secure, that any document or signature will be legally valid or enforceable for your purpose, or that lost access codes, passphrases or recovery keys can be recovered.

Some states do not allow the exclusion of implied warranties, so some of these exclusions may not apply to you.

15. Limitation of liability

To the fullest extent permitted by law: (a) neither party will be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, revenue, goodwill or data, or for the cost of substitute services, arising out of or relating to these Terms or the Service, even if advised of the possibility of those damages; and (b) each party's total liability arising out of or relating to these Terms or the Service will not exceed the greater of the amount you paid us for the Service in the 12 months before the event giving rise to the claim, or one hundred U.S. dollars (US$100).

Without limiting the above, we are not liable for loss of access to a document caused by a lost access code, code-vault passphrase or recovery key; for the legal effect of any document you send or sign; or for the acts of signers or other third parties.

These limits do not apply to your payment obligations, to either party's indemnity obligations, to a party's gross negligence, fraud or willful misconduct, or to liability that cannot be limited by law. Some states do not allow these limitations, so they may not fully apply to you.

16. Indemnification

You will defend, indemnify and hold harmless eDocYouSign and its officers, employees and agents from and against any third-party claims, and related losses, damages, fines and reasonable attorneys' fees, arising from your Customer Content, your use of the Service in breach of these Terms or the law, or a dispute between you and a signer or other third party. We will give you prompt notice of the claim, reasonable cooperation at your expense, and control of the defense, but you may not settle a claim that imposes obligations on us without our written consent.

17. Governing law and venue

These Terms are governed by the laws of the State of [STATE] and the Federal Arbitration Act, without regard to conflict-of-laws rules. Except for claims that go to arbitration or small-claims court under section 18, the state and federal courts located in [COUNTY] County, [STATE] have exclusive jurisdiction, and both parties consent to personal jurisdiction there.

18. Dispute resolution and arbitration

Please read this section carefully. It affects your rights, including your right to go to court and to bring a class action.

Informal resolution first. Before filing a claim, each party agrees to send the other a written description of the dispute and to try in good faith to resolve it for 60 days. Send notices to us at support@edocyousign.com.

Binding arbitration. Any dispute arising out of or relating to these Terms or the Service that is not resolved informally will be resolved by final, binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules or, for an individual using the Service mainly for personal purposes, its Consumer Arbitration Rules. The arbitration will take place in [COUNTY] County, [STATE], or by video, and judgment on the award may be entered in any court with jurisdiction.

Exceptions. Either party may bring an individual claim in small-claims court, and either party may seek an injunction in court to stop infringement or misuse of its intellectual property or unauthorized access to the Service.

No class actions. Claims may be brought only on an individual basis, not as a plaintiff or class member in any class, collective or representative proceeding. The arbitrator may not combine claims of more than one person. If this class-action waiver is found unenforceable for a claim, that claim must be decided in court, not arbitration.

Opting out. You may opt out of this arbitration agreement by emailing support@edocyousign.com within 30 days after you first accept these Terms, with your name, account email and a statement that you opt out of arbitration.

19. Export control and government users

You will comply with U.S. export control and sanctions laws, including the Export Administration Regulations and regulations of the Office of Foreign Assets Control, and will not use or allow access to the Service in a country or by a person subject to U.S. embargo or sanctions. The Service uses encryption, and you are responsible for any import or use restrictions that apply outside the United States.

The Service is "commercial computer software" and "commercial computer software documentation" under 48 C.F.R. § 12.212 and 48 C.F.R. § 227.7202. U.S. government users receive only the rights granted to all customers under these Terms.

20. Changes to the Service and these Terms

We may update the Service over time. We may change these Terms by posting the updated version and changing the "Last updated" date. For material changes, we will give at least 30 days' notice by email or in the Service before they take effect, unless the change is required sooner by law. If you keep using the Service after the change takes effect, you accept the updated Terms. If you do not agree, stop using the Service and close your account.

21. General terms

• Entire agreement. These Terms, the Privacy Policy and any order form are the entire agreement between us about the Service.
• Assignment. You may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition or sale of assets.
• Force majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control, such as natural disasters, war, terrorism, labor disputes, government action, or internet or utility failures.
• Severability and waiver. If a provision is unenforceable, it will be limited to the minimum extent necessary and the rest will remain in effect. A failure to enforce a provision is not a waiver.
• Notices. We may send notices to the email address on your account. You may send notices to support@edocyousign.com or [MAILING ADDRESS].
• Independent parties. The parties are independent contractors. Nothing in these Terms creates a partnership, agency or employment relationship, and there are no third-party beneficiaries.
• California users. Under California Civil Code § 1789.3, California users may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

22. Text message (SMS) program

Program. eDocYouSign SMS verification codes, operated by Bell LLC. When a sender adds a text message check to an envelope, the signer can ask for a one-time code by text to confirm their identity before opening the document.

• Opt-in: a code is sent only when the signer chooses Text me a code on the signing page. Each request sends one message. Consent is not a condition of any purchase.
• Frequency: one message per request, usually one or two per document. No recurring or marketing messages.
• Cost: Message and data rates may apply. eDocYouSign does not charge signers for texts.
• Opt-out: reply STOP (or STOPALL, UNSUBSCRIBE, CANCEL, END, QUIT, OPTOUT, REVOKE, HALT) to stop all texts. We confirm by text and send nothing more. Reply START to opt back in.
• Help: reply HELP, or email support@edocyousign.com.
• Carriers are not liable for delayed or undelivered messages. Supported on major US carriers.
• Senders must only enter a mobile number the signer gave them for this purpose.
• Our Privacy Policy explains how we handle phone numbers. Full program details: SMS terms.

23. Contact us

Bell LLC
[MAILING ADDRESS]
Email: support@edocyousign.com

This document is provided for general information about how eDocYouSign works and the terms that apply to it. It is not legal advice to you. If you have questions about your own legal obligations, consult your attorney.