These Terms and Conditions (“Terms”) govern your access to and use of the e-signer website, platform, applications, APIs, and related services (collectively, the “Service”) operated by [Shivay Rudra Enterprises], having its registered office at [Registered Address:1101 Lucerne Ter, Orlando, FL 32806, USA] (“e-signer,” “Company,” “we,” “us,” or “our”).

By accessing, registering for, or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Service.

1. Eligibility

You may use the Service only if:

1. you are legally capable of entering into binding contracts under applicable law;
2. you are using the Service for lawful business, professional, or personal purposes; and
3. all information you provide to us is true, accurate, complete, and current.

If you use the Service on behalf of a company, organization, or other legal entity, you represent and warrant that you have authority to bind that entity to these Terms.

2. Nature of the Service

e-signer provides a digital platform that enables users to upload, prepare, send, sign, manage, store, and track electronic documents, approvals, and signatures.

Unless expressly stated otherwise, e-signer:

1. is a technology platform and not a law firm, notary, or legal advisor;
2. does not provide legal advice or guarantee that any specific document, signature workflow, authentication method, or audit trail will satisfy the requirements of every jurisdiction, regulator, court, or industry body; and
3. does not guarantee that any particular document is suitable for electronic signature in every country or context.

You are solely responsible for determining whether your use of the Service, your documents, and your signature workflows comply with the laws, regulations, and internal policies applicable to you.

3. Account Registration and Security

To access certain features, you may be required to create an account.

You agree to:

1. maintain the confidentiality of your login credentials;
2. restrict unauthorized access to your account;
3. promptly notify us of any suspected unauthorized use, data breach, or security incident involving your account; and
4. accept responsibility for all activities occurring under your account, except to the extent caused by our proven failure to implement reasonable security safeguards.

We may suspend or terminate accounts that are fraudulent, abusive, inactive for extended periods, or used in violation of these Terms.

4. Electronic Consent and Communications

By using the Service, you consent, to the extent permitted by applicable law, to:

1. receive communications from us electronically;
2. use electronic records in place of paper records; and
3. use electronic signatures in connection with your transactions through the Service.

You acknowledge that electronic communications, disclosures, notices, audit trails, timestamps, transaction logs, email notifications, and electronically stored records may be used as evidence of transactions, delivery, consent, and execution, subject to applicable law.

You are responsible for ensuring that each signer or recipient obtains any disclosures, notices, or consent required by applicable law before documents are sent for signature.

5. User Responsibilities

You agree that you will:

1. use the Service only for lawful purposes;
2. upload, send, sign, and store only documents that you have the legal right to use and process;
3. ensure that signers, recipients, and other participants are correctly identified and authorized;
4. review all documents carefully before sending, signing, or approving them;
5. maintain copies of documents as needed for your legal, regulatory, tax, and operational obligations; and
6. comply with all applicable laws relating to electronic signatures, privacy, data protection, consumer disclosures, anti-fraud, anti-money laundering, sanctions, export controls, employment, financial services, healthcare, and document retention.

You remain solely responsible for:

1. the legality, accuracy, enforceability, and content of your documents;
2. the selection of signature type, workflow, identity verification level, and authentication methods;
3. whether a transaction may be completed electronically in the relevant jurisdiction; and
4. obtaining any required consent, witness, notarization, registration, stamping, filing, or other formalities.

6. Prohibited Uses

You must not use the Service:

1. for unlawful, deceptive, fraudulent, defamatory, abusive, or misleading purposes;
2. to impersonate any person or entity;
3. to forge identity, manipulate audit trails, or misrepresent signer intent or authority;
4. to transmit malware, harmful code, or unauthorized scripts;
5. to interfere with, disrupt, or compromise the security, integrity, or availability of the Service;
6. to reverse engineer, copy, scrape, benchmark, or exploit the Service except as permitted by law or with our prior written consent; or
7. for any document category that is prohibited, restricted, or subject to additional formalities under applicable law, unless you have independently verified compliance.

