Terms of Use

Last Updated: December 18, 2024

These Terms of Use ("Terms") govern your use of the SignWith platform (accessible at https://signwith.co/ and any associated web applications, hereinafter referred to as the "Platform"). Please read them carefully. By accessing or using our Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

If you do not agree with any provision of these Terms or our Privacy Policy, you must immediately discontinue use of the Platform.

Our Privacy Policy is available at https://signwith.co/privacy.

Definitions

In these Terms, “Company”, “we”, “our”, or “us” refers to Floating Passenger LLP, operating SignWith. “You” or “User” refers to any person or entity using the Platform. “Services” refers to the electronic signature, document workflow, and related features offered through the Platform. “Document” refers to any file you upload, send, sign, or manage through the Services.

Acceptance of Terms of Use

We reserve the right, at our discretion, to make changes to the terms of use and privacy policy at any time. We may do this for a variety of reasons including to reflect changes in new features, changes in business practices or requirements of the law. The most updated version is available on our website with the date of last revision. Please check the terms of use and privacy policy periodically for changes, as all modifications are effective upon publication. Continued use of our website after revision indicates the user's acceptance of the terms of use. We will notify our users when modifications are made to the terms of use and/or privacy policy via our website.

Description of Service

SignWith is a digital platform designed to facilitate the electronic execution of documents. It allows users to create, send, receive, and sign documents electronically in a secure and legally compliant manner. The service is offered on a pay-per-document or bundle subscription model, catering to both individual and enterprise users.

Eligibility

To be eligible to use the Platform, you must:

  • Be at least 18 years old and legally capable of entering into a binding contract.
  • Not be prohibited or restricted from using the Platform under any applicable laws or regulations for the time being in force.
  • Provide accurate, current, and complete registration information.
  • Maintain the security of your account credentials.
  • Accept full responsibility for any activities that occur under your account.

We reserve the right, at our sole discretion, to refuse access to the Platform, suspend, or terminate any User account without prior notice in case the User fails to meet any of the above eligibility criteria or the User's conduct or account activity is found to be unlawful, fraudulent, abusive, or otherwise inconsistent with the terms and conditions of use.

Further the User acknowledges that this Agreement is being executed virtually or electronically, and such electronic acceptance shall be deemed to have the same legal effect as a physically signed document under applicable laws.

Registration and Your Account

If you want to use the Website, you first need to register. In order to register, you need to authenticate yourself using your email ID. After registering, you can create a personal account ("Your Account"). When creating Your Account, we will need your consent. You are further invited to provide us with more information about yourself, including but not limited to your interests apart from basic information about yourself (such as your name, gender, date of birth and city of residence). Your email ID will serve as your identifier while contacting support.

The registration and creation of Your Account qualify you as a user. Users can be suspended by us if we receive several complaints from other users.

We do not accept any responsibility for the login credentials used to sign in to the service. You accept sole responsibility for all activities that occur under those credentials. The Website shall not be liable for any loss, damage, or unauthorized activity resulting from the misuse, disclosure, or compromise of the User's credentials.

All activities conducted under the User Account shall be deemed to have been authorized by the User

By registering with us, you grant us permission to send you any notifications including about your profile-related activities, other relevant services, through email, SMS, or any other mode of communication etc.

If you feel your account has been compromised and accessed by someone other than you, contact us to request for removal of your account from your registered email ID.

In the event the User believes that their account has been compromised, accessed, or misused by an unauthorized person, they must immediately notify the Website's support team using their registered email ID to request the suspension or deletion of the account.

We shall not be liable for any consequences arising prior to such notification being received and acknowledged

Community Guidelines

You agree to us using emails and other means to notify and engage you with the service. Our users are expected to conduct themselves with a high level of dignity and professionalism. Unacceptable behaviour can lead to the termination of their membership. The Website expects all Users to conduct themselves with courtesy, integrity, and professionalism while accessing or using any feature of the Website. The following standards of conduct are mandatory for all Users:

