1. Acceptance of Terms
Welcome to CrossDocument. These Terms of Use ("Terms") govern your access to and use of the CrossDocument website, mobile applications, and digital document signing services (collectively, the "Services"), operated by CrossDocument, Inc. ("CrossDocument," "we," "us," or "our").
By accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you are using the Services on behalf of a company, organization, or other entity, you represent and warrant that you have the authority to bind that entity to these Terms, and "you" refers to that entity. If you do not agree to these Terms, you may not access or use the Services.
2. Changes to Terms
We may modify these Terms at any time, in our sole discretion. If we do so, we will notify you by posting the modified Terms on the website, through the Services, or by sending you an email or other notification. The modified Terms will become effective immediately upon posting, and your continued use of the Services after the posting of the modified Terms constitutes your agreement to be bound by the modified Terms. If you do not agree to the modified Terms, your only recourse is to stop using the Services.
3. Access and Use of the Services
3.1 License
Subject to your compliance with these Terms, CrossDocument grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for your personal or internal business purposes.
3.2 Restrictions
You agree not to, and will not permit others to:
- Use the Services for any illegal purpose or in violation of any local, state, national, or international law
- Violate or encourage others to violate the rights of third parties, including intellectual property rights
- Upload, transmit, or distribute any computer viruses, worms, or other malicious code
- Interfere with, disrupt, or attempt to gain unauthorized access to the Services or servers or networks connected to the Services
- Bypass, remove, deactivate, impair, or circumvent any security or authentication measures
- Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Services
- Copy, modify, create derivative works of, publicly display, publicly perform, republish, transmit, or distribute the Services or any portion thereof
- Use data mining, robots, or similar data gathering or extraction methods
- Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party's use of the Services
- Use the Services to send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, or any other form of solicitation
3.3 Monitoring and Enforcement
We reserve the right to:
- Monitor the Services for violations of these Terms
- Take appropriate legal action against anyone who, in our sole discretion, violates these Terms, including reporting such user to law enforcement authorities
- In our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your contributions or any portion thereof
- Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms
4. Account Registration and Security
4.1 Account Creation
To use certain features of the Services, you may need to register for an account. When you register, you agree to provide accurate, current, and complete information about yourself and to update this information to keep it accurate, current, and complete. We reserve the right to suspend or terminate your account if any information provided during the registration process or thereafter proves to be inaccurate, not current, or incomplete.
4.2 Account Security
You are responsible for safeguarding your account credentials and for any activities or actions under your account. You agree to notify CrossDocument immediately of any unauthorized access to or use of your account or any other breach of security. CrossDocument will not be liable for any loss or damage arising from your failure to comply with this section.
4.3 Account Sharing
You may not share your account credentials with any third party or allow any third party to access your account. You are solely responsible for all activities that occur under your account.
5. User Content
5.1 Definition
"User Content" means any content that you upload, submit, store, send, or receive through the Services, including but not limited to documents, signatures, text, images, and other materials.
5.2 Ownership
You retain all rights in, and are solely responsible for, the User Content you upload, submit, store, send, or receive through the Services. By uploading, submitting, storing, sending, or receiving User Content through the Services, you grant CrossDocument a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content solely for the purpose of providing the Services to you and as otherwise permitted in our Privacy Policy.
5.3 Representations and Warranties
You represent and warrant that:
- You own or have the necessary rights to use and authorize CrossDocument to use your User Content as described in these Terms
- Your User Content does not violate the privacy rights, publicity rights, intellectual property rights, or any other rights of any person or entity
- Your User Content does not contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable
- Your User Content does not violate any applicable law or regulation
5.4 Content Monitoring
CrossDocument does not control or monitor the User Content posted to the Services, and we do not guarantee the accuracy, integrity, or quality of such User Content. You understand that by using the Services, you may be exposed to User Content that is offensive, indecent, or objectionable. Under no circumstances will CrossDocument be liable for any User Content, including, but not limited to, any errors or omissions in any User Content, or any loss or damage of any kind incurred as a result of the use of any User Content posted, transmitted, or otherwise made available via the Services.
