Article 1 — Acceptance of Terms
By accessing or using ValidaSign (the "Service"), you agree to be bound by these Terms. If you do not agree, do not use the Service. "You" means the individual or entity using the Service. "We," "Us," or "Our" means VerityNHD, Inc. dba ValidaSign.
Article 2 — Description of Service
ValidaSign is an electronic signature platform that enables users to upload documents, designate signers, collect legally binding electronic signatures, and download completed documents. The Service operates on a credit-based billing model. ValidaSign is NOT a party to any agreement signed through the platform and does not provide legal advice.
Article 3 — E-SIGN Act & UETA Compliance
The Service facilitates electronic signatures in compliance with the U.S. Electronic Signatures in Global and National Commerce Act (E-SIGN Act, 15 U.S.C. §7001 et seq.) and the Uniform Electronic Transactions Act (UETA). By using the Service, you consent to conduct transactions electronically. You may withdraw this consent at any time by discontinuing use of the Service, but withdrawal does not affect the validity of signatures already collected.
E-SIGN §7001(c) disclosures:
- You consent to receive records electronically.
- You may withdraw consent by emailing legal@validasign.com.
- Withdrawal does not affect prior electronic records.
- You can obtain paper copies by contacting us.
- Hardware/software requirements: a modern web browser with JavaScript enabled and a valid email address.
- Consent applies to all transactions conducted through the Service.
Article 4 — Account Registration
You must provide accurate information. You are responsible for maintaining the confidentiality of your account credentials. You must be at least 18 years old. One account per person or entity is permitted unless authorized by us.
Article 5 — Credits, Billing & Payment
The Service uses a credit-based model. Credits are purchased in advance and consumed when documents are dispatched for signature. Credit prices are displayed at checkout and are subject to change with notice. All purchases are final — credits are non-refundable except where required by applicable law. Free-tier credits may be offered at our discretion and may be modified or discontinued at any time.
Article 6 — Document Handling & Storage
Documents uploaded to ValidaSign are stored securely and encrypted at rest. Completed documents are available for download for a minimum of 90 days after completion. We do not access, review, or use the content of your documents except as necessary to provide the Service, comply with law, or enforce these Terms. You are solely responsible for the content of documents you upload.
Article 7 — API & Partner Integration
ValidaSign offers an API for authorized partners. API access is governed by these Terms plus any separate API agreement. API keys are confidential — you are responsible for all activity under your API credentials. We reserve the right to rate-limit, suspend, or revoke API access for abuse or violation of these Terms.
Article 8 — Acceptable Use
You agree not to:
- Use the Service for any unlawful purpose.
- Upload documents containing malware or malicious code.
- Attempt to gain unauthorized access to the Service.
- Interfere with the Service's operation.
- Impersonate another person or entity.
- Use the Service to collect signatures on fraudulent documents.
- Resell access without authorization.
- Use automated tools to scrape or harvest data from the Service.
Article 9 — Intellectual Property
ValidaSign, its logo, and all associated branding are the property of VerityNHD, Inc. The Service's software, design, and content are protected by copyright and trademark law. Your documents and content remain your property — we claim no ownership. By uploading content, you grant us a limited license to process and store it solely to provide the Service.
Article 10 — Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not warrant that the Service will be uninterrupted, error-free, or secure. ValidaSign does not provide legal advice and does not guarantee that any electronic signature will be legally enforceable in any particular jurisdiction or context. You should consult with a qualified attorney regarding the enforceability of electronic signatures for your specific use case.
Article 11 — Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, VERITYNHD, INC. SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SERVICE. Our total aggregate liability shall not exceed the amount you paid to us in the 12 months preceding the claim. Nothing in this section excludes liability for fraud, gross negligence, willful misconduct, or death or personal injury caused by our negligence.
Article 12 — Indemnification
You agree to indemnify and hold harmless VerityNHD, Inc., its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from:
- Your use of the Service.
- Your violation of these Terms.
- Your violation of any third-party rights.
- The content of documents you upload or send for signature.
Article 13 — Dispute Resolution
These Terms are governed by the laws of the State of California without regard to conflict-of-law principles. Any dispute arising from these Terms or the Service shall be resolved by binding arbitration administered by JAMS in Orange County, California, under JAMS Streamlined Arbitration Rules. Either party may seek injunctive relief in any court of competent jurisdiction.
Class Action Waiver: All disputes must be brought in an individual capacity, not as a class or representative action.
Small Claims Exception: Either party may bring qualifying claims in small claims court.
30-Day Opt-Out: You may opt out of arbitration by sending written notice to legal@validasign.com within 30 days of first accepting these Terms.
Article 14 — Termination
We may suspend or terminate your account at any time for violation of these Terms. You may close your account at any time by contacting us. Upon termination:
- Your right to use the Service ceases immediately.
- Unused credits are forfeited unless termination is by us without cause.
- Completed documents remain available for download for 30 days after termination.
- Provisions that by their nature should survive termination (including intellectual property, disclaimers, limitation of liability, indemnification, and dispute resolution) shall survive.
Article 15 — General Provisions
- Entire Agreement: These Terms constitute the entire agreement between you and us regarding the Service.
- Severability: If any provision is found unenforceable, the remaining provisions continue in effect.
- Waiver: Failure to enforce any provision is not a waiver of that right.
- Assignment: You may not assign these Terms without our consent; we may assign freely.
- Notices: We may provide notices via email or through the Service.
- Force Majeure: We are not liable for delays caused by events beyond our reasonable control.
- Changes: We may update these Terms at any time. Material changes will be communicated via email or in-app notification at least 30 days in advance. Continued use after the effective date constitutes acceptance.
- Contact: legal@validasign.com — VerityNHD, Inc. dba ValidaSign, Rancho Santa Margarita, California.