  • You will not post, or transmit to other users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates legal rights.
  • You will not use a robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, data mine, or in any way reproduce, reverse engineer, or bypass the navigational structure or presentation of the service or its contents.
  • You will not use our website for soliciting your own business activities or for commercial purposes.
  • You will not provide inaccurate, misleading, or false information to Us or to any other user.
  • You will not publish links to other websites.
  • You are not permitted to share details of your login with another person.
  • You should use your discretion while sharing personal information with other users on Our Website. Our members are expected to exercise simple precautions for their privacy and safety.
  • You will not upload viruses or other malicious code or compromise the security of the services offered by Us in any way.
  • You will not post content that is vulgar, defamatory, controversial, violative of copyrights and trademark rights, or violative of any law that the publishing of such content may be subject to.
  • You will use in a lawful, responsible, and respectful manner, any information provided by another of our users.
  • You will not use the service to disrupt public order.
  • You will not infringe upon the normal running of website or its infrastructure in any way.
  • You will not post, copy, modify, disclose, or distribute via our website any confidential information; or any other material which is subject to our or a third party's (intellectual property) rights, without first obtaining our or the relevant third party's prior written consent.
  • You agree to compensate us for any claim for damages (including any legal fees in relation to such claim for damages) demanded by a third party in respect of any matter relating to or arising from any breach or suspected breach by you of these terms of use or the rights of a third party. We reserve the right to issue warnings, suspend access to Your Account or terminate Your Account, if we reasonably consider that you are in breach of these terms of use.
  • You shall not post, upload, transmit, or share any content that is unlawful, defamatory, obscene, harassing, or otherwise objectionable.
  • You shall not impersonate or misrepresent their identity, qualifications, or affiliations.
  • You shall not engage in abusive, discriminatory, or offensive communication with other users or with representatives of the Website.
  • You shall not use the Website for fraudulent, deceptive, or misleading purposes.
  • You shall respect the privacy and rights of other users and refrain from unauthorized collection, sharing, or dissemination of personal data.
  • Users shall comply with all applicable laws, regulations, and the terms of this Agreement while using the Website.

We provide assistance and guidance through our customer care team. When communicating with us, you agree not to be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or indulge in any other inappropriate behaviour. If we feel that your behaviour towards our customer care team or any other employee is threatening or offensive, we reserve the right to immediately terminate your account without any warning.

We reserve the right to investigate and/or terminate your account without any refund or reimbursement if we feel you have misled Us or Our users, or misused the Service, or behaved in a way that we regard as inappropriate or unlawful, including actions or communications that occur off the service involving users you met through website.

Safety

The company currently does not conduct any criminal and/or other formal background checks of all its users and does not attempt to verify the statements of its users. You are solely responsible for taking all appropriate safety precautions in connection with the use of the website and contacting other users. We make every effort to keep the information made available on the website accurate and up to date, but we do not guarantee that the information is accurate, complete, or current. No rights can be derived from it. Any reliance on the provided information is at your own risk. We do not warrant that the website will be available uninterrupted and in a fully operating condition. All content and services on the website are provided on an "as is" and "as available" basis. Any decisions or actions taken by you based on the information provided on or via the website are at your sole discretion and risk.

You will not post, or transmit to other users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights.

We shall not collect data from minors. Should a Member lie about his/her date of birth, and particularly if he/she fraudulently claim to be over 18 years of age, the parents of the minor in question should inform Us of this by sending an e-mail requesting the data to be deleted. We commit to deleting all data on the minor in question as soon as possible.

Purchases, Cancellations, Returns and Refunds

We exclusively deal in digital services. No physical goods are sold, delivered, or exchanged through the Website. Accordingly, no cancellation, replacement, or return shall be permitted once a digital good or service has been purchased, activated, or made available to the User.

Our users can make payments to purchase document credits, bundles, or subscriptions (as applicable) to use the Services. We may introduce, modify, or discontinue plans, pricing, or offerings from time to time.

The Website reserves the absolute right, at its sole discretion and without prior notice, to introduce new digital goods, or modify, suspend, or discontinue existing digital goods at any time. Such changes shall not entitle any User to a refund, credit, or compensation of any kind.

Some Software Stores may charge you sales tax, depending on where you live. If you purchase an auto-recurring periodic subscription, your Account will continue to be billed for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. If you do not wish your subscription to renew automatically, or if you want to change or terminate your subscription, you will need to log in to your IAP account and follow instructions to cancel your subscription, even if you have otherwise deleted your account with us. Deleting your account on website does not cancel your subscription; You will retain all funds charged to your Account until you cancel your subscription through your Account.

Payments are generally non-refundable except as required by applicable law. We may, at our discretion, consider refund requests in limited cases (for example, technical failures attributable to us) if raised within 14 days of the transaction date and if the purchased credits/services remain unused. Approved refunds (if any) will be issued within a reasonable time.

