Terms of Service for Signsquid Signature
The essence of Signsquid is to ensure the legal validity of electronically signed documents. This is why we ask you to read the terms and conditions of use before using Signsquid. Regarding any legal or statutory question, don't hesitate to contact us at [email protected]
Signsquid is a website owned and operated by Signsquid Corporation, a corporation duly incorporated under the Canada Business Corporations Act. Signsquid is headquartered at 686 Grande-Allée Est, suite 201, Quebec City, Quebec, G1R 2K5, Canada (hereinafter designated as «Signsquid»).
BY USING SIGNSQUID.COM YOU AGREE TO THE TERMS AND CONDITIONS OF USE OF SIGNSQUID.COM AS SET FORTH BELOW; IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OF USE, DO NOT USE THIS SITE.
TRADEMARKS AND COPYRIGHT
Signsquid and the squid logo are trademarks of Signsquid Corporation and can be solely used by Signsquid Corporation. Without the express written permission issued by the board of Signsquid Corporation, no use of these trademarks are permitted.
Every text, image, graphic, graphic interface, video, photography, trademark, logo, sound, music, work or computer code, including, without limiting the generality of the foregoing, the design, structure, selection, coordination, expression and the «look and feel», contained in the site Signsquid.com (hereinafter «Elements of Intellectual Property») are protected by canadian and international law regarding copyright and trademark. Signsquid Corporation has the exclusive use of the Elements of Intellectual Property and they may not be used without the express written permission of the Signsquid Corporation board.
Except as provided in these conditions, the Elements of Intellectual Property and the content cannot be copied, reproduced, republished, uploaded, posted, displayed in public, encoded, translated, transmitted or distributed in any way including «mirroring» to any computer, server, website or other medium for publication or distribution, and this for any private use, commercial or public use, without the express written permission of the Signsquid Corporation board.
By uploading your selected documents for them to be signed on the Signsquid platform, you acknowledge that Signsquid can use and modify the selected documents in a necessary manner to accomplish the services provided by Signsquid.com and Signsquid Corporation. More precisely, you acknowledge that Signsquid can use and modify the selected documents to add the elements of the digital signature, the watermark and to create the authentication key for certification (commonly known as «checksum»).
YOUR USE OF THIS SITE
You can not proceed to «deep-linking», «page-scraping», to robot use or other automated methods to acquire, access, copy or monitor any portion of the site or its contents or to reproduce or circumvent the structure of the navigation or the presentation of the site or its contents in order to obtain or attempt to obtain any document or information in any manner whatsoever that you would not be authorized to obtain. Signsquid reserves the right to block any such activity or similar activity.
It is prohibited to attempt to undermine or test the security of Signsquid.com or its network connected to the site Signsquid.com or to trace or to make a «reverse look-up» of the informations provided by Signsquid.com users.
FOR EVERY DOCUMENT SIGNATORY ON SIGNSQUID.COM
If you decide to complete the signing process using the service offered by Signsquid, in order to show your consent, YOU ACCEPT AND RECOGNIZE THAT YOU ARE BOUND BY THE APPLICABLE LAWS OF YOUR JURISDICTION. More particularly and without limiting the generality of the foregoing, if your jurisdiction imposes a form requirement for the document you wish to sign or if your jurisdiction imposes a specific criteria for the signature of a document in order to grant it its full legal effect, it is of your responsibility to ensure the signing process offered by Signsquid on Signsquid.com complies with these formal requirements. UNDER NO CIRCUMSTANCES WILL Signsquid BE LIABLE FOR THE EFFECT OF THE FAILURE TO RESPECT A FORM REQUIREMENT OF A LEGAL JURISDICTION.
You also acknowledge that you may require the use of a traditional paper written document and a traditional handwritten signature for all transaction and that BY USING THE SERVICES OFFERED BY SIGNSQUID.COM FOR ELECTRONIC SIGNATURE, YOU WAIVE YOUR RIGHT TO THE USE OF TRADITIONAL MEDIUMS AND HANDWRITTEN SIGNATURE AND YOU ACCEPT THE ELECTRONIC SIGNATURE OFFERED AND IMPLEMENTED BY SIGNSQUID.
In all cases when the signing parties of a document that is to be signed on Signsquid.com are not residents of a common legal jurisdiction, THE PARTIES AGREE THAT ANY DISPUTE RELATED TO THE VALIDITY OF THE SIGNATURE IMPLEMENTED BY SIGNSQUID.COM WILL BE GOVERNED BY THE EFFECTIVE LAWS OF THE PROVINCE OF QUEBEC, CANADA, and this so irrevocably and notwithstanding what might otherwise be specified in the document signed via Signsquid.com. THE SAME DISPUTE MUST BE SUBMITTED TO THE JUDICIAL COURTS OF THE JURISDICTION OF QUEBEC, CANADA, and this is irrevocably and notwithstanding what might otherwise be specified in the document to be signed via Signsquid.com.
You are informed and understand that any interaction that you have with Signsquid and/or its representatives shall in no way be considered as legal advice. SIGNSQUID OR ITS REPRESENTATIVES ARE NOT LAWYERS AND ARE NOT AUTHORIZED TO RENDER LEGAL OPINIONS, BUT SIGNSQUID AND ITS REPRESENTATIVES, WHEN NEEDED, SEEK SERVICES OF LAWYERS, MEMBERS OF THE BAR AND AUTHORIZED PROFESSIONALS TO RENDER LEGAL SERVICES.
