This Software License Services Agreement (the “Agreement”) is a legal agreement between you (“You”, “Your”, or “Customer”) and Syncfusion, Inc., a Delaware corporation with its principal place of business located at 2501 Aerial Center Parkway, Suite 200, Morrisville, North Carolina 27560 (“Syncfusion”). If you are acting as an individual, “You”, “Your”, or “Customer” will mean that You agree to be bound by these terms; otherwise, “You”, “Your”, or “Customer” means the business or other entity for which you are obtaining the Licensed Product and the organization or entity that will be granted the rights and abide by the restrictions of the Agreement.
These terms govern the use and access to the BoldSign program and the BoldSign site (collectively the BoldSign service). If You do not agree to these terms and conditions, do not continue to use or access the BoldSign service.
This Agreement is specific to BoldSign. This does not provide any license rights or service rights for any other Services. BoldSign is meant to be an electronic signature platform
Syncfusion licenses BoldSign with a monthly fee. Your right to use the BoldSign service is generally set forth in this Agreement.
If You are agreeing to this Agreement either on behalf of Yourself or a company or other legal entity, You represent that you have the authority to bind such entity. You must also be at least eighteen (18) years old to agree to these Terms. If You do not have such authority, are not at least eighteen (18), or if You do not agree with these Terms, you may not use the Services. If You or your organization are subject to the GDPR, You also accept our Data Processing Agreement, a copy of which can be obtained by contacting Syncfusion at firstname.lastname@example.org.
This Agreement is specific to BoldSign, hereafter in this agreement referred to as “the Licensed Product” or “the Services” or “Syncfusion’s BoldSign” or “BoldSign” or “Services”.
Syncfusion’s BoldSign provides You a e-signature Platform to electronically sign documents.
Carefully read all the terms and conditions of this Agreement prior to using the Licensed Product (as that term is defined below). This Agreement between You and Syncfusion sets forth the terms and conditions of Your use of the Licensed Product. For the purposes of this Agreement, the effective date of this Agreement shall be the earlier date upon which You click the “YES” button below or accessing the site
BY ACCESSING, USING, OR DOWNLOADING ANY MATERIALS FROM THE SITE, YOU AGREE TO FOLLOW AND BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED AND MUST CEASE USING THE SITE IMMEDIATELY.
BY CLICKING THE “YES” BUTTON, YOU ARE ACCEPTING ALL OF THE TERMS OF THIS AGREEMENT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE “NO” BUTTON AND DO NOT DOWNLOAD, ACCESS, INSTALL, OR OTHERWISE USE THE LICENSED PRODUCT.
AT SYNCFUSION’S SOLE DISCRETION SYNCFUSION MAY MODIFY OR CHANGE THE SITE TERMS AT ANY TIME. SUCH CHANGES COULD REFLECT THE CHANGE IN THE PRODUCT, UPDATES, FEATURES, A CHANGE IN LAW, OR IF SYNCFUSION BECOMES AWARE OF ADDITIONAL INFORMATION. YOU ACKNOWLEDGE AND AGREE YOU WILL REVIEW THE SITE ON A REGULAR BASIS. IF YOU CONTINUE TO USE THE SIGNING PLATFORM OR ACCESS THE SITE AFTER NEW TERMS ARE POSTED, YOU ARE BOUND BY SUCH NEW TERMS AND CONDITIONS.
IF AFTER READING THIS AGREEMENT YOU HAVE ANY QUESTIONS ABOUT THIS AGREEMENT, PLEASE CONTACT SYNCFUSION VIA EMAIL AT SALES@SYNCFUSION.COM OR BY TELEPHONE AT (888)-9DOTNET [888-936-8638].
For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by each of the parties to this Agreement, and intending to be legally bound, the parties hereby agree as follows:
This Agreement contains the entire understanding of Syncfusion and Customer and supersedes all prior written or oral communications between the parties with respect to the subject matter hereof. This Agreement does not operate as an acceptance of any conflicting terms and conditions and shall prevail over any conflicting provisions set forth in any Customer purchase order or any other instruments. By accessing the site, utilizing the signing platform or clicking the “YES” button below, Customer acknowledges that it has reviewed the terms and conditions of this Agreement and all terms incorporated by reference, and agrees to be legally bound thereby.