Any payment related queries regarding payments made from IOS devices using your Apple ID must be sent to Apple and not to Us. To request a refund, please visit https://getsupport.apple.com. If you made the payment using your Google Play Store, please contact Our customer support by writing with your order details and invoice from the Google Play Store. If you made a payment through the Website or through any other payment gateway, please contact Our customer support by writing with your order details and invoice.

Pricing Structure

The Platform offers:

  • Free Plan: Up to 3 signed documents per month.
  • Paid Plans:
    • 10 documents: $9
    • 25 documents: $19
    • 50 documents: $29
  • Custom enterprise packages are also available upon request.

Payment term

  • Payments are processed via secure third-party gateways.
  • All prices are inclusive of applicable taxes unless otherwise stated.

Refunds

  • Payments are generally non-refundable.
  • Exceptions may be granted in cases of technical failures or service disruptions, subject to review.

License

The rights granted by us to the user are restricted to private and personal use. As a user of our website, you grant us a free-of-charge, non-exclusive, international, and permanent license for the use, reproduction, representation, modification, and translation of any basic intellectual property-related component (text, emojis, photos, videos etc.) that it may provide through the website for the non-exclusive purpose of communicating with other users on website. We can use such content in any format on the Website, App, ads, other shielded areas accessible by other users and for other internal purposes. We reserve the right at any time to modify or discontinue, temporarily or permanently, the service (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the service.

Deletion of Account

A user of our website may decide at any time and without notice to delete their account. If this user wishes to use website again, they will be required to register once again.

If you delete your account, your access to the Services will be terminated. Subject to applicable law and any legal retention obligations (including lawful requests by authorities or legal holds), we will process deletion of your personal data and Documents in accordance with our Privacy Policy.

We reserve the right to terminate your membership, to suspend a profile or to disable access with respect to a breach of any of the terms, with or without notice. Under any circumstances, purchases made on the website will not be refundable.

Third-Party Services

The Platform may rely on third-party service providers (including cloud hosting, storage, email/SMS delivery, analytics, and payment processing). To the maximum extent permitted by law, we are not responsible for third-party acts or omissions, outages, or failures. Your use of third-party services may be subject to their separate terms and policies.

Intellectual Property

  • All proprietary content and trademarks of SignWith are the property of Floating Passenger LLP.
  • Users retain rights to their content uploaded to the Platform.
  • You may not copy, distribute, modify, or reverse-engineer any part of the Platform without prior written consent.
  • You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide us with the following information:
    • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest
    • A description of the copyrighted work that you claim has been infringed
    • A description of where the material that you claim is infringing is located on the Website.
    • Your full name, address, telephone number, and email address
    • A written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
    • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf

External Links and Services

The service may provide, or third parties may provide, links to other world wide web sites or resources. Because We have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, goods or services available on or through any such site or resource. Please go through the terms and privacy policies of such sites carefully as you would be bound by those during such interactions.

Limitation of Liability and Disputes

To the fullest extent permitted by law:

  • You are solely responsible for your interactions with Our other users. We reserve the right to, but is not obliged to, monitor the resolution of any disputes arising between our users. We are not obliged to become involved in any domestic or private disputes between users and do not provide any arbitration or settlement service. We also reserve the right to take action, as deemed appropriate against errant users.
  • In no event shall Company, its affiliates, employees, agents, licensors or partners be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the service, including without limitation, bodily injury, emotional distress, loss of use, loss of data, loss caused by a computer or electronic virus, loss of income or profit, loss of or damage to property, wasted management or office time, breach of contract or claims of third parties or other losses of any kind or character, even if we has been advised of the possibility of such damages or losses, arising out of or in connection with the use of website and/or any other damages resulting from this service.
  • We will provide website service to you with reasonable skill and care. We do not make any warranties or representations (neither express nor implied) with respect to the Website or the associated services.
  • If you choose to invite someone to join our website, you may select a person directly from your contacts list on your device and send a text, email, or message from your personal account. You understand and agree that you are responsible for any charges made against communications sent from your device.
  • You hereby expressly agree not to hold us liable for any instruction, advice, or services delivered through our website. We expressly disclaim any liability whatsoever for any damage, suits, claims, and/or controversies that arise or relate in any way to our website.
  • You expressly understand and agree that we will not be liable for direct, indirect, incidental, special, consequential, or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, resulting from:
    • the use or inability to use the website;
    • the cost of procurement of substitute goods and services resulting from any goods, data, information, or services obtained or messages received or transactions entered through, from, or because of the website;
    • unauthorized access to or alteration of your transmissions or data;
    • statements or conduct of any user or third party on the website;
    • your reliance on content data made available by us; or
    • any other matter relating to the website
  • Nothing in these terms of use shall exclude or limit our liability for our fraudulent misrepresentation or for death or personal injury resulting from our negligence or the negligence of our employees or agents.
  • To the fullest extent possible by law, our maximum liability arising out of or in connection with the website or your use of our content, regardless of the cause of action (whether in contract, tort, breach of warranty, or otherwise), will not exceed greater than the fees you have paid to make purchases on website.

