SignDeck Terms of Service

1. About These Terms#

1.1 Who they apply to#

These Terms apply to senders, meaning anyone who creates an account to prepare and send documents, and to signers, meaning anyone who opens a signing link to review, sign, or decline a document. Some sections apply only to one or the other, and they say so.

1.2 How you accept#

A sender accepts these Terms by creating an account, by signing an order that refers to them, or by using the Service. If you accept for a company or other organization, you confirm that you have authority to bind it, and "you" means that organization. If you do not agree, do not use the Service.

Signers are bound by the Electronic Record and Signature Disclosure they agree to on the signing page. These Terms describe how the Service treats signers and their Documents.

1.3 Account terms#

Sender accounts are created on our platform under the account terms the sender accepted at sign-up. These Terms add to those account terms for the e-signature service. If the two conflict about the e-signature service, these Terms govern. On everything else, the account terms govern.

1.4 What they do not cover#

These Terms cover the Service only. The documents you send and sign are agreements between you and the other parties to them, not with us. If you use other Excess Quest products, separate terms apply to those products.

2. Definitions#

• Account means a sender's workspace in the Service, including the people the sender adds to it.
• Document means a file or template-based document sent through the Service for signature, together with its recipients, fields, and history. Some screens call this an envelope.
• Signing link means the unique link we email to a signer, or that a sender shares with one, to open a Document.
• Completed Document means the final PDF produced after every signer has signed.
• Audit Record means the record of events for a Document described in Section 7.
• Your Content means the Documents, templates, field layouts, logos, and other material you upload or create in the Service.

3. Sender Accounts#

3.1 Business use#

The Service is for businesses and professionals. You must be at least 18 years old and able to form a binding contract to open an account.

3.2 Your account and your team#

You must give accurate account information and keep your login details confidential. You may add team members to your account. The people in your account can see and act on the Documents in it, and you are responsible for what they do. We can place a Document on legal hold at an account owner's or admin's request, or when the law requires it. Tell us at once if you think someone has used your account without permission.

4. Signers#

4.1 No account needed#

Signers do not need an account. A signer opens the Document from a signing link, reviews it, and signs or declines it in a web browser on a computer or phone.

4.2 Your relationship is with the sender#

When you sign a Document, your agreement is with the sender and the other parties named in it. We do not draft, review, or take part in the Documents sent through the Service, and we are not a party to them. Questions about a Document, its terms, or a paper copy go to the sender, whose details are shown on the signing page.

4.3 Keep your link private#

Anyone who has a signing link can open the Document it leads to. Do not forward your link. If you received a link by mistake, close the page and tell the sender.

4.4 Links that stop working#

A signing link stops accepting signatures when the Document is completed, and stops working when the Document is declined or voided, when the sender revokes or replaces the link, or when it expires. Signing links currently expire 120 days after they are sent. We may change that period for new links.

5. Electronic Records and Consent#

5.1 Consent on every signature#

Before a signer can sign, the signing page shows an Electronic Record and Signature Disclosure and asks the signer to tick a box agreeing to it and to sign electronically. The Service will not accept a signature without that agreement. This does not apply when a sender signs their own Document alone. We record the version of the disclosure, the time the signer's device reported for agreeing, and our server time for the signature, with the IP address and browser reported to our server.

5.2 Effect of an electronic signature#

In the United States, the federal Electronic Signatures in Global and National Commerce Act (ESIGN) and state laws based on the Uniform Electronic Transactions Act (UETA) generally give an electronic signature the same effect as a handwritten one. Typing your name, drawing your signature, or uploading an image of it in a signature field, and ticking the consent box, are each your electronic signature. Some documents and some places have different rules.

5.3 What the sender must do#

If you are a sender, you are responsible for:

• deciding whether each Document may lawfully be signed electronically, since some documents, such as wills and certain notices, are excluded or need more;
• giving your signers any disclosure, and obtaining any consent, that ESIGN, UETA, or other law requires beyond the disclosure on the signing page, including the disclosures required before records are given electronically to a consumer;
• arranging any notarization, witnessing, filing, or recording a Document needs; and
• giving a signer a paper copy of a Document they signed when they ask for one.

5.4 Identity#

We do not verify who a signer is. A signing link shows only that the person who used it had access to the link, usually because it was sent to their email address. A hosted in-person session shows only that a member of the sender's team started it on their device. If a Document needs stronger proof of identity, the sender must arrange it outside the Service.