Syncfusion reserves the right, at its sole discretion, to modify, discontinue, or terminate the Services or to modify this Agreement at any time. These Terms can be viewed at any time at https://www.boldsign.com/terms-of-use. If we modify these Terms, we will provide You with notice of the modification. By continuing to access or use the Services after we have given notice of a modification to the Terms, You agree to be bound by the modified Terms. If the modified Terms are not acceptable to You, You agree to immediately stop using the Services.
2.1 Documentation means the softcopy documentation provided by Syncfusion with the Licensed Program(s), such as softcopy user manuals and online help.
2.2 Licensed Product means, collectively, the Licensed Program(s) and Documentation.
2.3 Licensed Program(s) means Syncfusion’s BoldSign as well as any updates or new versions of the same that may be delivered or made available by Syncfusion to Customer during the term of this license.
2.4 “Personal Data” means any information relating to an identified or identifiable natural person (“Data Subject”); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, or an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person and/or any data considered “personal data” and/or “personally identifiable information” by any data protection or privacy law or regulation.
2.5 User means (1) any individual who has been supplied with or obtained an account to access and use the Services on behalf of your organization, or (2) any individual who has been supplied with or obtained an account to access and use the Services on their own behalf. Users may include but are not limited to your employees, consultants, customers, contractors and agents, and third parties with whom You transact business. Anyone who can send documents for signatures or make customizations to any document sent for signature is considered a User
2.6 End User means any individual who has access to the Service for any purpose including but not limited to signing/viewing/reviewing/downloading documents that were sent to them or shared with them by a User. End Users may include but are not limited to your employees, consultants, customers, contractors and agents, and third parties with whom You transact business. End Users do not have an account on the Service.
2.7 Vendor(s) means the third parties that furnish Syncfusion with portions of the Licensed Program(s). Certain Vendor software is licensed to be used in conjunction with the Licensed Program(s) and not for any other use.
4.1 The service fee (“Service Fee”) is the aggregate of the monthly fees for the Services selected by Customer. Fees must be paid monthly to continue to possess, use, or access BoldSign as a User.
4.2 All payments under this Agreement shall be made in United States dollars. Charges will be based on the specific plan chosen by the Customer.
4.3 If You do not pay any monthly Service Fee covering a given period, Your account will be terminated.
4.4 Payment Terms. The payments made to Syncfusion shall be made on a recurring basis, and shall be charged in accordance with Your plan. All billing cycles are renewed automatically. Fees for the current cycle are based on the prevailing rate on the first date of such cycle according to the service selected.
4.5 All Fees are stated, and shall be paid, in U.S. Dollars, are non-refundable, and are exclusive of all taxes, levies, or duties, which are Your responsibility.
4.6 Withholding Taxes. If You are located in a jurisdiction which requires You to deduct or withhold taxes or other amounts from any amounts due to us, You must notify us in writing. In such a case, we reserve the right to assess the withheld amount or to increase the gross amount of the applicable payment so that, after the deduction or withholding for taxes, the net amount paid to us will not be less than the amount we would have received without the required deduction or withholding. The available payment methods and the required payment schedule are set forth in the Order Form.
4.7 Payment Processing. You agree to promptly notify us of any changes to Your billing information. In case You pay with a credit card, You hereby authorize us to charge Your credit card on a recurring basis for all applicable fees and to store Your credit card information on our servers and/or on third-party payment processing providers’ servers.
4.8 If You are invoiced, all amounts are payable within 30 days of receiving an invoice. Your payment may be processed through a third-party payment processing service, and additional terms may apply to such payments. We currently engage a third party for online payment processing services, and in addition to these Terms, You agree that such third-party terms and conditions shall apply to Your online payments of the Fees. We reserve the right to use other third-party payment processing services for such purposes in the future.
