Last Modified: June 2018

The DigiSigner Terms and Conditions (the “Terms” or “Agreement”) forms the legal agreement between you, either an individual or a single legal entity (“You” or “you” or “Your” or “your”), and DigiSigner GmbH (“DigiSigner”) for and on behalf of the DigiSigner service (“DigiSigner” or “Product” or “we” or “our”). These Terms and Conditions serve to govern your use of DigiSigner, including any updates and accompanying written documentation.

These Terms and Conditions are subject to change at any time. Use of this site forms your consent and legally binding agreement to adhere to these terms. DigiSigner may occasionally contact you via email.

Your Data and Privacy

When you use DigiSigner, you agree that DigiSigner may duplicate and store your data, information, files and folders in accordance with DigiSigner policies and these Terms. All information you provide to DigiSigner will remain your property. When you input or upload any file or document into DigiSigner, regardless of its form or the content therein, you grant DigiSigner a license to use that document as necessary to provide the services listed on the site. Any electronic information or recording created on or through DigiSigner is and will remain the property of DigiSigner.

For the purpose of providing the service only, we may need to share your data, information, folders and files with third parties and your use of this service forms your consent for same. DigiSigner may contain links to third party websites or resources. Your use of the third party materials is governed by their terms and not this agreement and responsibility for their service relies solely with them. You are responsible for maintaining and protecting your data in DigiSigner and DigiSigner is not responsible for any corruption or loss of your files or information or for backing up such information.

You must be 18 or over to use DigiSigner and acceptance of terms constitutes your confirmation of same.

Accounts, Passwords and Security

You must be a registered user to access DigiSigner. Users must register using their email address, which becomes automatically their user name. You are responsible for keeping your password private and secure, and are prohibited from sharing your login and password with others. All activity occurring under your user name is your sole responsibility.

Acceptable Use and Conduct

You are solely responsible for your conduct and your data content uploaded or otherwise placed into DigiSigner. DigiSigner does not hold responsibility for any lack of appropriateness of any information which you may be able to access or view through DigiSigner. You agree to indemnify, defend, and hold harmless DigiSigner and its suppliers from any and all loss, cost, liability, and expense arising from or related to your data, your use of the Product, or your violation of these terms.

DigiSigner is for your personal or internal business use only and must be in compliance with all applicable DigiSigner policies, laws, rules and regulations. As well as this, no third party rights can be violated or infringed upon through use of DigiSigner. You may not use DigiSigner for any commercial purpose including but not limited to selling, licensing, providing services, or distributing DigiSigner to any third party unless you have received the express written consent of DigiSigner beforehand.

Any unauthorized use of any DigiSigner computer system will be considered a violation of these Terms and may also violate certain national or EU laws. Such violations may subject the unauthorized user and his or her agents to civil and criminal penalties. DigiSigner may immediately remove any content or data, or suspend or cancel accounts if it becomes aware of any misuse or illegal actions associated with an account or user, without prior notice to You.

While using DigiSigner you are prohibited from abusing the rights and privacy of any other user. In addition you are not allowed to copy or upload files, run any vulnerability or authentication tests. You are strictly forbidden from sending any viruses, spam or malware, or disrupting the site or flow of information in any way. You must not use any offensive or unlawful material or publish anything misleading or fraudulent in nature.

Changes to DigiSigner Products and Terms

DigiSigner reserves the right to change any part of its service without prior notice and at any time without liability to you. This Agreement, as amended, will be effective upon use of the DigiSigner for all existing users immediately after posting of any amended terms on the DigiSigner website. You agree to be bound by this Agreement, as modified. Any break to these clauses will result in your account being terminated.

You are advised to review the most current version of this Agreement from time to time, located at https://www.digisigner.com/terms.html (or such successor URL as DigiSigner may provide), so that you will be apprised of any changes.

License to DigiSigner

Subject to the terms and conditions of this Agreement, DigiSigner grants you a non-exclusive, non- transferable, limited and revocable license to use the Product for the sole and exclusive purposes of your personal or internal business purposes. The Product and their structure, organization, source code, and documentation belong solely to DigiSigner and its licensors, and accordingly you agree not to allow third parties to sublicense, transfer, or distribute any part of the DigiSigner service to any third party. You are not allowed to modify, adapt or translate any part of this service, or in any way act to derive source code from the Product.

Renewals

You agree that DigiSigner retains the right to automatically and without notice renew your license to continue to use the Product upon expiration of your license period. You agree that if you elect to not permit DigiSigner the right to automatically renew your license to use the Product or maintain your credit card information on file, then DigiSigner may terminate your license.

