1. Introduction

This Service Agreement (the “Agreement”) is a legal agreement between you (“You”, “Your”, or “Customer”) and OkiSign LLC, a Florida Limited Liability Company with its principal place of business located at 3001 Aloma Ave, Winter Park, FL 32792 (“OkiSign”). By continuing to access our site, apps, products or service, you and the company you represent, agree to be bound by these terms.

The terms in this document govern the use and access to OkiSign’s website, web apps, mobile apps, network, data and services (collectively OkiSign). If You do not agree to these terms and conditions, do not continue using or accessing OkiSign.

This Agreement is specific to accessing and using OkiSign. It does not provide any service rights or licenses for any other Services. OkiSign is an Agreement Management platform.

OkiSign access is provided through a monthly memberships. Your right to use the OkiSign is generally set forth in this Agreement.

If You are agreeing to this Agreement either on behalf of Yourself or a company or other legal entity, You represent that you have the authority to bind such entity. You must be at least eighteen (18) years old to agree to these Terms. If You do not have such authority, are not at least eighteen (18), or if You do not agree with these Terms, you may not use the Services. If You or your organization are subject to the GDPR, You also accept our Data Processing Agreement, please check our Privacy Policy as well.

Carefully read this whole Agreement prior to using the OkiSign. This Agreement between You and OkiSign becomes effective as soon as You start accessing the site.

General

This Agreement supersedes all prior written or oral communications between the parties with respect to the subject matter hereof. If any of the clauses were to be legally conflicting and unenforceable, the rest of the Agreement will still stand. By clicking the “I Accept”, Customer acknowledges that it has reviewed the terms and conditions of this Agreement and all terms incorporated by reference, and agrees to be legally bound thereby.

In addition, when using the Services, you shall be subject to any posted guidelines, rules, or terms applicable to such Services, which may be posted from time to time and are subject to change. All such guidelines, rules, or terms are hereby incorporated by reference into this Agreement. OkiSign may choose to offer other products or services that are governed by additional terms and conditions.

OkiSign reserves the right, at its sole discretion, to modify, discontinue, or terminate the Services or to modify this Agreement at any time. These Terms can be viewed at any time at https://okisign.com/terms. If we modify these Terms, we will provide You with notice of the modification. By continuing to access or use the Services after we have given notice of a modification to the Terms, You agree to be bound by the modified Terms. If the modified Terms are not acceptable to You, You agree to immediately stop using the Services.

Mobile Use and Communications

Users agree to receive communications and content on any phones or emails provided by them on their profiles or acquired within the platform. Such communications include SMS, MMS, Emails, Calls, Push Notifications and in-App Notifications.

2. Definitions

2.1 Documentation means any guides, instructions, examples and related information and data provided by OkiSign with the intent to help the user learn, understand and be trained in the use of its products and services.

2.2 Products and services mean, collectively, the software managed and offered by OkiSign and the options, functions and benefits available through such software.

2.3 “Personal Data” means any information related to or identifiable to a Person, directly or indirectly. Including common personal identifiable data attributes such as name, an identification number, location data and/or “personally identifiable information” conforming local data protection and privacy laws or regulations.

2.4 User(s) means any individual, person or company who has been supplied with or obtained an account to access and use OkiSign. Users also include, site visitors, employees, subusers, consultants, customers, contractors and agents, and third parties with whom You transact through our Products and Services.

2.5 Vendor(s) means the third parties that authors, creators, providers or licensors who provide OkiSign with portions of our Products or Services, as well as advertising, imaging and any media, communications, merchandising and documentation.

3. Power of Acceptance

By agreeing to this Agreement either on behalf of Yourself or a company or other legal entity, You represent that You have the authority to bind such entity. You must also be at least eighteen (18) years old to agree to these Terms. If You do not have such authority, are for any reason ineligible to exercise such representation, You may not use the Services, regardless of any liability for damages or penalties due to misrepresentation. OkiSign reserves the right to request proof of age or identification at any stage so that we can verify compliance with the terms of service and any laws and regulations.

4. Fees, Prices and Payments

4.1 Fees include recurring charges for the payment of membership, addons and used benefits such additional services not included in the membership payment. Fees must be paid monthly to continue to use, or access OkiSign as a User.

