Terms of Service

DRAFT — pending legal review Effective date: [effective date — set when counsel approves this draft] Contact: access@essentialworktools.com Draft pending legal review. This is not legal advice, and it is not in effect until counsel approves it. These Terms of Service cover TrueSign, software for preparing, sending, and signing documents electronically. TrueSign is the operator of the service. A business that opens an account is the customer. A person who is asked to sign is a signer. If you use TrueSign for your business, you are the customer. If you opened a link to sign a document, you are a signer. These terms apply to both. A customer may replace this text for documents it sends. If it has, that wording is what signers of those documents see, and these instance terms still govern use of the TrueSign service itself. The service TrueSign stores documents, collects signatures and field values, keeps an audit trail, and emails the people the customer names. The customer chooses the documents, the recipients, and the branding signers see on a request. Accounts and customer responsibilities The customer is responsible for its users, for the accuracy of what it uploads, and for having the right to send each document to the people it names. Keep passwords private. Tell TrueSign if you believe an account is being misused. You must be allowed to sign for yourself, or for the business you name, before you apply a signature. Electronic records and signatures Signatures collected through TrueSign are intended to be electronic signatures under the U.S. ESIGN Act and the Uniform Electronic Transactions Act (UETA). Before signing, the signer must be able to open and keep a copy of the electronic document. Checking the consent box and signing means the signer agrees to use electronic records and electronic signatures for that transaction, and agrees that the signature is meant to be as binding as an ink signature. The signer may ask the sender for a paper copy. The signer may withdraw consent to proceed electronically before signing, by declining the request. Declining stops the signature. It does not by itself erase a document the customer is required to keep. After signing, a request for paper or a question about the document goes to the customer who sent it. Acceptable use Do not use TrueSign to break the law, to impersonate someone, to send documents you have no right to share, to interfere with the service, or to probe or overload it. Do not upload malware. TrueSign may suspend an account or void a document that breaks these rules. Signer data: controller and processor For information about signers that a customer uploads or collects through a document, the customer is the data controller. The customer decides what to send and why. TrueSign is the processor of that signer data. TrueSign handles it to provide the service on the customer's instructions, including storing the file, showing it to the named signers, writing the audit trail, and emailing the finished PDF. What is collected TrueSign collects and stores account names and email addresses; signer and copy-recipient names and email addresses; the documents and the values typed into fields; IP address, user agent, and device information shown by the browser; timestamps; document hashes; and the append-only audit trail of actions on a document. In-person signing also records the host user on that device. Email and hosting TrueSign sends email through Resend, an email processor. The application is hosted on Railway. Those providers process the message contents and the files needed to deliver the service. TrueSign does not sell signer information. Retention Completed documents are kept according to the sending organization's retention setting. The default is to keep them until the customer sets a limit. If a limit is set, the PDF and stored field values can be removed after that many days. The audit trail is kept so the hash chain stays intact. A customer can also keep its own copies of downloaded files. Security TrueSign uses access controls, encrypted storage for secrets such as webhook signing keys and certificate passwords, and an append-only hash chain on the audit trail. No method of storage or transmission is perfectly secure. No warranty and limitation of liability The service is provided as available. TrueSign does not warrant that signatures will be accepted by every court, agency, or counterparty, that email will arrive, or that the service will be uninterrupted. To the fullest extent the law allows, TrueSign is not liable for indirect, incidental, special, or consequential damages, or for lost profits, lost deals, or lost data. TrueSign's total liability for a claim relating to the service is limited to the amount the customer paid TrueSign for the service in the three months before the claim, or fifty U.S. dollars if the customer paid nothing. These limits do not apply where the law does not allow them, including liability that cannot be waived for fraud or willful misconduct. Termination The customer may stop using the service at any time. TrueSign may suspend or close an account that breaks these terms, or that poses a security risk, with notice when that is practical. Sections that should survive ending the account, including the audit record, acceptable use, and the limits on liability, still apply. Governing law These terms are governed by the laws of the State of Oregon, without regard to conflict-of-law rules. Disputes will be brought in the state or federal courts located in Oregon, and the parties consent to that venue. Changes TrueSign may update this draft. The effective date above will be filled in when a reviewed version is published. Continued use after that date is acceptance of the updated terms. A signature already collected keeps the consent text stored in its audit record. Contact Questions about these terms: access@essentialworktools.com Questions about a document you were asked to sign: contact the business that sent it.