Terms of Service

These Terms of Service (“Terms”) govern your access to and use of DigiSign’s website and electronic document signing service (“Service”), operated from New Zealand. By creating an account, signing in, or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

Defined terms

In these Terms: “DigiSign”, “we”, “us”, or “our” means the operator of the Service. “You” or “your” means the individual or organisation using the Service under an account. “Content” means PDFs and other files you upload, and related data you submit (such as signer names, email addresses, and signature field positions). “Signer” means a person you invite to review or sign a document through the Service who may not hold a DigiSign account.

The Service

DigiSign provides a cloud-hosted service that allows you to upload PDF documents, define signers and signing order, send signing invitations, capture electronic signatures on documents, and download completed PDFs. Features may include account management, dashboards, usage limits based on your plan, and paid subscriptions billed through our payment provider.

We may update, modify, or discontinue features from time to time provided we act reasonably. The Service does not include legal, regulatory, or compliance advice. You are solely responsible for deciding whether electronic signing is appropriate for your document and transaction, for the content of your documents, and for meeting any obligations you owe to signers or third parties.

Eligibility and accounts

You must be able to form a binding contract under New Zealand law to create an account. If you use the Service on behalf of a company or other entity, you represent that you have authority to bind that entity to these Terms. You must provide accurate registration information and keep it current. You are responsible for maintaining the confidentiality of your credentials and for all activity under your account. Notify us promptly at digisign@outlook.co.nz if you suspect unauthorised access.

Acceptable use

You agree to use the Service only for lawful purposes. You must not:

• Upload Content or use the Service in a way that violates any law, infringes intellectual property or other rights, or is defamatory, harassing, deceptive, or otherwise harmful.
• Engage in forgery, impersonation, or procuring a signature without proper authority or signer knowledge, or use the Service to misrepresent identity or intent.
• Introduce malware, probe or bypass security, overload systems, or access the Service by automated means except as we expressly permit.
• Resell, sublicense, or white-label the Service without our written consent.
• Send unsolicited commercial email through the Service or misuse signer invitations in breach of applicable anti-spam or marketing laws.

We may investigate violations and may suspend or terminate access where reasonably necessary to protect the Service or other users.

Your content and signers

You retain ownership of your Content. You grant DigiSign a non-exclusive, worldwide licence to host, process, transmit, display, and otherwise use your Content only as reasonably necessary to provide, secure, and improve the Service for you (including storage, signing workflow, notifications, and backups in line with our Privacy Policy).

You represent and warrant that: (a) you have all rights needed to upload and process the Content; and (b) where you provide personal information about Signers (including names and email addresses), you have a lawful basis to do so and have complied with applicable privacy and marketing laws, including providing any notices your Signers require. Our Privacy Policy at digisign.co.nz/privacy explains how we handle personal information.

You are responsible for the accuracy and legality of Content and for the instructions you give to Signers. We do not monitor Content for legal sufficiency.

Electronic communications and signatures

The Service facilitates an electronic signing workflow. Applicability of electronic signatures to your transaction depends on the document type, jurisdiction, and facts involved. You are responsible for obtaining your own advice where required. DigiSign does not warrant that any particular use will satisfy a court, registry, regulator, or third party.

Fees, plans, and billing

We may offer free and paid plans. Current pricing and published limits are described on our website. Paid subscriptions are processed by Stripe, Inc. (or its affiliates) (“Stripe”). By subscribing, you also agree to Stripe’s terms and privacy policy, which apply as between you and Stripe for payment processing.

Fees are charged in the currency presented at checkout unless stated otherwise. Taxes (including GST) may be added at checkout where applicable. You authorise us and Stripe to charge your payment method for recurring fees until you cancel through the billing tools we make available (such as the Stripe customer portal where offered) or we terminate the subscription. If a payment fails, we may suspend paid features until the account is brought into good standing.

We may change fees or plan limits for new billing periods with reasonable advance notice. Continued use after the effective date may constitute acceptance of the new fees for the next renewal.

Availability and changes

We strive to keep the Service available but do not guarantee uninterrupted or error-free operation. The Service may be unavailable during maintenance, upgrades, or events beyond our reasonable control. We may modify these Terms by posting an updated version at digisign.co.nz/terms and updating the “Last updated” date. Where changes are material, we will use reasonable efforts to notify account holders (for example by email or in-product notice). Your continued use after the effective date of updated Terms constitutes acceptance unless we are required to obtain separate consent under applicable law.

Intellectual property

The Service, including software, branding, and documentation, is owned by DigiSign and its licensors and is protected by intellectual property laws. Except for the limited rights expressly granted in these Terms, no rights are transferred to you. If you provide feedback, you grant us a perpetual, royalty-free licence to use it to improve the Service without obligation to you.

Disclaimers

To the maximum extent permitted by New Zealand law, the Service is provided on an “as available” basis. Except as expressly stated in these Terms, we disclaim all warranties, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Nothing in these Terms limits any rights you may have as a consumer under the Consumer Guarantees Act 1993 or other laws that cannot lawfully be excluded.

Limitation of liability

To the maximum extent permitted by New Zealand law, DigiSign’s total aggregate liability arising out of or relating to the Service or these Terms (whether in contract, tort, or otherwise) is limited to the greater of: (a) the fees you paid to DigiSign for the Service in the three (3) months immediately before the event giving rise to the claim; or (b) NZD $100, if you have not paid fees in that period.

To the maximum extent permitted by New Zealand law, DigiSign will not be liable for any indirect, consequential, incidental, special, punitive, or exemplary damages, or for lost profits, lost data, or business interruption, even if advised of the possibility. These limitations do not apply where liability cannot lawfully be excluded.

Indemnity

You will defend, indemnify, and hold harmless DigiSign and its directors, officers, and agents from and against third-party claims, damages, losses, and expenses (including reasonable legal fees) arising out of or related to: (a) your Content; (b) your breach of these Terms or applicable law; or (c) your use of the Service in a manner that harms a third party. We may assume exclusive defence and control of any matter subject to indemnification, at your expense, and you will cooperate with us.

Suspension and termination

You may stop using the Service at any time and may request account closure by contacting digisign@outlook.co.nz. We may suspend or terminate your access if you materially breach these Terms, if we must do so to comply with law, or if continued use poses security or abuse risk. On termination, your right to use the Service ceases. We may retain or delete your Content in accordance with our Privacy Policy and operational requirements. Provisions intended to survive (including intellectual property, disclaimers, limitation of liability, indemnity, and governing law) survive termination.

Disputes and governing law

These Terms are governed by the laws of New Zealand. Subject to any mandatory venue or non-excludable consumer rights, the courts of New Zealand have exclusive jurisdiction over disputes arising from these Terms or the Service.

General

These Terms constitute the entire agreement between you and DigiSign regarding the Service and supersede prior discussions. If a provision is unenforceable, the remainder remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. Notices to you may be sent to your account email or shown in-product.

Contact

For questions about these Terms, contact digisign@outlook.co.nz.