6. Sending, Signing, Declining, and Voiding#

6.1 Sending#

A sender can prepare a Document from a template or from an uploaded PDF, add up to four signers, place fields for them, and choose whether they sign in a set order or all at once. When signers sign in order, each one is invited only when it is their turn. The sender can also sign a Document alone, or host a signing session in person on their own device for the signer whose turn it is.

6.2 Signing#

A signer can type their name, draw a signature, or upload an image of one, and fill in the fields the sender assigned to them. Once a signer signs, their signature cannot be withdrawn through the Service.

6.3 Declining#

A signer can decline to sign and may give a reason. The sender is told, and the Document stops accepting signatures. The sender can send a new request.

6.4 Reminders, revoking, and replacing links#

A sender can send reminders to signers who have not signed, revoke a signer's link, or send a replacement link. A replaced link stops working.

6.5 Voiding#

A sender can void a Document at any time before every signer has signed. A voided Document stops accepting signatures. Signatures already given stay in its Audit Record. Once every signer has signed, the Document can no longer be voided.

6.6 Email delivery#

We send invitations, reminders, and copies by email through our email delivery provider. We do not promise that any email will be delivered, opened, or read, and a sender should confirm with a signer who has not responded.

7. Audit Trail and Certificate#

7.1 What we record#

For each Document we record events such as when it was created, sent, viewed, agreed to, signed, declined, voided, and completed, when reminders were sent, and email delivery events reported by our email provider. Each event is stored with its time, from our server clock, and, where one applies, the name and email entered, the IP address, and the browser reported to our server. Each event also records how the signer reached the signature: by signing link or in a hosted session.

7.2 The completed document#

When the last signer signs, we build the Completed Document with every signature in place, compute its SHA-256 fingerprint, and store it so that it cannot be overwritten. Where our sealing certificate is in place, we also add a digital seal to the PDF using a SignDeck platform certificate. The seal can show whether the file has changed since it was sealed. It is self-signed, so a PDF reader may not show it as trusted, it does not identify the signers, and it does not include a trusted timestamp. We email the Completed Document to each signer and to the sender.

7.3 Certificate of completion#

Senders can download a certificate of completion for each Completed Document, on its own or combined with the document. It lists the document title and ID, the completion time, the fingerprint, whether a seal was applied, each signer with their email, role, and signing time, and the events in the Audit Record with their times and IP addresses. Times are shown in local time and in UTC.

7.4 What these records are#

The Audit Record and the certificate are records of what our systems observed. They are not legal advice, they do not prove who a signer is, and they do not guarantee that a court or anyone else will accept a Document.

8. Storage, Retention, and Deletion#

• How long we keep them. We keep your Documents, their Completed Documents, and their Audit Records while your account is active. Afterwards we keep them as long as needed for the purposes in our Privacy Policy, to meet legal obligations, and to resolve disputes, and then we delete or de-identify them. A sender can ask us to remove a Document.
• Drafts. You can delete a Document that has not been sent.
• Sent and signed Documents. You can archive a Document that has been sent. Archiving hides it from your main list and deletes nothing. We do not offer self-service permanent deletion of sent or signed Documents. If you need one removed, write to us and we will act as the law allows.
• Download link. The download link in the completion email works for 30 days after signing.
• Legal hold. We can place a Document on legal hold at an account owner's or admin's request, or when the law requires it. A Document on hold cannot be deleted by anyone until the hold is released.
• Your own copies. Keep your own copy of every Completed Document and certificate. Signers receive a copy by email.
• Before you close your account. Download anything you need first.

9. Your Documents and Your Responsibilities#

9.1 You own your content#

You keep all rights in Your Content. You give us a limited license to host, copy, process, display, and transmit it only to provide and secure the Service, to keep the records described in these Terms, and as the law requires.

9.2 What you are responsible for#

As a sender, you are responsible for Your Content and for every Document you send, including its wording, its accuracy, and its lawfulness; for having a lawful reason to send it to each recipient; for entering the right names and email addresses; and for your branding, including any logo you upload. Templates and examples we provide are starting points, not legal advice. Have a lawyer review any document that matters to you.

9.3 Our property#

We own the Service, its software, and its design. Other than the right to use the Service under these Terms, we give you no rights in them.