4.2 Amount and currency. All payments under this Agreement shall be made in United States dollars. Charges will be based on the specific plan chosen by the Customer.

4.3 Payment Failure. If You do not pay any monthly Service Fee covering a given period, Your account will fall in a grace period after which the account will be deleted permanently. OkiSign reserves the right to define and change the duration of the grace period. To recover the account while on grace period, due fees must be paid in full.

4.4 Payment Terms. The payments made to OkiSign shall be made on a recurring basis, and shall be charged in accordance with Your plan automatically at the beginning each cycle month on the day when you started your membership, also referred as cycle day.

4.5 All Fees are stated, and shall be paid, in U.S. Dollars, are non-refundable, and are exclusive of all taxes, levies, or duties, which are Your responsibility.

4.6 Payment Processing. You agree to promptly notify us of any changes to Your billing information. You authorize us to charge Your credit card, or any alternative payment method on a recurring basis for all applicable fees and to store Your credit card information on our infrastructure and/or on third-party payment processing providers infrastructure.

5. Use and Access Rights

5.1 Agreement based rights. Use and access are subject to the acceptance of the terms and conditions in this Agreement, as well as keeping payments up-to-date.

5.2 Membership based rights. As a User, You have the right to use all the products and services included in your current membership.

5.3 Responsibility. You are responsible for the data sent and how our products and services are operated by you and any users added to your account.

6. Restrictions

6.1 Individuality. Each person using your account must be registered as a user in your account.

6.2 Non transferable. Your account access can not be transferred, leased, rented, lent or shared to third parties without prior consent from OkiSign.

6.3 User limits. The number of total users allowed in your account and its price will be set in your membership.

6.4 No abuse. Stress testing, intentionally overloading or attempting to reverse engineer are not allowed and are considered an attack to the products and services and OkiSign as a whole. Such behavior will result in account termination at the sole discretion of OkiSign, not disregarding the pursuit of penalties and indemnification due to damages produced.

6.5 No breach. You may not allow any individual, entity, or third party to circumvent, disable, or otherwise interfere with Okisign’s security features.

6.6 No scraping. You must not use any robot, spider, scraper, or other automated means to access or monitor the Products or Services.

6.7 Trademark limits. The use of OkiSign trademarks is forbidden without our prior written consent.

7. User Credentials

User credentials (email login and password) are meant to be personal. A business with multiple individuals accessing OkiSign must add multiple users as the only way to ensure accountability for any operations within the account. For security reasons, OkiSign will do all that is technically and legally possible to ensure users credentials are not shared among multiple individuals.

Account Registration. You will need to register for an account for the OkiSign Service in order to place orders or access or the Service. Any registration information that You provide to us must be accurate, current, and complete. You must also update Your information so that we may send notices, statements, and other information to You by email or through Your account. You are responsible for all actions taken through your accounts.

8. Security

Customer acknowledges and agrees that use of the OkiSign Service necessarily involves the transmission and storage of data over networks and hardware devices that are not owned, operated, or controlled by OkiSign. OkiSign is not responsible for any intercepted, lost, altered, stolen, or otherwise modified data that is transmitted or stored across such networks. By using the products, You accept all risks and agree OkiSign will not have any liability for damages or equitable relief in any way.

9. Data

9.1 License. While using the Service, Users and End Users may transmit or store certain content, data, or information to the Service, such as documents, numbers, statistics, figures, representations, text, and information processed through the Service, or submissions made through the support for the Service (“Data”). The devices used for such submission and the methods of transmission are outside of OkiSign’s control, and OkiSign holds no liability in any form. OkiSign has no liability in any form for any Data you share through the Service.

9.2 You must ensure that at all times Your use and storage are compliant with federal, state, and local laws and regulations. You represent and warrant that (1) You have obtained all of the necessary rights, releases, and permissions to provide any and all of Your Data to OkiSign and (2) Your data was transferred with informed consent in such a way that does not violate any law or regulation or the rights of any third party. OkiSign assumes no responsibility or liability for any of Your data, and You shall be solely responsible for the consequences or results of using, disclosing, storing, or transmitting it.