We may investigate suspected violations and suspend or terminate access immediately where necessary to protect the Service, our users, or third parties.

7. Documents and Signature Validity

e-signer enables the electronic execution and management of documents, but the legal validity, enforceability, admissibility, and evidentiary weight of any document or signature may vary by:

1. country or region;
2. document type;
3. industry-specific regulations;
4. the level of signer authentication used;
5. whether witnesses, notarization, stamping, registration, or other formalities are required; and
6. the facts and circumstances of the transaction.

You acknowledge and agree that:

1. not all documents are suitable for electronic signatures in all jurisdictions;
2. some transactions may require enhanced authentication, digital certificates, qualified trust services, notarization, witnessing, or paper originals; and
3. you are solely responsible for verifying that the chosen signature process is legally sufficient for your intended use.

8. Identity Verification and Authentication

We may offer optional identity verification, OTP verification, email authentication, access controls, audit logs, or similar trust features.

Unless expressly agreed in writing:

1. such features are provided as technical tools only;
2. they do not constitute a guarantee of identity, authority, capacity, or legal validity; and
3. you remain responsible for determining whether the verification level used is appropriate for your transaction.

We reserve the right to refuse, limit, or suspend access to verification features at any time.

9. Fees, Billing, and Subscriptions

Certain features of the Service may be offered on a paid, subscription, usage-based, or enterprise basis.

If you purchase a paid plan:

1. you agree to pay all applicable fees, taxes, duties, and charges;
2. fees are non-refundable except as required by law or expressly stated otherwise in writing;
3. subscriptions may renew automatically unless cancelled before renewal; and
4. we may change pricing or plan features on prior notice.

Failure to pay may result in suspension, downgrade, or termination of access.

10. Intellectual Property

The Service, including its software, workflows, user interface, layout, design, branding, logos, APIs, code, text, graphics, and platform features, is owned by or licensed to e-signer and is protected by intellectual property laws.

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable right to use the Service for its intended purpose.

You retain your rights in the documents and content you upload. You grant us a limited, worldwide, non-exclusive license to host, process, transmit, store, back up, and display such content solely for the purpose of operating, securing, supporting, and improving the Service, and as otherwise permitted by our Privacy Policy and applicable law.

11. Privacy and Data Protection

Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, disclose, store, and protect personal data.

Where applicable, you are the controller or business user of the personal data contained in your documents, and the e-signer acts as a service provider, processor, or similar role, depending on the applicable law and contractual arrangement.

You agree that:

1. you have all necessary rights, notices, and consents to upload and process personal data through the Service;
2. you will not use the Service to process personal data unlawfully; and
3. you will comply with all applicable privacy and data protection laws.

12. Confidentiality

We will use commercially reasonable measures to protect the confidentiality of documents and account data stored in the Service.

You acknowledge, however, that no electronic system, storage environment, or transmission method is entirely secure. Except as expressly stated in a separate written agreement, we do not guarantee absolute security, uninterrupted service, or zero-risk storage.

You are responsible for maintaining your own backups and retention controls where legally or operationally required.

13. Third-Party Services

The Service may integrate with or rely on third-party providers, including cloud hosting providers, email services, identity verification vendors, payment processors, APIs, or storage providers.

We are not responsible for:

1. the acts, omissions, availability, or security practices of third-party services;
2. outages, interruptions, or failures caused by third-party providers; or
3. any losses arising from your use of third-party tools not controlled by us.

Your use of third-party services may be subject to separate terms and policies.

14. Service Availability and Changes

We may modify, update, suspend, or discontinue any part of the Service at any time, with or without notice, including features, integrations, storage limits, authentication methods, or pricing structures.

We do not guarantee that the Service will always be available, uninterrupted, error-free, or compatible with all devices, browsers, or jurisdictions.