Intellectual Property & Copyright

You acknowledge that DigiSigner or third parties own all right, title and interest in and to the computer source code related to the Product, portions thereof, or software or content provided through or in conjunction with the Product, including without limitation all intellectual property rights. Except for the license granted in this section, all rights in and to the Product are reserved, and no implied licenses are granted by DigiSigner.

If you have comments on the Product or ideas on how to improve them, please email contact@digisigner.com. Please note that by doing so, you also grant DigiSigner a perpetual, fully paid, royalty-free, irrevocable, transferable license, with right of sublicense, to use and incorporate your ideas or comments into the Product (or third party software, content, or services), and to otherwise exploit your ideas and comments, in each case without further compensation. When using DigiSigner, you must respect the intellectual property rights of others. We will respond to any notice of alleged copyright infringement if they comply with the law and are properly reported to us. We reserve the right to delete or disable content alleged to infringe.

Pricing Terms and Conditions

Free Accounts

DigiSigner offers a free account option. DigiSigner reserves the right to change the free account structure or terminate free accounts at any time.

Billing

Premium fees for upgraded accounts (Pro Accounts) will be billed from the date you elect, or convert to, a Pro Account and on each renewal thereafter unless and until you cancel your Pro Account. DigiSigner will automatically bill you by credit card or otherwise if agreed upon each period on the anniversary of the commencement of your Pro Account. You acknowledge that the amount billed in any given period may vary for reasons that include, differing amounts due to promotional offers, differing amounts due to changes in your account, or changes in the amount of applicable sales tax, and you authorize us to charge you for such varying amounts. All fees and charges are non-cancelable and non-refundable, and no credits will be given for partially used periods, unless otherwise agreed to.

If any fee is not paid in a timely manner, or DigiSigner is unable to process your transaction using the information provided, DigiSigner reserves the right to revoke access to your DigiSigner account. DigiSigner reserves the right to use our discretion to delete some or all of your data in order to prevent incurring continued costs after 30 days of delinquency.

DigiSigner may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by email or on the website. If you want to use a different payment method, you may edit your information by contacting a support representative. It is your responsibility to keep your contact information and payment information current and updated.

Cancelling Your Pro Account

Your Pro Account will continue in effect unless and until you cancel your Pro Account or we terminate it. You must cancel your Pro Account before it renews each month or year in order to avoid billing of the next month’s or year’s fees to your credit card. DigiSigner will bill the monthly or yearly fees associated with your Pro Account plus any applicable tax to the credit card you provide to us.

You may cancel your Pro Account at any time, and cancellation will be effective immediately. If you wish to cancel your Pro Account you may do so by talking to a representative. Refunds will not be issued on monthly or annual fees due to cancellation.

By signing up for a DigiSigner Pro Account and providing DigiSigner with your payment account information, you hereby agree to these payment terms and conditions.

Terminating Your Account

This Agreement is effective upon any use and remains in effect until your account is terminated. Terms that by their nature extend beyond termination shall survive termination of this Agreement. Failure to comply with any terms herein will result in automatic account termination. You agree to stop using all services upon termination of account. DigiSigner reserves the right to refuse or discontinue participation to any user at any time at its sole discretion. Upon termination of agreement DigiSigner will allow access to your data for a period of 15 days after termination but reserves and notes that it is not legally obliged to do so.

Disclaimer of Warranties

THE PRODUCTS AND ANY THIRD PARTY SOFTWARE AND SERVICES ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. DIGISIGNER AND SUCH THIRD PARTIES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS AND ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE PRODUCTS, SOFTWARE AND SERVICE AND SUCH THIRD PARTY SOFTWARE OR SERVICES.

YOU UNDERSTAND AND AGREE THAT YOU USE THE PRODUCT, AND ALL THIRD PARTY SOFTWARE OR SERVICES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE PRODUCT, AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE PRODUCT AND SUCH THIRD PARTY SOFTWARE AND SERVICES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, AND WHERE THAT IS IN EFFECT, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL DIGISIGNER, OR ITS SUPPLIERS, RESELLERS, PARTNERS OR THEIR RESPECTIVE AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO THE PRODUCT, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF COPY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).

WITHOUT LIMITING THE FOREGOING, THE TOTAL AGGREGATE LIABILITY OF DIGISIGNER, AND ITS SUPPLIERS, RESELLERS, PARTNERS AND THEIR RESPECTIVE AFFILIATES ARISING FROM OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED (i) US$25 IF NO AMOUNTS HAVE BEEN PAID BY YOU TO DIGISIGNER OR (ii) THE AMOUNT PAID BY YOU FOR COPY IN THE THREE MONTH PERIOD IMMEDIATELY PRIOR TO THE CLAIM.

THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE PRODUCT, FROM INABILITY TO USE THE PRODUCT, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE PRODUCT (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR DEATH OR BODILY INJURY OR THE LIMITATIONS ABOVE AND IN THOSE JURISDICTIONS THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Governing Law, Dispute Resolution, and Venue

The terms and use of DigiSigner, product and software, are governed by German law. Any litigation arising from use of DigiSigner will be done through German courts. As with all terms and conditions, use of DigiSigner constitutes agreement to same.

If a provision is found unenforceable the remaining provisions of the Agreement will remain in full effect and an enforceable term will be substituted which as closely as possible reflects DigiSigner intent.

Entire Agreement and Assignment

These terms and conditions include DigiSigner privacy policy and constitutes the entire agreement between all parties respecting the subject matter herein and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding DigiSigner. DigiSigner’s failure to enforce a provision is not a waiver of its right to do so later. Any waiver of any provision of this Agreement will be effective only if in writing and signed by DigiSigner. No rights may be transferred or assigned under this Agreement by you but you acknowledge and agree that DigiSigner may freely assign its rights and obligations and this Agreement. Any attempted assignment or transfer in violation of the foregoing will be null and void.

Inquiries

All inquiries to DigiSigner about the Terms should be made by emailing contact@digisigner.com.

DigiSigner Privacy Policy

Last Modified: December 2017

The proprietor and operator of the DigiSigner Website at www.digisigner.com (hereinafter the “Website”) is DigiSigner GmbH (hereinafter “DigiSigner”, “We” or “Us”). This Privacy Policy explains the practices and policies of DigiSigner with regard to the collection, protection, usage and disclosure of information within our DigiSigner Service (“Service”).

DigiSigner takes your privacy very seriously. We ask that you read this Privacy Policy carefully as it contains important information about what to expect when DigiSigner collects personal information about you and how DigiSigner manages your personal information.

We are committed to safeguarding the privacy of the users of our website (hereinafter the “User(s)” or “You”), who can use the DigiSigner service (hereinafter the “Service”) through the Website on any device (hereinafter the “Device”), such as, but with no limitation to, desktop computers, laptop computers and tablets as well as mobile phones.

This Privacy Policy applies to the information We collect about visitors to the Website and Users who use the Service by contracting the Service.

We want to assure You that your information and data is safe with Us. We do not sell your information to anyone whatsoever. We ensure complete secrecy and privacy of your data entrusted to Us.

The Service is not intended for use by persons under 18 years of age. In any case of such person providing their personal information We reserve the right to remove it from the Website and the Service.

The information We collect about You

Personal information means any information that may be used to identify an individual, including, without limitation, name and surname, address, telephone number and email address (hereinafter the “Information”). You can browse the Website without revealing any personal Information about Yourself.

When You create an account on the Website (hereinafter the “User Account”) You provide Us with some of your personal Information such as your email address.

We use 2Checkout (www.2checkout.com), a secure payment service, to process your payments. 2Checkout collects all the information with regard to your payment:

A. full name
B. address
C. email
D. credit card number
E. card expiration date
F. card security code
E. card holder name
In case of MasterCard and VISA, the credit card data is not stored on 2Checkout servers. If the cards are issued under the brand of other organizations, this information is stored encrypted using popular encryption algorithms and 2Checkout own algorithms.

In case of other payment methods other information required for payment can be requested.

After the payment is complete, DigiSigner would be able to view your personal information, such as, but not limited to, your full name, address and last four digits of the credit or debit card the payment was made with.

While using the Service We automatically record information from your Device and its software as well as your activity using the Service, including, but with no limitation to, your Device Internet Protocol address (hereinafter the “IP address”), Device type, language, the Web page visited before and after you were redirected or came to the Website, timezone, identification numbers associated with your Device(s), browser type and version, your locale preferences and other interactions with the Service. We log this information and use it in order to improve the functionality of the Service.

We use SendGrid service (www.sendgrid.com), an email service provider, for delivering email messages. SendGrid has a strict policy about how they store and protect email addresses and content of email messages. For information about SendGrid’s privacy policy, please click here.

