ISIGN Terms and Conditions

The following terms and conditions for use of ISIGN software are valid from and last updated on 2016.11.24.
ISIGN has the right to change these terms at any time by publishing new Terms and Conditions in the service environment and on the website. The Service Recipient is responsible for being informed about current Terms.

1 Definitions

Service Provider– "Estina" Ltd Paupio st. 46, Vilnius, legal entity code - 301549834, VAT payer code LT100004499110, State Data Protection Inspectorate, Register of personal data controllers, identification code - P5693.

Service Recipient - any private or legal entity that uses ISIGN Document Signing Portal (hereinafter - portal) for document signing with e-signature. “User” or “Customer” also refers to same person.

Services - Portal functionality available to a Service Recipient.

User Account – user profile with file repository connected to the Service Recipient. Each account is only given to one individual for personal access to the service.

eIDAS Regulation – Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC.

Terms – the latest version of these terms and conditions for use of ISIGN Services.

2 Scope

2.1 These rules establish the general use of ISIGN Document Signing Portal.

3 Conditions

3.1 In cases where the Service Recipient registers on the Portal, submits, downloads or transmits documents or makes use of other services in any other way, these rules become a contract between the Service Provider and the recipient of the service and become a legally binding document for a both parties.

3.2 In cases when recipient does not agree to these Terms or some part of them, he does not have the right to access the Portal. Otherwise, it is assumed that Service Recipients read and fully agreed to the Terms of Service.

3.3 The Service Provider reserves the right to modify, amend or supplement these rules. Service Recipient is subject to these rules.

3.4 The Service Provider has the right, without notice, to restrict the use of the service or revoke the registration of the Service Recipient, if the recipient is in violation of these rules or is trying to undermine the Portal stability and/or security.

3.5 The Service Recipient is responsible for using the Portal securely and retain secrecy for his authentication methods. If the Service Recipient believes other persons may have acquired access to his account or files he is required to inform ISIGN staff thereof immediately via email – In no case should the Service Recipient allow any other third party to use his user account for any reason whatsoever.

3.6 In the event of serious circumstances or violation of these Terms, The Service Provider may suspend Service Recipient’s account, with no prior notice to Service Recipient, in the absence of a separate agreement between the Service Provider and Service Recipient.

3.7 Service Recipient's comments, compliments and requests for service, quality, improvement and so on are welcome via email - Service Provider does not assume liability for their execution or enforcement these requests if it is not separately agreed.

4 Processing of personal data

4.1 Service Recipient is responsible that the information provided during registration is accurate, correct and complete. If any changes occur the data must be immediately updated. Service Provider is not liable for any damage to the Service Recipient and (or) third parties due to the fact that the Service Recipient provided wrong, and (or) incomplete personal data, or did not changed and (or) updated its personal data.

4.2 Service Recipient gives the Service Provider the right to collect, organise, and manage all personal data that Service Recipient directly or indirectly provided using the Portal. Personal data collected can only be used for purposes that are described in these rules.

4.3 The Service Recipients' personal data will be used to identify the recipient of services, provision of services and the provision of services related actions.

4.4 The Service Recipients personal data will be handled in accordance with the Republic of Lithuania Personal Data Protection Act and other laws of the Republic of Lithuania, governing the processing and protection of personal data. The Service Provider has technical and organisational measures in place to ensure the protection of personal data against accidental or unlawful destruction, alteration, disclosure and against any other unlawful processing.

4.5 The Service Provider may, for statistical purposes, use data that is not directly related to Portal users e.g. information about the services provided. Such statistical data will be collected and processed so as to prevent the disclosure of Service Recipients' personal identity or other personal data that could be used to determine a person's identity.

4.6 Service Recipient's personal data will be stored for no longer than it is required. Personal data that was submitted during the registration process will be stored during the registration period and for 1 year after the Service Recipient cancels his or her account. Data that laws require to keep for longer periods of time shall be retained for the statutory period. When personal information is no longer necessary it will be safely destroyed.

4.7 Service Recipient have the right at any time, upon request, access his or her personal data that is handled by Service Provider and know how it is processed. Service Recipient has the right to demand correction of incorrect, incomplete or inaccurate personal data; has the right to require the suspension of personal data usage, when the data are processed in breach of the laws and conditions of these rules.

4.8 The Service Recipients' personal data will be processed for direct marketing purposes related to Service Provider Services.

4.9 Service Provider shall not be liable for the actions of the Service Recipient, which can reveal Recipient’s personal data to third parties. Documents that are upload and stored on Portal are available only to the Portal Service Recipient and parties, which Recipient invites to sign or view the document. The Service Recipient is aware that Inviting others to sign or view the document, it grants the right to review the document, download it to see all the signatory (invited to sign) list, and all information of e-signatures provided through document verification function.

4.10 The Service Recipient gives Service Provider consent to use an email address for necessary communication, information sharing and Services provision.

5 The Service Provider's rights and responsibilities

5.1 Service Provider is responsible that electronic document signing procedures are compliant with EU Nr. 910/2014 regulation (eIDAS).

5.2 Service Provider ensures that qualified timestamps are used by the Service Provider.

5.3 The Service Provider does not check and does not control the content of the documents that Service Recipients upload. Service Recipients are responsible for the contents of the document and its legitimacy.