10. Acceptable Use#

You must not use the Service to:

• sign for someone else, forge a signature, or impersonate any person or company;
• send a Document you know is false, misleading, or fraudulent, or trick anyone into signing;
• send Documents to people who have no reason to receive them, or send bulk or unsolicited mail;
• collect passwords, card numbers, or other credentials through a Document or field;
• send anything unlawful, infringing, threatening, or harassing, or anything that breaks a law that applies to you or your signers;
• upload malware or files designed to harm a device;
• open a signing link that was not meant for you, or try to guess or reuse links;
• test, probe, or get around our security, rate limits, or access controls, or scrape, copy, or overload the Service; or
• reverse engineer the Service or build a competing service from it, except where the law allows.

We may remove content, stop a Document, or suspend access when we reasonably believe this Section has been broken.

11. Fees#

Fees for the Service, if any, are set in a separate order or agreement with us, and that document governs billing, renewal, and refunds. Fees do not include taxes, which you pay where they apply. Signers never pay to sign.

12. Suspension and Termination#

You may stop using the Service and close your account at any time. We may suspend or end your access if you break these Terms, if your use creates a security or legal risk, if fees you owe are unpaid, or if the law requires it. Where we can, we will give notice first. When access ends, signing links for your unfinished Documents may stop working. Sections 7.4, 8, 9, 13, 14, 15, 16, and 18 survive.

13. Disclaimers#

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT THE LAW ALLOWS, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT PROMISE THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY EMAIL WILL BE DELIVERED, OR THAT ANY DOCUMENT WILL BE VALID, ENFORCEABLE, OR ACCEPTED BY A COURT, AGENCY, OR OTHER PARTY. WE ARE NOT A LAW FIRM AND DO NOT GIVE LEGAL ADVICE.

14. Limitation of Liability#

TO THE FULLEST EXTENT THE LAW ALLOWS: (A) WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL, EVEN IF ADVISED OF THEIR POSSIBILITY; AND (B) OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF THE FEES YOU PAID US FOR THE SERVICE IN THE SIX (6) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM AND ONE HUNDRED U.S. DOLLARS (US$100). WE ARE NOT LIABLE FOR THE CONTENT OF ANY DOCUMENT OR FOR ANY DISPUTE BETWEEN THE PARTIES TO IT. THESE LIMITS DO NOT APPLY TO A PARTY'S FRAUD OR WILLFUL MISCONDUCT, OR WHERE THE LAW DOES NOT ALLOW THEM.

15. Indemnification#

If you are a sender, you will defend and indemnify Excess Quest and its owners, staff, and contractors against any third-party claim, and the resulting losses, costs, and reasonable attorneys' fees, that arises from Your Content, from a Document you sent, from your use of the Service in breach of these Terms, or from your breach of law.

16. Governing Law and Disputes#

These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-laws rules. Before starting any claim, write to us at the address in Section 19 and give us sixty (60) days to try to resolve it. Subject to that, you and we consent to the exclusive jurisdiction of the state and federal courts located in Delaware, except that either party may bring an individual claim in small claims court where it qualifies. Any claim relating to the Service must be brought within one (1) year after it arises, or within the shortest period the law allows if longer.

17. Changes to These Terms#

We may change these Terms. We will post the new version on this page with a new date. For a material change, we will give account owners at least thirty (30) days' notice by email before it takes effect. If you keep using the Service after a change takes effect, you accept it. A change applies only from its effective date, and Documents completed before then are not affected. Changes required by law, or that do not reduce your rights, may take effect sooner.

18. General#

• Assignment. You may not transfer these Terms or your account without our written consent. We may transfer them to an affiliate or to a successor in a merger, acquisition, or sale of assets.
• Entire agreement. These Terms, the Privacy Policy, and any signed order for the Service are the entire agreement between us about the Service. If a signed order conflicts with these Terms, the order controls only where it says so expressly.
• Severability and waiver. If a provision is unenforceable, it is limited to the minimum extent necessary and the rest remains in effect. Not enforcing a provision is not a waiver.
• Force majeure. We are not liable for delay or failure caused by events beyond our reasonable control, including outages of the cloud, network, or email providers we rely on.
• Relationship. We are independent contractors. There are no third-party beneficiaries of these Terms.
• Export and sanctions. You must comply with United States export control and sanctions laws and must not use the Service from, or for anyone in, a place or on a list those laws restrict.
• Notices. We may give notice by email to the account owner or in the Service. You give notice to us by email to the address in Section 19 and, for legal notices, also by mail.

19. Contact#

Excess Quest LLC, 8 The Green, Ste A, Dover, DE 19901, United States

Email: support@excessquest.com

If you signed a Document and have a question about it, contact the sender first. Their details are on the signing page and in the email that brought you there.