You are responsible for safeguarding the password that you use to access the App, Content, Documents and Services. You agree not to disclose your password to any third party. You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. You will immediately notify Glykka of any unauthorized use of your password. You acknowledge that if you wish to protect your transmission of Documents to Glykka, it is your responsibility to use a secure encrypted connection to communicate with and/or utilize the App, Documents and Services.
Glykka grants you a limited, nonexclusive, nontransferable, revocable license to use the App, Content and Services subject to the restrictions set forth in these Terms of Service.
All right, title, and interest in and to the App, Content, and Services are and will remain the exclusive property of Glykka and its licensors, including all Intellectual Property Rights (as defined below) therein, even if Glykka incorporates any of your Feedback (as defined below) into subsequent versions. The App, Content, and Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Except as expressly permitted in these Terms of Service, you may not reproduce, modify or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the App, Content, or Services. You may not copy or modify the HTML or other code used to generate web pages on the App.
All feedback, comments, and suggestions for improvements (the "Feedback") that you provide to Glykka, in any form, will be the sole and exclusive property of Glykka. You hereby irrevocably transfer and assign to Glykka and agree to irrevocably assign and transfer to Glykka all of your right, title, and interest in and to all of your Feedback, including all worldwide patent rights (including patent applications and disclosures), copyright rights, trade secret rights, and other intellectual property rights (collectively, the "Intellectual Property Rights") therein. At Glykka's request and expense, you will execute documents and take such further acts as Glykka may reasonably request to assist Glykka in acquiring, perfecting and maintaining its Intellectual Property Rights and other legal protections for your Feedback. You will not earn or acquire any rights or licenses in the App, Content, and Services or in any Glykka Intellectual Property Rights on account of these Terms of Service or your performance under these Terms of Service.
You agree not to do any of the following while using the Site, Content, Files or Services:
Glykka will have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and App security issues, to the fullest extent of the law. Glykka may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Service. You acknowledge that Glykka has no obligation to monitor any user's access to or use of the App, Content, Documents and Services, but has the right to do so for the purpose of operating the App and the Services, to ensure users' compliance with these Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
You will only upload, sign, post, submit or otherwise transmit data and/or files: (i) that you have the lawful right to use, sign, copy, distribute, transmit, or display; or (ii) that does not infringe the intellectual property rights or violate the privacy rights of any third party (including, without limitation, copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity). Glykka has adopted and implemented a policy that permits the deletion of files that violate this policy, and that permits the termination in appropriate circumstances of the accounts of users who repeatedly infringe or are believed to be or are charged with repeatedly infringing the rights of copyright holders. Please see the Glykka Copyright Policy for further information at WEBSITE.
SignEasy takes the security of your data seriously. In order to protect your information, we have implemented various security measures. For example, anytime you transmit to and from SignEasy over the internet, that information is encrypted using secure socket layer technology (SSL). SignEasy also follows generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it.
SignEasy is committed to protecting the security of your information and takes reasonable precautions to protect it. However, Internet data transmissions, whether wired or wireless, cannot be guaranteed to be 100% secure and as a result we cannot ensure the security of information you transmit to us; accordingly, you acknowledge that you do so at your own risk. Once we receive your data transmission, we make all commercially reasonable efforts to ensure its security on our systems:
Your personal information and data stored in our systems is protected by various physical, electronic and procedural safeguards. It is housed in a secure facility and SignEasy restricts physical and network access to this facility to select trained staff and regularly evaluates its technologies, facilities, procedures and potential risks to maintain the security and privacy of our users' data. As a rule, SignEasy employees do not monitor or view your personal information or content stored in the SignEasy service, but it may be viewed if we learn that our Terms of Service may have been violated and confirmation is required, or we otherwise determine that we have an obligation to review it; and certain SignEasy services support the use of standard SSL encryption to protect data transmissions. However, this is not a guarantee that such data transmissions cannot be accessed, altered or deleted due to firewall or other security software failures. When you send the document to our service via email, the document is stored on SignEasy servers and pulled from the SignEasy cloud when the signature is being attached to the document. The original document and the signed document can be deleted from SignEasy servers if you take appropriate action from within the App. The files stored on your SignEasy are accessible only to you via your Username and password. When you email the document to SignEasy from iPhone or your computer, it is emailed directly from your iPhone or computer's built in email client. When the document is inside your email client, it is no longer under our protection and could become at risk of being viewed by others.