5.1 Subject to: (1) the terms and conditions of this Agreement, (2) continuous payment of the monthly Service Fee each User can use the Boldsign service to e-sign documents and to send documents for signature.
5.2 You are fully responsible for any Data you send. You are responsible for using competent professionals who understand the security risks associated with both the Data and this Platform.
6.1 Customer acknowledges and agrees that there are additional limitations on accessing the Services.
6.2 You may not, and shall not, allow any individual or any third party to: (i) give, sell, rent, lease, timeshare, sublicense, disclose, publish, assign, market, display, transmit, broadcast, transfer, or distribute any portion of the Service or the Sites to any unlicensed third party, including, but not limited to, your affiliates.
6.3 You may not allow any individual, entity, or third party to circumvent, disable, or otherwise interfere with security- related features of the Sites or Service or features.
6.4 You will ensure no individual, entity, or third party affects the security features, decompiles or disassembles, decrypts, or attempts to derive the source code of the Service or Sites, or any components thereof.
6.5 You will ensure no individual, entity, or third party copies, modifies, translates, patches, improves, alters, changes, or creates any derivative works of the Service or Sites, or any part thereof.
6.6 You will ensure no Users use any robot, spider, scraper, or other automated means to access or monitor the Service or Sites for any purpose.
6.7 You will ensure no individual, entity, or third party takes any action that imposes or may impose (at Syncfusion’s sole discretion) an unreasonable or disproportionately large load on the Syncfusion infrastructure or infrastructure which supports the Sites or Service.
6.8 You will ensure no individual, entity, or third party interferes or attempts to interfere with the integrity or proper working of the Service or Sites, or any related activities.
6.9 You will ensure no individual, entity, or third party uses any Syncfusion trademarks without our prior written consent.
6.10 You will ensure no individual, entity, or third party uses the Service or Sites to develop a competing service or product.
6.11 You will ensure no individual, entity, or third party uses the Service or Sites in any unlawful manner, for any harmful, irresponsible, or inappropriate purpose, or in breach of these Terms or any terms and conditions of any third- party product or service.
6.12 You will ensure each User has the proper licenses to use the mobile application, to include, but not limited to, Apple or Android licenses. Customer acknowledges and agrees that this license does not give any right to use any other mobile service, to include, but not limited to, Android, Google, Microsoft, IOS, or any license for any specific device.
6.13 Syncfusion reserves all rights to the Services not specifically granted herein.
You must ensure that all individuals who can access the Services keep their User IDs, passwords, other credentials for BoldSign strictly confidential and do not share any such information with any unauthorized person. In the event You become aware of any unauthorized use, You are solely responsible for notifying Syncfusion. You are solely liable for the security of Your User Name and Password.
Customer shall not allow more than one person to access a single account through any means including but not limited to shared credentials or shared permissions.
Account Registration. You will need to register for an account for the BoldSign Service in order to place orders or access or the Service. Any registration information that You provide to us must be accurate, current, and complete. You must also update Your information so that we may send notices, statements, and other information to You by email or through Your account. You are responsible for all actions taken through your accounts.
9.1 License. While using the Service, Users and End Users may transmit or store certain content, data, or information to the Service, such as documents, numbers, statistics, figures, representations, text, and information processed through the Service, or submissions made through the support for the Service (“Data”). The devices used for such submission and the methods of transmission are outside of Syncfusion’s control, and Syncfusion holds no liability in any form. Syncfusion has no liability in any form for any Data you share through the Service.
9.2 You must ensure that at all times Your use and storage are compliant with federal, state, and local laws and regulations. You represent and warrant that (1) You have obtained all of the necessary rights, releases, and permissions to provide any and all of Your Data to Syncfusion and (2) Your data was transferred with informed consent in such a way that does not violate any law or regulation or the rights of any third party. Syncfusion assumes no responsibility or liability for any of Your data, and You shall be solely responsible for the consequences or results of using, disclosing, storing, or transmitting it.
