Terms of Service

1. Acceptance of Terms

By accessing or using SignShield ("Service"), operated by EchoForgeX LLC ("Company", "we", "us"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.

If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and "you" refers to both you individually and that organization.

You must be at least 18 years old to use this Service. By using SignShield, you represent and warrant that you meet this age requirement.

2. Description of Service

SignShield is a multi-tenant SaaS platform that enables businesses to:

• Create and manage customizable waiver templates
• Collect legally-binding electronic signatures with optional video consent verification
• Organize events and track participant waiver status
• Generate PDF records with signature, timestamp, and video evidence
• Send automated signing links and reminder emails
• Use kiosk mode for on-site waiver collection

The Service is provided on a subscription basis with various plan tiers offering different features and usage limits. Current plans and pricing are available at signshield.io/pricing.

3. Account Registration

To use SignShield, you must create an account and provide accurate, complete, and current information. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access or security breach
• Keeping your account information up to date

Each business entity may maintain one tenant account. Multiple accounts for the same business are not permitted without prior written authorization.

We reserve the right to refuse service, terminate accounts, or cancel orders at our sole discretion.

4. Subscription Plans & Billing

SignShield offers multiple subscription tiers with varying features and usage limits. By subscribing to a paid plan, you agree to:

• Pay all applicable fees as described in your selected plan
• Provide valid payment information
• Authorize recurring charges based on your billing cycle (monthly or annual)

4.1 Free Trial

We may offer a free trial period. At the end of the trial, you will be automatically enrolled in the free plan unless you choose to upgrade.

4.2 Payment

Payments are processed securely through Stripe. You authorize us to charge your payment method on file for all applicable fees. Fees are non-refundable except as required by law or as described in our refund policy.

4.3 Plan Changes

You may upgrade your plan at any time; the change takes effect immediately, with prorated charges. Downgrades take effect at the start of the next billing cycle and may result in loss of access to certain features or reduced usage limits.

4.4 Refund Policy

We offer a 30-day money-back guarantee on paid plans for first-time subscribers. Contact support@signshield.io within 30 days of your first payment to request a refund.

5. Acceptable Use Policy

You agree to use SignShield only for lawful purposes and in accordance with these Terms. You may NOT:

• Use the Service for any illegal activity or in violation of any applicable laws
• Upload malicious code, viruses, or harmful content
• Attempt to gain unauthorized access to our systems or other users' accounts
• Interfere with or disrupt the Service or servers
• Create waivers for illegal activities or purposes
• Collect signatures from minors without proper parental or guardian consent where required by law
• Use the Service to harass, abuse, or harm others
• Scrape, data-mine, or use automated means to access the Service without permission
• Sublicense, resell, or redistribute the Service without authorization

We reserve the right to investigate and take appropriate action against anyone who violates this policy, including suspending or terminating accounts.

6. Waiver Content & Liability

Important: You are solely responsible for the content of your waiver templates and their legal enforceability in your jurisdiction.

SignShield provides a platform for collecting electronic signatures and video consent. We do NOT:

• Provide legal advice of any kind
• Guarantee the enforceability of any waiver in any jurisdiction
• Review waiver content for legal compliance or accuracy
• Accept liability for claims arising from your waiver content
• Represent that electronic waivers are valid substitutes for paper waivers in all situations

We strongly recommend having your waiver templates reviewed by qualified legal counsel before use. Electronic signature and waiver laws vary by jurisdiction and industry.

7. Data & Privacy

Your use of SignShield is also governed by our Privacy Policy, which describes how we collect, use, store, and protect your data and the data of your signers.

As a tenant business using SignShield, you are responsible for:

• Ensuring your use of SignShield complies with applicable privacy laws (GDPR, CCPA, etc.)
• Obtaining necessary consents from signers before collecting their data
• Providing appropriate privacy notices to your signers
• Responding to data subject requests from your signers

8. Data Processing Terms (DPA)

This section constitutes the Data Processing Agreement between you and SignShield for purposes of GDPR and other applicable data protection laws:

8.1 Roles and Responsibilities

For the purposes of data protection law:

• You (Customer) are the Data Controller for signer personal data collected through your waivers
• SignShield (EchoForgeX LLC) is the Data Processor, processing personal data on your behalf and according to your instructions

SignShield is the Data Controller for your tenant account data and billing information.

8.2 Processing Scope

SignShield processes personal data only as necessary to provide the Service and as documented in this Agreement. We process data based on your instructions (this Agreement) and do not sell, rent, or share signer data for marketing or other purposes unrelated to providing the Service.

8.3 Sub-processors

You authorize SignShield to use sub-processors as listed in our Privacy Policy. We will notify customers of material changes to sub-processors via email at least 30 days in advance.