Why and how We collect and use the information about You

We gather the Information about you through the Website. We might use this Information to allow Us to:

A. provide You with the Service
B. create your User Account
C. communicate with you on any matter related to your User Account and the provision of the Service
D. administer the Website and business
E. personalize the Website and the Service for You
F. send statements and payment reminders to You, and collect payments from You
G. send You communications related to your User Account and payments
H. send You non-marketing commercial communications
I. send You notifications such as software updates or notifications related to your purchases, changes to our policies, or changes to the Service
J. send You marketing communications relating to Our business further specified in this Privacy Policy
K. provide third parties with statistical information about the Users of the Website (those third parties will not be able to identify any individual User from that information)
L. deal with enquiries and complaints made by or about You relating to the Website and the Service
M. keep the Website secure and prevent fraud
N. verify compliance with the Terms of Service governing the use of the Website
We also save the signatures You create by signing the documents in a digitalized form in order to facilitate the use of the Service so You do not have to recreate your signature every time You sign a documents as well as to prove that a particular signature has been created by a particular person in an event of a potential conflict.

We may retain your Information for any future orders and in order to contact You about other products and services We think may be of interest to You. You can opt out from receiving these communications by unsubscribing from our newsletter emails or contacting Us at contact@digisigner.com.

When you invite another person to sign the document via the Service, you may provide us with that person e-mail address, which would be stored by Us. Likewise, other people may provide Us with your e-mail address in a similar manner.

From time to time We may provide your Information to our customer service agencies for research and analysis purposes so that We can monitor and improve the Service. This Information will not include any information You might be identified by. We, Our agents and sub-contractors may also contact You by post, email or telephone to ask You for your feedback and comments on Our services.

We will disclose Information about You only when the disclosure is required or authorized by law or by this Privacy Policy or when We determine that it is reasonably necessary to protect other Users. At times your personal information may be disclosed to strategic partners and service providers that work with Us to provide or market the Service; for instance We use third parties to process credit card details for payment purposes.

We will use contractual or other means to provide a comparable level of protection while the information is being processed by a third party.

If your personal information is at any time merged with your non-personal information, such merged information will be treated as personal information under this Privacy Policy for as long as it remains merged.

“Non-Personal Information” is information that does not permit identification of any specific person. We may collect, use, transfer, and disclose Non-Personal Information, (not including your Private Files).

Collection and Storage and Use of Private Files

The Service allows you to store your private files (hereinafter the “Private File(s)”), which are not made public and not intended to be made public via the Service. You agree that You are a sole owner of your Private Files and no other User or third party has a legitimate copyright or property claim against such Private Files.

We collect and store the Private Files You use within the Service, including files uploaded, imported from external services like Google Drive or Dropbox, downloaded, accessed, sent and shared by You. We may associate all or part of any Private File You use within the Service with any part or all of other files used within the Service by You or other Users for the purpose of eliminating unnecessary duplicate storage.

We access your uploaded file information, such as but not limited to file extensions, sizes, thumbnails, modified dates, for the purpose of providing system maintenance, management, and technical support.

Promotional

We may also provide You with information about special features of the Website or any other service or products We think may be of interest to You. If You would rather not receive this information, please send an email to contact@digisigner.com. If You agree to Us providing You with promotional information, You can always opt out at a later date.

We may also want to provide You with related information from third parties We think may be of interest to You. If You would rather not receive this information, please send an email to contact@digisigner.com. If You agree to Us providing You with third party marketing information, You can always opt out at a later date by sending an email to contact@digisigner.com.

How We protect your Information

We will take reasonable technical and organizational precautions to prevent the loss, misuse, theft, unauthorized access, destruction or alteration of Your personal information, non-personal information as well as Files. We will store all the personal information you provide on our secure (password-protected) servers. We also have put in place security procedures as well as technical and organizational measures to safeguard your personal information. When you enter personal information, We encrypt the transmission of that Information using socket layer technology (SSL). It is your responsibility to use a browser that is SSL-enabled, such as Chrome, Firefox, Safari or Internet Explorer when your personal information is transmitted over the Internet.

We will use all reasonable efforts to safeguard your personal information. However, you should be aware that the use of the Internet is not entirely secure and for this reason We cannot guarantee the security or integrity of any personal information which is transferred from You or to You via the Internet. Should We become aware of an external attack or illegal action, We will notify You.

Some features of the Service allow You to send files, personal information, non-personal information as well as Private Files. By using such features You may share the aforementioned information with other Users, which can read, use and collect that information. You are solely responsible for the information You choose to disclose in such way.

You are solely responsible for keeping your password and other login details confidential. We will not ask you for your password (except when You log in to the Website).