9.3 Responsibility. You represent and warrant that You have obtained the rights to all of the rights, including intellectual property rights, subsisting in the Data submitted by You, and You have the right to provide the Data and the license granted in these Terms to use such Data as stated in this Agreement. You further agree as soon as you become away of any unauthorized use or loss of information, You will notify Syncfusion. You agree that Syncfusion will not have any liability or owe any damages from your failure to comply with this clause.
9.4 Security. Syncfusion agrees, during the Term, to implement reasonable security measures to protect Data and will, at a minimum, utilize industry standard security procedures. However, because of the nature of the Service, which combines public and private information that is conveyed over the public internet on devices outside of Syncfusion’s control, then to the maximum extent permitted by law: (i) Syncfusion shall not be held liable for any damage caused as a result of Your use of the Service, its unavailability, or any error or faults in the Service and (ii) You alone shall be responsible and liable for the maintenance and backup of all Your Data and (iii) You will be responsible for any usage or breach of any Data rule, regulation, or restriction, to include but not limited to any GDPR restriction.
9.5 Sensitive Data That Cannot Be Submitted. Customer acknowledges and agrees that Customer will not submit to Syncfusion (1) any personal identifiable information, (2) any patient, medical, or other health information or protected health information that is regulated by any law or regulation, (3) any other data that is protected by any law or regulation, or (4) any data that creates any liability or damages for Syncfusion. Syncfusion, at its sole discretion, can delete data or files at any time.
11.1 You may need to obtain additional licenses to connect to the BoldSign Services through a programmatic API.
11.2 Customers agrees that all access and use of the Service shall happen only with duly licensed systems including hardware and software. Customer agrees that in the event of any third-party claim about any third-party licenses, Syncfusion will have no liability to the Customer in any form. Customer further agrees that Customer will fully indemnify Syncfusion in the event the third party files any claim regarding any Customer use of a third-party product in connection with the Service without Customer obtaining proper licenses.
12.1 For the term of this Agreement, Syncfusion hereby grants to Customer a limited, non-exclusive, non-transferable license to the Licensed Product solely for the purpose of Users sending documents via a signing plan. For the avoidance of doubt, Customer agrees that the Licensed Product is licensed and not sold. All use of the Licensed Program(s) by Customer shall be made solely in accordance with the Documentation.
12.2 Customer acknowledges and agrees that each User shall be required to have a named-user license and such named-user licenses are not transferrable.
12.3 Customer acknowledges and agrees that the Licensed Product may contain open source components that are subject to the terms of open source licenses. A list of such open source components, and links to their licenses, are listed in Appendix A. This list can be changed or updated without notice. Syncfusion provides these internet links for Customer’s convenience only and makes no representation or warranty of any kind with regard thereto. Customer acknowledges and agrees that Customer remains solely liable for any claims that arise from Customer’s incorporation of the open source components into Customer’s products and that Syncfusion shall have no liability whatsoever under any circumstances.
12.4 Syncfusion reserves all rights to the Licensed Product not specifically granted herein.
13.1 Syncfusion will provide a free version of the Licensed Product (“Community License”) however, the Community License is subject to the following restrictions.
13.2 Customer acknowledges and agree that if Customer exceeds the number of sent documents, the allowed number of Users, or the number of templates than Customer will upgrade to the paid version of the Licensed Product.
The license rights granted under this Agreement shall be for a period commencing at payment of the license subscription fee or ineligibility for the Community License.
15.1 The license will continue until either (i) the subscription expires, or (ii) the subscription license terminates.
15.2 Evaluation use shall be for less than thirty (30) days. All data created under an evaluation account shall be deleted when the evaluation ends or when 30 days have passed since the account was created.
15.3 Syncfusion shall have the right to terminate Customer’s license if Customer fails to pay any required license fee(s) or otherwise fails to comply with the license terms and conditions set forth herein. In the event that Customer’s failure to comply with the license terms and conditions is not payment-related or a material breach of the Agreement, Syncfusion shall give written notice to Customer of such default, and if such default has not been remedied within thirty (30) days after such notice, the license granted hereunder shall terminate. Specific termination timelines are as follows:
15.4 Customer agrees that, upon expiration of the license term or upon termination for any reason, Customer shall immediately cease access and use of the Services.