Indemnity

To the full extent permitted under Indian laws, you agree to defend, indemnify and hold harmless us and our Company, it's officers, directors, and employees from and against all liabilities, demands, claims, damages, complaints, losses, costs, and expenses, including attorney's fees, due to, arising out of, or relating in any way to your access to or use of the services, your content, or your breach of this agreement.

Document Security and Retention

We are committed to maintaining the confidentiality and integrity of your documents.

  • Documents are stored using SSE-S3 (Server-Side Encryption).
  • All data transfers are secured with TLS (Transport Layer Security) and HTTPS for web traffic.
  • You retain full control and ownership of the documents you upload.
  • Documents can be deleted at your discretion; deleted documents are permanently removed from our systems.

Availability of Services

We aim for high availability but do not guarantee uninterrupted access to the Platform. Service interruptions may occur due to:

  • Scheduled maintenance
  • Technical failures
  • Internet or server issues
  • Force majeure events

We will make reasonable efforts to notify users of scheduled downtime in advance.

Privacy and Data Protection

We collect, process, and use personal data in accordance with our Privacy Policy. By using the Platform, you consent to the collection and use of your data as outlined in the Privacy Policy.

  • We comply with applicable data protection laws in India and relevant international standards.
  • We do not sell user data to third parties.

Disclaimers

We do not represent or warrant that

  • the service will be uninterrupted, secure or error-free,
  • any defects or errors in the service will be corrected,
  • that any content or information you obtain on or through the service will be accurate, or
  • any suggestions or feedback will be incorporated.

We take no responsibility for any content that you or another user or third-party posts, sends or receives through the service. Any material downloaded or otherwise obtained through the use of the service is accessed at your own discretion and risk. We disclaim and take no responsibility for any conduct of you or any other user, on or off the service.

Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of India. Subject to the Arbitration clause below, any dispute arising out of or relating to these Terms or the Services shall be subject to the exclusive jurisdiction of the competent courts in New Delhi, Delhi, India.

Dispute Resolution and Arbitration

If a dispute arises, the parties will first attempt to resolve it amicably within 30 days of written notice. If not resolved, the dispute shall be finally settled by arbitration in accordance with the Arbitration and Conciliation Act, 1996.

The seat and venue of arbitration shall be New Delhi, Delhi, India. The arbitration shall be conducted by a sole arbitrator appointed in accordance with applicable law. The language of arbitration shall be English. Nothing prevents either party from seeking interim or injunctive relief from courts of competent jurisdiction.

Force Majeure

We will not be liable for any failure or delay in performance to the extent caused by events beyond our reasonable control, including acts of God, natural disasters, epidemics/pandemics, war, terrorism, riots, government actions, labor disputes, internet/service provider failures, power outages, or failures of third-party providers (a “Force Majeure Event”).

Global Legal Validity of Electronic Signatures

Electronic signatures may be recognized under various laws in different jurisdictions, including (for example):

  1. United States: Electronic Signatures in Global and National Commerce Act (ESIGN) and Uniform Electronic Transactions Act (UETA)
  2. European Union: eIDAS Regulation (Regulation (EU) No 910/2014)
  3. United Kingdom: Electronic Communications Act 2000 and applicable UK e-signature laws
  4. India: Information Technology Act, 2000 and applicable Rules
  5. Canada: Applicable federal and provincial electronic commerce laws

The Services are operated from India and are offered under Indian jurisdiction. We do not represent or warrant that the Services comply with the laws of any jurisdiction outside India, or that any electronic signature will be accepted by any specific authority, court, counterparty, or regulator outside India.

By using our website, you agree that the electronic signatures executed on documents through our Platform shall be deemed legally valid, binding, and enforceable to the extent permitted by applicable law in your jurisdiction.

You are responsible for determining whether electronic signatures are appropriate and legally effective for your specific transaction, document type, and jurisdiction. We do not provide legal advice and do not guarantee acceptance of electronic signatures by any specific court, authority, counterparty, or jurisdiction.