WORTH OF THE SIGNATURE AVAILABLE VIA SIGNSQUID.COM
Signsquid.com provides a system for affixing electronic signatures to documents, without using certificates issued by certification authorities. Regarding the process put forward by Signsquid.com, the result is an electronic or verbal signature.
In order to warranty the validity of the Signsquid signature, it is necessary to respect the following steps:
Downloading of the document to be signed - This document must be downloaded on the Signsquid platform.
Sending of random links - The platform will send random links to the signatories for which you will have announced their e-mail address. It is necessary to communicate valid e-mail addresses. Furthermore, we recommend that you specify for which e-mail address you are aware that no third party will act as an intermediary for the signatory.
Communication of the signature codes to the signatories - The unique codes generated by Signsquid must be verbally communicated to the signatories by telephone. This step allows you to identify the person to whom you provide the code. Signsquid strongly advises you not to email the unique codes emitted by Signsquid.
Affixing signatures via Signsquid.com - Signsquid will affix a signature to the document that you have uploaded to the platform. The signed document will be hosted on our site for a three (3) year period in order to ensure the integrity of the signed document. Hosting plans of divers length periods are offered.
Signsquid can not guarantee that a signatory is a member of some or another organization or guarantee the signatory identity. It is of your responsibility by verbally communicating the unique code to establish the identity of the person to which you communicate this unique code.
Also, Signsquid can not guarantee the ability of a person to sign a document of legal nature. Each jurisdiction establishes the age of majority and the legal age required to consent to contractual obligations.
COLLECTION OF INFORMATION
Signsquid, in order to document the signatures executed via its platform, requires the collection and storage of information of computerized nature. You agree, by using the Signsquid platform, to the collection of such information, for example your IP address.
DECLARATION OF THE USER
Every user of the Signsquid platform declares and undertakes to solely provide correct information and not to act for a third party. Every signature must be personal and each person that affixes a signature through the platform declares to be properly authorized.
ACCOUNT, PASSWORD, CODE AND SECURITY
Certain features of the Signsquid platform require the entry of data such as email addresses, passwords, codes and/or other personal information. It is of your responsibility to maintain the confidentiality of these elements of information AND MOST PARTICULARLY, IT IS OF YOUR RESPONSIBILITY TO COMMUNICATE THE UNIQUE CODES ONLY TO THE SIGNATORIES THAT YOU HAVE VERIFIED THEIR IDENTITY.
If information was disclosed to an unauthorized person or if a security breach occurs, it is of your duty to notify Signsquid immediately.
It is formally forbidden to use someone else's Signsquid account or someone else's email address. It is also formally forbidden to use a unique code that was not personally destined to yourself.
Signsquid can not guarantee that its computer system or its platform is exempt from risk of failure or error-free. The site provides services «as is» and «as available». Signsquid disclaims any liability that is not his or resulting from the omission or negligence of someone other than Signsquid Corporation. Signsquid offers no guarantee that the data downloaded on Signsquid.com is error-free or non corrupted. THE SIGNSQUID PLATFORM USERS ASSUME ALL RISKS INHERENT TO THE USE OF THE PLATFORM AND USERS RECOGNIZE THAT THEY ARE RESPONSIBLE FOR USING THE SITE'S PLATFORM AS PRESCRIBED BY SIGNSQUID CORPORATION. YOU RELEASE SIGNSQUID OF ALL RESPONSIBILITY REGARDING THIS ASPECT.
The only course of action you may have against Signsquid Corporation or its representatives is to stop using the platform or the services offered by Signsquid Corporation. You release Signsquid Corporation from all liability arising from the services offered on Signsquid.com.
Signsquid will not be liable toward you for any direct or indirect, exemplary or punitive damages, including loss of profit or any other loss.
Notwithstanding the foregoing in the preceding paragraph, if Signsquid Corporation or its representatives were to be found liable for any damages whatsoever, the quantum of the damages shall not exceed the greater of 1) the total amount of fees paid for the services offered by Signsquid Corporation or 2) 500,00$ Canadian. You agree to hold free from any damages or lawsuit that could be brought by third parties, especially your co-signers, Signsquid Corporation and its representatives. The foregoing also includes legal fees arising from such proceedings.
Signsquid will in no way be responsible for any loss of information resulting from piracy or failure of its servers, unless the leak is the result of gross negligence or bad faith.
Although Signsquid agrees to keep confidential, to the best care possible, the information that is downloaded for the services offered by Signsquid Corporation, you release Signsquid Corporation of this obligation in the case that Signsquid must provide any information concerning yourself as part of an investigation conducted by a governmental authority or any court or legal order to provide information kept on our servers that may or may not directly concern your specific informations.
END OF SERVICES
Signsquid Corporation may, at its sole discretion, cease its services, and this, without compensation or refund. If Signsquid Corporation interrupts its services for violation of these terms, Signsquid will be released from all obligation toward you, including any obligation to retain your information, downloaded documents or contracts.
All claims must be made within one (1) year following the cause of action, without which the parties agree that the right of action shall be deemed prescribed, null and void.
Any dispute between Signsquid, a subscriber and/or a signatory must, prior to being brought before a court of law, must forego a mediation session. The appointed mediator for such a session must be a notary member of the Chambre des notaires du Québec.
NULLITY OF THE PROCESS PUT FORWARD BY SIGNSQUID
Even though Signsquid offers its services internationally, all options or products or services provided by Signsquid may not comply with the applicable laws in every jurisdiction. No liability can be held against Signsquid Corporation for invalid signatures made via Signsquid.com because of the applicable laws in your jurisdiction.
Effective November 15, 2011