15.5 In the event of termination or expiration, it is your obligation to transfer, back up, or otherwise maintain your data. You acknowledge that you should take all necessary precautions to avoid any loss of data that might result when the Licensed Product can no longer be used, accessed, or properly licensed. Syncfusion will not be liable for loss of data following the termination or expiration of this Agreement.
15.6 Sections 14, 15, 16, 17, and 18 of this Agreement shall survive the expiration or termination of Customer’s license and this Agreement.
16.1 THE SERVICES PROVIDED TO CUSTOMER HEREUNDER ARE PROVIDED TO YOU “AS-IS” AND WITHOUT ANY WARRANTY OR INDEMNIFICATION OF ANY KIND. ACCORDINGLY, CUSTOMER ACKNOWLEDGES AND AGREES THAT CUSTOMER SHALL REMAIN SOLELY LIABLE FOR ANY CLAIMS THAT MAY ARISE FROM CUSTOMER’S USE OF THE SERVICES, REGARDLESS OF WHETHER SUCH CLAIMS ARISE ALONE OR IN CONNECTION WITH ANY OTHER PRODUCTS PROVIDED BY SYNCFUSION. FOR THE AVOIDANCE OF DOUBT, CUSTOMER HEREBY ACKNOWLEDGES AND AGREES THAT SYNCFUSION SHALL HAVE NO LIABILITY TO CUSTOMER WHATSOEVER UNDER ANY CIRCUMSTANCES RELATED TO THE SERVICES.
SYNCFUSION DOES NOT WARRANT THAT THE SERVICE OR ACCESS TO AND USE OF THE SITES OR SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES OR SERVICE IS FREE FROM VIRUSES OR OTHER HARMFUL CODE.
16.2 SYNCFUSION OFFERS NO WARRANTY REGARDING THE RELIABILITY OF THE PERFORMANCE OF THE SERVICE, INCLUDING WITHOUT LIMITATION ANY WARRANTY: (I) THAT THE SERVICE, INCLUDING ANY ANTI-VIRUS OR ANTI-SPAM FEATURES, WILL DETECT, BLOCK, OR PREVENT ALL VIRUSES, SPAM, OR OTHER HARMFUL OR UNWANTED CODE OR INTRUSIONS; AND (II) REGARDING THE BACKUP OR STORAGE OF CUSTOMER DATA ON OR BY THE SERVICE.; AND (III) THAT THE SERVICES WILL BE WITHOUT DISRUPTION OR OUTAGES. FROM TIME TO TIME, SYNCFUSION MAY NEED TO TAKE SERVICES OFFLINE FOR MAINTENANCE AND SUPPORT.
THE ABOVE WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, AND WHICH WARRANTIES ARE HEREBY DISCLAIMED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
17.1 Any direct, indirect, punitive, incidental, special, or consequential damages or any damages incurred by You, however caused and under any theory of liability. This shall include, but is not limited to, lost profits (directly or indirectly), loss of data, loss of files, loss of goodwill or business reputation, or other intangible loss;
17.2 Any loss or damage that may be incurred by You, or arising from an outage, or arising out of or in any way connected with the use or performance of the Services; the delay in using or inability to use the Services; the provision of or failure to provide services; any information, documents, and publications obtained through the Website; or any loss or damage otherwise arising out of the use of the Services;
17.3 Any loss or damage arising out of unauthorized access to or alteration of Your transmissions of data and of any material or data sent or received or not sent or received; and
17.4 Any loss or damage arising out of any inaccuracies in the translation of information, documents, and publications or for any misunderstandings resulting from differences in language usage, dialect, or particular regional usage in such translations.
17.5 We have no liability for any loss, damage, or misappropriation of Your data, files, or information under any circumstances or for any consequences related to changes, restrictions, suspensions, or terminations of the Agreement.
17.6 The limitations on Syncfusion’s liability in Section 16 apply even if Customer has been advised of or should have been aware of the possibility that such losses or damages could arise.