We may perform maintenance, upgrades, or emergency actions that temporarily affect access.

15. Warranties Disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, QUIET ENJOYMENT, OR THAT THE SERVICE WILL MEET YOUR LEGAL, REGULATORY, OR BUSINESS REQUIREMENTS.

WE DO NOT WARRANT THAT:

1. ANY DOCUMENT SIGNED THROUGH THE SERVICE WILL BE ENFORCEABLE IN EVERY JURISDICTION;
2. ANY PARTICULAR SIGNATURE METHOD WILL SATISFY A SPECIFIC LEGAL STANDARD;
3. THE SERVICE WILL PREVENT ALL FRAUD, FORGERY, IDENTITY MISUSE, OR HUMAN ERROR; OR
4. THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE AT ALL TIMES.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, E-SIGNER, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, BUSINESS, GOODWILL, OR OPPORTUNITY, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS SHALL NOT EXCEED THE GREATER OF:

1. THE AMOUNT PAID BY YOU TO US FOR THE SERVICE DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR
2. USD 100.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIABILITY LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

17. Indemnity

You agree to defend, indemnify, and hold harmless e-signer and its affiliates, officers, directors, employees, and agents from and against any claims, actions, liabilities, damages, losses, judgments, penalties, fines, costs, and expenses, including reasonable legal fees, arising from or related to:

1. your documents, content, or transactions;
2. your misuse of the Service;
3. your breach of these Terms;
4. your violation of applicable law or third-party rights; or
5. any dispute between you and a signer, recipient, customer, employee, contractor, regulator, or third party relating to documents processed through the Service.

18. Compliance With Laws; Restricted Uses

You agree not to use the Service in violation of any applicable law, regulation, sanctions regime, export control restriction, anti-bribery law, anti-money laundering requirement, consumer protection obligation, or records retention rule.

You also agree not to use the Service in connection with:

1. prohibited jurisdictions or sanctioned parties;
2. illegal products, services, or transactions;
3. fraudulent, deceptive, or abusive schemes; or
4. any activity that would expose e-signer to legal, regulatory, or reputational harm.

19. Suspension and Termination

We may suspend, restrict, or terminate your access immediately if:

1. you breach these Terms;
2. we reasonably suspect fraud, abuse, unlawful conduct, or a security threat;
3. required by law, court order, or regulator; or
4. your use creates risk to the Service or other users.

You may stop using the Service at any time. Clauses that by nature should survive termination will survive, including clauses relating to fees due, intellectual property, disclaimers, liability limitations, indemnity, governing law, and dispute resolution.

20. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws, without regard to conflict of laws principles.

Any dispute arising out of or in connection with these Terms or the Service shall be subject to the exclusive jurisdiction of the courts, unless a separate written enterprise agreement provides otherwise. If you operate in multiple jurisdictions, you acknowledge that local mandatory consumer, employment, electronic signature, privacy, or evidentiary laws may also apply.

21. International Use

The Service may be accessed globally. You are responsible for ensuring that your use of the Service is lawful in each jurisdiction where you send, receive, sign, store, or rely on electronic documents.

Nothing in these Terms shall be interpreted as a representation or warranty that every document, signature, or workflow processed through the Service is valid or enforceable in every country or legal context.

22. Changes to These Terms

We may update these Terms from time to time. Updated Terms will become effective when posted on the website or otherwise communicated to you, unless a later effective date is stated.

Your continued use of the Service after updated Terms become effective constitutes your acceptance of the revised Terms.

23. General Provisions

1. These Terms, together with the Privacy Policy and any applicable order form or enterprise agreement, constitute the entire agreement between you and e-signer regarding the Service.
2. If any provision of these Terms is found unenforceable, the remaining provisions shall remain in full force and effect.
3. Our failure to enforce any provision shall not constitute a waiver.
4. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, restructuring, or sale of assets.
5. Headings are for convenience only and do not affect interpretation.