SelfieSign Terms and Conditions

Last modified date: October 20th, 2020

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INTRODUCTION

The SelfieSign Terms and Conditions (“Terms”) is a legal agreement that governs access and use of SelfieSign websites and services ("Services) provided by its company ThinkCloud ("Company", "we", "us" or "our") to an individual or a single legal entity ("Customers", "you" or "your").  

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We may modify these Terms so you should make sure to check this page from time to time. By using our Services, you are agreeing to be bound by these Terms and our Privacy Policy which explains how we collect and use your information. 

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1. Definitions

2. Services Provided To Users

3. Usage and Access Rights

4. Payment Terms

5. Term and Termination

6. Confidentiality

7. Warranties and Disclaimers

8. Indemnification Obligations

9. Limitation of Liability

10. Third Party Products and Content

11. Privacy Policy

12. Intellectual Property and Copyright

13. Governing Law, Dispute Resolution and Venue

14. Contact Us

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1. DEFINITIONS

• "Services" mean the website selfiesign.co, the web application, the iOS and Android mobile applications which may allow you to access and use SelfieSign. 

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• "Company," "we," "us,"or "our" refers to ThinkCloud, the company which owns and develops SelfieSign. 

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• "User", "Customer", "You" or "Your" means any registered user of SelfieSign, or his/her representatives or affiliates who are registered with the Services. 

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• "Content" includes any information, data, files, text, graphics and analytics generated, provided, inputted or made accessible by either You or us or our partners on the Services.

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2. SERVICES PROVIDED TO USERS

SelfieSign provides features and functionalities including: 

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• The ability for User to upload files that require signatures or information to be filled in ("Documents") 

• Add fields of information that need to be filled in such as name, date and signature 

• Identify and send Documents to a person or entity 

• The ability of the recipients of Documents to sign and fill in the information 

• Provide email updates and reminders to all parties involved in the execution of Documents 

• Share the fully signed and executed Documents with all involved parties, including details of date and time each signature was added

The Company reserves the right, in its sole discretion, to modify or replace all or any part of the Terms, add, change, suspend, or discontinue all or any part of the Services at any time by posting a notice on our Services and by sending You an email. Your continual use of SelfieSign following the posting of any changes to the Services constitutes Your acceptance of these changes. 

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Any information You provide to us for the purpose of registering and setting up your account shall be considered as accurate, complete and updated. You are solely responsible for the activity that occurs in Your account, maintaining the security of Your account, and the information you input. 

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We are not responsible for the accuracy or legitimacy of any information, data or Content posted or uploaded by You during Your usage of the Services. You understand and agree that the Company will not be responsible for any harm, damage, losses or costs incurred by You. 

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You will immediately notify us in writing of any unauthorized use of Your account, or any account-related security breach You are aware of, for us to work with You to restore the integrity and security of Your account and information.

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3. USAGE AND ACCESS RIGHTS

1. Eligibility to Use. You represent and warrant that you are (i) of legal age (18 years of age or older or otherwise of legal age in your resident jurisdiction) and competent to agree to these Terms; and (ii) you are not and will not when using the Services be located in, or a national or resident of a Taiwan embargoes country or territory. You acknowledge that you are not permitted to use the Services if you cannot make these representations. If ThinkCloud has previously prohibited you from accessing or using the Services, you are not permitted to access or use the Services. If you are agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity's behalf and bind them to these Terms.
    

2. Limited License. Upon your acceptance of these Terms, we grant you a limited, non-exclusive and non-transferable license to access and use the Services for your internal business purposes and only as expressly permitted in these Terms and any applicable paid user plan that enables the use of SelfieSign Services by an account (e.g., subscription plan). You shall not use or permit use of the Services for any illegal purpose or in any manner inconsistent with the provisions of these Terms. If you are or become a director competitor of ThinkCloud, you may not access or use the Services without ThinkCloud's explicit, written consent, and only for the purposes stated in writing. Any violation by you of the license provisions in these Terms may result in the immediate termination of your right to use the Services, as well as potential liability for copyright infringement or other claims depending on the circumstances. 

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4. PAYMENT TERMS

1. Subscription Plan. The prices, features and options of the SelfieSign Services depend on the subscription plan selected by User. We do not guarantee that your subscription plan will be offered indefinitely. We reserve the right to change the prices, features and options included in each subscription plan without notice, provided that such changes will not take effect until your next applicable subscription term.
    

2. Recurring Charges. By signing up for a subscription plan, User authorizes the Company to charge User's payment method on a recurring basis (e.g., monthly or yearly depending on User's subscription plan). User authorizes the Company to charge its payment method (e.g., a credit card) for the applicable subscription charges, any usage or overage charges, and any and all applicable taxes and fees. Such authorization is effective until the end of the subscription term and any applicable renewal term, or until User cancels all of its subscriptions.
    