Types of Supported Signatures:

  1. Simple Electronic Signatures (SES): Click-to-sign, typed names, or scanned images.
  2. Advanced Electronic Signatures (AES): Secured with two-factor authentication, digital certificate integration, and tamper-evident audit trails.
  3. Qualified Electronic Signatures (QES): Where legally required, through integrations with approved trust service providers or licensed Certifying Authorities (e.g., Aadhaar eSign in India).

Signature Limitations:

Certain jurisdictions may impose restrictions on using electronic signatures for:

  1. Wills, codicils, and testamentary trusts
  2. Real estate transfer documents
  3. Powers of attorney and documents requiring notarization
  4. Government filings or regulatory compliance forms

It is your responsibility to ensure the use of website for a given transaction is permitted under your local laws.

Signature Integrity, Verification, and Audit Trail

Each signed document is:

  1. Bound to the signer's identity through secure authentication mechanisms (such as OTP, email verification, or digital certificate).
  2. Timestamped with tamper-evident cryptographic technology.
  3. Accompanied by an immutable audit trail capturing access logs, IP addresses, document versions, and consent artifacts.

These measures ensure the authenticity, integrity, and non-repudiation of your signed documents in compliance with global evidentiary standards.

Jurisdiction-Specific Notices

  1. India: Under the Information Technology Act, 2000, only digital signatures backed by a licensed Certifying Authority (such as Aadhaar eSign or DSC) are considered legally enforceable. SignWith offers integrations with compliant signature methods wherever applicable.
  2. European Union: Under eIDAS, a Qualified Electronic Signature (QES) has the same legal effect as a handwritten signature across EU member states, subject to the applicable requirements.
  3. United States and Canada: SES are generally sufficient for most business contracts under ESIGN, UETA, and applicable electronic commerce laws, provided signatory consent and intent are demonstrated.
  4. China, Brazil, Malaysia: Use of government-approved digital signature algorithms and infrastructure may be necessary. Users are advised to verify local requirements before execution.

Data Collection and Purpose

We collect only the data necessary for the following purposes:

  1. To provide, maintain, and improve the Platform and its features.
  2. To authenticate users and facilitate digital signature workflows.
  3. To communicate transactional information or respond to inquiries.
  4. To comply with legal obligations.

Collected data may include: name, email, IP address, device identifiers, authentication logs, signature metadata, and documents uploaded by the user.

User Rights

Depending on your jurisdiction, you may exercise rights including:

  1. Right to Access
  2. Right to Correction
  3. Right to Erasure (Right to be Forgotten)
  4. Right to Data Portability
  5. Right to Restrict/Withdraw Consent
  6. Right to Lodge a Complaint with a Data Protection Authority (DPA)

To exercise your rights, contact: [email protected]

Cross-Border Data Transfers

Your data may be processed in jurisdictions outside your own. We ensure appropriate safeguards through:

  1. Standard Contractual Clauses (SCCs), where applicable
  2. Compliance with applicable privacy laws (including India’s DPDP Act), where applicable
  3. Secure encryption protocols for data in transit and at rest

Miscellaneous

A website can be acquired in part or in whole by another company. This will be done without (written) notice.

If you breach these terms of use and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach these terms of use.

If any part of these terms of use is disallowed or found to be void by any court or regulator, the other provisions shall continue to apply. We will adjust these terms of use as necessary, in which case the invalid terms will be replaced by valid terms that differ the least from the concerned invalid terms.

Assignment. You may not assign or transfer these Terms or your rights and obligations without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of assets.

Waiver. Our failure to enforce any provision of these Terms will not be deemed a waiver of future enforcement of that or any other provision.

Entire Agreement. These Terms (together with the Privacy Policy and any order/checkout terms presented to you) constitute the entire agreement between you and us regarding the Services and supersede any prior agreements or understandings.

Survival. Provisions that by their nature should survive termination (including Intellectual Property, Disclaimers, Limitation of Liability, Indemnity, Dispute Resolution, and Miscellaneous) shall survive.

These terms of use are not intended to give rights to anyone except you and us.

We reserve the right, at our discretion, to make changes to the terms of use and privacy policy at any time. The most updated version is available on our website. Please check the terms of use and privacy policy periodically for changes, as all modifications are effective upon publication. Continued use of the website after revision indicates the user's acceptance of the terms of use.

In case you come across suspicious activity, immediately notify us at [email protected]

Notices. You consent to receive notices electronically (including by email and in-product notices). Legal notices to us should be sent to [email protected].