6. Intellectual Property Rights
6.1 CrossDocument Intellectual Property
The Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by CrossDocument, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
6.2 Trademarks
The CrossDocument name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of CrossDocument or its affiliates or licensors. You may not use such marks without the prior written permission of CrossDocument. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
6.3 Feedback
If you provide CrossDocument with any feedback, suggestions, improvements, enhancements, or feature requests relating to the Services (collectively, "Feedback"), you grant CrossDocument a perpetual, irrevocable, non-exclusive, royalty-free, fully-paid, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display such Feedback in any manner and for any purpose.
7. Payment Terms
7.1 Subscription Plans
Some features of the Services may require payment of fees. You agree to pay all fees in accordance with the fees, charges, and billing terms in effect at the time a fee is due and payable. You can find the current pricing for our subscription plans on our Pricing page.
7.2 Payment Information
You must provide accurate and complete billing information, including full name, address, state, zip code, telephone number, and valid payment method information. By submitting such payment information, you automatically authorize CrossDocument to charge all subscription fees incurred through your account to any such payment instruments.
7.3 Automatic Renewal
Unless you notify CrossDocument before the end of the applicable subscription period that you want to cancel, your subscription will automatically renew, and you authorize us to collect the then-applicable subscription fee using any payment method we have on record for you.
7.4 Free Trials
We may offer free trials of our subscription plans. At the end of the free trial period, we will automatically begin charging you the applicable subscription fee for the plan you selected during registration unless you cancel before the end of the free trial period.
7.5 Taxes
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you will be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
7.6 No Refunds
All fees are non-refundable except as expressly set forth in these Terms or as required by applicable law.
8. Termination
8.1 Termination by You
You may terminate your account at any time by following the instructions on the Services or by contacting us at support@crossdocument.com. If you terminate your account, you will continue to have access to the Services until the end of your current billing period, but you will not receive a refund for any fees already paid.
8.2 Termination by CrossDocument
CrossDocument may terminate or suspend your account and access to the Services at any time, without prior notice or liability, for any reason, including, without limitation, if you breach these Terms. Upon termination, your right to use the Services will immediately cease.
8.3 Effect of Termination
Upon termination of your account, all provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability. We may, but are not obligated to, delete any of your User Content following termination.
9. Disclaimers
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. CROSSDOCUMENT DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
CROSSDOCUMENT MAKES NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE SERVICES.
CROSSDOCUMENT DOES NOT PROVIDE LEGAL ADVICE, AND NO ATTORNEY-CLIENT RELATIONSHIP IS CREATED BY USING THE SERVICES. THE INFORMATION PROVIDED THROUGH THE SERVICES IS NOT A SUBSTITUTE FOR PROFESSIONAL LEGAL ADVICE.
10. Limitation of Liability
IN NO EVENT WILL CROSSDOCUMENT, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO THEM, ANY CONTENT ON THE SERVICES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
11. Indemnification
You agree to defend, indemnify, and hold harmless CrossDocument, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to, your User Content, any use of the Services' content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Services.
12. Governing Law and Dispute Resolution
12.1 Governing Law
These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any choice or conflict of law provision or rule.
12.2 Dispute Resolution
Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in the City of San Francisco, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
12.3 Arbitration
At CrossDocument's sole discretion, it may require you to submit any disputes arising from these Terms or use of the Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying California law.
12.4 Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
13. General Provisions
13.1 Entire Agreement
These Terms, our Privacy Policy, and any other agreements expressly incorporated by reference herein constitute the sole and entire agreement between you and CrossDocument regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.
13.2 Waiver
No waiver by CrossDocument of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of CrossDocument to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
13.3 Severability
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
13.4 Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without CrossDocument's prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. CrossDocument may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
13.5 Notices
All notices, requests, demands, and other communications under these Terms shall be in writing and shall be deemed to have been duly given when delivered personally, when sent by confirmed electronic mail, or three (3) days after being mailed by certified or registered mail, return receipt requested, postage prepaid, to the address specified by the party receiving the notice.