Overseas transfers

Due to the global nature of the Internet the Information you provide may be transferred to countries outside the European Economic Area (‘EEA’) that do not have similar protections in place regarding your data and restrictions on its use as set out in this Privacy Policy. However, We take steps to make sure adequate protections are in place to ensure the security of your Information. By submitting your Information you consent to these transfers for the purposes specified above. The Website is hosted by eApps that adheres to Safe Harbor Privacy Principles.

Access to your Information and updating and correcting your Information

You warrant that the Information which You are required to provide when you register with Us is true, accurate, current and complete in all respects. You agree not to impersonate any other person, whether legal or natural or to use a fictitious name or a name that You have no authorization to use. We want to ensure that your personal information is accurate and up to date. If any of the Information that You have provided to DigiSigner changes or if You wish to cancel your User Account, please let Us know the correct details by sending an email to contact@digisigner.com. You may ask Us, or We may ask You, to correct Information You or We believe might be inaccurate, and You may also ask Us to remove Information which is inaccurate.

Your personal information may be retained for as long as it is necessary to comply with this Privacy Policy unless a longer retention period is required or permitted by law.

You may exercise your rights of access, request of correction, erasure and objection or revoke your consent for receipt of commercial communications by sending an email to contact@digisigner.com.

You have the right to request a copy of the Information that We hold about You. If You would like a copy of some or all of your personal information, please send an email to contact@digisigner.com.

Cookies

The Website use cookies to improve the User experience.

Google Analytics

If you have given your consent, Google Analytics, a web analysis service of Google LLC (“Google”) is used on this website. This makes it possible to assign data, sessions and interactions across multiple devices to a pseudonymous user ID and thus analyze a user’s activities across devices.

Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyze how users interact with the site. The information generated by the cookie about your use of this website is usually transferred to a Google server in the USA and stored there. Google will reduce your IP address within Member States of the European Union or in other states party to the Agreement on the European Economic Area beforehand. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. We would like to point out that on this website Google Analytics has been extended to include IP anonymisation in order to ensure anonymous collection of IP addresses (so-called IP masking). The IP address transmitted by your browser in the context of Google Analytics is not merged with other Google data. For more information on terms of use and data protection, please visit https://www.google.com/analytics/terms/gb.html or https://policies.google.com/?hl=en.

Purposes of the Processing
On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on website activity and to provide the website operator with other services related to website and Internet use.

Legal Basis
The legal basis for the use of Google Analytics is your consent in accordance with Art. 6 para. 1 lit. a GDPR.

Recipients or Categories of Recipients
The recipient of the collected data is Google.

Transfer to Third Countries
Personal data will be transferred to the USA under the EU-US Privacy Shield on the basis of the European Commission’s adequacy decision. You can download the certificate here.

Duration of Data Storage
The data sent by us and linked to cookies, user-identifiers (e.g. User-IDs) or advertising-identifiers are automatically deleted after 14 months. Data whose retention period has been reached is automatically deleted once a month.

Rights of the Persons affected
You can revoke your consent at any time with effect for the future by blocking the storage of cookies by setting your browser software accordingly; however, we would like to point out that in this case you may not be able to use all functionalities of this website to their full extent.

You can also prevent Google from collecting the data generated by the cookie and relating to your use of the website (including your IP address) and from processing this data by Google by downloading and installing the Browser Add-on. Opt-out cookies will prevent future collection of your data when you visit this website. To prevent Google Analytics from collecting data across different devices, you must opt-out on all systems used.

Third party links

Occasionally, at our discretion, We may include or offer third party products or services on our website. These third party sites have separate and independent privacy policies and are out of Our control. We therefore have no responsibility or liability for the content and activities of these linked sites and therefore recommend to read terms and policies thereon. Nonetheless, We seek to protect the integrity of our site and welcome any feedback about these sites.

Sale of business

If DigiSigner business is sold or integrated with another business your Information may be disclosed to our advisers and any prospective purchasers and their advisers and will be passed on to the new owners of the business.

Your consent

By using the Service, visiting the Website, contacting Us through the Website, submitting your personal information, creating an account and placing orders You consent to the use of that Information as set out in this Privacy Policy and the Terms and Conditions. By submitting your Information You can censor the use of that Information as set out in this Privacy Policy.

Modifications to Privacy Policy

We keep the Privacy Policy under regular review. If We amend our Privacy Policy the relevant modified version will be posted on this page. We may also place notices on other pages of the Website so that you may become aware of the Privacy Policy modification.

How to contact DigiSigner

We welcome your views and suggestions about our Website, Service, Products and this Privacy Policy. If You would like to contact us with any queries or comments please send an email to contact@digisigner.com.