18.1 The Services are tools that are not intended to replace the professional skills and judgment of Customer and its employees, agents, and consultants. Customer alone shall be responsible for the accuracy and adequacy of information and data furnished for processing and any use made by Customer of the output of the Services or any reliance thereon by Customer or users of Customer products.
18.2 Customer shall also be responsible for the continued operation and maintenance of the computer equipment and the third-party software used with the Services. For these reasons, Customer agrees to be solely responsible for the design, repair, and configuration of Customer’s equipment, machinery, systems, and/or products. Customer assumes all risks and liability for results obtained by the use of and/or implementation of the designs developed by Customer that are in any way influenced by the use of the Services or the provision of services, whether such designs are used singly or in combination with other designs or products. Customer shall protect, indemnify, hold harmless, and defend Syncfusion of and from any loss, cost, damage, or expense, including attorneys’ fees, arising from any claim asserted against Syncfusion that is in any way associated with the matters set forth in this Section 17.
18.3 Without limitation of Section 17.1 or 17.2 above, Customer acknowledges and agrees that Syncfusion assumes no liabilities and has no liability whatsoever under any circumstances for any claim relating to the subject matter of this Agreement, regardless of the form of action, whether in contract or tort, including claims of negligence or claims of intellectual property infringement against Syncfusion. The Parties agree that if there is any liability for Syncfusion, it will be limited to $1.00 USD.
30.1 This Agreement shall be governed by the substantive laws of the state of North Carolina without regard to any conflict of law provisions. This Agreement will not be governed by the United Nations Convention of Contracts for the International Sale of Goods or by the Uniform Commercial Code, the application of which is expressly excluded. The parties agree that sole jurisdiction and venue for any dispute relating to the Agreement shall be in a federal or state court in Wake County, North Carolina.
30.2 Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The number of arbitrators shall be three (3), with one (1) arbitrator being named by each party and the third arbitrator being chosen by the other two (2) arbitrators. The place of arbitration shall be Raleigh, North Carolina, and the laws of North Carolina shall apply. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
30.3 This Agreement shall be binding on You by Your clicking on the “YES” button below, accessing BoldSign, accessing any part of the Service, or viewing any BoldSign document. If the parties hereto execute this Agreement in writing by an exchange of faxed signed copies hereof, it shall be binding by such exchange of signed copies. In the event of such an exchange, this Agreement shall become binding on both parties and shall constitute admissible evidence of the existence and binding effect of this Agreement.
The terms and conditions of this Agreement apply to any and all Vendor software included with or imbedded in the Licensed Program(s).
IF YOU DO NOT AGREE WITH THE ABOVE TERMS AND CONDITIONS, DO NOT USE, ACCESS DOWNLOAD OR INSTALL THE LICENSED PRODUCT.
YES I agree to be bound by the terms and conditions of this License Agreement.
NO I decline to be bound by the terms and conditions of this License Agreement.
Customer acknowledges and agrees that the Licensed Program contains certain features that may contain third-party software. A list of all third-party software is provided below. Syncfusion provides the accompanying internet links for Customer’s convenience only and makes no representation or warranty of any kind with regard thereto. Customer acknowledges and agrees that Customer remains solely liable for any claims that arise from Customer’s incorporation of the third-party software into Customer products and that Syncfusion shall have no liability whatsoever under any circumstances.
Customer hereby acknowledges and agrees that the Licensed Programs contain certain features that (i) are licensed from third parties and are subject to additional terms or third-party licenses or (ii) allow Customer to implement or interface with third-party products that are subject to separate agreements. Customer further acknowledges that the list of such features may change as newer versions of the Licensed Programs are released by Syncfusion. Customer is required to obtain all third-party licenses.
All internet links are provided by Syncfusion for Customer’s convenience only, and Syncfusion makes no representation or warranty of any kind with regard thereto.
Syncfusion shall have no liability whatsoever for, nor provide any indemnification to, Customer under any circumstances for any claims that may arise against Customer related to Customer’s use of such third-party software.
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