Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and UpVerify.net ("UpVerify," "we," "us," or "our") regarding your use of our electronic signature platform and related services (collectively, the "Service"). By accessing, using, or registering for our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

If you do not agree to these Terms, you must not access or use our Service. If you are using our Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

2. Description of Service

UpVerify provides a cloud-based electronic signature and document management platform that enables users to:

• Send, sign, and manage documents electronically
• Create and manage digital signatures
• Track document status and signing workflows
• Store and organize signed documents
• Integrate with third-party applications and services
• Access audit trails and compliance features

Our Service is designed to comply with electronic signature laws, including the Electronic Signatures in Global and National Commerce Act (E-SIGN), the Uniform Electronic Transactions Act (UETA), and international equivalents.

3. User Accounts and Registration

3.1 Account Creation

To access certain features of our Service, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Keep your login credentials secure and confidential
• Notify us immediately of any unauthorized use of your account
• Accept responsibility for all activities under your account

3.2 Account Eligibility

You must be at least 18 years old and have the legal capacity to enter into contracts to use our Service. By using our Service, you represent and warrant that you meet these requirements.

3.3 Account Termination

You may terminate your account at any time by contacting us. We may suspend or terminate your account if you violate these Terms or engage in prohibited activities.

4. Acceptable Use Policy

4.1 Permitted Uses

You may use our Service only for lawful purposes and in accordance with these Terms. You agree to use the Service in a professional and responsible manner.

4.2 Prohibited Activities

You agree not to use the Service to:

• Violate any applicable laws, regulations, or third-party rights
• Send spam, unsolicited communications, or engage in phishing
• Upload malicious software, viruses, or harmful code
• Attempt to gain unauthorized access to our systems or other users' accounts
• Interfere with or disrupt the Service or our servers
• Impersonate any person or entity or misrepresent your affiliation
• Collect or harvest personal information from other users
• Use the Service for fraudulent or deceptive purposes
• Reverse engineer, decompile, or attempt to extract source code
• Create derivative works based on our Service
• Use automated systems to access the Service without permission

4.3 Content Standards

All content uploaded to our Service must comply with applicable laws and must not contain:

• Illegal, harmful, or offensive material
• Copyrighted material without proper authorization
• Personal information of third parties without consent
• Confidential information that you are not authorized to share

5. Electronic Signatures and Legal Validity

5.1 Electronic Signature Consent

By using our electronic signature service, you acknowledge and agree that:

• Electronic signatures created through our platform have the same legal force and effect as handwritten signatures
• You consent to the use of electronic signatures, records, and disclosures
• You have the necessary hardware and software to access electronic documents
• You will notify us if your email address changes

5.2 Document Integrity

We use industry-standard security measures to ensure the integrity and authenticity of electronically signed documents, including digital certificates, audit trails, and tamper-evident seals.

5.3 Legal Compliance

While our Service is designed to comply with electronic signature laws, you are responsible for ensuring that your use of electronic signatures is appropriate for your specific legal requirements and jurisdiction.

6. Subscription Plans and Payment Terms

6.1 Subscription Plans

We offer various subscription plans with different features and usage limits. Current pricing and plan details are available on our website and may be updated from time to time.

6.2 Payment and Billing

• Subscription fees are billed in advance on a monthly or annual basis
• All fees are non-refundable except as required by law
• You authorize us to charge your payment method for all applicable fees
• You are responsible for all taxes associated with your use of the Service
• We may suspend your account for non-payment after reasonable notice

6.3 Free Trial

We may offer free trial periods for new users. Trial accounts may have limited features or usage restrictions. At the end of the trial period, you must subscribe to a paid plan to continue using the Service.

6.4 Price Changes

We reserve the right to modify our pricing with at least 30 days' notice to existing subscribers. Price changes will not affect your current billing cycle.

7. Intellectual Property Rights

7.1 Our Intellectual Property

The Service, including all software, content, trademarks, and other intellectual property, is owned by UpVerify or our licensors. You are granted a limited, non-exclusive, non-transferable license to use the Service in accordance with these Terms.

7.2 Your Content

You retain ownership of all documents and content you upload to our Service. By using our Service, you grant us a limited license to process, store, and transmit your content as necessary to provide the Service.

7.3 Feedback

Any feedback, suggestions, or ideas you provide to us may be used by us without restriction or compensation to you.

8. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our Service, you consent to our privacy practices as described in the Privacy Policy.

9. Service Availability and Modifications

9.1 Service Availability

We strive to maintain high service availability but cannot guarantee uninterrupted access. We may experience downtime for maintenance, updates, or due to factors beyond our control.

9.2 Service Modifications

We reserve the right to modify, update, or discontinue features of our Service at any time. We will provide reasonable notice of material changes that affect your use of the Service.

9.3 Third-Party Integrations

Our Service may integrate with third-party applications and services. We are not responsible for the availability, functionality, or terms of use of third-party services.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SERVICE IN THE 12 MONTHS PRECEDING THE CLAIM
• WE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• WE SHALL NOT BE LIABLE FOR LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES
• WE SHALL NOT BE LIABLE FOR DAMAGES RESULTING FROM UNAUTHORIZED ACCESS TO YOUR ACCOUNT
• WE SHALL NOT BE LIABLE FOR THIRD-PARTY ACTIONS OR CONTENT

11. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING:

• WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
• WARRANTIES OF NON-INFRINGEMENT
• WARRANTIES REGARDING SECURITY, RELIABILITY, OR AVAILABILITY
• WARRANTIES THAT THE SERVICE WILL MEET YOUR REQUIREMENTS
• WARRANTIES THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED

12. Indemnification

You agree to indemnify, defend, and hold harmless UpVerify, its officers, directors, employees, and agents from and against any claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Content you upload or transmit through the Service

13. Dispute Resolution

13.1 Governing Law

These Terms are governed by the laws of the State of Arizona, United States, without regard to conflict of law principles.

13.2 Dispute Resolution Process

Before filing any legal action, you agree to first contact us to attempt to resolve the dispute informally. If we cannot resolve the dispute within 60 days, either party may pursue formal legal action.

13.3 Jurisdiction

Any legal action related to these Terms must be brought in the state or federal courts located in Phoenix, Arizona, and you consent to the jurisdiction of such courts.

14. Electronic Communications

By using our Service, you consent to receive electronic communications from us, including:

• Service-related notifications and updates
• Account and billing information
• Legal notices and policy updates
• Marketing communications (if you opt in)

These electronic communications satisfy any legal requirement that communications be in writing.

15. Anti-Spam Compliance

We comply with the CAN-SPAM Act and other anti-spam laws. By using our Service to send documents for signature, you agree that:

• You will only send documents to recipients who have a legitimate business relationship with you
• You will not use our Service to send unsolicited commercial email
• You will comply with all applicable anti-spam laws and regulations
• You will provide accurate sender information in all communications

16. Severability

If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions will continue in full force and effect. The unenforceable provision will be replaced with an enforceable provision that most closely reflects the original intent.

17. Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and UpVerify regarding the Service and supersede all prior agreements and understandings.

18. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by:

• Posting updated Terms on our website
• Sending email notification to registered users
• Providing in-app notifications

Your continued use of the Service after the effective date of any changes constitutes acceptance of the updated Terms.

19. Contact Information

If you have any questions about these Terms of Service, please contact us: