1. What SmartSigner is — and is not
SmartSigner is softwarethat lets a business (a “Sender”) create documents, request electronic signatures, and collect payments from the people who sign them (“Signers”). The Company is not a party to any agreement, contract, or transaction between a Sender and a Signer. We are not a law firm, do not provide legal, tax, financial, or accounting advice, and do not review, endorse, or guarantee that any document created or signed using the Service is valid, enforceable, accurate, complete, or compliant with any law. You are solely responsible for the documents you create, send, sign, and rely on.
2. Eligibility and accounts
You must be at least 18 and able to form a binding contract. You are responsible for your account credentials and for all activity under your account. You must provide accurate information and keep it current. We may suspend or terminate accounts that violate these Terms or that we reasonably believe create legal or security risk.
3. Your content and your responsibilities
You represent and warrant that, for everything you do through the Service:
- You own or have all rights, consents, and authority needed to create, send, and store your documents and to bind any party you ask to sign.
- Your documents and your use of the Service comply with all applicable laws (including consumer-protection, e-signature, tax, privacy, and payment laws) and with our Acceptable Use Policy.
- You are responsible for the legality, accuracy, and enforceability of your documents and for any obligations they create.
You retain ownership of your content. You grant us a limited license to host, process, and transmit it solely to provide the Service.
4. Electronic signatures
The Service captures a Signer’s consent to use electronic records and signatures and records signing details (such as time, email, IP address, and audit events) to help create a completion record. You are responsible for determining whether an electronic signature is appropriate and legally sufficient for your particular document and jurisdiction. We make no representation that any signature or completion record will be admissible or enforceable in any proceeding. See our e-signature information page.
5. Payments — the Sender is the merchant of record
Payments collected through the Service are processed by Stripe on the Sender’s own connected Stripe account. This means:
- The Sender is the merchant of record for every payment and is solely responsible for the underlying goods or services, pricing, taxes, receipts, refunds, chargebacks, and disputes.
- A Signer who pays is transacting with the Sender, not with the Company. The Company is not a seller, merchant, or party to that transaction.
- The Company never takes possession of, holds, or controls funds. Funds flow through Stripe to the Sender’s account. Card processing and related fees are charged by Stripe to the Sender’s account.
- Your use of Stripe is governed by Stripe’s own agreements. The Company is not responsiblefor Stripe’s acts, omissions, fees, holds, account decisions, downtime, or for any failed, delayed, duplicated, or erroneous payment.
The Company may charge the Sender a platform fee for use of the Service, disclosed in the app. That platform fee is separate from Stripe’s processing fees.
6. Subscriptions, fees, and trials
Paid plans, trials, billing, and cancellation are described in our Refund & Billing Policy. Fees for the Company’s own subscription are billed in advance and, except as stated there or required by law, are non-refundable. We may change pricing prospectively on notice.
7. Third-party services
The Service relies on third parties including Stripe (payments), Supabase (database/auth), Vercel (hosting), and an email provider. The Company is not responsible for the availability, acts, or omissions of any third-party service, and your use of them may be subject to their terms.
8. Disclaimer of warranties
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR THAT ANY DOCUMENT, SIGNATURE, RECORD, OR PAYMENT WILL BE VALID, ENFORCEABLE, COLLECTED, OR FREE OF ERROR. THERE IS NO SERVICE LEVEL OR UPTIME GUARANTEE. Some jurisdictions do not allow certain warranty exclusions, so some of the above may not apply to you.
9. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY AND ITS OWNERS, MEMBERS, OFFICERS, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS, OR FOR ANY AMOUNTS RELATING TO A SENDER’S OR SIGNER’S DOCUMENTS OR PAYMENTS, ARISING OUT OF OR RELATING TO THE SERVICE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY.
THE COMPANY’S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (a) THE TOTAL FEES YOU PAID THE COMPANY FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (b) USD $100.
Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law (such as liability for fraud, willful misconduct, or gross negligence). These limits apply even if a remedy fails of its essential purpose, and are a basis of the bargain.
10. Indemnification
You will defend, indemnify, and hold harmless the Company and its owners, members, officers, and agents from and against all claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: your documents or content; your use of the Service; your collection of payments and your role as merchant of record; your violation of these Terms, the Acceptable Use Policy, or any law; or any dispute between you and a Signer or any third party.
11. Dispute resolution — binding arbitration and class-action waiver
PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR RIGHTS.
You and the Company agree that any dispute, claim, or controversy arising out of or relating to the Service or these Terms will be resolved by binding individual arbitration, administered by a recognized arbitration provider under its consumer/commercial rules, seated in Arizona, rather than in court. The arbitrator decides all issues, except that either party may bring qualifying claims in small-claims court.
You and the Company waive any right to a jury trial and to participate in a class, collective, consolidated, or representative action. Claims must be brought in an individual capacity only. If this class- and representative-action waiver is found unenforceable as to a particular claim, that claim (and only that claim) will proceed in court, and the rest of this section remains in force.
These Terms and any dispute are governed by the laws of the State of Arizona, without regard to conflict-of-laws rules. For any matter not subject to arbitration, the exclusive venue is the state and federal courts located in Arizona, and you consent to their jurisdiction.
12. Suspension and termination
You may stop using the Service at any time. We may suspend or terminate your access if you breach these Terms or create legal or security risk. Sections that by their nature should survive termination (including ownership, disclaimers, limitation of liability, indemnification, and dispute resolution) survive.
13. Changes to these Terms
We may update these Terms. Material changes take effect on the “Last updated” date above, and we may require you to accept the updated Terms to continue using the Service. Your continued use after changes take effect means you accept them.
14. General
If any provision is held unenforceable, the rest remains in effect and the unenforceable provision is enforced to the maximum extent permitted. These Terms (with the policies they reference) are the entire agreement between you and the Company regarding the Service and supersede prior agreements. We may assign these Terms; you may not without our consent. Neither party is liable for delays or failures caused by events beyond reasonable control. Notices to the Company may be sent to legal@smartsigner.io.