9.3 Responsibility. You represent and warrant that You have obtained the rights to all of the rights, including intellectual property rights, subsisting in the Data submitted by You, and You have the right to provide the Data and the license granted in these Terms to use such Data as stated in this Agreement. You further agree as soon as you become away of any unauthorized use or loss of information, You will notify OkiSign. You agree that OkiSign will not have any liability or owe any damages from your failure to comply with this clause.

9.4 Security. OkiSign agrees, during the Term, to implement reasonable security measures to protect Data and will, at a minimum, utilize industry standard security procedures. However, because of the nature of the Service, which combines public and private information that is conveyed over the public internet on devices outside of OkiSign’s control, then to the maximum extent permitted by law: (i) OkiSign shall not be held liable for any damage caused as a result of Your use of the Service, its unavailability, or any error or faults in the Service and (ii) You alone shall be responsible and liable for the maintenance and backup of all Your Data and (iii) You will be responsible for any usage or breach of any Data rule, regulation, or restriction, to include but not limited to any GDPR restriction.

9.5 Sensitive Data That Cannot Be Submitted. Customer acknowledges and agrees that Customer will not submit to OkiSign (1) any personal identifiable information, (2) any patient, medical, or other health information or protected health information that is regulated by any law or regulation, (3) any other data that is protected by any law or regulation, or (4) any data that creates any liability or damages for OkiSign. OkiSign, at its sole discretion, can delete data or files at any time.

10. Misuse of the Services

We reserve the right to suspend or terminate access to Products and Services for any misuse or violation of this clause. Misuse includes, but is not limited to, actions that:

• Violate any applicable law or regulation.

• Attempt to gain unauthorized access to the system or other accounts.

• Transmit malicious software, viruses, or harmful content.

• Engage in activities that disrupt the integrity, performance, or security of our Services.

• Use the Services to send spam, phishing, or unsolicited communications.

• Exploit the Services for unauthorized commercial purposes or reselling without permission.

11. Additional Licenses

11.1 You may need to obtain additional licenses to connect to the OkiSign Services through a programmatic API.

11.2 Customers agrees that all access and use of the Service shall happen only with duly licensed systems including hardware and software. Customer agrees that in the event of any third-party claim about any third-party licenses, OkiSign will have no liability to the Customer in any form. Customer further agrees that Customer will fully indemnify OkiSign in the event the third party files any claim regarding any Customer use of a third-party product in connection with the Service without Customer obtaining proper licenses.

12. Data Shared with Third Parties

The license rights granted under this Agreement shall be for a period commencing at payment of the license subscription fee or ineligibility for the Community License.

12.1 The license will continue until either (i) the subscription expires, or (ii) the subscription license terminates.

12.2 Trial duration will depend on the plan offered.

12.3 OkiSign shall have the right to terminate Customer’s license if Customer fails to pay any required license fee(s) or otherwise fails to comply with the license terms and conditions set forth herein. In the event that Customer’s failure to comply with the license terms and conditions is not payment-related or a material breach of the Agreement, OkiSign shall give written notice to Customer of such default, and if such default has not been remedied within thirty (30) days after such notice, the license granted hereunder shall terminate. Specific termination timelines are as follows:

• In the event Customer fails to renew the subscription, then all licensed rights granted under this Agreement will immediately terminate, and OkiSign shall not be required to give any written notice of such termination. All data stored under the account will be deleted.
• In the event that Customer has failed to pay any required fee(s), whether an initial license fee or fee for additional licenses or any other services, OkiSign shall give written notice to Customer of such default, and if such default has not been remedied in full within five (5) days of such notice, all licenses granted hereunder are hereby automatically revoked without further notice and all data stored under the account will be deleted.
• Once any licenses are revoked for failure to pay license fees, all use of the Licensed Product, shall be strictly prohibited. OkiSign shall not be required to give any written notice in the event that Customer’s material breach of this Agreement results in the immediate termination of the license granted under this Agreement.
• Free Accounts that are inactive for more than 6 months may be scheduled for automatic deletion for security reasons.
• It is your responsibility to cancel any automatic subscription renewals if you no longer use the service.

12.4 Customer agrees that, upon expiration of the license term or upon termination for any reason, Customer shall immediately cease access and use of the Services.

12.5 In the event of termination or expiration, it is your obligation to transfer, back up, or otherwise maintain your data. You acknowledge that you should take all necessary precautions to avoid any loss of data that might result when the Licensed Product can no longer be used, accessed, or properly licensed. OkiSign will not be liable for loss of data following the termination or expiration of this Agreement.