3. No Refunds. User's payments are non-refundable and non-creditable, except where required by law. User will timely pay all fees associated with its subscription plan, account, or use of the Services. User's subscription plan may be upgraded, downgraded or cancelled, and such change takes effect at the end of your then-current subscription term. For example, once your cancellation is effective, your account will be preserved but will lose all features and functionalities associated with the subscribed plan. We reserve the right to suspend your account, or remove subscription features if your subscription payment is not paid on time. 
    

4. Late Fees and Collection Costs. If the Company does not receive payment from User's payment method, User agrees to pay all amounts due upon demand. Any amount not paid when due may be subject to service charges equal to 1.5% of the unpaid balance per month or the highest rate permitted by applicable law, whichever is less, determined and compounded daily from the date due till the date paid. You agree to reimburse ThinkCloud any costs or expenses incurred by ThinkCloud to collect any amount that remain unpaid when due. Amount due to ThinkCloud may not be withheld or offset by User against amount due for any reason.
    

5. Invoices. ThinkCloud will provide billing and usage information in a format we choose, and which may change from time to time. The Company reserves the right to correct any errors or mistakes it identifies even if it has already issued an invoice or received payment. User agrees to notify us about any billing problems or discrepancies within 30 days after they first appear on your invoice. If User does not bring such problems or discrepancies to our attention within 30 days, it agrees to waive its right to dispute such problems or discrepancies. 
    

6. Tax Responsibility. All payments required by these Terms include only the income tax, and the other taxes, duties, levies, imposts, fines, value-added taxes ("VAT"), goods and services taxes ("GST") are excluded, unless specified otherwise (collectively, “Taxes”). User is responsible for Taxes associated with its purchase of, payment for, access and use of the Services. User confirms that the Company can reply on the name and address specified in its registration for a subscription plan as being the place of Tax purpose. 

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5. TERM AND TERMINATION

1. Term. The period of effectiveness of these Terms ("Term"), with respect to the Services, begins on the date the User accepts it and continues until the User's subscription plan expires or its use of the Services ends as a result of termination. 
    

2. Subscription Term and Manual Renewals. Your subscription plan will renew on a monthly or annual basis, depending on the subscription method You choose. By purchasing a subscription plan, you agree to manually pay the then-current applicable fees associated with the subscription plan, unless, prior to the end of the current period of the effectiveness of the subscription plan, (i) you terminate your account; (ii) the Company declines to renew your subscription plan; (iii) these Terms are properly terminated.
    

3. Suspension of Services. ThinkCloud may suspend User's access and usage of the Services if (i) User's account is overdue; (ii) User has violated any portion of these Terms; or (iii) suspension is necessary to prevent harm or liability to the Services, other users or third parties, and to ensure the availability, stability, security and integrity of the Services. ThinkCloud will take efforts to notify User prior to such suspension unless (i) it is prohibited from doing so under applicable law or legal processes such as court or government orders; (ii) it is necessary to delay notice in order to prevent imminent damage to the Services.
    

4. Effect of Termination. Upon any expiration or termination of these Terms, User's license rights terminate and it must (i) stop usage of the applicable SelfieSign Services; (ii) delete or return at ThinkCloud's request any and all copies of any SelfieSign code, documentation, password or access codes, and any Confidential Information in User's possession, custody or control; and (iii) User's right to access any user data in the applicable SelfieSign Services will cease. ThinkCloud may delete user data at any time after 30 days from the date of termination. We will notify User 90 days, 30 days, 14 days, 7 days and 24 hours prior to the termination date for you to download and backup all of your documents.

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6. CONFIDENTIALITY

1. Confidential Information. "Confidential Information" means (i) for ThinkCloud, the SelfieSign Services and Documentation; (ii) for Customer and Customer Data; (iii) any other information of a party that is disclosed in writing or orally and is designated as confidential or proprietary at the time of disclosure (and, in the case of oral disclosures, summarized in writing within 30 days of the initial disclosure and delivered to the recipient), or that due to the nature of the information the recipient would clearly understand it to be confidential information of the disclosing party; and (iv) the specific terms and conditions of these Terms, and any amendment and attachment thereof, between the parties. 
    

2. Restricted Use and Nondisclosure. During and after the subscription term, the party receiving Confidential Information will (i) use the Confidential Information of the other party solely for the purpose for which it is provided; (ii) not disclose such Confidential Information to a third party, except on a need-to-know basis to its attorneys, auditors, consultants, and service providers who are under confidentiality obligations as restrictive as those contained herein; (iii) protect such Confidential Information from unauthorized use and disclosure to the same extent that it protects its own Confidential Information of a similar nature.  
    

