Terms of Service

1. Agreement and eligibility

These Terms are an agreement between you and SwiftSign (“SwiftSign,” “we,” “us,” or “our”). By creating an account, obtaining or using an API key, or otherwise using the service, you agree to these Terms. If you use the service for an organization, you represent that you have authority to bind that organization.

You must be legally capable of entering a binding contract and at least the age of majority where you live. The service is not directed to children.

2. Accounts and credentials

You must provide accurate information and keep account, API-key, signing-link, and session credentials confidential. You are responsible for activity under your account and must promptly notify us at support@swiftsign.ca if you suspect unauthorized access.

Sandbox credentials are for testing. Sandbox documents may be watermarked and are not intended for legally binding transactions. You may not bypass plan limits by creating multiple accounts or credentials.

3. The service and electronic signatures

SwiftSign provides tools for preparing, sending, signing, tracking, storing, and verifying electronic documents. We are a technology provider, not a party to documents between senders and recipients, and we do not provide legal advice.

Electronic signatures can have legal effect under laws such as the U.S. ESIGN Act and UETA and Canadian electronic-commerce legislation. Those laws include requirements and exceptions that depend on the document, parties, disclosures, consent, and jurisdiction. You are responsible for determining whether electronic signatures and SwiftSign are appropriate for your transaction and for providing any legally required consumer disclosures, consent, paper-copy options, or record-retention access.

Do not use SwiftSign for documents that applicable law excludes from electronic execution or requires to be signed, witnessed, notarized, delivered, or retained in a different way unless you have confirmed that your workflow satisfies those requirements.

4. Customer content and responsibilities

You retain ownership of documents, templates, recipient information, field values, signatures, and other material you submit (“Customer Content”). You give SwiftSign a limited licence to host, copy, transmit, render, seal, and otherwise process Customer Content only as needed to operate, secure, support, and improve the service and meet legal obligations.

You represent and warrant that:

• you have the rights and lawful basis needed to submit and process Customer Content;
• recipients have been properly identified and may lawfully receive the documents you send;
• your documents, signing requests, and communications comply with privacy, electronic-signature, consumer-protection, and anti-spam laws; and
• you will review agent-generated drafts and field placement before authorizing live sends.

5. Acceptable use

You must comply with the Acceptable Use Policy, which is incorporated into these Terms. We may investigate suspected abuse, limit sending, remove unlawful content, or suspend access when reasonably necessary to protect recipients, customers, SwiftSign, or the service.

6. Paid plans, renewals, and taxes

Paid-plan prices, included usage, and billing periods are shown at checkout or on the pricing page. Subscriptions renew automatically for the same period until cancelled. You authorize us and our payment processor to charge the payment method on file for recurring fees and applicable taxes.

You may cancel before the next renewal through the billing portal. Unless required by law or stated otherwise at checkout, charges already paid are non-refundable and cancellation takes effect at the end of the current billing period. We may change future prices with advance notice; a price change will apply no earlier than your next renewal after the notice period.

7. Privacy and data processing

The Privacy Policy describes how we handle personal information. When SwiftSign processes personal data on a customer’s behalf, the Data Processing Addendum applies. Our current providers are listed on the Subprocessors page.

8. SwiftSign technology and feedback

SwiftSign and its licensors retain all rights in the service, software, designs, documentation, and trademarks other than Customer Content. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable right to use the service during your account term.

If you provide suggestions or feedback, you allow us to use it without restriction or compensation. Open-source components remain governed by their applicable licences.

9. Third-party services

The service may interoperate with third-party products and websites. Their terms and privacy practices govern your use of them. We are not responsible for third-party services, including their availability, security, or changes.

10. Availability and changes

We work to keep SwiftSign reliable, but the service may be unavailable because of maintenance, incidents, provider outages, or events beyond our reasonable control. We may add, change, or discontinue features. If a change materially reduces the core functionality of a paid plan, we will provide reasonable notice when practicable.

11. Suspension and termination

You may stop using SwiftSign or cancel your account at any time. We may suspend or terminate access if you materially breach these Terms, create security or legal risk, fail to pay, or use the service in a way that threatens recipients or service integrity. Where appropriate, we will provide notice and a reasonable opportunity to cure.

After termination, your right to use the service ends. Provisions that by their nature should survive—including payment obligations, ownership, disclaimers, liability limits, and dispute terms—will survive. Data deletion and retention are governed by the Privacy Policy and DPA.

12. Disclaimers

To the maximum extent permitted by law, the service is provided “as is” and “as available.” SwiftSign disclaims implied warranties of merchantability, fitness for a particular purpose, non-infringement, and uninterrupted or error-free operation. We do not warrant that a particular document or signing method will be valid or enforceable in every jurisdiction or use case.

Nothing in these Terms excludes warranties, remedies, or other rights that cannot lawfully be excluded.

13. Limitation of liability

To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or loss of profits, revenues, goodwill, or data, arising from the service, even if advised that such damages were possible.

SwiftSign’s total aggregate liability arising out of or relating to the service will not exceed the greater of (a) the fees you paid to SwiftSign during the 12 months before the event giving rise to the claim or (b) CAD $100. These limits do not apply where prohibited by law.

14. Indemnity

To the extent permitted by law, you will defend and indemnify SwiftSign from third-party claims, damages, and reasonable costs arising from your Customer Content, your breach of these Terms, or your unlawful or unauthorized use of the service.

15. Governing law

These Terms are governed by the laws of Ontario and the federal laws of Canada applicable there, without regard to conflict-of-law rules. The courts located in Toronto, Ontario have exclusive jurisdiction, except where applicable consumer law gives you the right to bring a claim elsewhere.

16. Changes to these Terms

We may update these Terms. If a change is material, we will provide notice through the service, by email, or by another reasonable method. The version and date above show when these Terms last changed. Continued use after updated Terms take effect constitutes acceptance; where required, we will ask you to accept them again.

17. General and contact

If any provision is unenforceable, the remaining provisions continue in effect. A failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them as part of a merger, financing, reorganization, or sale of the service. These Terms and incorporated policies are the entire agreement about the service unless you and SwiftSign sign a separate agreement.

Questions or legal notices may be sent to support@swiftsign.ca.