12.6 Sections 10 through 15 of this Agreement shall survive the expiration or termination of Customer’s license and this Agreement.

13. Warranty

13.1 THE SERVICES PROVIDED TO CUSTOMER HEREUNDER ARE PROVIDED TO YOU “AS-IS” AND WITHOUT ANY WARRANTY OR INDEMNIFICATION OF ANY KIND. ACCORDINGLY, CUSTOMER ACKNOWLEDGES AND AGREES THAT CUSTOMER SHALL REMAIN SOLELY LIABLE FOR ANY CLAIMS THAT MAY ARISE FROM CUSTOMER’S USE OF THE SERVICES, REGARDLESS OF WHETHER SUCH CLAIMS ARISE ALONE OR IN CONNECTION WITH ANY OTHER PRODUCTS PROVIDED BY OKISIGN. FOR THE AVOIDANCE OF DOUBT, CUSTOMER HEREBY ACKNOWLEDGES AND AGREES THAT OKISIGN SHALL HAVE NO LIABILITY TO CUSTOMER WHATSOEVER UNDER ANY CIRCUMSTANCES RELATED TO THE SERVICES.

OKISIGN DOES NOT WARRANT THAT THE SERVICE OR ACCESS TO AND USE OF THE SITES OR SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES OR SERVICE IS FREE FROM VIRUSES OR OTHER HARMFUL CODE.

13.2 OKISIGN OFFERS NO WARRANTY REGARDING THE RELIABILITY OF THE PERFORMANCE OF THE SERVICE, INCLUDING WITHOUT LIMITATION ANY WARRANTY: (I) THAT THE SERVICE, INCLUDING ANY ANTI-VIRUS OR ANTI-SPAM FEATURES, WILL DETECT, BLOCK, OR PREVENT ALL VIRUSES, SPAM, OR OTHER HARMFUL OR UNWANTED CODE OR INTRUSIONS; AND (II) REGARDING THE BACKUP OR STORAGE OF CUSTOMER DATA ON OR BY THE SERVICE.; AND (III) THAT THE SERVICES WILL BE WITHOUT DISRUPTION OR OUTAGES. FROM TIME TO TIME, OKISIGN MAY NEED TO TAKE SERVICES OFFLINE FOR MAINTENANCE AND SUPPORT.

THE ABOVE WARRANTIES REPLACE ANY OTHER WARRANTIES.

14. Indemnification

OkiSign provides the Services and access to the Licensed Products to Customer without any indemnification of any kind.

OkiSign does not provide any copyright indemnification, patent indemnification, trademark indemnification, data privacy indemnification, or other trade secret indemnification. Accordingly, Customer hereby assumes all risks and liabilities that may arise from Customer’s use of the Services. Moreover, in addition to any other limitation of liability set forth in these terms of use, You expressly agree that in no event shall OkiSign or its officers, directors, employees, contractors, affiliates, or agents be liable to You or any third party for the following:

14.1 Any direct, indirect, punitive, incidental, special, or consequential damages or any damages incurred by You, however caused and under any theory of liability. This shall include, but is not limited to, lost profits (directly or indirectly), loss of data, loss of files, loss of goodwill or business reputation, or other intangible loss;

14.2 Any loss or damage that may be incurred by You, or arising from an outage, or arising out of or in any way connected with the use or performance of the Services; the delay in using or inability to use the Services; the provision of or failure to provide services; any information, documents, and publications obtained through the Website; or any loss or damage otherwise arising out of the use of the Services;

14.3 Any loss or damage arising out of unauthorized access to or alteration of Your transmissions of data and of any material or data sent or received or not sent or received;

14.4 Any loss or damage arising out of any inaccuracies in the translation of information, documents, and publications or for any misunderstandings resulting from differences in language usage, dialect, or particular regional usage in such translations.

14.5 We have no liability for any loss, damage, or misappropriation of Your data, files, or information under any circumstances or for any consequences related to changes, restrictions, suspensions, or terminations of the Agreement.

15. How to Contact Us

If you have any questions or suggestions about this Terms of Service, do not hesitate to contact us at support@okisign.com