These Terms of Service (“ToS”) constitute a legally binding agreement between Whizpool or any of its subsidiaries or affiliates (“We”, “Us”, “Our”) and the person or entity agreeing to these ToS (“Customer”, “Subscriber”, “You”, “Your”).
By creating an account, accessing, or using eZy Sign, you acknowledge that you have read, understood, and agree to be bound by these ToS and Our Privacy Policy. You warrant to Us that You are 18 years of age or older.
1. DEFINITIONS
1.1. “Account” shall mean any accounts or instances created by or on behalf of Subscriber or its Users within eZy Sign.
1.2. “Confidential Information” shall mean all information disclosed by one party to the other which is in tangible form and labeled “confidential” or which a reasonable person would understand to be confidential given the nature of the information and circumstances of disclosure.
1.3. “Customer Data” shall mean all electronic data, text, messages, personal data, or other materials, including Documents submitted to eZy Sign by You through Your Account.
1.4. “Documentation” shall mean any user guides, functional specifications, online help resources or operating instructions provided by Us.
1.5. “End-User” shall mean any person or entity with whom the Subscriber interacts using eZy Sign.
1.6. “eZy Sign” shall mean the cloud-based digital signature, document management and workflow platform accessible via web and mobile applications.
1.7. “Order Form” shall mean any service order form or online checkout completed by You specifying the Subscription Plan.
1.8. “Personal Data” shall have the meaning ascribed to it in Our Privacy Policy.
1.9. “Sensitive Personal Information” shall mean social security numbers, passport numbers, driver's license numbers, bank account numbers, biometric data, health data, or race/religion identifiers.
1.10. “Subscription Plan” means the pricing plan subscribed to as listed on eZy Sign’s website detailing features and Subscription Term.
1.11. “Subscription Term” shall mean the period during which You have agreed to subscribe to eZy Sign.
1.12. “Third Party Services” shall mean third-party applications or services integrating with eZy Sign through APIs or webhooks.
1.13. “User” shall mean designated individuals within Your organization authorized to use eZy Sign under Your Account.
1.14. “Website(s)” shall mean websites owned and operated by Us, including www.eZySign.com.
2. SERVICE(S) PROVIDED TO SUBSCRIBERS
2.1. Subject to Your compliance with this ToS, during the Subscription Term and during any Free Trial period, You are granted a limited, non-exclusive, non-transferable, and revocable license to access and use eZy Sign for Your internal business purposes.
2.2. eZy Sign provides an array of features and functionalities, including inter alia:
- The ability for Subscribers to upload files that require information/signatures to be filled in (“Documents”);
- Identify and place fields of information (such as name, date, signature, initials, text fields, checkboxes);
- Send Documents to designated recipients with sequential or parallel signing workflows;
- Assist recipients with filling and signing Documents on desktop or mobile devices;
- Provide automated email updates, reminders, and notifications to all parties;
- Generate tamper-evident audit trails and certificates of completion upon full execution.
2.3. We reserve the right to modify, replace, suspend, or discontinue any part of the service at any time. We will provide reasonable notice of material changes. You are solely responsible for all activity occurring under Your Account.
2.4. You will immediately notify Us in writing of any unauthorized use of Your account or any other account-related security breach.
3. REGISTRATION AND ACCOUNT INTEGRITY
3.1. As part of account registration, You agree to provide accurate, current, and complete information, and maintain a secure password. We will never ask for your password.
3.2. You shall not create an account using false information, unauthorized third-party credentials, or words that are trademarks of other entities or vulgar/obscene.
3.3. If You suspect Your credentials have been compromised, contact Us immediately to restore account integrity.
4. ACCEPTABLE USE & CUSTOMER DATA
4.1. Each User Login shall be used only by one individual and not shared across multiple persons.
4.2. You agree not to (and not permit any third party to):
- License, sublicense, sell, resell, rent, lease, transfer, assign, distribute, or make eZy Sign available to third parties outside of authorized Users;
- Modify, adapt, hack, or attempt unauthorized access to eZy Sign or its underlying infrastructure;
- Use eZy Sign to store or transmit illicit materials or violate export control or privacy laws;
- Reverse engineer, decompile, or create derivative works based on eZy Sign;
- Transmit viruses, worms, malware, or harmful automated bots.
4.3. Customer Data Warranties: You represent and warrant that You own or have the necessary rights and consents to transmit Customer Data and Documents through eZy Sign without infringing third-party intellectual property or privacy rights.
5. INTELLECTUAL PROPERTY RIGHTS
5.1. All rights, title, and interest in and to eZy Sign, including all software, source code, designs, algorithms, trademarks, and documentation remain the exclusive property of Whizpool and its licensors.
5.2. You retain all ownership rights in Your Customer Data and uploaded Documents. You grant Us a limited license to process Customer Data solely to deliver the services.
6. THIRD-PARTY SERVICES
6.1. Your use of Third-party Services (e.g., cloud storage providers, payment processors, SSO identity providers) is subject to the respective terms and privacy policies of those third parties. We are not responsible for their performance or data handling.
7. CHARGES AND PAYMENT
7.1. Subscription charges are billed in advance on recurring monthly or annual cycles depending on the chosen Subscription Plan.
7.2. All payments are non-refundable, except as expressly required by applicable consumer law. Taxes and duties are the responsibility of the Subscriber.
8. TERM, SUSPENSION AND TERMINATION
8.1. These ToS take effect upon account creation and remain active until all subscriptions expire or are terminated.
8.2. We reserve the right to suspend or terminate Your access immediately if You violate these ToS, fail to pay fees, or create security risks.
8.3. Upon termination, Your right to access eZy Sign ceases, and You may request data export in accordance with Our retention policy.
9. CONFIDENTIALITY, DATA PRIVACY & SECURITY
9.1. Each party agrees to protect the Confidential Information of the other with no less than reasonable care.
9.2. We maintain robust technical and organizational measures (including encryption in transit and at rest) to safeguard Customer Data against unauthorized access, loss, or alteration.
9.3. We act as a Data Processor on Your behalf for Customer Data and process it in compliance with applicable data protection regulations and Our Privacy Policy.
10. DISCLAIMER OF WARRANTIES
11. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Us, Our subsidiaries, affiliates, directors, officers, and agents from all liabilities, claims, and expenses (including reasonable attorneys' fees) arising out of Your use of the service or breach of these ToS.
12. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION).
OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO eZy Sign SHALL NOT EXCEED THE TOTAL SUBSCRIPTION CHARGES PAID BY YOU IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.
13. MISCELLANEOUS (ARBITRATION & GOVERNING LAW)
13.1. Governing Law: These ToS are governed by the laws of the United States without regard to conflict of laws principles.
13.2. Dispute Resolution & Arbitration: Any dispute arising from these ToS shall be settled by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.
13.3. Severability: If any provision is deemed unenforceable, the remaining provisions shall remain in full effect.
13.4. Force Majeure: We shall not be liable for failure to perform due to circumstances beyond reasonable control (acts of God, network carrier outages, government actions).
14. SUPPORT AND CONTACT
For questions regarding these Terms of Service or to contact customer support, please reach out to:
eZy Sign Legal & Support
Email: support+ezysign@whizpool.com