8.4 Security Measures

SignShield implements appropriate technical and organizational security measures, including:

• Encryption in transit (TLS 1.2+) and at rest
• Access controls and role-based authentication
• Regular security audits and vulnerability assessments
• Employee training on data protection and security
• Incident response procedures

8.5 Data Breach Notification

In the event of a confirmed data breach affecting your data, SignShield will notify you within 72 hours of becoming aware of the breach, providing:

• Description of the nature of the breach
• Categories and approximate number of records affected
• Measures taken or proposed to address the breach
• Contact point for further information

8.6 Data Subject Requests

SignShield will assist you in responding to data subject requests (access, rectification, erasure, portability, restriction, objection) to the extent technically feasible. We will notify you promptly of any requests received directly from data subjects.

8.7 Data Deletion

Upon termination of your account:

• You have 30 days to export your data
• Your data will be deleted within 90 days of termination
• Deletion may be delayed where retention is required by law

8.8 Audit Rights

Enterprise customers may request compliance documentation and, upon reasonable notice and subject to confidentiality obligations, conduct audits or inspections related to SignShield's data processing activities.

8.9 International Transfers

Where personal data is transferred internationally, such transfers are governed by Standard Contractual Clauses (SCCs) or other approved transfer mechanisms as applicable under relevant data protection laws.

Enterprise DPA: Customers requiring a standalone Data Processing Agreement may contact legal@signshield.io.

9. Intellectual Property

9.1 SignShield Ownership

The Service, including all software, source code, designs, trademarks, logos, and documentation, is owned by EchoForgeX LLC and protected by intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of our Service without permission.

9.2 Your Content

You retain ownership of your waiver templates, logos, branding, and other content you upload to SignShield. You grant SignShield a limited, non-exclusive license to use, store, and display this content solely to provide the Service.

9.3 Signer Content

Signatures, video recordings, and other data submitted by signers belong to the respective signers. You, as the tenant business, are the data controller for this content and are responsible for its lawful collection and use.

9.4 Feedback

If you provide feedback, suggestions, or ideas about the Service, you grant us a royalty-free, perpetual, irrevocable license to use and incorporate such feedback into our products and services.

10. Limitation of Liability

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SIGNSHIELD AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages
• Any loss of profits, revenue, data, or business opportunities
• The enforceability, validity, or legal effect of any waiver
• Actions, claims, or lawsuits by third parties against you
• Any unauthorized access to or alteration of your data
• Any interruption or cessation of the Service

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED THE GREATER OF: (A) THE AMOUNT PAID BY YOU FOR THE SERVICE IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

Some jurisdictions do not allow the exclusion of certain warranties or limitations on liability, so some of the above limitations may not apply to you.

11. Indemnification

You agree to indemnify, defend, and hold harmless SignShield (EchoForgeX LLC) and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

• Your use of the Service
• Your waiver content and templates
• Your violation of these Terms
• Your violation of any applicable laws or regulations
• Your violation of any third-party rights
• Claims by your signers or other third parties related to waivers you created or collected

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification, and you agree to cooperate with our defense of such claims.

12. Termination

12.1 Termination by You

You may cancel your subscription at any time through your account settings or by contacting support. Cancellation takes effect at the end of the current billing period; you will retain access until then.

12.2 Termination by SignShield

We may suspend or terminate your account immediately if you:

• Violate these Terms or our Acceptable Use Policy
• Fail to pay applicable fees
• Engage in fraudulent or illegal activity
• Pose a security risk to the Service or other users

We may also terminate accounts for any reason with 30 days written notice.

12.3 Effect of Termination

Upon termination:

• Your access to the Service will cease
• You will have 30 days to export your data (if termination was not for cause)
• Your data will be deleted within 90 days of termination
• Any outstanding fees remain due and payable
• Provisions of these Terms that by their nature should survive will survive termination

13. Dispute Resolution

13.1 Informal Resolution

Before initiating any formal legal proceedings, you agree to first contact us at legal@signshield.io to attempt to resolve the dispute informally. We will work in good faith to resolve any issues within 30 days.

13.2 Governing Law

These Terms and your use of the Service shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

13.3 Jurisdiction

Any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the federal or state courts located in Delaware, and you consent to the personal jurisdiction of such courts.

13.4 Class Action Waiver

To the extent permitted by law, you agree that any disputes will be resolved on an individual basis and that you waive any right to participate in a class action lawsuit or class-wide arbitration.

14. Changes to Terms

We may update these Terms from time to time to reflect changes in our Service, legal requirements, or business practices. When we make changes:

• We will post the updated Terms on this page
• We will update the "Last Updated" date at the top
• For material changes, we will send email notification to account holders at least 30 days before the changes take effect

Your continued use of the Service after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the new Terms, you must stop using the Service and cancel your account.

15. Contact Information

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

• Legal inquiries: legal@signshield.io
• General support: support@signshield.io
• Privacy requests: privacy@signshield.io