3. Required Disclosure. If ThinkCloud is required by law to disclose Confidential Information, ThinkCloud will give prompt written notice to User before making the disclosure, unless prohibited from doing so by the legal or administrative process, and assist User to obtain where reasonably available an order protecting the Confidential Information from public disclosure. 
    

4. Ownership. ThinkCloud acknowledges that, as between the parties, all Confidential Information it receives from User is proprietary to and exclusively owned by User. Nothing in these Terms grants the Company any right, title or interest in or to any of the User's Confidential Information. ThinkCloud's incorporation of the disclosing party's Confidential Information into any of its own materials will not render Confidential Information non-confidential.  

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7. WARRANTIES AND DISCLAIMERS

All SelfieSign Services, documentation, and sites are provided "as is" and "as available." Your use of the SelfieSign Services, documentation, and sites shall be at your sole risk. Neither ThinkCloud nor its directors, employees, members, shareholders, partners, agents, affiliates, subsidiaries and licensors make any warranties, express or implied, statutory or otherwise, including but not limited to warranties of merchantability, title, fitness for a particular purpose, quality, accuracy and title, and do not warrant that SelfieSign Services will be timely, secure, uninterrupted or error-free. You will be solely responsible for any damage resulting from your use of the SelfieSign Services, documentation or site.

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8. INDEMNIFICATION OBLIGATIONS

User agrees to defend, indemnify and hold ThinkCloud, its affiliates, subsidiaries, directors, employees, agents, partners, suppliers, contractors and licensors harmless from any claim, liability, damage and costs, including reasonable attorneys' fees, relating to or arising from (i) User's access to and use of the Services; (ii) any violation of these Terms by User; (iii) infringement of any intellectual property or other right of any person by User; (iv) the nature and content of all User data processed by the Company; (v) any products or services purchased or obtained by User. 

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ThinkCloud retains the right to settle, compromise and pay, without User's prior consent, any and all claims or causes of action which are brought against us. ThinkCloud reserves the right, at User's expense, to assume the exclusive defense and control of any matter for which User is required to indemnity ThinkCloud and User agrees to cooperate with our defense of these claims. 

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User agrees not to settle any matter in which we are named as defendant and/or for which User has indemnity obligations without our prior written consent.

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The foregoing obligations shall survive the termination or expiration of this Terms or User's subscription.

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9. LIMITATIONS OF LIABILITY  

To the fullest extent permitted by law, in no event shall ThinkCloud, its directors, employees, agents, partners, sponsors, suppliers, licensors or resellers, be liable for any direct, indirect, incidental, special or consequential damages of any kind, including loss of profits, data, goodwill or opportunity or other tangible or intangible loss, that may result from any conduct by User or any third party through or on the Services, even if the Company has been informed in advance of the possibility of the aforementioned damages.

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10. THIRD PARTY PRODUCTS AND CONTENT  

We may provide, or third parties may provide, links to other third-party websites, services, or resources that are beyond our control. ThinkCloud is not responsible for these third-party products or content. We make no representations or warranties as to the quality, suitability, functionality, or legality or any third-party products or contents to which links may be provided, and you hereby waive any claim you might have against us with respect to such services. You understand and agree that we are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third-party products or content.

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11. PRIVACY POLICY 

You acknowledge that any information You provide to us or that we collect will be used as described in the Privacy Policy (https://selfiesign.co/privacy- policy). Please read the Privacy Policy carefully. 

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12. INTELLECTUAL PROPERTY AND COPYRIGHT 

User retains all copyright in and to the contents that User uploads on the Services. User grants the Company a non-exclusive, worldwide, royalty-free right and license to collect, use, copy, store, transmit, modify and create derivative works of the User data to the extent necessary to provide and enhance the Services or as otherwise described in these Terms and in the Privacy Policy. 

User understands and warrants that contents uploaded on the Services: 

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• Are owned by User, or if owned by someone else, User has obtained express permission for the content to be used and distributed 

• Do not violate any copyright, trademark, or other intellectual property right 

• Do not invade any individual's right of privacy and publicity 

• Do not violate the law, or any applicable regulation, rule or policy

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13. GOVERNING LAW AND DISPUTE RESOLUTION

This Terms and the relationship between User and the Company shall be governed by and interpreted with the laws of Taiwan, Republic of China (R.O.C.), excluding its conflicts of labor provisions. In the event if a dispute in relation to the Services, User agrees to be subject to the exclusive jurisdiction of the Taichung District Court in Taiwan, Republic of China (R.O.C.). 

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14. CONTACT US

If you have any inquiries about the Terms, contact us at support@selfiesign.co.

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