6 Terms of Service

6.1 The Services are provided free of charge, except if it is explicitly stated otherwise or by a separate agreement between the provider and Service Recipient.

6.2 In the case when service is provided for a fee, Service Recipients are informed and have to clearly express their consent. Service Provider has to specify price, service delivery and payment terms. These additional terms for using the Service (e.g. paid subscription packages) shall be an integral part of the Terms of Service when Service Recipients’ have given their consent to purchase those Services.

6.3 The Service Provider has the right to cease or limit Service access in the event that Service Receiver has not paid for given service or if payment has for any reason been unsuccessful.

6.4 Paid Services are pre-paid and charged to Service Recipient’s credit card and non-refundable. Service Recipients can cancel their paid services at any time in which case the cancellation will be effective immediately but they will retain access to the paid features through the remainder of the period that is already paid for.

6.5 In the event that Service Recipient upgrades his service subscription to a subscription level with higher service fees but has already paid in advance for a lower subscription level, he will only be billed for the monthly difference between those subscription level fees. This does not apply to refunds in the event of downgrades for already paid service fees.

6.6 The Service Provider will make an effort to ensure that the Portal and its services are available 24 hours a day, 7 days a week.

6.7 The Service Provider is not liable for Portal failure or software bugs and does not cover any of the cost associated with said events, direct or indirect losses or loss of profits and also does not compensate for any possible inconvenience that Service Recipients might incur. This does not apply if there is a separate agreement between the Service Provider and the Service Recipient where they have agreed to other minimum obligations on liability.

6.8 In cases where the Service Provider intends to carry on maintenance or other works, and the Portal becomes temporarily unavailable, the Service Provider will inform of such works, recipients of the service in advance.

6.9 ISIGN Service Recipient is assigned with a limited storage capacity to store user documents. Documents may also be limited in size. These levels are determined ISIGN and can be changed at the discretion of ISIGN. ISIGN Service Recipient will be warned in advance if any changes will be made.

6.10 Service Recipient has an own responsibility to maintain and archive his content unless he has purchased additional paid services with additional storage. If Service Recipient ceases to pay for such service, then ISIGN is obligated to store his data for a minimum of six calendar months thereafter. After that period ISIGN is not required to store the Recipient’s data longer and recovery of that data is not guaranteed. Prior to this event, the Service Recipient will receive warning email notifications in order for him to prepare or make own backups.

6.11 Customer Support is provided via email

7 Data security

7.1 Service is provided through 256-bit encryption, TLS connection. All data stored in data centres that comply with ISO27001, ISO 27017, ISO 27018 and PCI DSS Level 1 standards. All data is stored and processed in the European Union. Data is encrypted using AES-256 encryption algorithm.

8 Ownership of Service Recipient data

8.1 Service Recipient will always retain full ownership of all intellectual property rights in any content submitted by the Service Recipient in the course of using the service. Service Provider will never claim, access, read or use your content nor give any third-party access to your content except for the limited rights needed to provide the Service to Service Recipients or if demanded prior with a warrant from government authorities.

9 Termination of Service

9.1 Service Provider has the right to terminate provisioning of the Services or hand over to any third-party provisioning of Services by informing Service Recipient with 6 months minimum notice. Service Recipients which have purchased Service that extends the notice will receive refund for the months of Service which were not delivered.

9.2 Service Recipients can cancel their subscription at any time, which will be effective immediately. Service Recipients will retain access to the Service through the remainder of the period already paid and access to their documents extending additional three months. All Service fees are pre-paid are non-refundable. Service Provider does not provide refunds or credits for any partial months or years.

10 Intellectual Property

10.1 The Service Recipient agrees that Service Provider owns all ISIGN authorship and intellectual property (including, but not limited to, information, documents, logos, software and services). Service Recipient has no right to copy, distribute, or to create new products or services on the basis of ISIGN Portal. This rule does not apply to documents that were uploaded by the Service Recipient.

10.2 Trademarks, such as logos and brand name, may be used by third parties only if written approval from Service Provider has been acquired prior to any such usages in publications or literature.

11 Service Provider limited liability

11.1 ISIGN is not liable for damages caused by the wrongful usage of the service, lack of knowledge, Portal failures, scheduled maintenance downtime.

11.2 ISIGN is not liable for any direct or indirect loss of revenue which might be caused by Portal downtime or failure.

11.3 Service Recipient is liable for all content which they upload to the Service and that he has proper rights to use and share the content in the portal. If Service Recipient is found guilty of sharing sensitive, illegal or stolen information that may cause damages, ISIGN has the right to suspend the user account without notice.

11.4 Service Provider is not liable for losses due to limited service availability in the event of force majeure and other defects and failures not controlled by Service Provider which prevent the use of services provided by ISIGN to the Service Recipients.

11.5 Service Provider does not offer any legal advice, legal opinions and recommendations.

12 Final Provisions

12.1 Any disagreements or disputes between Service Recipient and Service Provider in regards to these rules shall be resolved with good faith and with efforts on both sides. If parties fail to reach agreement in regard to any disputes, controversies or claims arising from this agreement, parties shall have settled the dispute before a competent court of the Republic of Lithuania.

12.2 If any of the rules, paragraph, sentence or phrase is recognised as invalid or contrary to law, then it does not affect the validity of other rules, paragraphs, sentences and (or) phrases.