When you delete a document from the SignEasy cloud, it is removed from our system. A backup copy of that document might exist in one of our backup archives until it is purged by a newer backup. Our current backup rotation purges documents after 60 days.
If SignEasy learns of a security system breach we may attempt to notify you and provide information on protective steps, if available, through the e-mail address that you supplied during registration or posting a notice on our web site. Depending on where you live, you may have a legal right to receive such notices in writing. To request written notice of any security breach in writing, please send an e-mail with your request and mailing address to email@example.com or via postal mail to the address in the Contact Us section below.
If you violate any of these Terms of Service, your permission to use the App, Content, Documents and Services will automatically terminate. Glykka reserves the right to revoke your access to and use of the App, Content, Documents and Services at any time, with or without cause, and with or without notice. Glykka also reserves the right to cease providing or to change the App, Content, Documents or Services at any time and without notice
Glykka reserves the right to terminate Free Accounts at any time, with or without notice. Without limiting the generality of the foregoing, and without further notice, Glykka may choose to delete and/or reduce: (i) any or all of Your Documents if your Free Account is inactive for 90 days; and (ii) previous versions and/or prior backups of Your Documents.
Your access to and use of the App, Content, Documents and Services and is at your own risk. Glykka will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the App, Content, Documents or Services.
THE APP, CONTENT, DOCUMENTS AND SERVICES ARE PROVIDED "AS IS", WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, GLYKKA EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. YOU ACKNOWLEDGE THAT USE OF THE APP, CONTENT, FILE AND SERVICES MAY RESULT IN UNEXPECTED RESULTS, LOSS OR CORRUPTION OF DATA OR COMMUNICATIONS, PROJECT DELAYS, OTHER UNPREDICTABLE DAMAGE OR LOSS, OR EXPOSURE OF YOUR DATA OR YOUR FILES TO UNINTENDED THIRD PARTIES.
GLYKKA MAKES NO WARRANTY THAT THE APP, CONTENT, DOCUMENTS OR SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. GLYKKA MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED THROUGH THE APP, CONTENT, OR SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE APP, CONTENT, DOCUMENTS OR SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM GLYKKA OR THROUGH THE APP, CONTENT, DOCUMENTS OR SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
You agree to defend, indemnify, and hold Glykka, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses and expenses, including, without limitation, reasonable attorneys' fees and costs, arising out of or in any way connected with: (i) your access to or use of the App, Content, Documents and Services; (ii) your violation of this Agreement; (iii) your violation of any third party right, including without limitation any intellectual property right, including but not limited to right of attribution, publicity, confidentiality, property or privacy right; or (iv) any claim that Your Documents, or your use of Documents, caused damage to a third party, including without limitation claims that Your Documents, or use of Documents, infringe the rights of another.
IN NO EVENT WILL GLYKKA BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, OR FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE APP, CONTENT, DOCUMENTS AND/OR SERVICES, OR FOR ANY ERROR OR DEFECT IN THE APP, CONTENT, DOCUMENTS OR SERVICES, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT GLYKKA HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT GLYKKA IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, GLYKKA WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE APP OR THROUGH THE SERVICES AND/OR THE FILES, OR IF YOUR DATA IS LOST, CORRUPTED OR EXPOSED TO UNINTENDED THIRD PARTIES.
YOU AGREE THAT THE AGGREGATE LIABILITY OF GLYKKA TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE APP, CONTENT, FILES AND/OR SERVICES IS LIMITED TO TWENTY U.S. DOLLARS ($20). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN GLYKKA AND YOU.
In the event that any provision of these Terms of Service is held to be invalid or unenforceable, the remaining provisions of these Terms of Service will remain in full force and effect.
The failure of Glykka to enforce any right or provision of these Terms of Service will not be deemed a waiver of such right or provision.
These Terms of Service and any action related thereto will be governed by the laws of the State of California without regard to its conflict of law provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Service will be the state and federal courts located in San Francisco County, California, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
These Terms of Service are the entire and exclusive agreement between Glykka and you regarding the App, Content, Services and Your Documents, and these Terms of Service supersede and replace any prior agreements between Glykka and you regarding the App, Content, Services and Your Documents.